Division 4 Private hire vehicle licences

39   Licence

(1)  RMS may license motor vehicles as private hire vehicles, subject to and in accordance with this Division.

(2)  Subject to subsection (3):

(a)  the authority of a licence for a private hire vehicle, 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 private hire vehicle 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 private hire vehicles, 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 private hire vehicle operators carrying on private hire vehicle services by means of the private hire vehicles concerned, and

(b)  the conditions of a licence may provide that specified terms and conditions of the licence apply to an accredited private hire vehicle operator carrying on a private hire vehicle service by means of the private hire vehicle concerned.

The regulations or conditions referred to in this subsection may provide that such a term or condition applies to a private hire vehicle 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.

39A   Application for licence

(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 41).

(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.

39B   Grant or refusal of application

(1)  RMS may grant an application and issue to the applicant a licence for the private hire vehicle 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.

39C   Term and renewal of licences

(1)  A licence, unless sooner suspended or cancelled, remains in force for a period determined by RMS and specified in the licence.

(2)  A licence is renewable from time to time on payment of the fee fixed by the regulations.

(3)  Procedures for renewal may be settled by RMS, subject to any provisions of the regulations.

(4)  This section does not apply to a short-term licence issued under this Division.

39D   Short-term licences

(1)  If an applicant for a licence requests a short-term licence, RMS may issue to the applicant a licence for a limited duration.

(2)  A short-term licence, unless sooner suspended or cancelled, remains in force for the period (not exceeding 6 years) determined by RMS and specified in the licence.

(3)  Such a licence is not renewable and cannot be transferred except on the application of the holder’s legal personal representative or of a trustee of the holder’s estate.

39E   Area of operation of licences

(1)  A licence for a private hire vehicle may specify the area of operation of the private hire vehicle.

(2)  If no area is specified, the private hire vehicle may be used to carry on a private hire vehicle service anywhere in New South Wales.

(3)  A licence for a private hire vehicle does not confer on any person an exclusive right to operate a private hire vehicle in the area of operation specified in the licence.

39F   Conditions of licences

(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.

39G   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 private hire vehicle 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 private hire vehicle, 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 private hire vehicle.

(2)  A licence issued to a corporation is automatically cancelled when there is no designated director or manager.

39H   Licence fee

(1)  In addition to any application fee, a licence fee is payable to RMS when a licence is first issued.

(2)  The licence fee is payable by the person to whom the licence is issued in the manner determined by RMS.

39I   Licence fee for ordinary licence

(1)  The amount of the licence fee for a 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)  This section does not apply to a short-term licence issued under this Division.

39J   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.