Monday, July 6, 2009

Mr. David Campbell, M.P.

Faruque Ahmed
P.O. Box – 349, Alexandria - 2015
Mobile: 041 091 4118, Email: union_faruque@...

Mr. David Campbell, M.P. Thursday, May 28, 2009
NSW Minister for Transport
Parliament House
Macquarie Street, Sydney
Telephone: (02) 9268 2800
Facsimile: (02) 9268 2900

Subject: Removal of anti-competitive laws, regulation, policies and practices under the auspices and control of the NSW Ministry of Transport.

Dear Mr. Campbell

I hope you are aware of the ruling of the Australian Competition Tribunal (Matter No - 3 of 2005, Australian Competition Tribunal). This ruling is reinforced and supported by the Exclusive dealing and third line forcing (s47) of the Australian Competition and Consumer Commission that does prohibit forcing any taxi driver regardless of whether they are bailee or bailor, to be compelled to accept Cabcharge as a method of payment for any taxi fare.

Any Cabcharge Australia P/L logo or trademark inserted in or as part of any taxi network's specific livery e.g. door decals placed on taxi cabs, or internally onto and as part of any NSW MOT approved stickers (notices), is construed as anti competitive and monopolistic in it's nature and intent.

I trust, you will and have advised your compliance section and other relevant departments that there is no need and no basis to question or penalise any drivers should it eventuate that they may have declined to accept Cabcharge for any payment for any fare.

I hope you will or already have informed all taxi networks in NSW to align their Network Byelaws, policies and practices in accordance with and reflecting the Exclusive dealing and third line forcing (s47) of the Australian Competition and Consumer Commission.

It is my understanding based on advice I have received that a non compliance with the ruling and with the ACCC related legislation, mentioned above may lead to an increased focus on your Ministry as well as possible breaches of the Commonwealth of Australian Government (COAG) Agreement.

With thanks.

Sincerely yours

Faruque Ahmed