Australian
Taxi Drivers Association
TAXIS
11 B Lachlan St.
Waterloo 2015
Mobile 0419 27 27 44
Inc 9886630
PO Box 7181 Alexandria
2015
The only taxi driver’s association that works…
MEDIA RELEASE ::: TAXI FARE INCREASE 2009
The
ATDA reluctantly welcomes the determination from IPART (The Independent
Pricing and Regulatory Tribunal) to
increase taxi fares by up to 4.5% from July 1st
It’s
welcome because the costs of providing taxi services has gone up, like
most costs around Australia, and over items which taxi drivers have no
control - Plate leases and Insurances,
and operators costs.
We
are reluctant because, in these tough times, all taxi drivers are very
much aware that our passengers cannot afford a price hike, and that fares
will drop off. We did not ask for a substantial increase for that reason,
and we pleaded with IPART to keep any increase to a minimum.
In
the immediate future this increase will be of no benefit to drivers. And
worse, as always happens, most of the increase will go to the Operators as
they increase pay-ins.
IPART,
after eight years of involvement in the Taxi Industry still doesn’t
recognize the reality that cabbies earn less than an average $13 an hour.
It counts, as “driver income”, items we do not get – Annual Leave,
Sick Pay, Superannuation. It will not count the real and proven cost of
fuel, fare evasions and all the other incidental costs paid out by taxi
drivers.
And
the worst part is that it assumes we only work a nine hour shift. At three
in the morning, after twelve hours of driving, with all the problems and
aggravation involved, that is a very sick joke.
But,
because we are professionals, because we basically like our work and our
passengers, we confirm that NSW Taxi Drivers are out there to provide the
best possible public transport service.
All
we want is … “
a fair share of a fair fare “
Michael
Jools
ATDA
Monday, June 22, 2009
A New and Magnificent Office For Us
At Last
29th April 2009
Congratulations are
due to our President Michael Jools, at long last after several years
of struggle and working in very deplorable and over priced office
space Michael has at last with the assistance of membership growth
been able to secure a magnificent permanent home for the Australian
Taxi Drivers Association. Our Office is now located at 11b Lachlan
Street Waterloo comprising of Two large offices and a conference
meeting room capable of seating 50 people. Modern Kitchen
facilities are also available. Taxi Drivers are invited to drop in for
a cuppa and a chat between the hours of 10 a.m. and 3.00 p.m. to
discus their problems and also view working demonstrations of the
revolutionary TAXIS booking and
payment system. The map showing the office location is on our HOME
page.
The Fat Cats that
are described in the article below are now powerless to suppress our
struggle in a Fair Share of a Fair Fare and can no longer coerce or
force their buddies to evict the Australian Taxi Drivers
Association. We are here to stay and our location unlike other
would be if they could be all be it well meaning TDA's; is not a
secret location. We are there for you as stated Monday to Friday 10:00
a.m. to 3.00 p.m.
Fat Cats react to Taxis Launch.
No sooner had the we
announced the launch of TAXIS,
than the Fat Cats of the industry went into overdrive and did what
they do best; INTIMIDATE PEOPLE. The management of The Taxi
Base, Burrows Road, Alexandria was called into the offices of TCS and
were told in no too uncertain terms to immediately terminate the
office space they afforded us or face certain embargos from them which
would hurt where it hurts most in their pocket.
This behavior in due
course of time will be handled by our legal department but for the
time being we are far too busy to play what we consider to be literal
trivial pursuit orchestrated by the likes of Cabcharge a.k.a.
scabcharge and their cronies.
A tremendous
response in registrations has been received to our TAXIS
scheme and yes two men and their dogs will have their day.
 Latest update 7th
April 09. click the Taxis Logo
TAXIS TAXIS AUTOMATED EXPRESS INTERNET SERVICES
P.O. Box 7181
Alexandria N.S.W. 2015
BN
98406898 ABN 61 536 729 945 Phone: 0419 27 27 44
www.taxis.net.au
MEDIA
RELEASE 31.03.09
Two cabbies
and a few dogs have done the impossible, and taken on the monopolistic
masters of the taxi universe with a new and complete taxi offer and
payment system which is designed to improve services for passengers and
and drivers.
