Hauchab v Roads and Maritime Services [2013] NSWADT 181

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hauchab v Roads and Maritime Services [2013] NSWADT 181 Decision date: 13 August 2013 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Decision under review affirmed Catchwords: Passenger transport - taxi driver authority - cancellation - complaints of sexually explicit comments by driver to passengers - driver's conviction for offensive behaviour - fitness and propriety - repute Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Sodiki v Roads and Maritime Services [2013] NSWADT 145 Category: Principal judgment Parties: Hauchab Hauchab (Applicant) Roads and Maritime Services (Respondent) Representation: G Willis (Applicant) Smythe Wozniak (Respondent) File Number(s): 133066

reasons for decision 1GENERAL DIVISION (S FROST, JUDICIAL MEMBER): The Applicant is a 65-year-old taxi driver who has been driving taxis for over 20 years. 2In February this year, the Respondent formed the view that Mr Hauchab was not a fit and proper person with sufficient responsibility and aptitude to drive a taxi-cab. Accordingly the Respondent decided to cancel Mr Hauchab's taxi driver authority. 3Mr Hauchab has applied to the Tribunal for review of the cancellation decision. 4I agree with the Respondent's decision to cancel Mr Hauchab's driver authority. My reasons follow.

The relevant legislation 5The relevant legislation for the purposes of this application is the Passenger Transport Act 1990 (the Act) and the Passenger Transport Regulation 2007 (the Regulations). 6Section 33F of the Act provides as follows: Having regard to the purpose of authorisation under this Division, [the Respondent] may at any time vary, suspend or cancel any person's authority under this Division. 7The purpose of authorisation, referred to in that section, is exposed in s 33(3) of the Act in the following terms: (3) The purpose of an authority under this Division is to attest: (a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a taxi-cab, and (b) that the authorised person is considered to have sufficient responsibility and aptitude to drive a taxi-cab: (i) in accordance with the conditions under which the taxi-cab service concerned is operated, and (ii) in accordance with law and custom. 8Clause 35(b) of the Regulations states that the driver of a public passenger vehicle must behave in an orderly manner and with civility and propriety towards any passenger, intending passenger, driver of another public passenger vehicle or authorised officer. 9This case turns on the question whether Mr Hauchab meets the standards set out in paragraphs (a) and (b) of s 33(3).