sou · GNB360 · 2000-01-01 00:00:00 — (a) Shall be applied for on a form provided by the Secretary, or in such other as may be prescribed by regulations made under the Transport (Vehicle and Driver Registra- tion and Licensing) Act 1986, and any such application--- (i)Shall contain such information as is required by the Secretary or as is prescribed in any such regulations; and (ii)be rejected unless the applicant consents to checks being made as to any crimi- nal or other record or history of the applicant relevant to whether or not the applicant is fit and proper person to drive a vehicle being used in the relevant transport service; and (iii)Shall be accompanied by the prescribed fee: (b)Shall bear a recent photograph of the driver: (c)Shall display a unique driver identifier made up of any combination of characters or numbers, or both, approved by the Secretary as--- (i)Being sufficiently memorable to be easily recalled by users of the service provided by the driver; and (ii)Appropriate to identify the driver from other drivers in any transport service: (d)Shall display such other information or material as may be required by the Secretary or prescribed in the regulations: (e)Subject to subsection (2A) of this section, shall be current for such period not exceeding 5 years as may be specified on the card. (1990:123, 1992:109) (2A) To enable the co-ordination of the documentation relating to the licence concerned, the Secretary may extend the currency of any driver identification card for any period (not exceeding 12 months) the Secretary thinks fit. (2B) Having regard to the nature of the service operated, the Secretary may exempt any driver, or drivers of any class or description, from the requirements of this section, conditionally, or subject to any conditions the Secretary thinks fit. (3)Where, having regard to the matters specified in section 24 of this Act, the Secretary is not satisfied that an applicant for a driver identification card is a fit and proper person to drive a small passenger service vehicle or vehicle recovery service vehicle, the Secretary may--- (a) Refuse to issue a driver identification card to the applicant; and (b) Revoke any licence held by the applicant that authorises the applicant to drive a small passenger service vehicle or a vehicle recovery service vehicle. (4)Where the Secretary refuses to issue a driver identification card and revokes any licence under subsection (3) of this section, the Secretary shall, in accordance with section 25 of this Act,--- (a) Notify the person concerned of the refusal; and (b) Specify the grounds for the refusal; and (c) Afford a reasonable opportunity for submissions to be made on the matter; and (d) Notify the person of the right of appeal under section 42 of this Act. (5)person who drives a vehicle in contravention of subsection (1) of this section commits an offence and is liable on summary conviction to a fine not exceeding ,000. (6)person commits an offence and is liable on summary conviction to a fine not exceeding ,000 who, being the driver of a small passenger service vehicle or a vehicle recovery service vehicle being used in a passenger service or a vehicle recovery service, fails to produce his or her driver identification card on being requested to do so by an enforcement officer. (7)Nothing in this section shall derogate from or affect the power of the Secretary under any other provision of this or any other Act to revoke, suspend, or otherwise deal with any transport service licence or driver's licence. Operator of small passenger service vehicle to be member of approved taxi organisation---(1) No holder of a passenger service licence shall operate under that licence any small passenger service vehicle (being a vehicle that is not exempt from the requirement to display the signs referred to in rule 3 of Part I of the Third Schedule to this Act) unless the licence holder is a member of an approved taxi organisation. (2)person who contravenes subsection (1) of this section commits an offence and is liable on conviction to a fine not exceeding ,000. (3)person who is deemed by section 9 (2) (a) of this Act to hold a passenger service licence during the period commencing on the 1st day of and ending on the 31st day of 1990, and who operates a small passenger service vehicle during that period, shall be deemed for the purposes of this section to be a member of an approved taxi organisation during that period. (4)For the purposes of this section,--- (a)approved taxi organisation that holds a passenger service licence; and (b)operator who holds a passenger service licence and operates under a contract with an approved taxi organisation--- shall be deemed to be a member of that taxi organisation. Approved taxi organisations---(1) The Secretary may, on application by any--- (a)Organisation representing operators of small passenger service vehicles; or (b)Person who holds or has made application for a passenger service licence,--- approve that organisation or person as an approved taxi organisation for the purposes of this Act. (2) such application shall--- (a)Be on the form provided by the Secretary for the purpose, or one to similar effect; and (b)Specify the responsible officer or officers of the proposed organisation; and (c)Contain such other information as is required by the Secretary; and (ca) Be accompanied by a copy of the applicants proposed operating rules; and (d)Be accompanied by the prescribed fee; and (e)Be published in accordance with the provisions of section 7 of this Act as if it were an application for a transport service licence to which that section applies (and for the purposes of this section subsections (2) to (4) of that section shall also apply to any application made under this section). (3) After considering any application for approval under this