By John Myers, Jnr., Staff ReporterTHE TRAFFIC Court judge who is trying a motorist who is challenging the legality of designated bus lanes in the Corporate Area of Kingston and St. Andrew is to rule on April 24 whether he is guilty of committing an offence by driving in such a lane.
The judge reserved his decision yesterday at the end of proceedings in the Corporate Area Traffic Court, Camp Road, Kingston.
Willard Costley of Waterford, Portmore, south east St. Catherine, pleaded not guilty to driving illegally in a designated bus lane. Mr. Costley was charged with the offence on December 11, 2002, after he drove in a designated bus lane at the intersection of Ken Hill Drive and Washington Boulevard, St. Andrew.
NULLIFY THE CHARGE
He admitted that he was guilty of driving in the lane, but he is contending that the charge was illegal as there was no vehicle defined in Jamaican law as "a bus" and, therefore, a "bus lane" cannot be designated by the Minister of Transport.
Mr. Costley argued in court yesterday that the
Transport Minister erred in law when he made such a designation under Section 105 of the Road Traffic Act. He said such a lane should have been designated under Section 59 of the Road Traffic Act, which gives the Minister the power to make the necessary amendments and regulations which would allow for bus lanes to be established under law. He emphasised that the Minister must first properly define the term "bus".
He asked the court to declare the charge against him null and void, as "Section 16 of his constitutional rights was violated" when he was charged with the offence. Also, he is asking the court to rule that "bus lanes" and all relating signs be declared null and void.
Mr. Costley indicated that if on April 24 he was found guilty, he intended to take the matter to the Court of Appeal.
