The NSW Civil and Administrative Tribunal has confirmed that it does not have jurisdiction to review driver eligibility under clause 25 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 (Regulation).
Proceedings were initiated last year when the Commissioner was named as the respondent to an application to the Tribunal by a prospective driver. The driver sought a review of the Commissioner’s “decision” that he was ineligible to be a point to point driver because he had not held an unrestricted driver licence for at least 12 months in the preceding 2 years, as required by the Regulation.
The driver received a red light in the Driver Vehicle Dashboard, an online tool which provides up-to-date information on driver eligibility and vehicle registration status in NSW.
The Commissioner sought to have the application dismissed on the basis that the Tribunal does not have jurisdiction to review driver eligibility because the Regulation makes clear that it is a legal requirement that a driver have the relevant licence tenure. This is not a matter about which the Commissioner has any decision making power.
The Tribunal, in its decision published on 25 March 2020, agreed with the Commissioner that the Tribunal does not have jurisdiction to review driver eligibility under clause 25 of the Regulation, which provides:
- 25 Ineligible drivers
- A person must not drive a taxi or hire vehicle that is being used to provide a passenger service unless—
- the person has held an unrestricted Australian driver licence for a total of at least 12 months in the preceding 2 years, and
- the person meets the medical standards for commercial vehicle drivers set out in Assessing Fitness to Drive, published by Austroads and the National Transport Commission, as in force from time to time.
- A person must not drive a taxi or hire vehicle that is being used to provide a passenger service unless—
The application for review was dismissed and the decision will be of assistance to future prospective applicants.