Singh v Road and Maritime Services [2016] NSWCATOD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Singh v Road and Maritime Services [2016] NSWCATOD 114 Hearing dates: 21 March 2016, 1 June 2016 Date of orders: 01 June 2016 Decision date: 01 June 2016 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: The Respondent's decision to cancel the Applicant's driver authority is affirmed. Catchwords: Passenger transport - taxi driver – seizure – unable to meet medical standards - fitness to drive - whether driver authority should be cancelled Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Texts Cited: Assessing Fitness To Drive For Commercial And Private Vehicle Drivers - Medical Standards For Licensing And Clinical Management Guidelines - March 2012 Category: Principal judgment Parties: Sandeep Singh (Applicant) Road and Maritime Services (Respondent) Representation: S Singh (Applicant in person)

Solicitors: Smythe Wozniak Lawyers (Respondent) File Number(s): 1520253

reasons for decision 1. The Applicant, Mr Singh, held a taxi driver authority under the Passenger Transport Act 1990 ("the Act"). Road and Maritime Services ("the Respondent" or "RMS") determined to suspend the Applicant's driver authority after receiving advice that he was involved in a motor vehicle accident in May 2014 and suffered a possible seizure. The Respondent determined that the Applicant was unable to meet the medical standards that apply to taxi drivers. Those standards are set out in licensing and clinical management guidelines published by Austroads and the National Road Transport Commission. 2. The Respondent subsequently determined to cancel the Applicant's driver authority. That determination was affirmed on internal review. The Applicant has applied to this Tribunal for external review of the determination to cancel his driver authority. 3. The matter first came before me for hearing on 21 March 2016. On that occasion I adjourned the matter to allow the Applicant time to obtain medical records that he thought would assist him to establish that he had not suffered a seizure. The matter resumed for further hearing on 1 June 2016. At the conclusion of the hearing I determined to affirm the decision to suspend the Applicant's driver authority. The Applicant has requested written reasons for my decision and these reasons are provided in response to that request.