Bisson v Minister for Infrastructure [2019] JRC 133 (10 July 2019)

Bisson v Minister for Infrastructure [2019] JRC 133 (10 July 2019)

The Minister was entitled to revoke the Appellant's PSV Licence and Badge based on a persistent pattern of misconduct, repeated breaches of the Code of Conduct, and failure to heed warnings, rendering her no longer a fit and proper person to provide public service vehicle services. The procedure adopted was fair, with adequate notice and opportunity to respond, and the sanction was proportionate. There was no evidence of discrimination or breach of human rights.

Citation
[2019] JRC 133
Parties
Appellant: Appellant (Bisson); Respondent: Minister for Infrastructure
Jurisdiction
Jersey
Judgment Date
10 July 2019
Procedural Posture
Statutory Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Revocation of Public Service Vehicle Licence, Procedural Fairness, Fit and Proper Person Test, Discrimination Allegations, Proportionality of Sanctions, Code of Conduct for Taxi Drivers
Administrative Law Transport Law Human Rights Revocation of Public Service Vehicle Licence Procedural Fairness Fit and Proper Person Test Discrimination Allegations Proportionality of Sanctions +1 more

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Parties

Appellant (Bisson)

Appellant

Minister for Infrastructure

Respondent

Procedural Posture

Statutory Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Minister's decision to revoke the Appellant's PSV Licence and Badge was wrong under the applicable statutory test
  2. 2 Whether the procedure adopted by the Minister and DVS was fair and sufficient
  3. 3 Whether the revocation was proportionate to the Appellant's conduct

Ratio Decidendi

The Minister was entitled to revoke the Appellant's PSV Licence and Badge based on a persistent pattern of misconduct, repeated breaches of the Code of Conduct, and failure to heed warnings, rendering her no longer a fit and proper person to provide public service vehicle services. The procedure adopted was fair, with adequate notice and opportunity to respond, and the sanction was proportionate. There was no evidence of discrimination or breach of human rights.

Court Disposition

appeal dismissed

Orders

  • The Minister's decision to revoke the Appellant's PSV Licence and Badge is confirmed.
  • No order as to costs specified.