The applicant appealed a decision by the Registrar of Motor Vehicles to suspend his driver's licence due to his visual field not meeting minimum requirements under section 32(5)(b)(ii) of the Highway Traffic Act.
The Licence Appeal Tribunal held a hearing to determine if it had jurisdiction to hear the appeal.
The Tribunal found that under section 50 of the Act and the applicable regulations, it only has jurisdiction to hear appeals from decisions made under sub-clause 32(5)(b)(i), not sub-clause (ii).
Consequently, the Tribunal ruled it had no jurisdiction and dismissed the appeal as a nullity.
The Registrar's motion for costs was also refused, as the Tribunal found the self-represented applicant did not act frivolously or vexatiously in pursuing the appeal.