Partnership Health and Service

Townsville Agreements Cancelled

2010-04-19T19:57:00.000+10:00

Hi all,

I received an email from Townsville Taxis manager, Scott Rebgetz. It was sent on Friday but unfortunately I have not been able to attend to this until today.

The agreements I wrote about and warned not to sign have now been cancelled. Too soon to know the full story but I will probably have more soon.

Lee

Townsville Taxi Agreements May Not Be Relevant

2010-04-15T14:11:00.000+10:00

Moves by Townsville Taxis to implement a new agreement has drivers rightfully concerned about their rights. My view personally is to not sign it but in the long run it will not matter.

I have sought the advice of the Ombudsman's office and will broadcast any relevant response.

I have recently been assured that the matter in relation our petition on the taxi companies abuse of power over drivers will be remedied as soon as is practical. It is considered by the Director General that it is immoral. Don Brown's recommendations in his report will reflect that view.

In addition, Member for Nicklin, Peter Wellington, asked the Rachel Nolan about the proposed standard bailment agreement in parliament this week.

The following is in Hansard:

Taxi Industry

Mr WELLINGTON: My question is to the Minister for Transport. Recently I met with

representatives from the Cab Drivers Association of Queensland where they expressed a sense of

frustration with the progress that the Department of Transport's health and safety committee is making

in producing a fair and equitable bailment agreement for use between Queensland taxi drivers and

operators. Can the minister advise: what is the progress of the review of the bailment agreement and

will it be presented to the Taxi Industry Advisory Committee for consideration before it is finalised?

Ms NOLAN: I thank the member for Nicklin for what I think is a very good question. Recently a

number of reforms have been made in relation to the taxi industry. Last year, within the Department of

Transport and Main Roads, I established a new taxi compliance unit which, in the five months to

February, conducted 94 specifically targeted operations checks on 4,000 taxis. In November last year

new rules came into effect that meant one year's experience driving on Australian roads was required

before someone could become a taxidriver. There was some concern that people who were not

experienced in our road conditions were arriving from overseas and becoming taxidrivers very quickly.

That change came into effect in November. A further change is that people have to be at least 20 years

old before they can become a taxidriver. In addition, I established the Taxi Industry Advisory Council,

which brought together the key industry players and, for the first time, gave the drivers, including the

Cab Drivers Association of Queensland with whom the member met, an active voice around the table of

government in developing the net strategic plan for the taxi industry going forward.

Right now, one of the Industrial Relations Commissioners, Don Brown, is conducting an

investigation into the employment relationship between taxi companies or owners and taxidrivers. The

issues around bailment agreements between taxi owners or companies and taxidrivers are being

considered as part of that work. There is an intersection here between the Industrial Relations

Commission, which essentially has responsibility for the employment relationship, and the Department

of Transport.

The member is correct in saying that my department has done some work around a model

bailment agreement. The taxidrivers have not yet been consulted on that. I am keen to hear what Don

Brown comes up with. I think it would be silly to put forward a bailment agreement now when the

Industrial Relations Commission may only be a few months away from making quite substantial

changes to that bailor/bailee relationship. We will hear what Don Brown has to say very soon, but I am

open to the idea of a model bailment agreement that will establish clear model rules for that bailee/bailor

relationship. I think that we will resolve this over the next number of months in response to the Industrial

Relations Commission report

(end)

I have issues with her interpretation of prior events and in particular her reforms but the real thrust of this is that she and Queensland Transport are on hold awaiting Don Brown. This means we have work to do but we are in a good position to bring real reform through a compulsory standard bailment contract.

A standard compulsory agreement we propose will also need to set terms of insurance and provide a means for the bailee to have holiday pay, superannuation, workcover, and sickness and accident cover.

What this all means is that we are close to position where a standard bailment contract will cover all matters in relation to bailing the taxi between the operator and the driver the network dispatch company's role will be ineffectual. With the power to refuse access (pull the PIN) and a tribunal set up to handle disputes, the company will have no role to play. Any contract will be useless.

The best advice I can give to Townsville drivers and operators is to tell the company that you are awaiting the production of a standard bailment contract and do not wish to sign anything until it has been determined. Perhaps you could question why you need to sign an agreement at this stage when the company already has the power to act or do they?

If you wish to play it safe, ask to have a copy so that you can seek advice before you sign.

I should have more on this soon,

Lee

Results from March 28 Special General Meeting

2010-04-02T18:10:00.001+10:00

New Management Committee Members Elected

Last Sunday, March 28, a CDAQ Special General Meeting was held for the purpose of passing five amendments to the rules and to determine candidates for four vacant Management Committee positions.

Advice sent via email and letters to all members, explained the amendments in detail, called for Management Committee nominations to fill vacancies, and provided the opportunity for proxy voting for or against the amendments.

