2026-0016

A BILL FOR AN ACT TO AMEND THE PUBLIC TRANSPORT ACT, 2024 TO PROVIDE FOR DUPLICATE PERMITS; TO PROVIDE FOR THE ISSUANCE OF LETTERS CONFIRMING THE STATUS OF A PERSON AS THE HOLDER OF A PERMIT; TO PROVIDE FOR VARIOUS FEES; TO VALIDATE CERTAIN FEES AND ADMINISTRATIVE ACTS; TO PROVIDE FOR TRANSITIONAL MATTERS; AND FOR INCIDENTAL AND CONNECTED PURPOSES PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Ministry of Planning, Lands, Agriculture, Housing and Infrastructure Memorandum of This Bill amends the Public Transport Act, 2024 (the “principal Act”) to provide for — (a) duplicate permits; (b) the issuance of letters confirming the status of a person as the holder of a permit; (c) various fees; (d) the validation of certain fees and administrative acts; (e) transitional matters; and (f) incidental and connected purposes. Clause 1 provides for the short title and commencement of the legislation. Clause 2 amends section 2 of the principal Act to introduce a definition of the words “working day” as a consequence of the reference to those words in the legislation. A working day is proposed to be defined as a day of the week, excluding Saturdays, Sundays and public general holidays. Clause 3 amends section 15 of the principal Act to provide the statutory authority for the charging of a permit fee, which is to be prescribed by regulations made under the legislation. The clause also provides that after the permit fee is paid, the Board shall issue the permit within thirty working days. Clause 4 amends the principal Act by introducing proposed new section 15A which provides for applications for, and the issuance of, duplicate permits. The proposed new section 15A provides, among other things, that where a person’s original permit is lost, destroyed, stolen or rendered illegible, the holder of the original permit may apply to the Board in the prescribed form and manner for a duplicate permit. The proposed new section 15A also provides the grounds on which such an application may be granted or refused. Further, the proposed new section 15A provides the statutory authority for the charging of a prescribed fee for the issuance of a duplicate permit. Clause 5 amends section 16 of the principal Act to make clear that duplicate permits may also be suspended or revoked by the Board on the same grounds as the original permit. Clause 6 amends section 18 of the principal Act to provide that the holding of a duplicate permit for the operation of a public bus or taxi does not authorise the holder to drive a vehicle outside the group covered by that person’s driver’s licence. Clause 7 amends section 19 of the principal Act to provide that a person shall not use or offer a vehicle for the carriage of passengers for hire or reward unless — (a) the person is the holder of a valid permit issued under section 15 or a duplicate permit issued under proposed new section 15A; and (b) the vehicle is a public passenger vehicle. A person who contravenes the above-mentioned provision commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months, or to both. The clause also amends section 19 of the principal Act to provide that notwithstanding the issuance of a duplicate permit, a person who uses or offers a vehicle for the carriage of passengers for hire or reward in contravention of any of the prescribed conditions commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months, or to both. Clause 8 amends the principal Act by introducing proposed new section 19A. The proposed new section 19A provides that, on application made to the Board in the form and manner approved by the Board, and accompanied by the prescribed fee, the Board may issue a letter confirming that the person is the holder of a valid permit. Clause 9 amends section 20 of the principal Act to provide for the making of regulations by the Cabinet to provide for, among other things — (a) the manner and form in which applications may be made for the grant and renewal of permits and for duplicate permits; (b) fees payable under the legislation; (c) prescribing the time or the intervals at which fees are payable; (d) the refund, waiver, reduction of fees, which may include the circumstances under which the fees may be refunded, waived or reduced; and (e) exemptions from the requirement to pay any fees, which may include the circumstances under which the exemption may be granted. Clause 10 provides for the validation of — (a) the charging, payment and collection of certain specified fees without statutory authority prior to the commencement of this amending and validating legislation; (b) the issuance of duplicate permits without statutory authority prior to the commencement of this amending and validating legislation; and (c) the issuance of reference letters without statutory authority prior to the commencement of this amending and validating legislation. Clause 11 provides that orders or determinations made by a court with respect to — (a) the charging, payment and collection of the fees specified in clause 10(2); (b) the issuance of duplicate permits; and (c) the issuance of reference letters, prior to the commencement of this amending and validating legislation are not affected by the validating provisions set out in clause 10. Clause 12 provides for transitional matters. The clause provides that permits issued under the principal Act and duplicate permits which are in force on the date of commencement of this amending and validating Act shall remain in force until expiration on the date provided under the permit, subject to the provisions of the principal Act as amended by this amending and validating Act. Clause 12 further provides that where, on the date of commencement of this amending and validating Act — (a) an application for a permit issued under section 15 of the principal Act is pending; or (b) an application for a duplicate permit is pending, the application is taken to be an application made under the principal Act as amended by this amending and validating Act, and the principal Act as amended by this amending and validating Act is to apply accordingly. Arrangement of Clauses Clause Amendment of section 19 - conditions for driving passengers for hire or reward and Clause 1 A BILL FOR AN ACT TO AMEND THE PUBLIC TRANSPORT ACT, 2024 TO PROVIDE FOR DUPLICATE PERMITS; TO PROVIDE FOR THE ISSUANCE OF