3C.L.B. 1987 July Π (A LOIZOU, J ] INTHEMATTEROFARTICLE 146 OFTHECONSTITUTION Μ &M TRANSPORTCO LTD, Applicants, ν THE REPUBLICOFCYPRUS,THROUGH 1 THE MINISTEROFCOMMUNICATIONSANDWORKS, 2 THE REVIEW LICENSINGAUTHORITY, Respondents (CaseNo717/85) 5 Motor Transport — The Motor Transport Regulation Law 9/82 — Cars hired without adnver—Sections 5and 10—Ambit of eachsection— Thegenera! policy andobjectofthelaw— Theneedsofthecountry havetobeexamined — //is only when more vehiclesareneeded in the market thatadecision as towhetheralicenceshould begranted in theparticular caseornot hastobe taken Construction ofstatutes— Generalpolicy and objectof alaw—Ascertainment of — Thelawin question should belooked atasa whole 10 Applicant'sapplicationforlicencesinrespectof37vehiclesforhirewithout adnver(Zcars)was turneddownonthegroundthattheneedsofCyprus«will beserved satisfactorily» bytheexistinglicensed vehicles Hence thepresentrecourse Theapplicantsargued,interalia,thatthenght cntenoningrantingorrefusingalicenceiswhethertheapplicants themselves had aconcreteneedtosatisfy regardingthe licencesappliedfor 15 Held, dismissing therecourse
(1)Section 5 of Law 9/82 deals generally with therequirement ofa licence forvehicles intendedtobeused forany of thepurposesthereinreferred to,which includehirewithoutadnver,whereas section 10ofthe samelawsetsout theprerequisites,which an applicanthas to satisfy 20
(2)The issue raisedin this case calls fortheascertainment ofthe objectof thepolicy oftheaforesaidlaw Thisissueshouldbedeterminedbylookingat the legislation inquestion asawhole, includingthe/provision prohibiting the useofvehicles foranyofthepurposessetouttherein Approachingthematter 993
(1987)Μ.& Μ.Transportv. Republic from thisstandpointtheconclusionisthattherequirementof alicence cames the notionthattheobject istocontrolthenumbersanduse of such vehicles and thatthegeneral needs of thecountryshould be examined Itisonly when morevehicles are required inthemarket thatadecision as towhether alicencewillbeissued intheparticularcaseornothastobe taken, 5 after taking intoconsideration the factors referred tointhelaw, such factors do not come intoplay when thereis nogeneral requirement for the issueof new licences Recourse dismissed No orderasto costs 10 Casesreferred to Chnstodoulou ν Republic
(1986)3 CLR 2243 VassosBiades Ltd ν TheRepublic
(1979)3 CLR 259, Cytechno I td ν Republic
(1979)3CLR 513 Recourse. Recourse against the decision of the respondents to refuse applicants' application for the grant tothem licences for thirty — seven vehicles for hire without a dnver A Haviaras,for the applicants G Erotokntou (Mrs), Senior Counsel of the Republic, for the 20 respondent Cur adv vult A LOIZOU J read the following judgment By the present recourse the applicant Companyseeks adeclaration of theCourt that the act and/or decision of the respondents to refuse its 25 application dated 14th February 1985, for the grant to them of licences for thirty seven vehicles - for hire without a dnver commonly known as «Z» cars, is null and void and with no legal effect whatsoever Theapplicationof theapplicantCompanywas examined by the 30 Licensing Authonty along with the applications of twelve other companies and individuals who were applying for the issue to them of licences in respect of a total of 335 such «Z» cars The relevant minutes of the meeting of the Licensing Authonty of the 25th June, 1985 (Exhibit 1)refer tothevanous applicants and to 35 the documentsthat ithad before itwhich included the reports of 994 15 3 C.L.R. Μ.& Μ.Transportv. Republic A. Lolzou J. the DistrictInspectorsof Transport andthe numberof vehicles in respect of which each applicantwas seeking alicence.Itthen goes on tosay the following: 5 «The Departmentsuggeststherejection of all the aforesaid applications as with the existing licensed vehicles hired without a driver («Z») and with those which were licensed recently the needs of Cyprus willbe served satisfactorily. The Licensing Authority adopts the suggestion of "h" Department and rejects all theaforesaid applications.» 