Four nominations of members were received for the four vacant positions. They were Stan Zemanek, Risto Reponen, Chris Burnell and Epi Domoni. As only four nominations were received, there is no need for an election.

I am pleased to announce that this is the first time we have had Management Committee vacancies filled by members who work outside the Brisbane area. Chris Burnell is a well-known and very active Gold Coast member and Epi Domoni is highly respected among Townsville taxi drivers for his contribution on behalf of local members.

Management Committee meetings will now facilitate the need for long distance participation for members out of the Brisbane area.

Departing MC Members

It should be recognised that the circumstances involved in earning a living as a cabbie make it difficult at times for those on the Management Committee to guarantee long-term commitment, particularly the way things have been recently. We must appreciate that people who volunteer to serve on the committee and find circumstances change may not be able to complete the full term.

I would like to express my thanks to the members who were unable to continue and thank them all for all the good work performed in the most difficult of times.

Equally we should be thankful that others are keen to step in and fill the positions. In addition, many others contribute to the level they can. They may not be able to commit to the committee but perform valuable volunteer tasks that have contributed to great results.

I look forward to the near future when I can safely better express my appreciation by naming these people but that is not best practice at present. Take heart we are close to a result over the power of the taxi companies.

If you feel that you wish to contribute, I would love to hear from you. It may not be more than one particular skill or task but it is likely to be something we can use.

Send me an email if you wish to discuss it. secretary@cdaq.org.au

New President and Treasurer

The current Management Committee has the total maximum number of nine positions filled and, according to the rules, vacant executive positions will be determined by the Management Committee when it meets at its earliest convenience. This should be when we get Easter out of the way. With the recent resignations of Graham Hibbs and Ron Lloyd, the positions of President and Treasurer will need to be filled.

Nominations are now being determined among the Management Committee members and we will announce those positions as soon as decided.

For members not familiar with the constitution, the executive positions are determined by the Management Committee and can at any time be reassigned, so in effect any position is up for election should an executive wish to step down from that position or the Management Committee determines a change is necessary.

Of course, this does not prevent you from expressing your support for a person whom you believe should fill an executive position. We are keen to know the members' views and take them into consideration.

Feel free to send your endorsement.

The Management Committee now currently comprises:

Rob Daniels (Vice President / Acting President)

Julie Creenaune (Assistant Secretary / Acting Treasurer)

Matthew O'Meara

Fred Lind

Stan Zemanek

Risto Reponen

Chris Burnell

Epi Domoni

Lee Sims (Secretary / General Manager)

Five Amendments to the Rules of the Association

The Special General Meeting was also called to attend to five amendments to the rules. All who attended voted in favour of all amendments.

Several proxies were received which all endorsed the amendments with the exception of one which only voted yes on two.

Minutes of the meeting will be made available to any interested member upon request. Just email me. In the very near future we will be able to make all minutes of meetings available for viewing on line.

We are in the process of initiating special "members only" sections on the web site.

The amendments were therefore passed and will now become part of the rules.

Briefly the amendments were;

Amendment No 1 Minimum of 5 on Management Committee (Still with a maximum of nine)

Amendment No 2 President, Secretary and Treasurer the only required positions (Others at discretion of MC)

Amendment No 3 New class of Life Member

Amendment No 4 Methods of electing Management Committee members (Postal and on-line)

Amendment No 5 Position of General Manager (Now formally part of association structure. (At present still volunteer.)

You will be able to view these in the Rules on the web site in "Memberships" as soon as the update is processed.

Thank you to all who participated in person and via mail. It has to be realised that the working life of a cabbie is one which inhibits the ability to attend meetings. As well, we now have a solid membership presence in areas from Coolangatta to Cairns. Therefore, we plan to introduce methods for viewing and participation of all meetings on line as soon as the budget permits.

Lee

Now BAC Has Banned OzCabbie

2010-03-15T12:20:00.001+10:00

Called to the Brisbane Domestic airport to deliver the latest OzCabbie magazines to the main distribution point, the Kerbside Cafe, but was told that Brisbane Airport Corporation has told the cafe that OzCabbie magazine was not to be made available by them.

OzCabbie, as many readers will know, has always been a big supporter of the Cab Drivers' Association of Queensland and gave a big plug to the petitions last issue, particularly the E-Petitions and how to locate and sign them.

I now suspect that the last issue was seized by Taxi Council Rank Supervisors and dumped. We are talking boxes, as in hundreds of magazines. I wondered why some drivers said they did not see the magazine at the cafe. I thought that they ran out.

I was hoping that our E-Petitions would gain momentum when the magazine was circulated. This goes a long way to explaining why the numbers on the web site hardly moved.

Congratulations Taxi Council of Queensland. Your desperate measure to stop the Petition had an effect. Unfortunately it only makes the numbers we gathered more convincing.

Stopping people from collecting signatures does not negate the reasons for the petitions and the numbers must now be regarded as only a sample of the true endorsement by industry stakeholders.

