Bisson -v- Minister for Infrastructure [2016] JRC 227 (06 December 2016)

Bisson -v- Minister for Infrastructure [2016] JRC 227 (06 December 2016)

Ms Bisson knowingly breached the conditions of her restricted taxi-cab PSV licence by picking up passengers from a taxi rank on multiple occasions, despite being repeatedly informed by DVS that the law had not changed and the relevant legislative amendments were not yet in force. The suspension of her licence and badge for six weeks was a proportionate and justified regulatory response, necessary to uphold the statutory distinction between controlled and restricted taxi-cabs. There was no evidence the decision was discriminatory or based on her gender transition status.

Citation
[2016] JRC 227
Parties
Appellant: Ms Bisson; Respondent: Minister for Infrastructure (through DVS)
Jurisdiction
Jersey
Judgment Date
06 December 2016
Procedural Posture
Statutory Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Public Service Vehicle Licensing, Suspension and Revocation of Licences, Taxi Regulation, Proportionality of Administrative Sanctions, Discrimination Allegations, Right of Appeal, Interpretation of Statutory Conditions
Administrative Law Transport Law Equality Law Public Service Vehicle Licensing Suspension and Revocation of Licences Taxi Regulation Proportionality of Administrative Sanctions Discrimination Allegations +2 more

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Parties

Ms Bisson

Appellant

Minister for Infrastructure (through DVS)

Respondent

Procedural Posture

Statutory Appeal / Final Judgment

Legal Issues

  1. 1 Whether the suspension of Ms Bisson's PSV licence and badge was lawful and justified under the Motor Traffic (Jersey) Law 1935 and related Orders
  2. 2 Whether the decision to suspend was disproportionate
  3. 3 Whether the decision was discriminatory on grounds of gender transition

Ratio Decidendi

Ms Bisson knowingly breached the conditions of her restricted taxi-cab PSV licence by picking up passengers from a taxi rank on multiple occasions, despite being repeatedly informed by DVS that the law had not changed and the relevant legislative amendments were not yet in force. The suspension of her licence and badge for six weeks was a proportionate and justified regulatory response, necessary to uphold the statutory distinction between controlled and restricted taxi-cabs. There was no evidence the decision was discriminatory or based on her gender transition status.

Court Disposition

appeal dismissed