77Transfer of luxury hire car licence to another person

77 Transfer of luxury hire car licence to another person

(1)  [Section 77 Subsection (1) amended by No. 61 of 2011, s. 43, Applied:01 Jul 2013] The holder of a luxury hire car licence who wishes to transfer it to another person must, in a form approved by the Commission and on payment of the prescribed fee, apply to the Commission for approval for that transfer before transferring the licence.

(2)  The Commission may approve the transfer of a luxury hire car licence if it is satisfied that the person to whom the licence is proposed to be transferred –

(a) [Section 77 Subsection (2) amended by No. 61 of 2011, s. 43, Applied:01 Jul 2013] holds relevant accreditation; and

(b) [Section 77 Subsection (2) amended by No. 61 of 2011, s. 43, Applied:01 Jul 2013] is, or will be, the registered operator of the vehicle to which the licence relates; and

(c) [Section 77 Subsection (2) amended by No. 61 of 2011, s. 43, Applied:01 Jul 2013] has no outstanding fees due to the Commission.

(3)  The Commission is to refuse the transfer of the luxury hire car licence –

(a) [Section 77 Subsection (3) amended by No. 28 of 2020, s. 49, Applied:01 Dec 2022] if the Commission reasonably believes that the person to whom the licence is proposed to be transferred would not be the sole operator of the luxury hire car service to which that licence relates; or

(b) if the Commission determines that the vehicle which is proposed to be operated under the authority of the licence does not meet the prescribed criteria.

(4)  [Section 77 Subsection (4) substituted by No. 28 of 2020, s. 49, Applied:01 Dec 2022] The Commission may refuse the transfer of a luxury hire car licence if –

(a) the licence is suspended under ; or