THE Public Transport Service Corporation (PTSC) has agreed to temporarily waive a controversial $15,000 licensing fee for private excursion buses, pending the outcome of a legal challenge.
This decision follows a lawsuit filed by the Private Bus Owners/Operators Association and its president, Nazim Mohammed, questioning the fee’s legality.
High Court Judge Frank Seepersad, who granted leave for the lawsuit last month, suggested waiving the fee while the case is under judicial review. Lawyers for PTSC and the Licensing Authority accepted this recommendation, maintaining the status quo until a verdict is reached.
The matter came up again before Justice Seepersad on Tuesday.
The fee, reinstated after nearly two decades, had not been applied since 2004. Excursion bus owners must still apply for a public service vehicle (PSV) licence but are exempt from paying the fee for vehicle inspections during the legal proceedings.
Court documents reveal that from 1997 to 2004, bus owners paid a fee, initially set at $100 and rising to $7,500 by 2004, to conduct transactions with the Licensing Authority. However, in 2004, PTSC officials informed them that the corporation lacked the authority to impose such fees, allowing transactions to proceed without licences.
Last year, when attempting to inspect their buses, owners were surprised by the renewed requirement for a PSV licence, with the fee set at $15,000 for buses with more than 26 seats. The association argues that this fee is unaffordable and disproportionate compared to the $2,400 charged to Route 2 maxi taxi operators for Priority Bus Route access.
The lawsuit seeks declarations against the corporation and the authority, aiming to overturn the licensing requirement and fee. The association’s legal team, led by Senior Counsel Anand Ramlogan, contends that only the Minister of Works and Transport can prescribe such fees and challenges the reintroduction of the licensing requirement. The association is also represented by Jayanti Lutchmedial, Kent Samlal, Vishaal Siewsaran, Natasha Bisram, and Aasha Ramlal
Attornerys for PTSC and the Licensing Authority include Bronock Reid and Ian Benjamin, SC, respectively. The parties will agree on a case management schedule before the next hearing.
This is good news. If we are truly interested in promoting this country as a serious tourism destination and allowing us to compete with other Caribbean nations. We need to allow for Tour buses to operate within the laws but with less restrictions such as those fees.