10 The report of the DistrictInspector of Transport with regard to theapplicantCompany,saysthattheapplicantsown twobuses for tours of tourists and goes on to mention thatMr.A. Markides the Director of the aforesaid Company mentioned to him that they face problems on many occasions for the hire of «Z» vehicles, 15 because many clients of theirs are interested in the hire of such cars. Ithasbeen argued on behalf of theapplicant Companythatthe ground upon which its application was refused was legally unfounded and contrary to the provisions of subsections 13 and 20 14 of Section 5 and Section 10 of the Motor Transport Regulation Law, 1982, (Law No.9 of 1982) andthatsuch ground was in direct conflict with the general guidelines which were formulated by the respondent Authority and in particular paragraph (d)thereof. I had theoccasion torefer tothe guidelines 25 in question in my judgment in Nestoras Christodoulou v. The Republic,Recourse No.629/85, delivered onthe30th September 1986, as yet unreported*,where I set them outin full and for the sake of brevity I do notintendtoreproduce themhere. Itwas urged thatitwas wrong totreatall theowners of «Z»cars 30 in Cyprus as one entity, which is set to serve the needs of the Country in«Z»cars.Therightcriterionbeing whethertheapplicant Company itself had concrete needs to satisfy regarding the licences applied for and notwhether the existing licences intheir totality could theoretically satisfy the needs of Cyprus. This 35 emanates from the fact thatthe applicant Company has requests for «Z» cars from clients, which itcannotitself satisfy as is notthe holder of such licences and in thatway itiscompelled to hire ·Ζ· carsfrom thirdparties,asituation contrarytoparagraph «D»ofthe said guidelines. •Reportedin
(1986)3 C.LR.2243. 995 A. Loizou Ν. & Μ.Transport v. Republic (1987* Section 5 of the Law with its fourteen subsections deals generally withtherequirementofalicenceforvehicles intendedto be used for any of the purposes set out therein which include vehicles for hire without a driver. Subsection 13 thereof, which is its penultimate subsection, provides that the provisions of that 5 «section will be applied in a mannergiving, where possible toall concerned equal opportunityfor making aprofit» and subsection 14 provides that the Licensing Authority in the exercise of its discretionary power underthatsectionwilltakeintoconsideration thesuggestions ofthe DepartmentofRoadTransportandwillhear 10 the representations of every person directly concerned. On the other hand section 10 of the Law sets out the prerequisites which, subject to the Law and the Regulations, an applicant has to satisfy before a licence for the hire of vehicles without a driver isgranted tohim. 15 In my view the issue raised calls for the ascertainment of the policy and object of theLaw which canbe determinedby looking at the legislation in question as a whole, including of course its provision prohibiting the use of vehicles for the purposes enumerated therein,which include the hire of vehicles without a 20 driver, with which we are concerned in the present case. (See Vassos Eliades Ltd., v. The Republic
(1979)3 C.L.R. 259 and Cytehno Ltd., v. The Republic
(1979)3 C.L.R. 513). Approaching the matterfrom thisstandpointone cannotfail to concludethattherequirementofalicencecarrieswithitthenotion 25 thatitspolicy and object istocontrolthenumbersanduse of such vehicles, that the general needs of the country have to be examined and only when more vehicles are required in the market, a decision as to whether a licence will be issued in the particularcase ornothastobe taken. Insuch a case alicenceisto 30 be issued as a matterof discretion,which hastobe exercised after taking into consideration the factors specified in the relevant sections of theLaw. Onthe otherhandsuch factors do notcome intoplay andtherefore neednotbe examined ifthereisnogeneral requirement for the issue of new licences as it has been the 35 conclusionreachedbytheLicensingAuthority inthepresentcase. IfI were toaccepttheargumentof learnedcounselthatonlythe needs of theindividual applicanthave tobe examined, the whole purpose of the Law to regulate the number of such vehicles licensed to operate withoutadriver would be thwarted. 996 40 3 CX.R. Μ.&Μ.Transportv. Republic A. LoizouΛ. For all the above reasons this recourse fails but the sub judice decision is hereby confirmed. Therewillbe however, noorderas to costs. Recoursedismissed. No orderas tocosts. 5 997