section, the Secretary shall approve the organisation or person as an approved taxi organisation if the Secretary is satisfied that--- (a)The applicant is an organisation or person entitled to make application under subsection (1) of this section, and, in the case of a person who is also an applicant for a passenger service licence, that person has obtained or will obtain such a licence; and (b)All persons who will or are likely to have control of the proposed organisation are fit and proper persons to have such control, having regard to the provisions of section 24 of this Act; and (ba) The operating rules, rosters, and other internal operating procedures of the proposed organisation are likely to give it adequate control over its members and their drivers; and (bc) The members and drivers within the proposed organisation have the ability to meet the requirements of Part I of the Third Schedule to this Act; and''. (c) The proposed organisation is likely to be able to provide a 24 hour a day and 7 day a week service in the area it serves in accordance with the requirements of subsection (1) (a) of section 22 of this Act, or such lesser service as may be required pursuant to any exemption granted or likely to be granted under subsection (2) of that section. (1992:109) (3A) The approval under this section of an organisation or person as an approved taxi organisation shall be deemed to include approval of the proposed operating rules of the organisation or person. (4)Where the Secretary refuses to approve an organisation or a person under this section, the Secretary shall, in accordance with section 25 of this Act,--- (a) Notify the applicant of that refusal; and (b) Specify the grounds for the refusal; and (c) Afford a reasonable opportunity for submissions to be made on the matter; and (d) Notify the applicant of the right of appeal under section 42 of this Act. (5)taxi organisation approved by a Licensing Authority under Part VII of the Transport Act 1962 shall be deemed to have been approved as an approved taxi organisation under this section. Requirements relating to approved taxi organisations---(1) approved taxi organisation shall--- (a)Ensure, through a telephone communications system on which bookings can be made, that the services of its members who operate small passenger service vehicles are available to the public 24 hours a day and 7 days a week, or for such lesser period or in such other as may be specified by a regional council as the condition of an exemption granted under subsection (2) of this section; and (b)Assign unique fleet numbers to member vehicles; and (c)Maintain a register of licence holders who are members of the organisation, their drivers, the unique fleet numbers assigned by the organisation, and the number of vehicles operated by each member; and (d)Maintain the register of complaints referred to in rule 11 of Part I of the Third Schedule to this Act, and comply with the provisions of that rule; and (e)Notify the Secretary of the granting, revocation, or modification of any exemption under this section, and the conditions of any such exemption, not later than 14 days after the exemption, revocation, or modification was notified to the organisation; and (f)Ensure that its members and their drivers hold appropriate current area knowledge certificates where required by section 18A of this Act, and an appropriate ability to communicate in the English language; and (g)Ensure that its members and their drivers maintain an adequate knowledge of the organisation's current operating area (as so notified); and (h)Notify the Secretary of any change in its responsible officers; and (i)Make the register of licence holders available at reasonable times during normal business hours for inspection by any enforcement officer. (2)regional council in whose region an approved taxi organisation provides a service may, in respect of the service within that region, and having regard to the requirements of section 594ZZI of the Local Government Act 1974, exempt the organisation from the requirements specified in subsection (1) (a) of this section if, in the opinion of the regional council, public demand does not require such a level of service. (3)such exemption--- (a)be subject to such conditions as the regional council may specify: (b)be granted, revoked, or modified by the regional council at any time, after giving such notice and such opportunity to make submissions on the matter as may be reasonable in all the circumstances to both (i)The approved taxi organisation concerned; and (ii)other approved taxi organisation that may be affected by the proposed grant, revocation, or modification of the exemption. (4) approved taxi organisation that fails to comply with--- (a)requirement of subsection (1) of this section; or (b)condition of an exemption granted under subsection (2) of this section,--- commits an offence and is liable on conviction to a fine not exceeding ,000. (4A) organisation or person being an approved taxi organisation immediately before the commencement of this subsection shall, within 3 months after being so required by the Secretary, furnish the Secretary with a copy of the organisation's operating rules. (4B) approved taxi organisation shall submit to the Secretary, for the Secretary's approval, a copy of every amendment to the organisation's approved operating rules. (4C) The Secretary shall approve rules and alterations furnished or submitted under subsection (4A) or subsection (4B) of this section if satisfied that the rules or amended rules, as the case may be, are likely to give the organisation adequate control over its members and their drivers. (4D) approved taxi organisation shall ensure that its members and their drivers comply with the organisation's approved operating rules. (4E) approved taxi organisation that