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Magistrates Court of Fiji |
In The Land Transport Appeals Tribunal
At Suva Appeal # 33 of 2011
Between:
Nicholas Fuata
Appellant
And:
Land Transport Authority
Respondent
Appellant: In Person
For LTA: Ms R May
Judgment
Introduction
The Appellant, Nicholas Fuata applied for a taxi permit on 4th April 2008. The application was published in the Daily Post on 10th April 2008. The Application was unopposed. The matter was determined by the CEO of LTA as delegated to him and he on 15th January 2009 refused the grant of a Taxi Permit citing “need not established”.
The Appellant being aggrieved with the decision of the CEO appealed to the Board. The Board heard the appeal on 14th January 2010 and upheld the decision of the CEO that “need was not established” for the grant of the taxi permit.
The Appellant was advised vide letter dated 24th May 2010 of the Board decision. This is the Appellants, appeal of the Board’s decision refusing his the grant of a Taxi permit.
Grounds of Appeal
From the submissions made by the Appellant the grounds of appeal can be briefly summarised as follows:
(a) There is no evidence to show how the appellant assessed “needs of public”
(b) The Respondent has conceded there is a need for service in the area.
(c) Application was refused on the basis that there was lack of interest by existing operators.
Hearing and Submissions Made
Having filed all necessary documents the parties agreed to have the matter heard by way of written submissions. This Tribunal has noted all the documents filed and the submissions made.
The Regulations and Procedures relating to grant of new Permits
Regulation 5 (1) of the Land Transport (Public Service Vehicles) Regulations 2000 sets out the matters which the LTA is required to take into consideration when it deals with applications for a new permit.
The Regulations and procedures relating to the application and grant of new permits is governed by Part 2 (Regulations. 3 to 18) of Land Transport (Public Service Vehicles) Regulations 2000.
The Function and Powers of the Tribunal
Section 40 (2) of the Land Transport Act provides for the function of the Tribunal, which is “to hear and determine appeals
against decisions of the Authority relating to –
(a) licensing of drivers under section 56;
(b) any matter requiring a decision of the Authority under Part VI;
ayd any other matter prescribed by the Minister by regulations."
The powers of the Tribunal for the purposes of hearing and determining appeals according to Section 46 are to "(a to issue a summons to a wi a witness in the prescribed for; (b) to call for the production of books, plans and documents; (c) to examine witnesses on oath or affirmation; (d) to admit any evidence whether written or oral and whether or not such evidence would be admissible in civil or criminal proceedings; (e) to exclude any person if necessary so as to ensure the proper conduct of the appeal or to preserve order."
Furthermore, under Section 46 (2) "on an appeal under this Part the Tribunal may dismiss tie appeal or make such order as it thinks just and reasonable in the circumstances directing the Authority to issue, transfer, or cancel any licence, certificate or permit, or to impose, vary, or remove any condition or restriction in respect of a licence, certificate or permit, and the Authority shall comply with that order." And under Section 46 (3) "Upon the determination of an appeal under this section the Tribunal may make such order as it thinks just with the respect to the costs of the appeal, and any person to whom any such costs are awarded may recover the amount of those costs in any court of competent jurisdiction, as a debt due from the person against whom those costs are awarded."
According to Section 47 the Tribunal "for the purposes of the hearing and determination of any appeal the Tribunal shall have regard to those matters which the Authority is required to have regard to in considering an application under this Act."
Analysis
This Tribunal notes that the Respondent's main ground for refusal of a Taxi permit is that need is not established. The Acting CEO and later the Board which gave its decision in refusing the taxi permit relied on a report by the Regional Manager (Central/Eastern) whose report on suitability of service cited as follows "trend shows that the eight that are currently approved to be operating from there are supposed to be doing so. This shows that they are operating illegally from stands which in this case will not justify the need to approve another taxi permit from the same stand because they will surely follow and practice the same." The comment of the same reporting officer was "lack of interest by existing operators into providing taxi services from the proposed stand signals that there is not adequate demand for the same."The recommendation by the reporting officer was to refuse due to need not being established.
This Tribunal has noted from the findings of the Reporting Officer that the existing permit holders were not operating from the current base/stand. In considering the application by the Appellant the Respondent came to know that other taxi from that base/stand were not operating from it. It became an enforcement issue. If the taxis are not operating from that base surely the base/stand would be vacant as the allocated taxis are not servicing from this base/Stand. If the Taxis are not operating from the allocated base the appropriate authority must enforce and see that taxi's operated from the allocated base.
The findings of the Reporting Officer clearly showed that the allocated Taxis did not operate from the area – base/stand. The base/stand is close to Schools, FIT, hostel and a temple and the area is quiet populated. The Respondent's clearly took into consideration irrelevant issues in reaching a decision. A need is shown in the area the Appellant sought a taxi permit. Therefore he should be granted a permit.
This Tribunal allows the Appellants appeal. The Respondent is to issue the Appellant a taxi permit pursuant to the application lodged. Furthermore the Tribunal summarily awards $500.00 cost to the Appellant (to be paid by the Respondent within 14 days).
Orders
- Appellant succeeds with Appeal.
- Respondent to Issue Appellant taxi permit, forthwith
- Cost of $500 to be paid by Respondent to Appellant with 14 days.
Chaitanya Lakshman
Land Transport Appeals Tribunal
13/5/2014
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