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Oversize cars

Historically, Cabinet Ministers have had the discretion to make exceptions to laws, usually when it is determined to be in the public interest.

For that reason, Ministers of the Environment have the power to vary zonings when a development like a hotel is seen as being important to the local economy. Or the Finance Minister could provide tax relief for a period of time to help a sector of the economy or a particular area.

Few people would disagree with that principle, provided it is not abused.

The Minister of Transport has the power to allow in cars that exceed the restrictions on size and engine power ratio, and again, there might be good reasons for this. A handicapped person might require a larger vehicle than the law permits in order to have independent means of transport.

But the variances that have been given on car sizes have not always followed this altruistic approach. Since 1998, a funeral home has been allowed to operate a limousine, and other funeral services were offered the same option, although none seem to have taken it up.

Now, the limousine is very popular with grieving families and that is fine. But it is difficult to say just how the overall public interest ? as opposed to the funeral home?s interest ? was served. Still, it could be argued that an entire industry would benefit.

Then former Works Minister and current Premier Alex Scott bought a lot of oversize cars for Ministers. Even then, the Government could argue that other officials, including the Governor, the US Consul General and the Premier had oversize cars, so some kind of precedent had been set. Still, one has the sense the cars were bought for no reason other than to make the Ministers feel important.

The latest known variance on large cars makes no sense at all. Sandys resident and Progressive Labour Party trustee Henry Talbot was given permission to bring in an oversize Mercedes.

Transport Control Director Kevin Monkman said there were two reasons for permission being given. One was that car sizes were going to be increased anyway and Mr. Talbot?s car fell within the new dimensions. The legislation had the support of the Opposition, so this was simply a matter of giving Mr. Talbot early approval to bring in the car.

Mr. Monkman admitted that the car?s power ratio, but he said that was an oversight he made when reporting to Transport Minister Ewart Brown, who has now taken on the Tourism portfolio as well.

The second reason given was that the Minister had the power to make the exception under the law.

Now every schoolboy knows that just because you can do something doesn?t mean you should. Whenever a Minister makes an exception to the law he is sworn to uphold, he should have a very good reason for it, and ?it?s going to be law soon? or ?it?s been done before? doesn?t cut it.

Dr. Brown can no more guarantee that this law change will pass than he can force taxi drivers to accept GPS. Just because the Opposition says it will support the bill does not mean it will, and the Senate could still block it.

Beyond that, it is impossible to see where the public interest lies in making this exception. Instead this will be seen as yet another sign of a Government that does not seem to think that it is governed by the same laws as the rest of the community. And that?s just not good enough.