contravenes or fails to comply with any of subsections (4A) to (4D) of this section commits an offence and is liable on summary conviction to a fine not exceeding ,000. (5) Nothing in subsection (1) (a) of this section shall, before the 1st day of , apply to an organisation that is deemed by section 21 (5) of this Act to be an approved taxi organisation to the extent that the organisation is providing a level of service that would not breach the terms of any approval given before the 1st day of by the Licensing Authority under Part VII of the Transport Act 1962 in respect of that organisa- tion. Revocation of approval of approved taxi organisation---(1) The Secretary may revoke any approval of a taxi organisation given under section 21 of this Act where--- (a)The organisation has been convicted 3 times or more of an offence against section 22 (4) of this Act; or (b)The organisation is no longer an organisation or person that would qualify for approval as an approved taxi organisation under section 21 (1) of this Act; or (c)The Secretary is satisfied that the organisation, or any person having control of the organisation, is not a fit and proper person to be, or have control of, an approved taxi organisation; or (d)The Secretary is satisfied that the organisation cannot adequately maintain proper control over the activities of its members and their drivers; or (e)The Secretary is satisfied that, by reason of the failure of operators and drivers within the organisation to maintain area knowledge or an appropriate ability to communicate in the English language, the organisation is not a fit and proper person to have control of a taxi organisation. (2) Before revoking any approval under subsection (1) of this section, the Secretary shall, in accordance with section 25 of this Act,--- (a)Notify the organisation of the proposed revocation; and (b)Specify the grounds for the proposed revocation; and (c)Afford a reasonable opportunity for submissions to be made on the matter; and (d)Notify the organisation of the right of appeal under section 42 of this Act. Criteria for fit and proper person test---(1) For the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act, the Secretary may have regard to, and may give such relative weight as the Secretary thinks fit having regard to the degree and nature of the person's involvement in any transport service to, the following matters: (a)The person's criminal history (if any): (b)offending by the person in respect of transport-related offences (including any infringement offences): (c)history of mental health or serious behavioural problems: (d)complaints made in relation to any transport service provided or operated by the person or in which the person is involved, particularly complaints made by users of the service: (e)history of persistent failure to pay fines incurred by the person in respect of transport-related offences: (f)other matter that the Secretary considers it is appropriate in the public interest to take into account. (2) Without in any way limiting the matters that the Secretary may have regard to under subsection (1) of this section,--- (a)When assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of small passenger service vehicles, or to any vehicle recovery service, the Secretary shall have particular regard to--- (i)history of mental health or behavioural problems: (ii)offending in respect of offences of violence, sexual offences, drugs offences, arms offences, or offences involving organised criminal activities: (iii)offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges: (iv)persistent offending of any kind: (v)complaints in respect of the person or any transport service operated by the person that are of a persistent or serious nature: (b)When assessing whether or not a person is a fit and proper person in relation to any passenger service involving the use of large passenger service vehicles, the Secretary shall have particular regard to--- (i)history of mental health or behavioural problems that indicate a propensity for violence: (ii)offending in respect of offences of violence or sexual offences: (iii)offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges: (c)When assessing whether or not a person is a fit and proper person in relation to any goods service, the Secretary shall have particular regard to--- (i)criminal activity conducted in the course of any transport service or transport- related business or employment: (ii)offending in respect of major transport-related offences, particularly offences relating to safety or to road user charges: (d)When assessing whether or not a person is a fit and proper person in relation to any transport service, the Secretary shall have particular regard to any matter that the Secretary considers should be taken into account in the interests of public safety or to ensure that the public is protected from serious or organised criminal activity. (3) In determining whether or not a person is a fit and proper person for any of the purposes of this Act, the Secretary may have regard to--- (a)conviction for any offence whatsoever, whether or not--- (i)The conviction was in a Court; or (ii)The offence was committed before the commencement of this Act; or (iii)The person incurred demerit points under this Act in respect of the conviction; and (b)The fact that the person has been charged with any offence,--- but shall not be confined to consideration of such matters only, and may take into account such other matters and evidence as the Secretary considers relevant. (4)The Secretary may, for the purpose of determining whether or not a person is a fit and proper person for any of the purposes of this Act,--- (a) Seek and receive such information as the Secretary thinks fit; and (b) Consider information obtained from any source. (5)If the Secretary proposes