Court Orders Transport Board to Reconsider Serrano’s Bus Permit After Rights Violation

Twenty-five months after being run off the proverbial road, Serrano’s Bus Line is experiencing some vindication today, following a court ruling in his favor and sixty thousand dollars in compensatory damages.  The High Court overturned a 20230decision by the Transport Board that denied Hernan Serrano the renewal of a road service permit for his bus operations.  The court, led by Justice M. Javed Mansoor, found that the Transport Board violated Serrano’s constitutional rights by refusing to grant him a fair hearing.  Serrano, who has operated his bus service on the route from the Milpa Site Area to the Belize City bus terminal since 2015, had his renewal application denied by the Transport Board in an emergency meeting on May 11, 2023. The Board cited repeated infractions and public safety concerns, a decision the court found to be in violation of procedural fairness.  Justice Mansoor highlighted that Serrano was not notified of the emergency meeting and was therefore denied the opportunity to respond to the allegations. The court also noted that the Board failed to comply with Regulation 207, which requires public notice and hearings for permit renewals. Furthermore, the judge pointed out that the infractions cited occurred after the permit had already expired and were not properly investigated.  The ruling also addressed the unequal treatment of bus operators, with the judge noting that a competitor, Central Transit, was granted the route despite having similar infractions. The court found that Serrano’s rights under Sections 3 and 6 of the Belize Constitution were infringed upon.  As a result of the ruling, the court has directed the Transport Board to properly consider Serrano’s application and barred them from awarding the route to any other operator until the matter is properly heard. At the time of the decision, the then Transport Minister, Rodwell Ferguson, was adamant on the decision, saying it was justified.

Rodwell Ferguson, Then Minister of Transport:   “In everything people will clamor and people will agitate but they do not understand and know the discrepancies that Serrano has over the years. I met the transport board, I’m only the transport minister, and the board decides who should get permits and who should not get. As a matter of fact Mr.Shaw who is the president of the bus association sits on the transport board on their behalf and even Mr.Shaw voted against Serrano for negligence of his operation. The board knows exactly the amount of complaints they have against Serrano. So when they came to me and said Minister we voted unanimously against Serrano I said well that’s your decision not mine so I did not interfere with their decision. Every scenario you will have a way how you can fill the gap so I can assure you by the 14th of July the gap will be filled.”

In speaking with Serrano this evening, he told Love News that he looks forward to being back on the road.  He did say, however, that further consultations will be had with his lawyer.

Herman Serrano, Owner, Serrano’s Bus Line: “Yes I just feel a way but I feel happy. That’s all I can say for right now.”

Reporter: With your business down how are you surviving sir ? 

Herman Serrano, Owner, Serrano’s Bus Line: “Well I’m running taxi right now and I feel proud of whatever I do as long as I do it legally. I have to wait patently for what will come of it and that’s it. You have to eat you know and when you feel hungry you have to look for something to eat.”

Serrano was also awarded $60,000 in vindicatory damages, and the Transport Board was ordered to cover his legal costs.