Division 4(1) RMS may license motor vehicles as taxi-cabs, subject to and in accordance with this Division.(2) Subject to subsection (3):(a) the authority of a licence for a taxi-cab, if the licence is let or sublet, inures to the benefit of the lessee or sublessee to the exclusion of the lessor or sublessor, and(b) a reference in this Act or the regulations to the licensee of, or the holder of a licence for, a taxi-cab is a reference to the person having the benefit of the authority of the licence concerned.(3) However:(a) the regulations may provide that such a lessor is subject to specified provisions of this Act or of the regulations relating to licensed taxi-cabs, either to the exclusion of any lessee or sublessee or jointly with any lessee or sublessee, and(b) the conditions of a licence may provide that such a lessor is subject to the provisions of specified terms and conditions of the licence, either to the exclusion of any lessee or sublessee or jointly with any lessee or sublessee.The regulations or conditions referred to in this subsection may provide that the lessor and any lessee or sublessee are jointly and severally liable under any specified provisions or for any matters arising in connection with them.
(4) The following provisions have effect:(a) the regulations may provide that specified kinds of terms and conditions of licences apply to accredited taxi-cab operators carrying on taxi-cab services by means of the taxi-cabs concerned, and(b) the conditions of a licence may provide that specified terms and conditions of the licence apply to an accredited taxi-cab operator carrying on a taxi-cab service by means of the taxi-cab concerned.The regulations or conditions referred to in this subsection may provide that such a term or condition applies to a taxi-cab operator to the exclusion of a licensee or may provide that the operator and licensee are jointly and severally liable in connection with such a term or condition.
(1) A person may apply to RMS for a licence under this Division.(2) An applicant is required to pay any fee fixed by the regulations for consideration of the application.(3) An application made by a corporation is not to be considered by RMS unless the corporation nominates designated directors or managers (as referred to in section 35).(4) For the purposes of subsection (3), RMS may, from time to time, determine the number of persons who are to be nominated as designated directors and the number of persons who are to be nominated as designated managers. Such a determination may be made generally or in any particular case or class of cases.(5) Procedures for making and dealing with applications may be settled by RMS, subject to any provisions of the regulations.
32B Grant or refusal of application
(1) RMS may grant an application and issue to the applicant a licence for the taxi-cab concerned, or may refuse the application.(2) Before an application is granted, the applicant must meet any criteria set forth in the regulations and must satisfy RMS as to any matter RMS considers relevant.(3) A licence issued by RMS must have a term of 12 months (an annual licence), if:(a) the licence is for a taxi-cab operated wholly or partly within the Metropolitan transport district, or(b) the licence is a licence, or a licence of a class, prescribed by order of TfNSW published in the Gazette.(4) In any other case, RMS may issue a licence:(a) designated as an ordinary licence, having a term, determined by RMS and specified in the licence (an ordinary licence), or(b) designated as a short-term licence, having a term, not exceeding 6 years, determined by RMS and specified in the licence (a short-term licence).(5) A licence remains in force for the period of the term of the licence unless sooner suspended or cancelled.(6) Without limiting subsection (3), an order under that subsection may apply that subsection to all licences issued after a specified date or may apply that subsection to licences for taxi-cabs operated wholly or partly within a specified area or areas of the State.
32C Availability of annual licences (other than licences for wheelchair accessible taxi-cabs)
(1) TfNSW must determine, before 31 March in each year, the number of annual licences to be issued for taxi-cabs during the year commencing on the following 1 July.(2) Any such determination may also do any of the following:(a) determine the number and class of annual licences that are to be issued to authorised taxi-cab drivers who are also accredited taxi-cab operators or who have applied for such accreditation,(b) limit the number of annual licences that may be granted to the same applicant or related applicants if, in the opinion of TfNSW, such a limitation is likely to promote competition that will benefit the public,(c) provide for any other matter relating to the issue of annual licences that is prescribed by the regulations.(3) In making a determination, TfNSW is to have regard to the following matters:(a) likely passenger demand and latent demand for taxi-cab services,(b) the performance of existing taxi-cab services,(c) the demand for new taxi-cab licences,(d) the viability and sustainability of the taxi-cab industry,(e) any other matters TfNSW considers relevant, having regard to the objective of ensuring improved taxi-cab services.(4) TfNSW may, if TfNSW thinks fit, obtain expert advice in relation to any of the matters referred to in subsection (3).(5) TfNSW may seek public submissions before making a determination and may take into account any submissions received for the purposes of making the determination.(6) RMS is to have regard to any applicable determination under this section when determining an application for an annual licence.(7) This section does not apply to licences for wheelchair accessible taxi-cabs.
(1) A licence (other than a short-term licence) is renewable from time to time on payment of the administrative fee prescribed by the regulations.(2) RMS may determine the procedures for renewal, subject to any provisions of the regulations.Note. A licence fee is also payable under section 32H on renewal of an annual licence.(3) An annual licence must not be renewed more than 9 times (that is, so that a licence is in force for a total period of not more than 10 years).(4) A person may apply for a new annual licence, with a new fee determined under section 32JA, before or after the end of the 10 year period during which another annual licence held by the person may be renewed.
(1) An ordinary licence may be transferred.(2) Any other licence may be transferred only on the application of the holder’s legal personal representative or of a trustee of the holder’s estate.(3) This section is subject to any condition imposed on a licence under this Act.