It will also
save passengers and their corporate employers up to half the current
10% surcharge, and will generally cost 8.49% to credit card users
rather than the current 11%. It will also save on administration,
records, and possible fraud.
We start
registering tomorrow, April 1, 2009 and this is no April Fools Day Joke.
The system we
have developed is simple and straightforward. It uses what we all
have--a 3G mobile or Blackberry / PDA. It is safe, secure and
quick.
There is a
joker in the pack--
It will
be easy to organize a "pre-booked" cab from the Airport--and now
Macquarie Airports will be obliged to actually provide better ancillary
services for which they are charging an extra 50 cents.
For flyers
that are being distributed as of April 1, 2009 please click on the logo
below.
Call Michael
Jools on 0419 27 27 44 for any further information or interviews.
Michael Jools
www.taxis.net.au.
or if you
have a text only browser the link
To Read
More about this click here
For
Registration of interest go to:
[ www.taxis.net.au]
Maquarie Bank's Price Gouging Causes Taxi
Strike
Maquarie Bank
has unilaterally announced an increase on Airport Taxi Fees from $2.50
to $3.00 to be collected by unwilling taxi drivers from unsuspecting
passangers. Taxi Drivers have responded by a partial withdrawral
of services during peak hours for arriving passangers. Why has
this happened you may ask in these current economic circumstances where
every cent we make counts.
Sydney Airport
Corporations Limited (SACL) claim they have improved services for taxi
drivers and now they want 'user pay' that indeed is a bald face lie if
not the worst joke of the year. E-Tags do not work.
Toilets are so filthy that it is a health hazard to use them. No
promised Meeting Rooms, Traffic Staff have an anti-driver mindset.
It has been reported by one Rural N.S.W. Taxi Driver how he was
abused for not knowing the proper proceedure for picking up a pre
booked client to take back to his own local. Inadequate area for
booked Taxis...No control over touting Hire Cars....Broken promises of
Shade Areas.....In general Long Term lack of planning.
It seems
interesting indeed that yesterday, 20th of March, 2009 even the Hire
Car fat cats had enough of the nonsense of SACL and so did the shuttle
bus drivers as was aired in today's ABC Channel 2 News and for those
that did not see it click the link here.
A total mismatch between maximum passenger demand and maximum
taxi pick-up capacity--it can take as long to catch a cab as a flight
itself---even when there are surplus cabs in the holding bay, which by
the way is a nightmare initself. Yet SACL does not want to
consult with Taxi Drivers as to how to improve planning so what are we
to do.
No we do not
wish to inconvienience the travelling public contrary to what Rod
Gilmore, a SACL spokes person stated on the ABC interview all we want
is simple basic clean ameneties, to be treaded with respect and dignity
by the Traffic Stafff and the problems of E-Tag problems recrtified
immediatley or an alternate method of payment available. We
simply want the same consideration that any other worker would get in
their industry. The only way to get it seems to stop pussy
footing around with useless meetings with SACL representatives and
resort to unfortunate STRONG INDUSTRIAL ACTION a sad state of
affairs which not one single taxi driver really wants.
We ask the
general public not to be angry with us but vent their anger at the
money grubbing Sydney Airport Corporations Limited and their bean
counters Macquarie Bank.
Update on Demerit Points Updated 22nd June 2009.
Some
time ago we posted an issue on Demerit Points and made representations to
the Minister for Roads the minister responsible for the Road and Traffic
Authority that administers the national agreement for the allocation of
demerit points against motorists.
We have
finally received a reply which came from Michael Bushby, Acting Chief
Executive.
The
reply reads and we quote:
Thank
you for your email to the Minister for Roads about an offence where the
Court did not record a conviction under a section 10 dismissal.
The Minister has asked me to respond on his behalf.
