Serrano Wins: Transport Board’s Permit Decision Quashed

The High Court of Belize has sided with bus operator Hernan Serrano in his legal battle against the Transport Board. The court overturned the Board’s decision to deny the renewal of Serrano’s road service permit.

Justice M. Javed Mansoor found that the Transport Board violated Serrano’s constitutional rights and failed to follow principles of natural justice and procedural fairness when it refused to renew his permit without giving him a fair hearing.

Serrano, who has operated Serrano’s Bus Service on the route from the Milpa Site Area to the Belize City bus terminal since 2015, submitted his renewal application in February 2023. However, the Transport Board convened an emergency meeting on May 11, 2023, and decided not to recommend renewal, citing repeated infractions and public safety concerns. The decision was communicated to Serrano via a letter dated May 16, 2023.

The court found that Serrano was not notified of the emergency meeting and was denied the opportunity to respond to serious allegations, including incidents involving his buses on May 8 and 9. Justice Mansoor said that the Transport Board failed to comply with Regulation 207, which requires public notice and hearings for permit renewals. The judge also noted that the infractions cited occurred after the permit had expired and were not properly investigated.

In his ruling, Justice Mansoor also addressed the disproportionate nature of the Board’s decision and pointed out unequal treatment, as Central Transit, a competitor with similar infractions, was granted the route previously operated by Serrano. The court concluded that Serrano’s rights under Sections 3 and 6 of the Belize Constitution had been infringed.

The court granted orders of certiorari, mandamus, and prohibition, effectively quashing the Board’s decision, directing it to properly consider Serrano’s renewal application, and barring it from awarding the route to another operator until the application is heard.

Additionally, the court awarded Serrano $60,000 in vindicatory damages and ordered the Transport Board to pay his legal costs.