Good luck holding back the tide.

Petition Update - E-Petitions Read in Parliament

2010-03-14T16:04:00.000+10:00

The E-Petitions were read in parliament by the Clerk of the House on Tuesday (9th March) and referred to the minister on Wednesday. This is normal procedure after the close of the petitions but the process has begun.

The Numbers

The E-Petitions only had 150 signatures for Petition 1 and 120 signatures for Petition 2 but the written petitions with 1072 and 1009 respectively were given to Peter Wellington when I met with him at parliament house on Wednesday and he was very positive about fighting both issues.

He has assured me that he is on side with this and will present our cases, using the written petitions himself and asking direct questions of the minister, Rachel Nolan.

I received some late arrivals after that which I will have to forward on, so at present the combined totals of signatures received are;

Petition 1 - Taxi Companies' Abuse of Power over Drivers:

150 + 1190 = 1340

Petition 2 - Remove Recognition of Taxi Council of Queensland as Peak Industry Body:

120 + 1159 = 1279

There are probably many forms that have been lost or have not made their way back to me as yet but we will call this the end tally.

The Arguments for the Petitions

I am at present compiling the argument for each proposition along with supportive evidence.

The main arguments have already been stated on the web site under "January Petitions" at

http://www.cdaq.org.au/2010reform/janpetition.htm

and "Fairness and Justice for Taxi Drivers" at

http://www.cdaq.org.au/2010reform/fairjusttaxi.htm

If you have not read these pages, I ask that you do to fully understand the issues and CDAQ's policy on them. As always you are invited to ask questions and state your opinion. I would be keen to receive them.

Supportive Evidence

I have had a number of cases recently which support our case for Petition 1 "Abuse of Power" and I will be forwarding the full details of each case to Peter Wellington to back our proposition.

Azim

Azim in Brisbane was charged the cost of repair to a taxi for damage caused by a passenger and the result of faulty equipment. This should have been a no fault accident covered by his insurance for which his operator charged $8.80 per shift. The amount of $300 was claimed to be his debt and when he refused to pay, the operator called Black and White and had his PIN pulled. When I spoke with Black and White's General Manager, I questioned why it was the company's business and not a civil matter. I was told that all the operator has to do is call Black and White and say that a debt is owed and request that the driver's PIN be pulled to force him to pay and that is all Black and White need to know.

BAC Concrete Barriers

Also in Brisbane, both taxi companies have fined drivers for driving over the cement barriers in the "snake" feeder at domestic airport. Although I agree that drivers should not do this as it damages the concrete and costs BAC, there are better remedies that could be negotiated to solve the problem than the companies flexing their muscles, issuing fines and threatening to pull drivers' PIN's.

The taxi dispatch companies are now vigilantes for hire. Need a problem fixed? Just tell them as they have control over their drivers. Who gave the companies this power to exert control and act as hired guns? Well no one really. They just took it by default because they operate the system that provides the ability.

Nathan Macauley

In his latest letter, Townsville Taxis manager still refuses to reinstate this driver who has been totally cleared by Queensland Transport twice and false claims regarding this case is only providing more evidence for legal action by Nathan. I hope he sees fit to follow this through. The manager has defamed Nathan and made false claims that will likely result in a costly settlement but it did not need to be. According to people I have consulted ,drivers, company personnel, local operators and Queensland Transport staff at high level, Nathan should be have been driving months ago.

Del Delaney

This is probably the most blatant abuse. Who would not object to being told to do a "dead run" from Gladstone to Tannum Sands for a job likely to be worth around $5, particularly when you are not the rostered car for that day? Del refused such a job and was threatened with action under Section 62.

Del again refused and was told that the director had said she must do it. Her reply, "You can stuff your job and that goes for (director) as well.", resulted in the company issuing fines under company by-laws totalling $450. The fines were for misusing the company equipment, $225, and making offensive remarks about the director, $225. She refused to pay and the PIN was removed.

David McTaggart

David is a very experienced and highly respected driver in Toowoomba. An abusive driver was repeatedly and loudly proclaiming obscenities at David, clearly audible to surrounding public.

This caused David to say a number of times, "Don't say that to me.", but the driver continued in clear range of the public. In frustration, David grabbed the driver by the shirt but then let go.

This was backed by other drivers who witnessed it. Technically assault but investigating police determined that there was no charge to answer.

Not the company. The manager immediately cancelled his PIN but took no action against the original offender, a foreign student driver who ignited the situation with his very public demonstration of abuse.

Of course there are hundreds, even thousands of examples of this nature. The abuse is likely to be found in every service area. It does not matter whether people are guilty of an offence or not. This rough justice backed by kangaroo court appeal processes would not be tolerated in any other industry.

The bailee situation which makes us non-employees is being used to avert fair and just treatment.

