LICENSING OF TAXI SERVICE OPERATORS
111A. For the purpose of this Part, a person operates a taxi service if, in the course of business, he owns more than one taxi and leases all or any of such taxis to individual drivers for the purpose of providing a service whereby —
the taxis ply for hire or are available for hire from designated taxi stands; or
bookings for the use of such taxis are accepted and taxis are assigned to persons making such bookings.
—(1) No person shall operate a taxi service unless he has been licensed to do so by the Authority.
(2) Any person who operates a taxi service without a licence granted by the Authority shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part thereof during which the offence continues after conviction.
—(1) An application for a licence required under section 111B shall be made to the Authority in such form or manner as the Authority may require and shall be accompanied by —
such particulars, information and documents as may be specified by the Authority; and
if required by the Authority, a statutory declaration by the applicant verifying any information contained in or relating to the application.
(2) The grant of licences under this section shall be at the discretion of the Authority and the Authority may, on receiving an application under subsection (1), grant a licence to the applicant on such terms and subject to such conditions as it thinks fit.
(3) In determining whether to grant a licence under this section and what terms and conditions to impose thereon, the Authority shall consider —
the character and fitness of the applicant to be granted with a licence or, where the applicant is a body corporate, the character and fitness of the members of the board of directors or committee or board of trustees or other governing body of the body corporate;
the financial resources of the applicant;
whether the applicant is likely to provide a satisfactory taxi service to members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges and general efficiency;
the existence of other taxi services and the demand for taxi services;
the type of taxis proposed to be used by the applicant in providing the taxi service; and
any other matter which the Authority thinks relevant.
(4) Any person aggrieved by a refusal of the Authority to grant a licence may, within 14 days of the refusal, appeal to the Minister whose decision shall be final.
—(1) Without prejudice to the generality of section 111C(2), the Authority may, in granting a licence thereunder, impose conditions —
controlling or restricting, directly or indirectly, the creation, holding or disposal of shares in the licensee or its shareholders, or of interests in the undertaking of the licensee or any part thereof;
requiring the payment to the Authority of a fee on the grant of the licence or the payment to it of periodic fees during the currency of the licence or both, of such amount as may be determined by the Authority;
requiring the licensee to do, or not to do, such things as are specified or described in the licence;
relating to the extent, hours and general level of the services to be provided by the licensee to members of the public;
relating to the condition and use of the taxis employed by the licensee in operating the taxi service;
relating to the conduct of the employees, agents and contractors of the licensee (including the persons to whom the licensee leases taxis in connection with the operation of the taxi service);
specifying codes of practice and standards of performance in connection with —
the operation and provision of taxi services;
the conduct of licensees and their employees, agents and contractors in the provision of taxi services (including the persons to whom the licensees lease taxis in connection with the operation of the taxi service); and
the preservation and promotion of fair competition amongst persons who have been licensed under this Part to operate taxi services;
requiring the licensee to undergo and pass such audit as the Authority may determine for compliance with —
the relevant provisions of this Act;
the terms and conditions of the licence being held by the licensee;
the codes of practice and standards of performance issued by the Authority under paragraph (g); and
any direction given by the Authority under section 111G; and
requiring the licensee to obtain membership in or to make contributions to such body or organisation as may be specified by the Authority, being a body or an organisation that provides training programmes and other activities which the Authority thinks beneficial to the taxi industry.
(2) For the purpose of subsection (1)(h) —
the audit shall be conducted by —
such officers of the Authority who have been duly designated by the Authority for the purpose; or
a qualified independent audit team approved by the officers referred to in sub-paragraph (i) for the purpose;
the Authority may require the licensee —
to submit to the Authority or to the persons conducting the audit such information as the Authority may specify which pertains to the operation of the taxi service by the licensee; and
to allow the persons conducting the audit to carry out on-site collection or verification of any information which pertains to the operation of the taxi service by the licensee;
any sample size used by the persons conducting the audit shall be deemed to be reasonable; and
the costs of and incidental to the conduct of the audit shall be borne by the licensee.
—(1) If the applicant for a licence is a partnership, all the members of the partnership must be approved by the Authority.
(2) If the applicant for a licence is a company, all the directors of the company must be approved by the Authority.
(3) No person shall be appointed to be a new partner or director of a licensee unless such person is approved by the Authority.
(4) Every licensee shall inform the Authority of —
the withdrawal by, or the expulsion of, any partner from the partnership;
the resignation or removal of any director of the company; and
the death of any partner or director.
—(1) Subject to this section, the Authority may modify the conditions of a licence imposed under section 111D.
