Our Services / Drink Driving
Bus Driver Authority Refusal or Cancellation
You can dispute Transport for NSW’s decision to cancel or refuse your Bus Driver Authority application.
Since your authority is your livelihood, it’s important to take the right steps to save it.
Our team is uniquely placed to help you. Transport law is a niche area with few lawyers focusing on it as their main area of expertise. But we do!
With over a decade working in the field, and with an ex-RMS prosecutor on the team, we not only know the law back to front but we understand your industry too.
Why has Transport for NSW refused my Bus Driver Authority application?
Transport for NSW must be satisfied that the holder of a Bus Driver Authority meets the requirements set out in the Passenger Transport Act 1990.
If the person does not meet these requirements then their application will be refused. If they already have a Bus Driver Authority, then that can also be cancelled.
The most common reasons we see are:
- The driver has too many infringements on their traffic record. This includes relatively minor infringements like low level speeding fines.
- The driver has lied or made misleading statements on their application.
- The driver has criminal convictions.
- The driver has had complaints made against them in their role as a bus driver.
- Medical fitness.
· Transport for NSW is not satisfied that the driver is of good repute and in all other respects a fit and proper person to be the driver of the vehicle concerned.
What are my options if my Bus Driver Authority renewal application is unsuccessful or my authority is cancelled?
- Seek an internal review by Transport for NSW
- Appeal to NSW Civil and Administrative Review Tribunal (NCAT)
- Accept the decision and reapply at a later date once you can show rehabilitation
The right approach depends on the reasons for the cancelation or refusal.
We can help you to choose the right option. Call one of our lawyers today for a personalised case assessment.
Can I keep driving a bus pending the final decision?
No, you will not usually be able to drive a bus while your case is under review.
It’s important that you act promptly so that you can get your Authority back as soon as possible. Call us today to discuss how you can get your Bus Driver Authority back.
It is important that you do not drive a public passenger vehicle until your Authority is reinstated. It is an offence under section 11 of the Passenger Transport Act 1990 to do so without an Authority.
How do I request an internal review of Transport for NSW’s decision to cancel or refuse my Bus Driver Authority application?
An internal review is where another person within Transport for NSW reviews the decision. They will decide whether the original decision maker made the right choice.
The form to request an internal review is included with the letter from Transport for NSW notifying you of the original decision. You should include your reasons why the decision was incorrect and documents to support your case.
Preparing your request well can make a big difference to the outcome of your case. Call our team today for help with your internal review application.
It is important that you return the form promptly as time limits apply.
How do I appeal the cancellation or refusal of my Bus Driver Authority application to the NSW Civil and Administrative Review Tribunal (NCAT)?
You can lodge your application on the NCAT website.
Your case will be heard by a tribunal member. The member is the tribunal decision maker, similar to a magistrate. They will consider the reasons why Transport for NSW refused your application and also hear any evidence or submissions you would like to make.
The tribunal member must apply the law when making their decision. It’s important that you understand the relevant legal principles so you can make sure to address them when preparing your case.
You can choose to be represented by a lawyer at the Tribunal. Your lawyer will prepare your case and present it for you. They will make sure you have the best chance of winning your case by presenting the strongest arguments.
Call us today to speak with one of our lawyers about appealing to NCAT.
Does cancelling my Bus Driver Authority mean I can’t drive a Taxi or Uber?
The cancellation of your Bus Driver Authority often means you are no longer eligible to drive a taxi or private hire car (including Uber). Whether this happens will depend on why your Bus Driver Authority was cancelled or refused.
Often you will not be able to drive a Taxi or Uber again until your Bus Driver Authority is reinstated.
If maintaining your eligibility to drive taxis and private hire cars is important, we recommend speaking with a lawyer as soon as you find out there may be an issue with your Bus Driver Authority. If acted upon quickly it is often possible to save the Bus Driver Authority, and in turn your ability to drive Uber and taxis.
Can my Bus Driver Authority be cancelled or application rejected because of speeding fines?
Yes, Transport for NSW will refuse or cancel a Bus Driver Authority if a driver has incurred too many traffic infringements. This includes minor speeding fines or red light tickets.