32DB Letting and subletting of licences
(1) A licence may be let or sublet without the approval of RMS.(2) This section is subject to any condition imposed on a licence under this Act.Note. See section 30 for licensing and accreditation requirements to operate taxi-cabs.
32E Area of operation of licences
(1) A licence for a taxi-cab may specify the area of operation of the taxi-cab.(2) If no area is specified, the taxi-cab may be used to carry on a taxi-cab service anywhere in New South Wales.(3) A licence for a taxi-cab does not confer on any person an exclusive right to operate a taxi-cab in the area of operation specified in the licence.
(1) A licence is subject to:(a) the conditions prescribed by the regulations, and(b) such additional conditions as RMS may impose on the licence.(2) Conditions imposed by RMS may be varied (whether by amendment, addition, revocation or suspension of one or more conditions) by RMS from time to time by notice served on the licensee.(3) A licensee who contravenes a condition of the licence is guilty of an offence.Maximum penalty: 1,000 penalty units.
(4) A variation of conditions imposed on a licence by RMS is, for the purposes of Division 3 of Part 5 (Reviews by Administrative Decisions Tribunal), a variation of the licence.
32G Variation, suspension or cancellation of licences
(1) RMS may at any time vary, suspend or cancel any licence if:(a) owing to the default of the licensee, or the agents or employees of the licensee:(i) the provisions of this Act or the regulations, or(ii) the terms and conditions of the licence,have not been or are not being complied with, or(b) the taxi-cab service carried on under the authority of the licence has been or is being conducted in such a manner as to cause danger to the public, or(c) the licensee is convicted of an offence against this Act or the regulations with respect to the furnishing of information concerning the service, or(d) the licensee does not have a policy of insurance covering third-party property damage in respect of the taxi-cab, being a policy:(i) issued by a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business, and(ii) providing cover that in the opinion of RMS is sufficient for the taxi-cab, or(e) owing to the default of the licensee, or the agents or employees of the licensee, the applicable contract determination has not been complied with in respect of drivers of the taxi-cab concerned to whom the determination applies, or(f) owing to the default of the licensee, or the agents or employees of the licensee, the taxi-cab concerned is not made available in accordance with a service requirement imposed by the taxi-cab network provider with which the taxi-cab operator who operates the taxi-cab is affiliated, but only if RMS is satisfied that the requirement is reasonable and necessary to enable the network provider to comply with its obligations imposed by or under this Act.(2) A licence issued to a corporation is automatically cancelled when there is no designated director or manager.
(1) In addition to any application fee, a licence fee is payable to RMS when a licence is first issued (in the case of an ordinary licence or a short-term licence) or when a licence is first issued or renewed (in the case of an annual licence).(2) The licence fee is payable by the person to whom the licence is issued in the manner determined by RMS.(3) TfNSW may determine a licence fee under this Act that exceeds the amount required to cover the administrative or other costs of the taxi-cab licensing scheme.
32I Licence fee for ordinary licence
(1) The amount of the licence fee for an ordinary licence must be determined by inviting applicants for the licence to bid for it at a public auction or to submit sealed tenders for it or by using such other method chosen by TfNSW as will, in TfNSW’s opinion, yield as the fee for the licence an amount equivalent to its current value on the open market.(2) TfNSW may, in the circumstances specified in the regulations, fix the licence fee at less than the current value of the licence on the open market or decide not to impose a licence fee for the licence.(3) (Repealed)
32J Licence fee for short-term licences
The amount of the licence fee for a short-term licence issued under this Division is an amount determined by TfNSW.
32JA Licence fee for annual licences
(1) The amount of the licence fee for an annual licence (other than a licence for a wheelchair accessible taxi-cab) must be determined by inviting applicants for the licence to bid for it at public auction or to submit sealed tenders for it.(2) TfNSW may, in the circumstances specified in the regulations, determine a licence fee for any such annual licence without complying with subsection (1).(3) The amount of the licence fee for an annual licence determined under subsection (1) or (2) is the licence fee payable on each renewal of the licence.(4) The amount of the licence fee for an annual licence for a wheelchair accessible taxi-cab is an amount determined by TfNSW.
(1) An accredited taxi-cab operator may, if a licensed taxi-cab used in the taxi-cab service is out of operation while undergoing repair or service, operate in place of that taxi-cab another motor vehicle even though no licence is in force for it, but only if that other motor vehicle complies with the requirements of this section.(2) A motor vehicle that is operated in place of a licensed taxi-cab must:(a) display the number-plates allocated to the taxi-cab by virtue of its being so licensed, and(b) be registered under the Road Transport (Vehicle Registration) Act 1997, and(c) in addition to the number-plates referred to in paragraph (a), display the number-plates allocated to that vehicle by virtue of its registration under the Road Transport (Vehicle Registration) Act 1997, and(d) comply, to the satisfaction of RMS, with the standards prescribed for taxi-cabs, and(e) except to the extent authorised by RMS, conform to the terms and conditions imposed by the licence for that taxi-cab, and(f) display a sign in accordance with the regulations identifying the vehicle as a stand-by taxi-cab, and(g) comply with such other requirements as are prescribed by the regulations for the purposes of this subsection.(3) While a motor vehicle that is being operated in place of a licensed taxi-cab complies with the requirements of this section, that motor vehicle is taken, for the purposes of this Act, to be a taxi-cab for which a licence is in force.