Too Much Power is Dangerous to All

It is not only about the wrong-doers. There are better ways of dealing with these matters, if the drivers do the wrong thing. Methods that promote respect, not cause respectable people to leave the industry. There is also the obvious danger of innocent people suffering in this.

The real underlying danger, as we all know, exists where this power can be used to intimidate and prevent criticism of the taxi company or its directors and certainly silence whistleblowers who may otherwise reveal something which threatens public service and/or safety.

The exercise of the petitions demonstrated this. So many people questioned whether they would be exposed to the company if they signed the petitions. People who are supposed to be independent, responsible business people, conducting their own affairs as bailees, feel threatened by the people whom they indirectly pay for a sub-standard service. Many did sign but needed assurance that the signatures would be kept confidential. Some simply would not take the chance.

This is Australia, land of the Anzacs not Nazis. It's the 21^st Century. Even Communist Soviet Union no longer exists.

There is something very wrong with this and we must make people outside the industry realise it.

More Evidence

The ability of the companies to exert this power should be enough to convince any fair person that it should not exist, let alone the blatant examples here which have come to my attention in past few months but let's not leave it to chance. You may know of better examples which will aid the cause.

If you have any examples of abuse of company power whereby someone had the PIN pulled for no justifiable reason or for an exaggerated offence as a means to exert power or control, please send it to me. It will be kept confidential but I want to supply evidence as much as possible of the gravity of the abuse and how it silences good people from speaking out about the wrongs in the industry and stifles debate about proper solutions to our problems.

The same goes for the second proposition about the Taxi Council not representing the majority of stakeholders in the industry.

If you wish you can send your statements directly to Peter Wellington but please keep it on the current propositions. His email address is nicklin@parliament.qld.gov.au

If you send anything to him directly, please cc it to me as well so I can keep tabs on the information and follow it up. Otherwise send it to me and I will ensure it is passed on.

We will deal with other matters in time. For now, it is best to stick to the matters on the table and not overload the situation, so please, only matters relating to the petitions.

Although, if you feel like expressing your appreciation to Peter Wellington for taking up the fight, a "thank you" email would be a great idea.

The Strategy

The key moves here are to try to get the government to take away from taxi companies the power to deny drivers the means of earning a living at their whim and establish a process for independently settling disputes (Petition 1) and to open the industry to widespread consultation by establishing a body that considers your situation and provides you with the access to be heard on policy decisions (Petition 2).

Significant Numbers

I was disappointed that we did not get the target of 5,000 signatures but I have been assured that the numbers are significant and considering a number of factors, most importantly the intimidation itself, we have proven that there is a case in each.

Remember, there are not many large operators who would be brave enough to chance the company knowing they support our cause. The sub-leasing arrangements place many of them at the whim of the taxi company in a life or death situation business-wise. So forget about collecting signatures at the large bases.

The fact that the Taxi Council used its relationship with BAC, to have our posters about the petitions removed and the collection of signatures on Brisbane Airport land banned, may have costs us thousands of signatures. One collector obtained over 200 signatures, gathered while waiting in the feeder for a fare, over three days before being told to stop.

The supervisors were so vigilant that I was prevented from handing out reminders for the Don Brown Inquiry Brisbane and Ipswich Sessions.

The Taxi Council really went into panic mode over Petition 2 which caused me to advise all collectors to be discreet. Do you think it does not have an effect?

The number of drivers who pass through the airport feeders means that the vast majority of drivers could be reached in that one location with plenty of time to consider the propositions and sign.

There were some energetic collectors in other areas, but Brisbane with more than 7,000 drivers alone is the key. So it was word of mouth, email and city ranks. With no paid staff the task was mammoth.

I spent six hours with one other person on the Creek Street, rank and we gathered over one hundred signatures as drivers passed through,

We also must realise now that things can be made to change but being right is not the only thing. It is political and we need to be right in numbers, so let's keep the pressure up.

Are They Getting Nervous?

Curiously, the Taxi Industry Advisory Committee meeting, scheduled for Wednesday, the first since November, 2009, was cancelled on Tuesday. The day the petitions were read in parliament.

It is not certain that there is a connection but one can't help but question the timing considering that the TIAC is overloaded with four Taxi Council of Queensland officials plus a couple of friends.

Pity, as I was looking forward to raising the matter of the petitions and the Don Brown inquiry.

I received notice by email on Tuesday claiming that Queensland Transport's Acting General Manager, Ryan Huelin was called away to Horn Island and as a result the committee meeting could not go ahead. Must have been a big emergency.

Hon Craig Wallace MP Meeting

Finally to bring things up to date.

The previously promoted meeting with the member for Minister for Main Roads and member for Thuringowa, Hon Craig Wallace MP, went ahead on Friday, February 16, in his Townsville electoral office. There was only room for 12 drivers to fit in the room so others waited outside. All in all, the report was around twenty which is a good roll up.

Mr Wallace must have thought he was under siege with a room full of cabbies and the meeting resonated in Brisbane.

