New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 32

32 Licence

(1) TfNSW 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.