I apologise for the delay.
When
hearing a matter, a Court determines whether a person is guilty or not
guilty of an offence. Where a
person is found not guilty, no court penalty or demerit points are applied
and it is the end of the matter.
Where a
court finds a person guilty of an offence, it may determine the level of
penalty that is to apply. However,
the Court has no jurisdiction to vary or direct that no demerit points
apply.
This is
because the Road Transport (Driver Licensing) Act 1998 provides
that the Roads and Traffic Authority (RTA) must allocate the prescribed
number of demerit points to the relevant offence if a court finds a person
guilty. This is based on agreed national driver licensing policy that
the application of demerit points is an administrative system
that is separate from a Court process.
Section
10 of the Crimes (Sentencing Procedure) Act 1999 provides the Court
with an alternative option in sentencing following a determination of
guilt. Under the section, the
Court can decline to convict a person and, therefore, not apply the
penalties that are available to it under the law such as a fine or a
period of licence disqualification.
Since
the application of Section 10 relies on a finding of guilt, the provisions
of the Road Transport (Driver Licensing) Act 1998 prevails and
demerit points must be applied. It
is important to note that the allocation of demerit points is not a
decision of the RTA. The RTA
has no discretionary power available to it under the law to vary, or not
to apply, the allocated number of demerit points for an offence..
For more
information, please contact the RTA’s Manager, Driver Sanctions Mr. Ed
Ramsay on (02) 8588 4352
Comment
on the Reply:- The Law of the Land for whatever offence and the
application of penalties or sanctions of the same has always been the
jurisdiction of the Courts of the land be they State Laws or Federal or
Commonwealth Laws.
If
what Mr. Bushby says is correct the judicial power of the Court has been
eroded not by any piece of legislation passed by the lawmakers of
Australia, i.e., Parliament. This
has been done by an “agreed national driver licensing policy”.
Since
when an agreed to “national driver licensing policy”is a law.
Our argument in this matter is if this policy was indeed “law”
then the Court would have the jurisdiction to interpret the same and apply
the provision of Section 10 of the Crimes (Sentencing Procedure) Act 1999
in the dismissal of all penalties including the penalisation of the
offender by way of demerit points.
Somewhere
in the Parliamentary decision making process in regards to the laws of the
land a loophole was created whereby a policy became a penalty, which the
Court has no power over in the determination or application of all or no
penalties.
Our
respectful submission is that the Court should be the only judicial body
in Australia, be it a State or Federal Court that is the sole
administrator of punitive actions against any offence.
We
humbly submit that a demerit point application is a punitive action and
although a magistrate decides penalize the offender under the provision of
Section 10 of the Crimes (Sentencing Procedure) Act 1999; the offender
still suffers a penalty by way of the demerit point application.
This in itself is a punitive action that still is incurred by the
offender if the offender chooses to save the Court time in pleading guilty
with an explanation.
The
alternative is that the offender when charged with a traffic offence
refuses to plead guilty with an explanation and tie up the Court’s time
and that of the police prosecutor with a hearing that can be extended over
quite a period of time depending on the Court lists and the availability
of the magistrate to hear the matter in drawn out detail.
Our
humble reccomendation would be to restore the judiciary power of the Court
to the full application of all penalties including the allocation or
dismissal of the demerit point penalty that way the matter can be heard in
a quick and expedient matter both to the Court and the defendant appearing
before the same.
Media Release
Driving for a living?
Beware of the sneaky R.T.A.
The
Road and Traffic Authority is the licensing body from which you get
your drivers licence, and it is a very sneaky body indeed.
If
you get a ticket from the police or any other officer that has the
power to issue an infringement notice, and the offence carries demerit
points you have two options : pay the fine and cop the points the
offence carries or:
choose
to have the matter dealt with by the local court.
If
you have a reasonable driving record and a good character and legal
representation you might have the matter dismissed under what is called
the Crimes (Sentencing Procedure) Act 1999 section
10.
If the matter is dismissed, no case to answer, no
fine to pay, no demerit points lost.
