Debated in Parliament on 9 Nov 2016.
Ms Sylvia Lim asked the Minister for Transport (a) under what conditions does LTA revoke a Taxi Driver's Vocational Licence (TDVL); and (b) what due process takes place to enable taxi drivers to have a fair hearing before revocation of TDVLs.
Mdm Speaker, to qualify for a Taxi Driver's Vocational Licence (TDVL), applicants must meet driving, conduct and medical requirements. The licence can be revoked if the driver is disqualified from driving by the Singapore Traffic Police or by a Court of law, if he is convicted for committing serious crimes, if he has been given more than 20 demerit points for misconduct, or if he is assessed to be physically unfit to be a taxi driver.
Upon notification, the taxi driver has 14 days to appeal, during which, mitigating circumstances or any new information would be considered.
Ms Sylvia Lim.
Madam, supplementary question for the Senior Minister of State. I am not sure in her answer whether she actually touched on what due process the taxi driver has to make representations before his TDVL is revoked by the Land Transport Authority (LTA). Is there any direct communication between the driver and LTA, which is the authority that actually has the power to revoke the licence?
Secondly, I have come across at least one case where the reason given by LTA for the revocation of licence is that he has an outstanding case. Now, from what I know of the facts, the taxi driver disputes the complaint from the passenger. So, the question, of course, will be what protection does the taxi driver have if frivolous or unjust complaints are made against him? And how does LTA assess the credibility of such a matter and give the taxi driver due hearing before the revocation decision?
Madam, I would like to seek a clarification from the Member. When she talked about direct communication between LTA and the taxi drivers whose licences could be revoked, what sort of direct communication does she have in mind?
Ms Sylvia Lim.
Madam, I am basing it also on a previous answer by the Government, but this is, of course, an outdated answer. In 1982, when the decision to revoke taxi drivers' licences was vested in the Registrar of Vehicles (ROV) at the time, the then Minister Ong Teng Cheong, said at that time that the Registrar's decision would be based on evidence adduced from both the complainant and the driver.
So, I wanted to understand more about the process. As in the driver's version of events, is that directly communicated or submitted directly to LTA at the first instance, or how does that come about? What does LTA consider from the driver?
Madam, I shall attempt to address the Member's supplementary questions. LTA does not revoke a taxi driver's vocational licence without basis. An important consideration, which LTA must bear in mind in taking its decision, is the risk of the case to potential passenger safety. So, that is an important consideration.
Ms Sylvia Lim, in her supplementary question alluded to an outstanding case by a particular appellant. I would say that if LTA has revoked the licence holder's licence, even after the licence holder has put in an appeal, the holder may then put in an appeal to the Minister for Transport. And I believe in this case, Ms Lim has done so on behalf of the taxi driver licence holder, whose licence was revoked.
LTA is still establishing the facts of this case, and we can review the appropriate course of action, including whether to reinstate his licence when we have greater clarity on the details of the case.
Ms Sylvia Lim.
Madam, a supplementary question. I am not sure whether I heard the Senior Minister of State correctly, but she mentioned that because now there is an appeal route to the Minister, LTA is reviewing the facts of the case.
My question was: at the first instance when they decide to revoke that licence, what protection do taxi drivers have against frivolous complaints being made against them? It is a general question not related to that particular case, but a question of policy.
So, Madam, with your permission, I would just like to share a little bit more about how taxi drivers' licences could be revoked. I mentioned in my reply that there were several conditions that needed to be met. They are not frivolous; in fact, they are also very transparent.
In the case of a licence being revoked, if demerit points had been accumulated, in many of the cases, the taxi driver could well have experienced periods of suspension. So, before the licence is revoked, quite a number of these taxi drivers would already know that their demerit points are accumulating, so it would not come as a surprise to a lot of them.
And what are the reasons where they might accumulate demerit points? This is also made known to every taxi driver. It is a transparent list of items – what sorts of conduct will lead to what sorts of demerit points, so there are facts which have led to the accumulation of the demerit points. So, it would not be a case of total surprise. That is one example.
Ms Sylvia Lim.
Sorry, Madam. Yes, just to clarify again, my question really is premised upon seeking to understand what avenues the taxi driver has to put out his case before LTA makes that decision. Of course, you mentioned this demerit points system and all that —
Madam, I thought I made that quite clear in my earlier replies. The taxi driver —
How does LTA assess whether the complaint —
Please speak one person at a time and address the Chair. Ms Lim, have you got further clarifications?
Yes, Madam, I am quite disturbed because I am not refuting the Government's response, but it is just that in the case which I came across, it was not put to the taxi driver that he has accumulated points. It was just put to him that he has an outstanding case against him.
May I seek clarification from the Member? Is she asking about revocation in general, or she would like to talk about the case that she has encountered?
Ms Sylvia Lim.
The question actually is about policy. The case which I encountered actually is an illustration of doubts about what the policy is. Is it possible for taxi drivers to have their licences revoked just based on one outstanding case?
I do not need to talk about that case. But, in general, just one outstanding case and a case which has not been settled in the Court of law. Is it possible?
Madam, I go back to my earlier answer, which is that there is a set of conditions that may lead to a taxi driver's licence being revoked. An important consideration that the LTA has is the safety of the passengers and the potential risks.
I think we have established from the earlier clarification made by the Member that she is not asking about specific instances. So, if she would like to discuss a specific instance, I suggest we take it offline. But as a general policy, we will have to look at the facts of the case, and the conditions under which a taxi driver's vocational licence may be revoked is made quite clear, including accumulation of demerit points, offences being committed and physical unfitness. So, I think those were already in the earlier reply on the general policy.
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