Australian Capital Territory Numbered Acts

ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999) - SECT 129

(1)     If, after considering the required criteria and any other matters the road transport authority considers relevant, the authority has reasonable grounds for believing it is necessary to—

        (a)     vary or revoke a condition of a restricted hire vehicle operator's licence; or

        (b)     impose a new condition on a restricted hire vehicle operator's licence;

the authority must give the licence holder written notice under this subsection.

(2)     The written notice must—

        (a)     state the required criteria and any other matters considered by the road transport authority; and

        (b)     state the grounds for the authority's belief; and

        (c)     state the proposed variation, revocation or new condition; and

        (d)     invite the licence holder to make representations, within a stated period, why the licence should not be varied as proposed.

(3)     If the road transport authority is satisfied that the licence should be varied as proposed, after considering—

        (a)     any representation made by the licence holder under paragraph (2) (d); and

        (b)     the required criteria; and

        (c)     any other matters the authority considers relevant;

the authority must, by written notice, require the licence holder to give the licence to the authority within 14 days after the notice is given to the licence holder.

(4)     The licence holder must not, without reasonable excuse, contravene a requirement made under subsection (3).

Maximum penalty:     5 penalty units.

(5)     On receiving the licence, the road transport authority must—

        (a)     vary the licence as proposed; and

        (b)     return it to the licence holder.

(6)     A variation may be effective for a stated period or for the unexpired period of the licence.

(7)     For this section, the required criteria are the following:

        (a)     whether there has been, or is likely to be, a change in the use of the restricted hire vehicle;

        (b)     the likelihood of danger to the public;

        (c)     inconvenience to the public;

        (d)     the extent of any adverse competitive effect on private hire cars, taxis and restricted taxis.