Suit pending

The state-run Transport Authority (TA) is to be sued for damages arising out of disciplinary action taken against some owners of privately-operated Public Service Vehicles (PSVs).

Counsel in the law firm of Michael A. Lashley Q.C. and Associates told Barbados TODAY this evening they will be advising their clients to sue the authority for loss of earnings and any other damages resulting from the state agency’s decision to find their clients in breach of the law.

Dayna Taylor-Lavine and Asante Brathwaite, who have been retained by three PSV owners, noted that their clients received notice from the authority that they had breached Section 28 of the Transport Authority Act and the Road Traffic Regulations Sections 44 and 59.

The authority had alleged that the operators of the vehicles did not complete a given route and wanted to make the owners liable. The authority had also sent a letter to one of their clients suspending his permit.

But the attorneys have described this action as ultra vires, contending that the authority had acted outside of its jurisdiction.

“We were surprised that the Transport Authority was seeking to take such action and in one instance even sent a letter giving notice that our client’s permit would be suspended for a period of three months effective November 1st, 2019.

“The actions of the Transport Authority was in breach of Section 106 A of the Road Traffic (Amendment) Act 2017 Cap. 295,” the attorneys said.

In explaining that section of the law, the legal counsel noted that where a public service vehicle is driven by a person who is not the owner of the vehicle and that
person is convicted of two offences involving the same public service vehicle, the Transport Authority Act shall issue a warning letter to the owner of the public service vehicle.

The lawyer further told Barbados TODAY that the warning letter must indicate that where the person is convicted of a third offence involving that public service vehicle, the permit issued in respect of the vehicle shall be suspended for a period of six months.

The law firm is insisting that the authority did not follow the procedure.

“The Transport Authority clearly put the cart before the horse…and it is trite law that only a court of law is the competent and authorised body to hear breaches of the section of the Road Traffic Act and Transport Authority Act and not the Disciplinary Committee of the Transport Authority. Persons can only be convicted by the court as this is a clear function of the Magistrates’ Court,” the legal representatives said.

“The Transport Authority clearly followed the wrong procedure, had no jurisdiction to hear the matter and acted ultra vires as they can only suspend a permit after three convictions by a Magistrate sitting in the Magistrates’ Court of Barbados,” they argued.

The attorneys also questioned if the Transport Authority can play the role of the investigator and adjudicator in matters such as these.

“The Transport Authority clearly breached section 106 A of the Road Traffic Act. It therefore means that all persons affected by this action have a right to bring an action against the Transport Authority for loss of earnings and any other damages arising out of this matter and we would be advising our clients as such,” the two lawyers warned.

The authority has since withdrawn the letters of suspension following talks with the representative organisation.
emmanueljoseph@barbadostoday.bb