New South Wales Consolidated Acts

PASSENGER TRANSPORT ACT 1990 - SECT 40

40 Authorities

(1) TfNSW may, by the issue of authorities under this Division, authorise persons to drive private hire vehicles, subject to and in accordance with this Division. A person authorised under this Division is referred to in this Part as an “authorised private hire vehicle driver”.

(2) A person who drives a private hire vehicle is guilty of an offence unless the person is an authorised private hire vehicle driver.

Maximum penalty: 100 penalty units.

(3) The purpose of an authority under this Division is to attest:

(a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a private hire vehicle, and

(b) that the authorised person is considered to have sufficient responsibility and aptitude to drive a private hire vehicle:

(i) in accordance with the conditions under which the private hire vehicle service concerned is operated, and

(ii) in accordance with law and custom.

(4) The regulations may create categories or grades of authorities.

(5) Without limitation, the regulations may provide that subsection (2) does not apply in specified circumstances, including, for example, when a private hire vehicle is being driven to a place to have it repaired or serviced.