34Inactive owner-operator taxi licence

34 Inactive owner-operator taxi licence

(1)  If the Commission is of the opinion that –

(a) an owner-operator taxi licence is inactive; and

(b) the result of the licence being inactive is a restriction on competition in the taxi area to which the licence relates –

the Commission may, by notice in writing given to the holder of the licence, require the holder of the licence to provide to the Commission no later than the date specified in the notice such evidence as the Commission may require that a taxi service is being operated under the authority of that licence.

(2)  If –

(a) the holder of the owner-operator taxi licence referred to in subsection (1) does not provide the evidence referred to in that subsection; or

(b) the evidence provided does not satisfy the Commission that a taxi service is being operated under the authority of the licence –

the Commission, by notice in writing given to the holder of the licence, is to declare that licence inactive.

(3)  If the Commission declares an owner-operator taxi licence inactive, the Commission, by notice in writing given to the holder of the licence, is to require the holder of the licence to either –

(a) [Section 34 Subsection (3) amended by No. 61 of 2011, s. 20, Applied:01 Jul 2013] transfer the licence to a person who holds relevant accreditation; or

(b) surrender the licence to the Commission.

(4)  On receipt of a notice under subsection (3) , the holder of the owner-operator taxi licence, not later than the date specified in the notice must –

(a) [Section 34 Subsection (4) amended by No. 61 of 2011, s. 20, Applied:01 Jul 2013] transfer the licence to a person who holds relevant accreditation; or

(b) surrender the licence to the Commission.

(5)  If the holder of an owner-operator taxi licence does not comply with a requirement of the Commission under , the Commission may cancel the licence in accordance with .