I was at a meeting with Queensland Transport hierarchy on Monday (8^th), and was told that Craig Wallace had spoken about the meeting with Rachel Nolan and passed on the concerns that the drivers expressed.

Of course, I knew all about it but it was interesting that I was able to discuss it with QT top brass who was familiar with the details of the meeting a little over one week later. Great work, guys. You must have impressed with your points. It is the statewide appearance of support we need to demonstrate.

The main thrust of the meeting was to show that the petitions were backed by drivers all over because the problems in the industry are common throughout the state. Both petitions were high on the agenda but other important matters were broached.

Craig Wallace reportedly expressed concern when the drivers cited examples of Townsville Taxis abuse of power by pulling the PIN on drivers.

Drivers also took the opportunity to raise concerns about the response of the Police and dispatch company operators over fare evasions and assaults. Mr Wallace asked that he be supplied with hard evidence and the effect negative responses had on drivers.

Those present have said they were convinced that their member was genuinely interested and concerned and that the meeting would do much to further promote our cause. Judging from experience at the meeting Queensland Transport on Monday, he is certainly true to his word.

As I understand it, Craig Wallace has had a detailed discussion with Rachel Nolan about the meeting.

Craig Wallace deserves our appreciation for this. It shows that often lack of communication on our part means that our representatives in government have no reason to believe that anything is wrong.

Maybe we should all consider how our local member of parliament can be availed to promote our issues.

Our thanks to Craig Wallace for his time and concern. We look forward to his continued practical support.

Congratulations to the organiser of the meeting as well. Great effort.

All helps tremendously to prove that our problems are real and widespread and the support for reform is genuine and strong.

Well that's all for now but I should have an update soon with Peter Wellington's presentation of the written petitions and signatures in parliament and questions to the minister.

Stay tuned.

Lee

Confront Your Local MP

2010-02-20T19:18:00.001+10:00

As published a few days ago on this page, the Townsville members have arranged a meeting this week with their local member Hon Craig Wallace MP, also Minister for Mains Roads.

As he shares the one department Rachel Nolan in Queensland Transport and Main Roads, it can be assumed that he will inform her of the meeting.

The Townsville members will confront Mr Wallace in his office as their local MP to insist that he support the petitions when they hit parliament. It will put him on notice that the drivers have issues and want action.

The Townsville member organising the meeting had a great idea. I would love to give proper credit but, at this stage, it is best policy to not publish names. Pity because the driver deserves high praise.

The suggestion made was that this tactic may have an effect on other MP's. It will certainly stir things up if cabbies around the state suddenly start appearing in their local MPs' offices all pushing the same issue.

I would like you to consider whether you can get a number of cabbies to form a group, make an appointment and see your MP to present the arguments in the petitions and demand support.

Never presume that they actually know about the issues. If aware, it should add weight to our push for the reforms. It will likely become the talk around George Street.

I helped prepare the written material for Craig Wallace's meeting and I would be happy to supply you with the same if you want to present it. It is basically the same content on the web site under January Petitions and Fair and Just Treatment.

Let me know what you think?

Peter Wellington

It is also appropriate here, in fact long overdue, to thank Peter Wellington MP, Member for NIcklin, for his invaluable assistance with his sponsorship of the petitions. It took a few weeks after I was stalled by Julie Attwood MP and Fiona Simpson MP, who for reasons unstated were reluctant to immediately agree to supporting our petitions. Neither actually refused but after waiting between two and three weeks, I approached Peter who immediately recognised the significance of our case and did not hesitate to support us. I saw him on a Friday at 2pm and received confirmation that the E-Petitions would be on the web site by early on the Monday morning. They were operating by 5pm that day.

What more could you ask for?

The delay in attaining the support has probably cost us the impact with the E-Petitions but there is still a week for people to sign on-line. However, even though we were banned at key places from attaining signatures we will have a strong number on the printed forms by the end of the week.

Again, need I say it? Tell everyone to sign the E-Petitions. It is open to all Queensland residents.

Lee

Passengers and Seatbelts

2010-02-18T22:22:00.003+10:00

The article following this deals with Queensland Taxi Magazine's statement that a taxi driver has to make his/her passengers wear a seatbelt. This is incorrect.

Taxi drivers are still exempt unless the passenger is under 16 years of age and not accompanied by an adult.

Because of the importance of correcting this misconception, I have put this statement ahead of the full article.

Lee

Integrity of Queensland Taxi Magazine

2010-02-18T22:08:00.001+10:00

It has been a while since we have had an issue of that highly praised authoritative journal, Queensland Taxi Magazine.

Forgive me for not knowing when it is due but I find that I have other concerns.

However, it has been brought to my attention from time to time by drivers informing of the rot it proffers in each edition. In the past year, I have witnessed an increase in readership as the magazine is passed around the ranks and commented upon by drivers. The comments are sometimes angrily expressed but usually they carry a tone of mirth as in, "Who is he trying to kid?"