LETTERS CONFIRMING THE STATUS OF A PERSON AS THE HOLDER OF A PERMIT; TO PROVIDE FOR VARIOUS FEES; TO VALIDATE CERTAIN FEES AND ADMINISTRATIVE ACTS; TO PROVIDE FOR TRANSITIONAL MATTERS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. Short title and commencement (1) This Act may be cited as the Public Transport (Amendment and Validation) Act, (2) This Act comes into force on such date as may be appointed by Order made by the Cabinet. Clause 2 Amendment of section 2 of the Public Transport Act, 2024 - interpretation The Public Transport Act, 2024, in this Act referred to as the “principal Act”, is amended in section 2 as follows — (a) in the definition of the word “taxi”, by deleting the word “and” appearing at the end of the definition; (b) in the definition of the word “Unit”, by deleting the full stop at the end of the definition and substituting the words “; and”; and by inserting after the definition of the word “Unit” the following definition — “ “working day” means a day of the week, excluding Saturdays, Sundays and public general holidays.”. Amendment of section 15 - permits for public passenger vehicles The principal Act is amended in section 15 by inserting after subsection (3) the following subsections — “(3A) Where the Board decides to grant or renew a permit — (a) the Board shall notify the applicant of the decision in writing; and (b) the written notification under paragraph (a) shall include a statement that the permit shall not be issued until the applicant pays the prescribed permit fee. (3B) Where the applicant pays the prescribed fee referred to in subsection (3A)(b), the Board shall issue the permit to the applicant within thirty working days.”. Insertion of section 15A - duplicate permits The principal Act is amended by inserting after section 15 the following section — “Duplicate permits 15A. (1) Where a permit issued under this Act is lost, destroyed, stolen or rendered illegible, the holder of the permit (the “original permit” ) may apply to the Board in the prescribed form and manner for a duplicate permit. (2) An application under subsection (1) shall be accompanied by — (a) proof that the original permit was lost, destroyed, stolen or rendered illegible, as applicable; and (b) any other particulars as may be prescribed. (3) After considering the application, the Board shall — Clause 4 (a) decide to grant the application where the Board is satisfied that — (i) the original permit was lost, destroyed, stolen or rendered illegible, as applicable; (ii) the application was made in the prescribed form and manner; and (iii) there is no reason to suspect any false representation in the making of the application nor is there reason to suspect that the application is being made to effect any fraudulent or unlawful purpose; or (b) decide to refuse the application where the Board is satisfied — (i) that the original permit was not lost, destroyed, stolen or rendered illegible, as applicable; (ii) that the application was not made in the prescribed form or manner; or (iii) that there is reason to suspect false representation in the making of the application or that there is reason to suspect that the application is being made to effect a fraudulent or unlawful purpose. (4) Where the Board decides to grant an application under subsection (a) the Board shall notify the applicant of the decision in writing; and (b) the written notification under paragraph (a) shall include a statement that the duplicate permit shall not be issued until the applicant pays the prescribed fee for the issuance of the duplicate permit. (5) Where the applicant pays the prescribed fee referred to in subsection (4)(b), the Board shall issue the duplicate permit to the applicant within five working days. (6) Where the Board refuses an application under subsection (1) — (a) the Board shall notify the applicant of the decision in writing; and (b) the written notification under paragraph (a) shall include reasons for the decision. (7) If the original permit is subsequently found, the holder of the duplicate permit shall surrender to the Board the duplicate permit within fourteen working days of finding the original permit. Clause 5 (8) A person who knowingly retains or has in that person’s possession both an original permit and duplicate permit commits an offence and is liable on summary conviction to a fine of three hundred dollars or to imprisonment for three months, or to both.”. Amendment of section 16 - revocation and suspension of permits The principal Act is amended in section 16 by inserting after the words “a permit issued under section 15”, wherever they appear, the words “or a duplicate permit issued under section 15A”. Amendment of section 18 - permit not a driver’s licence The principal Act is amended in section 18 by inserting after the words “a permit issued under section 15” the words “or a duplicate permit issued under section 15A”. Amendment of section 19 - conditions for driving passengers for hire or reward and penalty for contravention The principal Act is amended in section 19 as follows — (a) by repealing subsection (1) and substituting the following subsections — “(1) A person shall not use or offer a vehicle for the carriage of passengers for hire or reward unless — (a) the person is the holder of a valid permit issued under section 15 or a duplicate permit issued under section 15A; and (b) the vehicle is a public passenger vehicle. (1A) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars or to imprisonment for six months, or to both.”; and (b) in subsection (3), by inserting after the words “under section 15” the words “or section 15A”. Insertion of section 19A - letter confirming that a person is the holder of a valid permit The principal Act is amended by inserting after section 19 the following section — “Letter confirming that a person is the holder of a valid permit 19A. (1) The holder of a permit issued under this Act may apply to the Board in the form and manner approved by the Board for a letter confirming — (a) that the person is the holder of a valid permit; (b) the length of time for which the person has been the holder of a permit, in the aggregate; and Clause 9 (c) the periods of time during which the person held the permit. (2) The Board shall cause the form referred to in subsection (1) to be published in the Gazette or in any other official Government website. (3) An application under subsection (1) shall be accompanied by the prescribed fee. (4) For the purposes of the information to be provided in the letter referred to in subsection (1), the Board shall take into account — (a) the length of time for which the person held a permit issued under any analogous provisions in an earlier law; and (b) any periods of time during which the person held a permit issued under any analogous provisions in an earlier law.”