(2) Before modifying the conditions of a licence under subsection (1), the Authority shall give notice to the licensee —
stating that it proposes to make the modification in the manner as specified in the notice; and
specifying the time (not being less than 28 days from the date of service of the notice on such licensee) within which written representations with respect to the proposed modification may be made.
(3) Upon receipt of any written representation referred to in subsection (2), the Authority shall consider such representation and may —
reject the representation; or
amend the proposed modification in accordance with the representation or otherwise,
and, in either event, the Authority shall thereupon issue a direction in writing to the licensee requiring that effect be given within a reasonable time to the proposed modification specified in the notice or to such modification as subsequently amended by the Authority.
(4) Any licensee aggrieved by the decision of the Authority under subsection (3) may, within 28 days of the receipt by him of the direction, appeal to the Minister whose decision shall be final.
(5) The Authority shall not enforce its direction —
during the period referred to in subsection (4); and
whilst the appeal of the licensee is under consideration by the Minister.
—(1) The Authority may give directions to be observed by licensees for the purpose of —
ensuring that such licensees provide satisfactory taxi services to members of the public in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges or general efficiency; and
preserving and promoting fair competition amongst such licensees.
(2) A direction under subsection (1) —
shall require the licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified or described in the direction;
shall take effect at such time, being the earliest practicable time, as is determined by or under that direction; and
may be revoked or modified at any time by the Authority.
(3) Before giving a direction to any licensee under subsection (1), the Authority shall, unless the Authority in respect of any particular direction considers that it is not practicable or desirable, give notice —
stating that the Authority proposes to make the direction and setting out its effect; and
specifying the time within which representations or objections to the proposed direction may be made,
and shall consider any representation or objection which is duly made.
(4) Every licensee shall, at his own expense, comply with every direction of the Authority given to the licensee under this section.
(5) Any licensee who is aggrieved by any direction of the Authority under subsection (1) may, within 14 days after the licensee is served with the direction, appeal to the Minister whose decision shall be final.
—(1) If the Authority is satisfied that any licensee —
has contravened any relevant provision of this Act, any term or condition of his licence or any code of practice, standard of performance or direction issued by the Authority under this Part;
has failed to secure the compliance by any of his employees, agents or contractors (including the persons to whom the licensee has leased taxis in connection with the operation of the taxi service) with any provision, term, condition, code of practice, standard of performance or direction referred to in paragraph (a); or
has otherwise failed to provide a satisfactory taxi service in respect of safety, continuity, regularity of operation, frequency, punctuality, reasonableness of charges or general efficiency,
the Authority may, subject to the provisions of this section —
issue such written order to the licensee as it considers requisite for the purpose of securing the compliance by the licensee or any of his employees, agents or contractors (including the persons to whom the licensee has leased taxis in connection with the operation of the taxi service) with the provision, term, condition, code of practice or standard of performance or direction referred to in paragraph (a);
require the licensee to pay to the Authority, within a specified period, a financial penalty of such amount not exceeding $100,000 as the Authority thinks fit; or
suspend or cancel the licence being held by the licensee in whole or in part.
(2) The Authority shall, before requiring the payment of any financial penalty under subsection (1)(ii) or suspending or cancelling a licence under subsection (1)(iii), give to the licensee notice in writing of its intention to do so and shall in such notice call upon the licensee to show cause within such time as may be specified in the notice as to why he should not be required to pay a financial penalty or why his licence should not be suspended or cancelled, as the case may be.
(3) If the licensee —
fails to show cause within the period of time given to him to do so or such extended period of time as the Authority may allow; or
fails to show sufficient cause,
the Authority shall give notice in writing to the licensee of the date by which the financial penalty shall be paid or from which the suspension or cancellation of his licence is to take effect, as the case may be.
(4) Subject to subsection (5), any licensee who is aggrieved by any decision of the Authority under subsection (1) may appeal to the Minister whose decision shall be final.
(5) An appeal under subsection (4) shall be brought within the following time:
in the case of an appeal from a written order issued under subsection (1)(i), within 14 days from the date on which the written order is served on him; and
111I. Where any fee, contribution, financial penalty or other sum payable under this Part remains due and unpaid by a licensee, the Authority may require the licensee to pay interest thereon at the prescribed rate, and any such fee, contribution, financial penalty or other sum, and any interest thereon, may be recovered by the Authority in any court of competent jurisdiction as if they were simple contract debts.
111J. The Authority may, with the approval of the Minister, make rules for any purpose for which rules may be made under this Part and for prescribing anything which may be prescribed under this Part, and otherwise for the purpose of carrying this Part into effect.