But there are very few magistrates that will agree to a
dismissal and opt for the second alternative available by which
under the same act and section they proceed to finding the offence
proven and state that they will record no conviction at this time.
In most cases they will also place the defendant on a
good behavior bond stipulating that should he or she re offend during
this bond period for another traffic matter then not only will the
previous conviction be recorded but the full penalty of the offence
will be applied as well as the new one.
You might think you accept the second alternative and
leave the court happy and even pay a token amount of court costs
and think that you have escaped.
Not so; here the sneakiness of the R.T.A. comes into
play.
The offence was proven…..You got away with not
paying the monetary fine; however; the R.T.A. still award the demerit
points against you : their justification being that….the
offence was proven…..
Now, if this was a double demerit day when you incurred
the matter, and you have zero points on your record there goes half
your tally. If on the other hand you do a lot of driving or drive
for a living be it a taxi driver, bus, truck or whatever other
profession the chances being of not having a zero point balance is very
slim. All of a sudden you may get either a notice from the R.T.A
that you are close to your limit or a letter advising you that you are
suspended.
You can get your suspension lifted by the R.T.A. and be
put on a two point bond for a specified period, but if you are
constantly driving and especially in the case of long distance truck
haulage or taxi driving involving very long shifts can suffer laps of
concentration and get pinged for even a low speeding offence and there
goes your job. Not many can drive under this sort of stress.
Even with the current news that the R.T.A has consented
to lower its points allocation for low range speeding offences, which
one might add is going to take them six months to change their computer
systems over to handle this; the person on a two point bond still faces
a serious risk of loosing his or her livelihood.
Now here comes the bureaucratic stupidity. There
exists what is known as the Administrative Decisions Tribunal, whose
name directly implies that they are an appeal body against any
government administrative body’s decision made against you.
However, it would seem that the R.T.A. as the government’s
administrator of the demerit points is outside the jurisdiction of this
tribunal. ??
Two cases were appealed before the Supreme Court of
N.S.W. and Justice Barr ruled that there was no appeal against the
demerit point system. This in itself is a very strange situation,
as for every offence on the statutes of Australian Law, be it State or
Federal there are and always were avenues for appeal.
In the case of the Demerit Points
legislation there seems to be none. (With the possible exception
of Provisional license holders and holders of learners permits, which
in itself is ridiculous on the grounds that with their lack of driving
experience they could pose a far greater risk to the community if their
appeal was granted than that of an experienced driver.)
Michael Jools President.
REPRESENTATION TO
MICHAEL DALEY M.P. (Minister for Roads)
The Demerit Points Issue
To The Right Hon. Michael Daley, M.P.
Minister for Roads
Dear Minister
It has come to our
attention thate national driving demerit point scheme is managed by
your portfolio. We have some difficulty in obtaining an answer from the
legal profession as to the possibility of appealing a demerit point
decision of the administrative body being the Roads and Traffic
Authority.
The dilemma arose when a
magistrate ruled that under section 10 Crimes (Sentencing Procedure)
Act 1999; that he found the related traffic offence proven but would
record no conviction and placed the offender on a twelve month good
behaviour bond stipulating if the offender re offended during the said
period of the bond then the previous matter and the new offence would
carry the full penalty of the law.
Every one walked away from
the court content, the police had their offence proven, the offender
happy that he had to pay no penalty at this time.
Wrong, although the offender did not have to
pay a monetary penalty for the offence but still was penalised demerit points
by the R.T.A. for the offence and was not aware of the same. Demerit
points as we understand it Minister, stays on the drivers record for a
period of three years from the date of the court determination in this
instance. This person in question was of good behaviour for much longer
than the stipulated period of the bond and per chance logged on to the
R.T.A. website and out of curiosity checked his points record and
discovered that instead of having zero demerit points he had
unexplained demerit points showing. He made inquiries at his local
R.T.A. and discovered that these points were the result of the s10
ruling of the court.