This is often the type reference made to the writings of CEO Blur Davies or the President Maxie McBride.

I have chosen to ignore the false claims and misrepresentations of the magazine. My background in media has taught to never rubbish the opposition. It only gives them more recognition than they deserve.

Besides, I did not believe that anyone in the industry would believe the nonsense sprouted by these two when the obvious contradiction of the truth was in front of everyone to see eg. No increase in accidents no complaints from passengers everything is just a media beat-up and the CDAQ is just a bunch of disgruntled cabbies trying to cause trouble.

Well you know the truth, so why waste time on it, even though it would be fun to tear the claims apart, there is too much else to do, so why bother?

But when it comes to misinformation that causes havoc among the people they are "claiming" represent, it is my duty to correct it.

On page 16 of Issue 5 is the two page article, "New and amended Queensland road rules". Under "Seatbelts" is the statement, "the driver of the vehicle is now also responsible for ensuring that all passengers regardless of age are wearing a properly fastened and adjusted seatbelt."

This belief has caused problems such as a recent assault on a foreign student driver who insisted that his intoxicated passenger wear his seatbelt before the driver would depart with him and a police officer in Mackay threatening to book all taxi drivers who allowed their passengers to travel without a seatbelt. Just two of the instances that came to my attention.

Here is the rule.

Transport Operations (Road Use Management Road Rules) Regulation 2009

Part 16 Rules for persons travelling in or on vehicles

#265 (3) The driver of a motor vehicle (except a bus or taxi) that is moving, or that is stationary but not parked, must ensure . etc

When the subject was first aired on the ABC with Kelly Higgins-Devine interviewing Rachel Nolan, I did not hear it but I was contacted by another member and immediately contacted the ABC. I stated on air the law was unfair and unworkable if it applied to taxi drivers, particularly maxi drivers with many passengers out of sight in the back and the potential for inciting retaliation from drunken passengers. I said I had not heard what the minister had said and the host replayed part of the interview. From that I assessed that minister did not sound sure as to whether it applied to taxi drivers as she hesitated while answering. I later found out that the law was not hers but a federal initiative.

The next day, I contacted the minister's chief policy adviser, Daniel Cheverton with whom I had developed a good rapport, to seek further clarification. Soon after, I received a call from two Queensland Transport key personnel who assured me that taxi drivers were exempt.

That afternoon I went again on Kelly Higgins-Devine's programme and also Michael Smith's 4BC Drive programme and clarified the facts.

Seeing that Blair Davies heard my late night interview on ABC, (Caleb Maybir's case) it was a pity that he missed either of these prime time programmes.

Months after, particularly during the Don Brown inquiry sessions, I was continually called upon to clarify the myth that taxi drivers are not exempt from this regulation.

It shows how easily things can get out of control.

What would have happened if I had not clarified the position with Queensland Transport?

Obviously nothing if the Taxi Council of Queensland had been left to do it.

But then again, do they really have the responsibility of looking after the drivers? It is not in their constitution so why should they? It is just that some might think that claiming to be the Peak Industry Body might carry that responsibility.

This is a small issue compared to many facing the drivers at present but it is significant and demonstrates the need for us to have our own representative body. I should not have to explain this and it should not be left up to a few to look after all the drivers' interests.

Drivers, it is your industry, your future and your responsibility to yourself to get involved.

Eighteen months ago, we took over from the QTDA and evolved into the CDAQ. They said it would not achieve anything and it would not last.

With all that has transpired since, do we still need to answer that?

Do I need to refute the ridiculous and puerile claims about the CDAQ by Maxie McBride?

Surely you know what has been done, what needs to be done and what can be achieved.

If you have not done so, join the association. Cabbies are mostly a bunch of gamblers, so put in $45 and take a punt. The bookies have it as a long shot but the inside mail is that it is a good thing that's going to pay off.

In this case, there may be no magic finish line. The job is getting done and we will likely get there sooner or later. Your backing just makes it much sooner and more profitable.

Meeting with Hon Craig Wallace February 26

2010-02-18T19:53:00.002+10:00

Townsville drivers,

Please make a note of this and make sure you are there.

A meeting is being held in the electoral office of the Member for Thuringowa, Hon Craig Wallace MP (Minister for Mains Roads), next Friday afternoon, February 26.

The meeting has been arranged by a CDAQ member to present the case for the two current petitions.

This is a chance for all Townsville taxi drivers to give a big show of support for the cases proposed in the two petitions. It is not limited to CDAQ members only.

A big show here will put a lot of weight behind our moves and demonstrate that there is real concern in the ranks about the industry.

If you require more info about the meeting, email me or call me on 07 3357 4424.

Craig Wallace will have received all the information about the petitions and the case we are making about the lack of fair and just treatment.

