Ereira v Roads and Traffic Authority (No 2) [2010] NSWADT 220

Ereira v Roads and Traffic Authority (No 2) [2010] NSWADT 220

The Applicant's assault conviction arising from the Glenhaven incident, which the Tribunal characterised as a road rage incident involving uncontrolled conduct while driving a Fleet Towing truck after his last job, was alone sufficient to warrant refusal. The Ermington incident further showed aggressive, offensive and argumentative behaviour towards police at a motor vehicle accident scene. The Applicant's inability to control his temper was inconsistent with the standard required of a certified tow truck driver, and there was no evidence he had accepted or addressed that issue. The Tribunal therefore found he was not a fit and proper person to hold a tow truck drivers certificate and...

Jurisdiction
Australia
Judgment Date
08 September 2010
Procedural Posture
Application for Review of a Decision Refusing an Application for a Tow Truck Driver's Certificate and Disqualifying the Applicant From Holding a Tow Truck Drivers Certificate for 10 Years / Substantive Determination After Earlier Preliminary Proceedings
Outcome
The decision under review was affirmed.
Legal Topics
['tow Truck Driver Certificate' 'fit and Proper Person' 'public Interest' 'disqualification' 'disciplinary Action' 'prescribed Offences' 'assault Conviction' 'conduct at Accident Scene']
['administrative Law' 'transport Regulation' 'occupational Licensing'] ['tow Truck Driver Certificate' 'fit and Proper Person' 'public Interest' 'disqualification' 'disciplinary Action' 'prescribed Offences' 'assault Conviction' 'conduct at Accident Scene']

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Procedural Posture

Application for Review of a Decision Refusing an Application for a Tow Truck Driver's Certificate and Disqualifying the Applicant From Holding a Tow Truck Drivers Certificate for 10 Years / Substantive Determination After Earlier Preliminary Proceedings

Legal Issues

  1. 1 ['Whether the Applicant was a fit and proper person to hold a tow truck drivers certificate.' 'Whether it was in the public interest for the Applicant to hold a tow truck drivers certificate.' 'Whether the Glenhaven assault conviction and the Ermington accident-scene conduct warranted refusal of the certificate and a 10-year disqualification.' "Whether the Respondent's decision was the correct and preferable decision."]

Ratio Decidendi

The Applicant's assault conviction arising from the Glenhaven incident, which the Tribunal characterised as a road rage incident involving uncontrolled conduct while driving a Fleet Towing truck after his last job, was alone sufficient to warrant refusal. The Ermington incident further showed aggressive, offensive and argumentative behaviour towards police at a motor vehicle accident scene. The Applicant's inability to control his temper was inconsistent with the standard required of a certified tow truck driver, and there was no evidence he had accepted or addressed that issue. The Tribunal therefore found he was not a fit and proper person to hold a tow truck drivers certificate and...

Court Disposition

The decision under review was affirmed.

Orders

  • ['The decision under review is affirmed.']