Writ on commercial buses emergency exit; Court to rule on June 27
The Human Rights Court presided over by Justice Anthony Yeboah has set Monday, June 27, 2016 to give the ruling on a writ filed by the plaintiff in the case involving the Driver and Vehicle Licensing Authority (DVLA) and 10 others over the licensing and use of commercial and public omnibus vehicles without emergency exits.
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He, has, therefore directed all parties in the case to make their written submissions available to the court to facilitate the process.
Justice Yeboah noted that the case had travelled for a long time and said on the next adjourned date, he would give a ruling on the writ of mandamus filed by the plaintiff.
The case was instituted in 2011 but the DVLA and the IGP had been intransigent and had failed to appear in court, compelling the plaintiff to file a writ of mandamus for the court to make an order for the DVLA as well as the police to apply the law on emergency exit doors.
The original action had been brought by a Tema-based public servant, Mr Kwabena Osei, against the Driver and Vehicle Licensing Authority (DVLA), the Inspector General of Police (IGP) and 10 others for flouting the law requiring commercial omnibus vehicles to have emergency exit doors.
The 10 others are the State Transport Company, VIP, Ghana Private Road Transport Union (GPRTU), O & A Transport, Metro Mass Transit, J A Plant Pool, Progressive Transport Owners Association (PROTOA), Mariset Company Ltd (M Plaza), National Insurance Commission and the Attorney-General.
The case
Mr Osei had contended that it was provided under the law that an omnibus was supposed to be constructed to provide at least two entrances or exits for passengers; one of which should be an emergency exit as approved by the licensing authority.
He also held that the DVLA, the authority which was created by law to promote good driving standards in Ghana and ensure the use of roadworthy vehicles on the roads, was charged to ensure strict compliance with the Road Traffic Act 2004 and its regulations.
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The police, whose mandate it was to enforce the said provisions for the construction of passenger-carrying vehicles, he added, had neglected the sanctioning of such offending motor vehicle operators and vehicles.
The offences complained of, he averred, continued to occur on a daily basis because the DVLA continued to inspect, test and register motor vehicles and issue vehicle registration certificates and vehicle examination certificates to the offending operators.
Reliefs
Mr Kwabena Osei is seeking an order requiring the DVLA to examine all new and existing passenger-carrying vehicles and refuse to register and license any vehicle that does not conform to the prescribed requirements.
He is also seeking an order to ensure that any motor vehicle does not pose a danger to safety in relation to its entrance and exit for passengers.
Mr Osei is praying the court to order the police to strictly enforce the provisions of the law relating to the construction of passenger-carrying vehicles and to arrest, detain and prosecute all vehicle operators and passengers who flout the law.