Most of what he was sent is on the web site under http://www.cdaq.org.au/2010reform/janpetition.htm and http://www.cdaq.org.au/2010reform/fairjusttaxi.htm should you wish to familiarise yourself with it before the meeting.

Basically, this is about putting extra push behind the cases we are presenting in the two petitions. The more determined cabbies who turn up to insist that something needs to be done, the more it will resonate in parliament when the time comes.

So be there and tell others to come. Here are the details.

Gather at 2pm for

2.15pm meeting

Friday 26th February,
in the office of Hon. Craig Wallace MP
Member for Thuringowa
Unit 8B, 48 Thuringowa Drive,
KIRWAN

Lee

No vote is a vote against the Petitions

2010-02-17T08:28:00.000+10:00

I cannot understand how anyone who has been in this industry for a year or more would not identify why the petitions are necessary for us to bring reform to the industry.

Particularly Taxi Companies' Abuse of Power over Drivers.

Given the recent cases of drivers all over the state, Nathan Macauley (Townsville), Del Delaney (Gladstone), David McTaggart (Toowoomba), do we need to prove the need to remove this power? There are others that I will not mention because of current negotiations.

We should not have to look at recent cases. We all know how this power has been abused and we know how it is stifling open discussion about reform in the industry. If we need any more proof of how downtrodden and fearful it has made so many drivers, we only have to consider the astonishing reaction of those who agree with the propositions but will not sign because they are afraid the company might find out.

If this is you, you should realise that if you do not vote for the petitions you are, in effect, voting for everything to stay the same.

After putting the propositions out there, the amount of support we get either proves what we say or that we are inventing or blowing out of proportion the situation. To have any effect we must get the biggest possible demonstration of malcontent in the industry.

There is no reason for anyone to believe that there will be retribution. Drivers have no excuse to sit on the fence. They either want it to change or stay the same.

Time for the fencesitters to get down and vote. The links to the E-Petitions are beside this column and on the CDAQ home page.

Lee

CDAQ Information Banned at Brisbane Airport

2010-02-07T02:01:00.000+10:00

It has been circulated in other emails of mine about the Taxi Council of Queensland complaining to the Brisbane Airport Corporation (BAC) about CDAQ members promoting and gathering signatures for our two petitions in the Brisbane Domestic Airport taxi feeder.

Last Thursday night, 4th February, I called to the Domestic taxi feeder at Brisbane Airport to distribute a reminder about the Brisbane and Ipswich sessions of the Workplace Rights Inquiry by Don Brown.

Many drivers were keen to take the handout and quite a few did not know about it or had forgotten.

I was then confronted by a Taxi Council of Queensland supervisor, well known to me, who told me that I was not allowed to distribute material in the feeder without the permission of the BAC. He distinctly told me, in front of witnesses, that it was me personally and anyone from CDAQ that was not allowed to hand out any material.

I explained that I was only handing out material about the upcoming meetings of Don Brown’s inquiry.

At no time up to that point had I discussed CDAQ activity or represented myself as anything more than a person who was passing information about the inquiry sessions except to say that if they want to talk about anything about the taxi industry good or bad, turn up and they will be given a chance to speak freely.

The supervisor insisted I leave. I said that I have received no instruction from BAC that the normal practice of handing out material at the airport was now denied. He brought out a copy of an email which he read to me aloud but refused to allow me to read it.

I said that, until I have viewed a written notice from BAC, I do not believe that BAC would directly ban CDAQ from providing information to drivers and, even so, I was not representing the CDAQ, only passing on information about the Workplace Rights inquiry.

Then he called Taxi Council of Queensland's Lenny Martin who came with a security guard to the feeder and I was instructed to leave.

I left after making a loud proclamation to all. Could not help myself because you never let a chance go by.

I called the BAC person in charge the next day and was told that she was aware of the petitions we were gathering signatures for at the feeder and she thought that it was not proper because BAC had a good relationship with the taxi companies and the Taxi Council of Queensland.

She stated that I would be required to get her approval to distribute any material or gather signatures at the feeder. I did explain that the petitions have no relation to BAC but she was not agreeable.

This is not finished but not collecting signatures at the Brisbane airport seriously hampers our ability to get a significant number. The ranks around the city are often too difficult to get to most times. So here’s hoping you can all spread the word and get people to sign on-line.

Details are on at http://www.cdaq.org.au/

This does not mean that the issue is finished at Brisbane Airport. Far from it. Will keep you informed there. However, it does show how desperate the Taxi Council of Queensland and others are to silence criticism.

Why are they so worried? Well I am sure that most drivers know why and that question was asked by many when they were considering legal action to the tune of $50,000 to start with in an effort to shut down Don Brown’s inquiry.

Any comments?

Lee

Entry December 24, 2009 - Townsville Visit - Nathan Macauley

2010-02-07T00:14:00.000+10:00

Original Entry – Thursday, 24th December, 2009 (Transfer from former Notepad)

Townsville visit – Nathan Macauley

Just arrived back from 4 days in Townsville.

