Huda v Roads and Maritime Services [2017] NSWCATOD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huda v Roads and Maritime Services [2017] NSWCATOD 151 Hearing dates: 10 October 2017 Date of orders: 25 October 2017 Decision date: 25 October 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: PASSENGER TRANSPORT – refusal to renew wheelchair accessible taxi licence – applicant must satisfy RMS as to any matter RMS considers relevant – expectation of number of jobs performed per day – failure to meet performance levels Legislation Cited: Passenger Transport Act 1990 Passenger Transport (General) Regulation 2017 Cases Cited: Howell v Macquarie University [2008] NSWCA 26 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Shahid Huda (Applicant) Roads and Maritime Services (Respondent) Representation: Shahid Huda (Applicant in person) Smythe Wozniak Lawyers (Respondent) File Number(s): 2017/ 00213330

REASONS FOR DECISION 1. This is an application by Mr Shahid Huda for review of a decision refusing the renewal of a wheelchair accessible taxi licence. His application was refused by Roads and Maritime Services (RMS) because RMS was not satisfied that priority was being given to passengers using wheelchairs, including compliance with an expectation that at least one wheelchair hiring will be completed per day.

The wheelchair taxi scheme 1. A wheelchair accessible taxi is a vehicle that has been specifically modified to safely accommodate at least one and up to three wheelchairs and their users. Wheelchair accessible taxis are specifically licenced and, in order to support the operation of these services, licence fees for wheelchair accessible taxis were originally set at $1,000 but are now free. In contrast, RMS provides evidence that an ordinary taxi plate currently costs in excess of $200,000. 2. There is a designated booking service for wheelchair accessible taxis which is called Zero200. Drivers can also pick up passengers on the street and have other booking arrangements with regular passengers. The Handbook issued to all drivers using the Zero200 radio booking service states that drivers must not refuse a booking and must give preference to a person using a wheelchair. 3. NSW residents who are unable to use public transport because of a disability are entitled to use the Taxi Transport Subsidy Scheme (TTSS). TTSS covers fifty percent of the total fare up to a maximum of $60 and participants are issued with a book of dockets to use when using taxis. An M50 docket is used by passengers who use wheelchairs as this permits the driver to claim an additional subsidy. All other passengers with a disability who are not required to use a wheelchair use an M40 docket. 4. Under s 32B of the Passenger Transport Act 1990 (the Act) RMS is given power to grant or refuse to grant a licence for a taxi-cab. In order to be granted a licence an applicant must meet any criteria set out in the regulations and must satisfy RMS as to any matter RMS considers relevant. When a licence is granted, conditions can be imposed by RMS (s 32F). 5. The licence for the wheelchair accessible taxi the subject of this application was last granted on 19 March 2016 for a period of 12 months. On 13 March 2017 Mr Huda applied to renew the licence for a further 12 months.