Wilkie Arthur in Civil Suit vs DMV & AG; calls demand for 11 years of Driver’s License fee unfair

By Wilkie Arthur

Freelance Court Reporter

#TurksandCaicos, July 17, 2023 – Wilke Arthur was on July 4, 2023 in court not as court reporter but in a civil proceeding as plaintiff or appellant as he had filed against the Hon Attorney General and the Director of the Department of Motor Vehicles.

His issue or claim in the civil proceedings was that since being released from the Department of Corrections and Rehabilitation (DCR) or the prison after serving an 11 year prison term, he attempted to take the lawful steps in renewing his driver’s license; that effort has been fraught with challenges, Arthur filed at the court.

In his submission, Arthur says he was told he has to pay the annual license fee for the past near 11 years.  Arthur explained he requested to see the director who said the fee has to be paid based on TCI law.

While all who faced the law have been compliant and paid the years and years of fees, Arthur informs that he reminded the Director that he was in prison and under no circumstances he should be compelled to pay for back fees when he have snot driven on the streets of the TCI for years. His driver’s license expired while he was in prison and obviously renewal was out of the question whilst incarcerated.

After the back and forward between the Director of the Department of Motor Vehicles and the plaintiff, Wilkie Arthur researched the law and sought further legal assistance and found where any person who is aggrieved or dissatisfied with any decision of the Director may appeal to the Magistrate court.

On July 4, Mr. Arthur did exactly that and filed his appeal in the Magistrate’s Court.

Tamika Simms Williams is representing the Attorney General and the Director of the DMV.

Hon Resident Magistrate Mrs. Oreika Selver-Gardiner asked counsel for the AG to please let her see the laws in this matter. This was after Mr. Arthur outlined his case and stated there’s no provision in law for the director to charge him back fees as he had been incarcerated.  Arthur was adamant that TCI law does not provide for it at all.

The law is clear on driver’s license being renewed and back dated to the date of its expiration, but it never says that the fees must be backdated to be paid accordingly.

The learned Resident Magistrate asked Ms. Simms Williams if she can show her where in law it says the director can charge back fees or is it just a matter of policy? Counsel for the AG could not show what was requested.  The Magistrate Selver has therefore set the matter down for hearing, requesting that she would like to hear evidence on the matter and that director, Mr. Wilbur Caley has to testify.

The civil case is adjourned to August 8 for trial.