The owner of two Vancouver taxis facing an $8,100 bill for fines related to 27 city bylaw parking violations that occurred primarily along the Granville Street strip has won a financial reprieve from the courts.
In a B.C. Supreme Court written ruling released Feb. 3, Justice Gregory Fitch ordered Balbir Singh Jhutty to pay a lesser fine totaling $3,375 for violations incurred by drivers he rented his taxis to while working for MacLures Cabs.
Though Fitch ruled the total amount of the initial fine was disproportionate to the blameworthiness of the offender, he pointed out parking violations are serious regulatory offences and should be treated as such.
Residents of the city of Vancouver expect, and are entitled to expect, that an important regulatory regime like this one, which exists for the benefit of us all, will be strictly enforced and that penalties appropriate to the conduct of those who violate that regulatory regime will be levied and collected, he wrote. Nothing in these reasons derogates from this governing principle.
Jhutty pleaded guilty in May 2011 to 27 counts before a judicial justice of the peace. A fine of $300 was imposed on each of the 27 counts, totaling $8,100.
The violations occurred primarily in the entertainment district on Granville Street, in the early morning hours between Feb. 2, 2010 and Sept. 30, 2010. Violations included numerous counts of stopping in a bus zone, stopping where prohibited and stopping too close to a crosswalk. Single counts included stopping in an intersection, stopping in a disabled zone, stopping in a driveway and double parking.
Jhutty was given one year to pay the fines but instead went to court in an attempt to overturn his guilty plea and request the judge reduce the fines to a total of $1,350.
The city, whose case was led by lawyer Ellen Gerber, argued fines of $300 to $700 had previously been imposed on chronic or repeated offenders and leasing companies for similar infractions.
But Fitch said the Crown did not refer case to him in which a cumulative fine of this magnitude was imposed on a person for parking infractions for which he was responsible by virtue of being the registered owner.
While Fitch ruled to lessen the fine, he concluded Jhuttys guilty plea was voluntary, unequivocal and informed. Jhutty has been given six months to make payment.
The Courier contacted MacLures Cabs and was told by a representative that Jhutty was out of the country and unavailable for comment. His lawyer Tony Bhullar did not return a message left for him on his cellphone.
The case comes after city council agreed last month to allow taxis to travelbut not stop for faresin the bus lanes on Pender, McGill, Burrard, Hastings, Granville and West Georgia streets. Broadway is also part of the trial. The city is updating its transportation plan and may include new policy that defines the role of taxis on city streets. The trial is expected to run for a year.
Twitter: @Howellings
