Barbara Gayle, Staff Reporter
THE MOTORIST who challenged the government on the legality of designated bus lanes in the Corporate Area and was convicted in April 2003 has won his appeal but not in regards to the challenge.
Willard Costley, director of Urban Taxi & Tours had his fine of $3,000 or 30 days' imprisonment set aside.
The Court of Appeal in ruling in favour of Costley said that Traffic Court judge Norman Harrison erred when he failed to determine whether the motor vehicle which Costley was driving at the time could be defined as a bus.
The police had said that the motor vehicle which Costley was driving at the time was a motor car, while Costley said he was driving a taxi which was registered as a hackney carriage. It was also the court's finding that the judge erred when he admitted a document from the chief engineer at the end of the case to show that the road was under repairs at the time of the incident. The court described the document as hearsay evidence.
The document contradicted the evidence of the police officer who said at the time he stopped Costley and issued the traffic ticket, the road was not under repairs.
In response to Costley's challenge to the designated bus lanes under section 105 of the Road Traffic Act, the court, comprising Mr. Justice Seymour Panton, Mr. Justice Algernon Smith and Mrs. Justice Zaila McCalla (acting), agreed with Herbert McKenzie, deputy director of public prosecutions, that under section 97 of the Road Traffic Act, once there is a traffic sign, it is presumed to be lawful and motorist challenging it must prove otherwise.
MIXED EMOTIONS
Costley, who was represented by attorney-at-law Leroy Equiano, said yesterday that he was happy he won his appeal, but was disappointed that the court did not make a pronouncement as to the minister's powers under section 105 of the Road Traffic Act to make regulations for designated bus lanes. He had contended that the designated bus lanes were illegal, because there was no motor vehicle defined in Jamaican law as a bus. Therefore, a bus lame could not be designated by the Minister of Transport.
Costley was convicted in the Kingston Traffic Court in April 2003 for driving on December 11, 2002 in a designated bus lane on the Washington Boulevard near the intersection of Ken Hill Drive, St. Andrew.
