Gomes v Roads and Maritime Services [2013] NSWADT 187

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gomes v Roads and Maritime Services [2013] NSWADT 187 Hearing dates: 26 March 2013, 1 May 2013 and 2 July 2013 Decision date: 02 July 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision is affirmed. Catchwords: Passenger Transport Act - Taxi driver - cancellation of authority Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Chaining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Gomes v Department of Transport and Infrastructure [2010] NSWADT 318 Gomes v Ministry of Transport [2008] NSWADT 303 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Maythisathit and Registrar of Motor Vehicles [1996] ACT 165 Saadieh v Director General, Department of Transport [1999] NSW ADT 68 Category: Principal judgment Parties: Paul Gomes (Applicant) Roads and Maritime Services (Respondent) Representation: M Jools (Agent for the Applicant) Smythe Wozniak (Respondent) File Number(s): 133046

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant has held an authority to drive a taxi-cab under the Passenger Transport Act 1990 ("the Act"). He was first issued with an authority in July 2005. Since that time there have been a number of complaints registered against his authority and at various times the Respondent has taken action against his authority. 2In 2008 the Applicant was successful in having the Respondent's decision to cancel his authorisation to drive a taxi-cab set aside: Gomes v Ministry of Transport [2008] NSWADT 303 3In December 2010 I affirmed the Respondent's decision to cancel the Applicant's authorisation to drive a taxi-cab: Gomes v Department of Transport and Infrastructure [2010] NSWADT 318. 4In April 2011 the Applicant made a new application for an authority to drive taxi-cabs. The Respondent refused that application and the Applicant sought external review in the Tribunal. On 21 March 2012 I affirmed the decision to refuse the application. On that occasion a solicitor, Mr Benjamin, represented the Applicant. The parties agreed on conditions that would apply to any future application by the Applicant. It was agreed that an authority would be issued, on the following conditions: "Upon the applicant: Undertaking and satisfactorily completing the mandatory taxi training programmes in an approved taxi school; and Passing the Sydney knowledge test; and Providing a satisfactory medical certificate; and Satisfying the mandatory criteria as to a driver licence, Such authority is to be an annual authority for a period of 3 years and thereafter to revert to the usual period of duration of driver authorities. The applicant acknowledges and understands that any further complaints or breaches of the Passenger Transport Act or Regulations will result in either the immediate cancellation or failure to renew his drivers authority." 5In May 2012 the Applicant made a new application for an authority to drive taxi-cabs. He had satisfied the conditions that were agreed before the Tribunal on 21 March 2012, and the Respondent granted the authority. 6After the issuing of this authority the Applicant became the subject of further complaints. In February 2013 the Respondent again determined to cancel the Applicant's authority. In the reasons provided for the decision, the Respondent's Manager, Compliance Public Passenger Services Compliance and Regulation referred to the complaints received since the authority had been issued on 24 May 2012 as follows: Since the re-issuing of your driver authority on the 24 May 2012 you have been the subject of six (6) complaints. The complaints are of similar nature to those previously lodged against you as follows: On 5 February 2013, TCS received a complaint relating to the driver of taxi-cab T3774 driving in a dangerous manner. The complainant stated he was driving home along Beecroft Road when taxi-cab T3774 suddenly swerved dangerously across lanes without indicating. The complainant stated when he pulled alongside the taxi he saw that the driver was counting money with both hands off the steering wheel. The driver subject of the complaint was identified by TCS as Paul Gomes, Driver's Authority GP6605. TCS investigated the matter. The above complaint shows a pattern of behaviour and is of concern to RMS. On 14 January 2013, TCS received a complaint relating to the driver of taxi-cab T3774 driving erratically, in an unsafe manner, constantly abusing other road users, being rude and arguing with the passenger. The journey was from Potts Point to Bellevue Hill. The driver subject of the complaint was identified by TCS as Paul Gomes, Driver's Authority GP6605. TCS investigated the matter and you received a reprimand. The above complaint shows a pattern of behaviour and is of concern to RMS'. On 11 January 2013, TCS received a complaint relating to the driver of taxi-cab T3774 driving erratically, in an unsafe manner and constantly swerving across lanes on the M4 motorway. The driver subject of the complaint was identified by TCS as Paul Comes, Driver's Authority GP6605. TCS investigated the matter and you received counselling. The above complaint shows a pattern of behaviour and is of concern to RMS. On 18 November 2012, TCS received a complaint relating to the driver of taxi-cab T378 demanding more than the prescribed fare for a journey from King Cross to Illawong. The passenger stated he pre-paid $100 for the journey at the drivers request and upon arrival at his destination charged him another $120. The driver subject of the complaint was identified by TCS as Paul Comes, Driver's Authority GP6605. TCS investigated the matter. The above complaint shows a pattern of behaviour and is of concern to RMS. On 7 October 2012, TCS received a complaint relating to the driver of taxi-cab T4011 driving in an unsafe manner, having a lack of street knowledge, demanding more than the prescribed fare and failing to assist the passenger with luggage during a journey from Waverton to Kirribilli. The passenger stated you drove erratically, had no idea where to go, asked him to read the street directory, charged $30 even though the meter read $22 and then did not assist in unloading his luggage at the destination. The driver subject of the complaint was identified by TCS as Paul Gomes, Driver's Authority GP6605. On 23 September 2012, TCS received a complaint relating to the driver of taxi-cab T3558 overcharging a passenger. The passenger stated upon reaching the destination the meter read $17 but the driver pressed a button and fare changed to $39 and the driver then added $9 for tolls. The driver subject of the complaint was identified by TCS as Paul Gomes, Driver's Authority GP6605. TCS investigated the matter. The above complaint shows a pattern of behaviour and is of concern to RMS. 7The Applicant applied to the Tribunal for external review of the determination to cancel his driver authority. 8The matter came before me for hearing on 26 March 2013, 1 May 2013 and 2 July 2013. Following the hearing on 2 July 2013 I determined that the cancellation should be affirmed and I gave brief reasons for my decision. The Applicant has requested more detailed reasons for my decision and these reasons are provided in response to that request.