Mohamed v Roads and Maritime Services [2013] NSWADT 122

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mohamed v Roads and Maritime Services [2013] NSWADT 122 Decision date: 31 May 2013 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Decision under review affirmed Catchwords: Taxi driver authority - fit and proper person - responsibility and aptitude to drive a taxi-cab Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Category: Principal judgment Parties: Mahad Abdi-Hashi Mohamed (Applicant) Roads and Maritime Services (Respondent) Representation: JurisAustralia (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 133022

reasons for decision 1GENERAL DIVISION (S FROST, JUDICIAL MEMBER): Mr Mohamed has been driving taxis in New South Wales since about 2001. Earlier this year the Respondent notified him that it had cancelled his taxi-cab driver authority. He has applied to the Tribunal for review of that decision.

Background to the decision under review 2On 7 January 2013 the Respondent sent Mr Mohamed a "Notice to Show Cause" in relation to his taxi-cab driver authority. The Notice was in the following terms: As delegate for Transport for NSW (TfNSW), Roads and Maritime Services (RMS) is considering cancelling your public passenger vehicle driver authority to drive a taxi-cab for the reasons set out in the attached Statement of Reasons. If you wish to make submissions, you must do so within 21 days of the date of this Notice. After 21 days (or sooner if your submissions are received earlier than that) a decision will be made about your application. If you do not reply or if your submissions are not sufficient to prevent the decision being made, your authority may be cancelled based on the matters set out in the attached Statement of Reasons. ... 3The Statement of Reasons notified Mr Mohamed that the Respondent was concerned about his driving record. In particular, it noted a number of traffic offences during the period June 2007 to January 2012, including exceeding the speed limit, failing to obey traffic lights and failing to give way. It also noted that he had been charged with eleven counts of driving while unlicensed over a period of 17 days in December 2011 and January 2012. 4The Statement of Reasons went on to explain the circumstances of the unlicensed driving: On 12 December 2011 RMS1 sent you a Notice of Suspension as your driver licence had expired on 9 December 2011. On 24 December 2011 you were approached by RMS compliance officers at Maroubra taxi rank. An inspection of your taxi driver authority was conducted. It was established that your taxi driver authority has been suspended by RMS on 12 December 2011 due to your expired driver licence. On 3 February 2012 the suspension on your taxi drivers authority was lifted as your driver licence was renewed on 11 January 2012. The investigation into driving whilst suspended was still ongoing. On 25 September 2012 you appeared at Parramatta Local Court for 'Drive taxi-cab without an appropriate authority'. Records show that even though you had been advised by RMS compliance officers not to drive you continued to do so and you drove taxi T845 between 24 December 2011 and 6 January 2012 whilst your driver authority and driver licence was suspended. As a result you were convicted and fined $660 with a moiety to Transport for NSW for driving without a current driver authorisation and fined $330 for driving unlicensed. You were placed on a Section 10A bond for the additional offences. On 14 January 2013 RMS received your application to renew your taxi driver authority expiring 22 January 2013. 5On 11 January 2013 Mr Mohamed applied for renewal of his taxi driver authorisation which was about to expire on 22 January 2013. In addition to that, on 16 January 2013 he responded to the Notice to Show Cause. However, on the following day, 17 January 2013, a delegate of the Respondent made a decision described by the delegate as a "Refusal to renew", noting that the decision was "based on traffic". Notice of the decision, although said to be a "Refusal to renew" decision, was communicated to Mr Mohamed on 22 January 2013 as a "Notice of Cancellation" of his taxi driver authority. 6I have concluded that the decision to cancel Mr Mohamed's taxi-cab driver authority is the correct and preferable decision. My reasons for coming to that view follow.