State sued over PBR pass

A maxi taxi operator and his son have permission from a High Court judge to challenge the Ministry of Works and Transport’s decision to seize their Priority Bus Route (PBR) permit after one of them was ticketed for a traffic violation.

Justice Frank Seepersad granted leave to Doodnath and Navin Neranjen, of Railway Road, Arouca, to pursue their judicial review claim against the ministry.

In an oral decision, Seepersad said they had a realistic prospect of success in proving the pass was unlawfully seized, and questioned why the ministry did not give them a hearing when the pass was revoked after Doodnath was issued a fixed-penalty traffic ticket for plying for hire with an expired taxi licence.

He referred to section 8 of the PBR (Special Road Toll) Regulations, which gives the minister the power to give written notice to pass-holders who are convicted of driving offences while traversing the restricted roadway. Errant pass-holders are allowed to make representations before the minister decides whether to seize, suspend or revoke their permit.

According to the Neranjens, the pass was seized after transit police issued a ticket to Doodnath on November 28 last year.

He admitted his taxi licence had expired but said he was in the process of having it renewed when the police stopped him. He said he showed the police his receipt from the Licensing Authority, but they still seized the pass.

The two are seeking an order for the pass to be returned to them. They were denied the opportunity to claim for compensation by the judge, who suggested they file a separate claim for damages.

Doodnath said his earnings of $2,000 a day were severely cut, since he now has to work on the Eastern Main Road.

The Neranjens are being represented by Rajmanlal Joseph. Their case is expected come up for hearing on February 19.