The words of a mayor are not law and have no legal force without legislation. This was the view of former Industrial Court judge and deputy chief magistrate Debra Thomas-Felix as she questioned the actions of Port-of-Spain mayor Louis Lee Sing in towing vehicles and charging a $1,300 impounding fee. Last month, the Port-of-Spain City Corporation began an aggressive programme of towing and impounding cars parked on pavements and in front of driveways, concentrating mainly in St James and Woodbrook.
The programme has sparked criticism from Local Government Minister Chandresh Sharma, who, in an interview in a daily newspaper, objected to the actions of Lee Sing and the corporation, saying it was "outside the law." In an interview yesterday, Thomas-Felix, now in private practice, said: "Where does the city corporation get the power to tow vehicles and then charge an arbitrary fee for impounding costs?
"Under the Motor Vehicle and Road Traffic Act it is only the T&T Police Service that has the powers to tow vehicles that are infringement of road traffic laws. "I am not aware that the city corporation owns a wrecking service and has the statutory power to tow vehicles." She said any attempt by the corporation to collect funds from citizens for breaching traffic laws was going against the legislation.
Under section 109 of the amended Motor Vehicle and Road Traffic Act the fines for the removal of a vehicle and for custody of a vehicle are $300 and $200, respectively. The act states the money is payable to the Commissioner of Police and not to the corporation. Thomas-Felix said she had been contacted by someone whose vehicle was wrecked last week. She said: "The vehicle was impounded in Long Circular for four days and the owner paid a portion of the fine and was given three months to pay the remainder.
"Those affected by this towing that causes damage to their vehicles may be entitled to damages from the court if they file a civil suit against the corporation. "But the cost of hiring an attorney, going through the court system is daunting and most end up paying the $1,300 fine," she added. Responding yesterday, Lee Sing said he had a different view of the matter.
He added: "It is the duty of the corporation and the mayor to remove nuisances within the city and protect its assets which include pavements. Vehicles that are parked on pavements damage them and have to be removed. "The $1,300 fee accounted for the administrative costs for the impounding of vehicles."
He also said the corporation's police force was involved in the wrecking procedure. When asked about Sharma's comments, Lee Sing said: "Mr Sharma has a grouse because the mayor of Port-of-Spain operates independently."