to take into account any information that is or may be prejudicial to the person, the Secretary shall, subject to subsection (6) of this section and to section 25 (4) of this Act, disclose that information to the person and, in accordance with section 25 of this Act, give the person a reasonable opportunity to refute or comment on it. (6)Nothing in subsection (5) of this section shall require the Secretary to disclose any information the disclosure of which would be likely to endanger the safety of any person. (7)Where the Secretary determines not to disclose any information in reliance on subsection (6) of this section,--- (a) The Secretary shall inform the person--- (i)Of the fact of non-disclosure; and (ii)That the person may seek a review by an Ombudsman of that non-disclosure pursuant to the Official Information Act 1982; and (b) The provisions of that Act shall apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld in reliance on section 6 (d) of that Act. Rights of persons affected in relation to adverse decisions---(1) In this section, unless the context otherwise requires,--- ``Adverse decision´´ means any decision of the Secretary under this Act in respect of which there is a right of appeal pursuant to section 42 of this Act, and includes any decision to suspend a licence under section 18 (4) of this Act: ``Affected licence holder´´, in relation to any person directly affected by an adverse decision, means the holder of or the applicant for the transport service licence for the transport service in which that person has or is to have control or is or will be involved, whether as a driver or otherwise: ``Person directly affected´´, in relation to any adverse decision, means the person who would be entitled under section 42 of this Act to appeal against that adverse decision: ``Person on the basis of whose character the adverse decision arises´´, in relation to any adverse decision made or proposed to be made on the ground that any person is not a fit and proper person for the purposes of the relevant service, licence, or other matter to which the decision relates, means the person whom the Secretary assesses as not being a fit and proper person. (2)Where the Secretary proposes to make an adverse decision under this Act in respect of any person, other than a decision to suspend a transport service driver under section 16 of this Act, the Secretary shall, by notice in writing,--- (a) Notify the person directly affected of the proposed decision; and (b) Subject to subsection (4) of this section, inform that person of the grounds for the proposed decision; and (c) Specify a date by which submissions may be made to the Secretary in respect of the proposed decision (which date shall not be less than 21 days after the date on which the notice is given); and (d) Where appropriate, specify the date on which the proposed decision will, unless the Secretary otherwise determines, take effect, being a date not earlier than 28 days after the date the notice is given; and (e) Notify the person of the person's right of appeal under section 42 of this Act, in the event of the Secretary proceeding with the proposed decision; and (f) Specify such other matters as in any particular case may be required by any provision of this or any other Act. (3)Where the Secretary gives a notice under subsection (2) of this section, the Secretary-- (a) Shall also supply a copy of the notice to--- (i)person on the basis of whose character the adverse decision arises, where that person is not the person directly affected: (ii)affected licence holder, where the Secretary considers that the proposed adverse decision is likely to have a significant impact on the operations of that licence holder: (b) supply a copy of the notice to any other affected licence holder. (4)No notice or copy of a notice given under this section shall include or be accompanied by any information referred to in section 24 (5) of this Act except to the extent that--- (a) The notice or copy is supplied to the person to whom the information relates; or (b) That person consents to the supply of that information to any other person. (5)Where any notice or copy of a notice is given to any person under this section,--- (a) It shall be the responsibility of the person to ensure that all information that the person wishes to have considered by the Secretary in relation to the proposed adverse decision is received by the Secretary within the period specified in the notice pursuant to subsection (2) (c) of this section, or within such further period as the Secretary may allow in any case: (b)The Secretary may, but shall not be obliged to, consider any information supplied by the person after the expiry of the period referred to in paragraph (a) of this subsection, other than information requested by the Secretary and supplied by the person within such reasonable time as the Secretary may specify: (c)The Secretary shall consider any submissions made in accordance with paragraph (a) of this subsection, and any information supplied pursuant to a request referred to in paragraph (b) of this subsection, but shall not be obliged to hear any person on the matter. (6) After considering the matters referred to in subsection (5) (c) of this section, the Secretary shall--- (a)Finally determine whether or not to make the proposed adverse decision; and (b)As soon as practicable thereafter, notify in writing the person directly affected, and any other person of a kind referred to in subsection (3) (a) of this section, of--- (i)The Secretary's decision; and (ii)Where appropriate, the date on which the decision will take effect; and (iii)Where appropriate, the right of appeal under section 42 of this Act. Transfer of licence prohibited---(1) No transport service licence may be transferred, leased, or assigned to any person.