. Amendment of section 20 - regulations The principal Act is amended in section 20 as follows — (a) in subsection (1), as follows — (i) by repealing paragraph (l) and substituting the following paragraphs — “(l) the manner and form in which applications may be made for — (i) the grant and renewal of permits issued under this Act; and (ii) a duplicate permit issued under this Act; (la) the fees payable under this Act by a person or category of persons in respect of — (i) an application for the grant or renewal of a permit issued under section 15; (ii) the issuance of a permit under section 15 that is granted or renewed; (iii) the issuance of a duplicate permit under section 15A; and (iv) an application for a letter confirming that the person is the holder of a valid permit issued under this Act; (lb) the time or the intervals at which any of the fees under paragraph (la) are payable; (lc) the refund, waiver or reduction of any of the fees under paragraph (la), which may include the circumstances under which the fees may be refunded, waived or reduced; (ld) an exemption from the requirement to pay any of the fees under paragraph (la), which may include the circumstances under which the exemption may be granted; Clause 10 (le) particulars to accompany an application for a duplicate permit; and”; and (b) by repealing subsection (2) and substituting the following subsections — “(2) Regulations made under this Act may prescribe that the contravention of the regulations constitutes an offence for which the person is liable on summary conviction to a fine of two thousand five hundred dollars or to imprisonment for a term of six months, or to both. (2A) The power of the Cabinet to make regulations under this Act includes the power to — (a) make different provision in relation to different categories of persons, different categories of public passenger vehicles, and different cases or circumstances; and (b) provide for such exceptions, limitations and conditions and make such supplementary, incidental, consequential and transitional provisions as the Cabinet considers necessary or expedient.”. Validation

(1) The charging, payment and collection of the fees referred to in subsection (2) without statutory authority are validated and considered as lawfully charged, paid and collected as if — (a) in the case of fees charged, paid or collected prior to the commencement of the principal Act, the Traffic Act (2023 Revision) or any earlier revision or version of that Act provided the statutory authority for the charging, payment and collection of the fees; and (b) in the case of fees charged, paid or collected on or after the commencement of the principal Act but prior to the commencement of this amending and validating Act, the fees were charged, paid or collected under the principal Act as amended by this amending and validating Act. (2) For the purposes of subsection (1), the fees are the following fees, which are set out in regulation 27 of the Traffic Regulations (2026 Revision) — (a) the fee for a reference letter; (b) the fee for a taxi permit; the fee for a public transport permit; and (d) the fee for a duplicate public transport permit. (3) The issuance of duplicate permits without statutory authority is validated and considered as lawfully issued as if — Clause 11 (a) in the case of duplicate permits issued prior to the commencement of the principal Act, the Traffic Act (2023 Revision) or any earlier revision or version of that Act provided the statutory authority for the issuance of duplicate permits; and (b) in the case of duplicate permits issued on or after the commencement of the principal Act but prior to the commencement of this amending and validating Act, the duplicate permits were issued under the principal Act as amended by this amending and validating Act. (4) The issuance of reference letters without statutory authority is validated and considered as lawfully issued as if — (a) in the case of reference letters issued prior to the commencement of the principal Act, the Traffic Act (2023 Revision) or any earlier revision or version of that Act provided the statutory authority for the issuance of duplicate permits; and (b) in the case of reference letters issued on or after the commencement of the principal Act but prior to the commencement of this amending and validating Act, the reference letters were issued under the principal Act as amended by this amending and validating Act. Orders or determinations by court not affected

Section 10 does not affect any order or determination made by a court with respect to — (a) the charging, payment and collection of the fees referred to in section 10(2); (b) the issuance of duplicate permits; and the issuance of reference letters, prior to the commencement of this amending and validating Act. Transitional provisions

(1) Subject to the provisions of the principal Act as amended by this amending and validating Act — (a) a permit issued under the principal Act and which is in force on the date of commencement of this amending and validating Act shall remain in force until its expiration on the date provided under the permit; and (b) a duplicate permit which is in force on the date of commencement of this amending and validating Act shall remain in force until its expiration on the date provided under the duplicate permit. Clause 12 (2) Where, on the date of commencement of this amending and validating Act — (a) an application for a permit issued under section 15 of the principal Act is pending; or (b) an application for a duplicate permit is pending, the application is taken to be an application made under the principal Act as amended by this amending and validating Act, and the principal Act as amended by this amending and validating Act is to apply accordingly. Passed by the Parliament the day of Speaker Clerk of the Parliament