He then approached the clerk
of the local court who advised him that although the magistrate made a
ruling of 'offence proven but no conviction
recorded', the magistrate had no power to rule
that no demerit points should be applied for this offence. Therefore
gentlemen , this offender was still penalised if not by the court but
by the R.T.A.
Is there a judicial body be
it the District Court, or the Supreme Court that can overrule the
administrative decision of the R.T.A. as it would seem that the
Administrative Decisions Tribunal are hesitant in looking at this
matter and are not certain if it falls within their jurisdiction they
did however say to file an application and they would consider the
merit of the same and then decide if it did or not fall within their
jurisdiction?
We are sure that
you sir would agree that rather waste the time of both the A.D.T.
and this person, a clear ruling from you would suffice as to what the
correct procedure would be appropriate. As stated the legal profession,
of whom several were consulted could not agree either and suggested
that representation to your goodselves would be in order.
We thank the
Honourable Ministers for his consideration of this matter and
await your replies with interest
James
R. West
Country
NSW Organiser Australian Taxi Drivers Assoc. Saturday March
7 2009.
|
The President of our
Association has advised today Thursday March 14th 2009, that he has
attracted the interest of a barrister who will be seriously looking
into this matter.
|
The NRMA seems also
interested and it would seem that there might be an avenue of appeal
based on the merit of the driver concerned.
|
The Registrar of the
Administrative Appeals Tribunal states that although the A.D.T. is
somewhat unsure as to if this matter is under their juristriction,
their department will look into each case on its merit.
|
The Seat
Belt Meeting
At a meeting called by Keith Simmons of the RTA, and
attended by the MoT , Workcover and Taxi Driver Associations on
Thursday 28th February, the issues raised in the Madden Taxi Safety
Taskforce relating to the wearing of seat belts by taxi drivers were
addressed. It was agreed that the MoT raise the matter with their
Minister and set in progress an effective review of the issue as
recommended.
Generally, there was consensus that Taxi Drivers should wear seatbelts,
just as does every other motorist, but that the implicit and particular
risks involved in taxi driving needed to be the subject of a risk
management analysis to determine those situations and circumstances
where a taxi driver should be free to choose whether or not to wear a
seatbelt.
As always there was a call for data and statistics to form a framework,
and a similar consensus that not much was available. From that which is
available it is clear that seatbelts save lives, and that taxi drivers
are subject to an unacceptable level of violence, assault and fare
evasion.
Although the meeting was called by the RTA, it was made clear that the
impetus to get whatever might follow, to actually commence, would have
to come from somewhere else. The ATDA therefore suggests that the Taxi
Advisory Committee, and its long defunct sub-committee, the Safety
Committee be revitalized and charged with this activity. Funding is
more than amply available through Taxi Operators Fees designated
specifically for such purposes.
At issue is the problem also that whilst the sundry Departmental
officers are salaried, the efforts of taxi drivers are wholly out of
their own meager resources.
The role and interest of the Taxi Council Limited and the several Taxi
Networks is also an issue. There were no representatives of those
groups present to be involved or contribute, notwithstanding the legal
and OH&S responsibilities of taxi operators, and possibly of the
Networks, for the safety of drivers.
The more detailed notes of this meeting are in the capable hands of
Mr.Simmons from the RTA, but we would be at pains to point out the
contribution of WorkCover in their approach to seatbelts as a part of a
wider safety issue. We also note that the ATDA links seatbelt issues to
a simultaneous review of the functionality of seatbelt and airbag
indicator systems, as well as to the camera systems. All these relate
to the safety of taxi drivers.
We can only take one step at a time, to be sure, but we need to have
clear and transparent process in place for all participants, and one
which continues to communicate progress to taxi drivers along the lines
of your letter to all drivers of 19th February.
The Ministry has, no doubt, a process and time line in place : it would
be encouraging if they were to share that vision with committed
stakeholders. The ATDA has been and remains ready to participate on a
pro-active basis.
Michael Jools, President ATDA Friday, February 27, 2009
|
