The NSW Government recently announced its intention to make changes to taxi licensing arrangements. The Minister for Transport and Roads and the Minister for Regional Transport and Roads have committed to closely consulting key taxi stakeholders to set up an appropriate industry assistance scheme.
Taxi licence owners should seek their own financial and legal advice on whether they should sell their taxi licence, or whether they should buy a taxi licence.
Ordinary taxi licences can be transferred or bought and sold. All other types of taxi licences may be transferred in certain circumstances, such as when the owner dies. The table below shows the different types of licences and transfer methods.
Which licences can be transferred and in what circumstances?
The below table outlines the taxi licences and circumstances in which they can be transferred.
|Licence Type||Sale||Gift||Death of Licence Holder||Court Order (inc divorce)||Joint Tenant Transfer|
|Annual taxi licence (including WAT licence)
Issued under the Act or Passenger Transport Act 1990
|Ordinary taxi licence (including WAT licence)
Issued under the Passenger Transport Act 1990 or earlier Acts
Issued under the Passenger Transport Act 1990
|Nexus and Paired taxi licence
Issued under the Passenger Transport Act 1990
Who can transfer a taxi licence?
For the purpose of transferring a licence, a licence holder is the person whose name appears on the licence, that is the person to whom the licence was last granted or most recently transferred.
An annual taxi licence may only be transferred on application by the legal personal representative or trustee of the taxi licence holder, such as an executor of a licence holder’s estate.
Where a licence is held by two or more persons (joint holders) and one of the joint holders is removed from the holding this is not deemed as a transfer. However, where an additional person is added as a licence holder, this is considered to be a transfer.
How is a taxi licence transferred?
The transfer process is usually initiated by the licence holder, however, in the case of a deceased estate the executor or administrator of the estate would initiate the transfer.
To commence the transfer process a licence holder, executor or administrator needs to apply to transfer the licence online by following the steps below:
- Login to the Taxi Licence Gateway from the Industry Portal
- Select "Taxi Licences" from the menu on the left of screen
- Select the specific taxi licence you would like to transfer
- Click on "Transfer" at the top right and follow the instructions.
Once an application to transfer is received, the amount of transfer levy payable will be determined and the transferee (the person the licence is being transferred to) will be asked to finalise the transfer.
To finalise the transfer the transferee (Party B) will be sent details of their login for the Industry Portal. Once logged in they can complete the Application to Transfer a Taxi Licence (Party B) and pay the transfer levy (if applicable). The transfer will then be finalised.
All supporting documents need to be certified as a true copy of the original by a Justice of the Peace, Solicitor or person on the approved list of occupations.
Further details on proof of identity documents are on the Becoming an authorised service provider page.
You will need to provide the following documents with your application:
- 100 points of identity documents (if not already provided)
- An executed contract of sale – where the taxi licence is being sold on the open market
- Probate and will – where the executor or administrator acts in relation to a deceased estate
- Letter of Administration – where the taxi licence holder died intestate (without a will)
- Instrument of transfer – where the taxi licence is being transferred for a reason other than through a sale or on the death of the taxi licence holder, such as through a divorce. This might be a copy of the divorce order.
Taxi licence transfer fees
A levy of 2.5% of the current market value of an ordinary licence is payable by the transferee (Party B) on the transfer of the licence.
The Point to Point Transport Commissioner decides what represents the current market value as at the date of transfer of the licence.
The current market value is determined by using:
- Metropolitan Transport District (Sydney) Taxi Licences - the previous month's average taxi transfer price for taxi licences being transferred through a sale on the open market. View details on transfer values for Sydney taxi licences.
- Taxi licences outside Sydney - the value detailed on the executed contract of sale, unless the Commissioner considers this does not represent the current market value.
The buyer of the licence is responsible for paying the transfer levy. No transfer levy is payable when the licence holder has died and the new licence holder is entitled to the licence under the will or on the intestacy of the licensee (intestacy is when a person dies without having made a valid will or other binding declaration). There is more information on pricing contained in the Taxi licence transfer prices page.