The Association of Maxi-Taxis on Friday won round one of its legal battle against Works and Transport Minister Jack Warner and Transport Commissioner Rueben Cato. Justice Joan Charles granted a stay preventing Warner and Cato from implementing their decision to remove the restrictions on registration of maxi taxis which would have resulted in an increase in maxi taxis on the road. The judge ordered the stay until the hearing and determination of the association's judicial review application in which they are challenging the decision.
In her ruling in the San Fernando High Court, Charles said proper consultation was not done with the association or other groups involved. One of the arguments put forward by the respondents (Warner/Cato) was that the increase in the maxi taxis would ease the plight of commuters in certain areas, but the judge said: "The wider public interest demands that a proper inquiry be done to determine where the service is most needed. "The wider public interest also demand that the public have an opportunity get to school and place of business in a timely manner.
There being no survey to determine the shortfalls and there being no restriction applied to the opening up of the system, I cannot say that 200 or 300 hundreds persons obtaining maxi taxis will service areas not serviced," she said. Charles said that Route 2 from Arima to Port-of-Spain was very congested and in the absence of regulations or restrictions the public interest may not be served if a large number of vehicles ply that route. "I hold that the wider public interest will be served by the grant of a stay," the judge said.
The attorneys on both sides agreed to consult about a date for the hearing, which is expected to last one day, and inform the court. The association was represented by Senior Counsel Ramesh Lawrence Maharaj, instructed by Nayala Badal and Vijaya Maharaj, while the State was represented by Russell Martineau, SC, and attorneys Keith Scotland and Kelvin Ramkissoon.