Sat | Sep 23, 2017

Court gives go ahead for bus operators to challenge JUTC Mandela bus lane

Published:Monday | September 29, 2014 | 9:45 PM

Barbara Gayle, Justice Coordinator



KINGSTON, Jamaica:

The Supreme Court has given the go ahead to a group of public passenger operators to challenge the constitutionality of the decision of the Jamaica Urban Transit Company (JUTC) to commandeer a section of the Mandela Highway.




The court this afternoon granted the Rural Transit Company Limited leave to go to the Judicial Review Court to challenge the move.



The company, which is being represented by Attorney-at-Law Hugh Wildman, is contending that the decision of the JUTC to take over a section of the highway for its exclusive use is a breach of the constitutional rights of transport operators.



The company has been given 14 days to file the claim in the courts.



However, in making his ruling, Justice Lennox Campbell turned down a request by the transport group for an injunction to bar the JUTC from commandeering a section of the highway.



Justice Campbell said he had to balance the interests of the claimant, the public and the JUTC.



Meanwhile, the judge has also turned down an application by the transport group for a declaration that it is the Office of Utilities Regulations (OUR) and not the Transport Authority which has regulatory oversight for public transportation.



Justice Campbell held that it is the Transport Authority and not the OUR which has responsibility for regulating the public transportation sector.



Before the start of the court battle, the OUR Act stated that the OUR has regulatory oversight for all public transportation.



However, while the matter was before the courts the Government passed a resolution removing that responsibility from the OUR.



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