For months now we've been reporting on a bus dispute in the city. Haylock's Bus brought an action against competitor, Phillip Jones.
Haylock is currently the only permit holder from the Transport Board to service commuters on the Belama to Belize City route. In July of this year, Mayor Bernard Wagner's City Council Administration granted a permit to Jones and his company, City Shuttle, to run the route in direct competition of Haylock's bus.
Attorney Godwin Haylock sent them a lawyer letter on behalf of his father demanding that the rescind this permit, because from the Haylock family's perspective, City Council had usurped the authority of the Transport Board, which is the only body under the traffic laws which can grant such permits.
The Haylocks demanded that the City Council reverse their actions, under threat that if they didn't, Haylock's Bus would sue them. When the City Council didn't budge, Godwin Haylock filed a lawsuit against them, the Belize City Traffic Manager, Phillip Jones, the Transport Board, and the Attorney General.
Yesterday, Justice Shona Griffith agreed with the Haylock Family that only the Transport Board has permission to grant road service permits. But, the judge dismissed their claim because while this case was going through its process, Jones, applied to the Transport Board itself for that permission. In October, the Transport Board denied Jones' application. So since the correct body had already rendered a decision, the judge dismissed the case, since it was now an academic issue.
If you're following, that means that the Haylock family pretty much won this dispute, but it appears that there's about to be a round 2 in this fight. That's because Jones will file an appeal against the Transport Board's decision to Minister Edmond Castro, the Transport Minister, and he and his attorney believe that they have solid grounds. Here's how Kareem Musa explained it today:
Hon. Kareem Musa- Attorney At Law
"Yesterday the judge, in hearing the application, dismissed the application of Haylock's Bus Service. As you would recall, the initial claim by Haylock's Bus Service was against the Belize City Council but it was later revealed throughout the course of the case that in fact, the transport department at the end of the day has the final say as to who should get a road service permit. So, despite the fact that the Belize City Council had given permission, they had given a recommendation to City Shuttle, which is run by Mr. Phillip Jones, for them to get a road service permit to run the Belama bus route. The transport department, on October 5th of this year, while this court case was going on, made a decision to deny Mr. Jones's application for a road service permit. And so, when the matter came up for trial yesterday, for the judicial review application, the learned Madam Justice dismissed the application; and again, because it was primarily focused against the Belize City Council when in fact it was the Transport Department that, at the end of the day, makes that decision. Now that the transport department has handed down a decision there is a process that we would follow in accordance with the Motor Vehicle and Road Traffic Act. That is, to appeal this decision of the Transport Board to the Minister. And why I say we have very good grounds of appeal is because the law is expressly clear when it comes to road service permits. There can be no monopoly, the way that Haylock's Bus Service is running the Belama route currently, unless you have the consent of the National Assembly. This matter has never been taken to the House of Representatives for the approval for Haylock's Bus Service to have a monopoly and exclusive concession to run the Belama bus route. Therefore, it is our respectful opinion, that in fact, when the Transport Board made the decision to arbitrarily deny Mr. Jones's application for a road service permit to be a competitor on that very route, in fact, that amounts now to an exclusive concession to Haylock's Bus Service. So, we will be appealing the decision of the Transport Board to the Minister, the honorable Edmond Castro. That appeal will be served on Mr. Castro today."
Phillip Jones also took a few questions from the press, and he explained his history, and his interest in this dispute about the Belama run. Jones told us that he feels that he's being unfairly punished:
Phillip Jones
"Whenever there is a problem in Belama, I am the one that they call upon. If you recall, about two years ago Haylock Bus Line had been suspended because they had busses that weren't road worthy. Transport Department did a 38-points to ensure that the busses were road worthy and they failed. So, the previous City Council came to me and asked me to cover the slot based on the suspension that they gave Haylock; and I did so. From that period of time customers have been repeatedly calling me asking me to assist them. They have made numerous complaints to the City Council, to Belmopan at Traffic and nothing has been done. So, hopefully something could be done now. So, I made an application to the Transport Department in 2016 and I haven't gotten a response. So, I just left it at that. Secondly, he got suspended again because one of his drivers road over the pedestrian crossing. Again, I was called and had a sit down with the manager and the council at the time and I told them that Belama has grown since the last ten years. You all just asked me to run three buses and that is not sufficient. We need at least eight or ten buses to be running there. So, I felt that I was just being used whenever there is a problem with Haylock, time after time. Finally, the new council granted me permission. They did a survey to ensure that more than three buses were needed and they did their due diligence and they found out that indeed three busses were not sufficient."
We'll keep following the case to see how this one plays out.
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