Hauchab v Roads and Maritime Services

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

1. GENERAL DIVISION (S FROST, JUDICIAL MEMBER): The Applicant is a 65-year-old taxi driver who has been driving taxis for over 20 years.

1. In 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.

1. Mr Hauchab has applied to the Tribunal for review of the cancellation decision.

1. I agree with the Respondent's decision to cancel Mr Hauchab's driver authority. My reasons follow.

The relevant legislation

1. The relevant legislation for the purposes of this application is the Passenger Transport Act 1990 (the Act) and the Passenger Transport Regulation 2007 (the Regulations).

1. Section 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.

1. The 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.

1. Clause 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.

1. This case turns on the question whether Mr Hauchab meets the standards set out in paragraphs (a) and (b) of s 33(3).

Background to the cancellation decision

1. The Respondent received a complaint alleging that on 4 January 2013, Mr Hauchab asked a young male passenger questions of a personal nature and told the passenger that he would like to give him a "head job". The Respondent notified Mr Hauchab of the complaint. He was interviewed by authorised officers who found the allegation justified.

1. A delegate of the Respondent examined Mr Hauchab's complaint history and…