I met and spoke with a number of members but mainly went there to chase up on the case of member, Nathan Macauley, who had his PIN pulled seven months ago over a mishap with a private booking.

Despite being cleared twice by Queensland Transport, the manager of Townsville Taxis, Scott Rebgetz refused to reinstate him.

Could not get a lot of interest from the local media but Courier Mail thought it was worth a run. The newspaper’s North Queensland correspondent took the story, sent a photographer and the article appeared on page 17 this morning.

I know questions have been asked from the minister’s office down to Queensland Transport’s local office. It is ridiculous that we have to go these lengths to get some fairness.

I was approached by Nathan when in Townsville following the Don Brown Inquiry. He told me that he had been asked to write a letter of apology to the manager who would present it to the next committee meeting. They wanted a fair bit of grovelling which was over the top and not what I was prepared to write.

However, I helped with what I considered to be a more reasonable version. Nathan was happy and when I telephoned Mr Rebgetz to discuss it, he confirmed that it was sufficient to his request and all that would be needed to satisfy him.

The committee met and it was apparently not discussed. After a number of attempts to resolve the matter, Rebgetz stopped returning my calls.

It has gone on for far too long. A decent Australian driver has been denied the ability to earn a living and feed his family because of one error of judgement that is made by hundreds of drivers everyday.

I know of far worse offences committed by other drivers who were not suspended. To continually deny his ability to work for seven months for such a minor matter is a travesty. It demonstrates a ruthless abuse of power and suggests to me that Nathan is being used as a means to intimidate other drivers.

It is further reason why this power should be taken away from taxi companies and controlled directly by the regulator, Queensland Transport.

This is the main focus of our petition currently being composed and coming your way in the next few weeks.

On a brighter note, it was not all business. Finished the stay at the Seaview Hotel. A great spot and, even better, great company. Shared pizza and a few dinks with several Townsville members. Names withheld but thanks everyone. Thoroughly enjoyable few hours and I look forward to seeing you again in a few weeks when I return with the petition.

Entry 30/12/09 - 2010, Year of Reform for Queensland Taxi Industry.

2010-02-04T19:44:00.001+10:00

(Transferred from original entry dated 30th December, 2009)

Last week was not a good week for the Taxi Council of Queensland.

The news about an attempt to stop the Workplace Rights Ombudsman's investigations, exposed that they are very worried about the inquiry's outcome and recommendations. They were considering spending $50,000 and more on an unwinnable injunction attempt.

The Courier Mail story early in the week (Taxi operators in stall bid) totally discredits the Taxi Council of Queensland as a responsible industry representative. They have continually claimed that there is nothing wrong and that the drivers have been inventing stories and now we find they had information about it all along.

Last Friday's story (Taxi fakers nabbed and Cabbie accused of duplicate licences) was more proof of our continual claims and warnings of the practices of some foreign students taxi drivers.

Today, the Courier Mail had the news that the driver charged, Kulbir Singh, seems to have absconded.

These fake licenses are everywhere. Our drivers have seen them, police have been seen carting alledged offenders away and all the while the minister has claimed that no one has been charged, therefore nothing is wrong.

The previous week we had the sexual assault charge on a foreign student driver. One of many this year. Most of them hushed up. He is out on bail.

Minister for Transport, Rachel Nolan, must stand up for this. It's time she got the L plates off and started taking responsibility for her job.
Continuously there have been claims this year of overcharging, dangerous driving, incompetent performance of service and a massive increase in insurance costs to the industry due to "at fault" accidents.

Yet it has all been denied by the Taxi Council of Queensland claiming that CDAQ is just a bunch of disgruntled taxi drivers spreading lies with evil intent of denegrating the industry.

We had to chase the trail of Yellow Car 831 and provide the information to the Courier Mail so that they could photograph and report the near fatal accident of a foreign student driver who was driving for 23 hours straight.

Until then, the accident "did not happen."

All along, the Taxi Council of Queensland was clinging to a hotline that had not been properly promoted and a "Mystery Shopper Survey" as proof that our claims and those of thousands of members of the public were false.

We have just received details of that survey which suggest that it is nothing like it is claimed to be.

We will be thoroughly examining the facts and releasing our findings soon.

Enough is Enough.

2009 has been a horror year for the reputation of the taxi industry in Queensland and the taxi drivers vow that there will be changes next year.

Over the Christmas/ New year break CDAQ with other associates will be composing a submission for Don Brown's inquiry which will parallel a petition we intend to send to parliament demanding reforms. Real ones this time.
2010 will be the year of reform. For all involved we vow it will be "Reform or Removal".

Lee Sims
The Secretary
We Declare 2010 "The Year of Reform for Queensland Taxi Industry".
http://www.cdaq.org.au/