Sun | Dec 4, 2016

JUTC challenge gets green light

Published:Tuesday | September 30, 2014 | 12:00 AM

A group of public passenger operators have been given the green light by the Supreme Court to challenge the constitutionality of the decision of the Jamaica Urban Transit Company (JUTC) to commandeer a section of the Mandela Highway.

The court yesterday 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 designate a section of the highway for its exclusive use is a breach of its constitutional rights.

The claimant has been given 14 days within which to file a fixed-date claim form.

In making his ruling, Justice Lennox Campbell turned down a request by the transport group for an injunction to bar JUTC from commandeering the Mandela Highway bus lane.

Campbell said he had to balance the interest of the claimant and that of the public and the JUTC.

Meanwhile, the judge turned down an application by the transport group that was seeking a declaration that the Office of Utilities Regulation (OUR), and not the Transport Authority, has regulatory oversight for public transportation.

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.

barbara.gayle@gleanerjm.com