New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 39

39 Licence

(1) TfNSW 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.