News
Court of Appeal grants interim relief, allows foreigners to drive three-wheelers
The Court of Appeal bench, comprising Justice Dhammika Ganepola and Justice Adithya Patabendige, has granted interim relief to Tuk Tuk Rental (Pvt.) Ltd., to continue to operate in terms of the existing legal framework, regardless of the declaration that foreigners could not drive three-wheelers on the basis of having international driving permits.
The petitioner moved court recently in the wake of Police Headquarters declaration that international driving permit holders wouldn’t be allowed to drive three-wheelers. The respondents were Transport, Highways and Urban Development Minister Bimal Rathnayake, Ministry Secretary Prof. Kapila C.K. Perera, Commissioner General of Motor Traffic Kamal Amarasinghe, IGP Priyantha Weerasooriya, Automobile Association of Ceylon and Attroney General.
The petitioner challenged the bid made to prevent foreigners, who obtained permission from the Automobile Association of Ceylon, to drive three-wheelers. The petitioner also wanted the Commissioner General of Motor Traffic Kamal Amarasinghe to recognise the covering permits issued by the Automobile Association of Ceylon and the IGP to issue necessary instructions to countrywide police stations not to take action against foreigners driving three-wheelers.
The Court of Appeal said that upon consideration of the submissions of all Counsel, the principal issue that arises for the determination is whether the applicable legal framework governing the present matter is the Motor Traffic Act or the Motor Car (Convention) Ordinance, together with the Regulations made thereunder.
The learned Presidents’ Counsel appearing for the Petitioner and the 5th Respondent contended that Regulation 22(2) made under the Motor Car (Convention) Ordinance expressly authorises bona fide tourists to drive motor vehicles in Sri Lanka upon compliance with the prescribed requirements, and that the impugned document marked P10 by which foreigners who have obtained permisison from the Automobile Association of Ceylon are prohibited from driving three-wheelers is inconsistent with that statutory regime. It was further contended that the Respondents, by issuing and seeking to implement P10, have acted in excess of jurisdiction and in a manner that is ultra vires the governing legal framework.
In contrast, the learned State Counsel submitted that the matter falls within the scope of the Motor Traffic Act and that foreign tourists holding International Driving Permits are not eligible to operate three-wheelers in Sri Lanka.
This Court is of the view that the rival contentions raise a serious and substantial question of public law, namely, whether the impugned decision embodied in P10 constitutes an unlawful restriction imposed without statutory authority or whether it represents a permissible exercise of regulatory power under the applicable legislation.
At this stage, it is sufficient for this Court to be satisfied that a serious question of law exists for determination.
Further, this Court is satisfied that if P10 is permitted to operate pending the final determination, the Petitioner’s business operations and the permits already issued by the 5th Respondent would be adversely affected. On the other hand, the granting of interim relief merely preserves the status quo ante existing prior to the issuance of impugned document P10 until the legality of that decision is conclusively determined.
In these circumstances, this Court finds that the threshold requirements for granting interim relief have been satisfied.”
News
AKD warns of far reaching economic consequences of Middle East war
President Anura Kumara Dissanayake yesterday called for an immediate and peaceful resolution of the escalating Middle East conflict, warning that the crisis could have far-reaching repercussions on the global economy, including Sri Lanka.
Addressing Parliament, the President stressed that no military conflict benefited humanity, particularly at a time when destructive military technologies were rapidly advancing.
“Any military conflict does not create a favourable situation for any group of people,” he said, urging all parties to make urgent commitments towards peace. “As Sri Lanka, our position is that all parties involved in this war must, as soon as possible, take steps toward a peaceful world.”
He cautioned that Sri Lanka could not remain insulated from the fallout from the conflict, noting that disruptions to global oil and gas supplies, threats to migrant workers in the Middle East, and potential shocks to tourism, remittances, shipping and aviation were real concerns.
A national programme was being formulated to mitigate the impact, he said, adding that its success would hinge on broader international efforts to restore stability, the President said.
Acknowledging public anxiety shaped by past economic hardships, President Dissanayake said social stability could not be ensured through rhetoric alone but required tangible guarantees that citizens would not face another crisis.
While noting that the government had successfully navigated multiple challenges since assuming office, he described the Middle East situation as distinct due to the uncertainty surrounding its duration and outcome.
The government, he said, was closely monitoring developments. The Central Bank had conducted a review with a report on the likely economic impact expected shortly. The Ministry of Finance is also preparing an assessment of the potential effects on public life, alongside measures to ensure the uninterrupted provision of essential services locally and for Sri Lankans overseas.
“The primary responsibility for finding a path out of the crisis rests with the Government,” he said, calling on Parliament and the public to collectively confront the challenge under a unified national plan.
Providing a detailed account of the country’s energy reserves, the President said storage capacity rather than supply remained the key constraint. Excluding the Indian Oil Corporation tanks in Trincomalee, total storage capacity at Kolonnawa and Muthurajawela stands at approximately 150,000 metric tons.
Diesel stocks were currently sufficient for 33 days, with refining contributing around 1,800 metric tons daily. Petrol reserves will last 27 days, with a 35,000 metric ton shipment due on March 7 or 8 expected to extend availability to around 40 days.
Aviation fuel stocks are adequate for 49 days, supported by both daily refining and imports. Scheduled shipments include vessels from RM Parks on March 14, Sinopec on March 17, IOC on March 21 and the Ceylon Petroleum Corporation on March 28.
Crude oil supplies were sufficient to operate the refinery for 26 days, with an additional shipment expected to extend operations by a further 18 days, the President said.
“Because of this, there is no crisis regarding oil,” the President assured Parliament.
News
Pope invited to visit Sri Lanka
President Anura Kumara Dissanayake has invited His Holiness Pope Leo XIV to visit Sri Lanka.
The official invitation was handed over by Minister Bimal Ratnayaka to the Vatican’s Under Secretary for Relations with the States, at the Vatican, yesterday, during the Minister’s official visit to Italy, the President’s Media Division said.
News
New Tourism Act to strengthen legal action against visa violators
The government is in the process of drafting a new Tourism Act to address legal loopholes that currently prevent the prosecution of foreign nationals who engage in unauthorised activities while on tourist visas. Speaking at a certificate awarding ceremony for the Vocational Initiative for Sustainable Ambassadors in Tourism (VISA) project at the Royal Kandyan Hotel, Suranjith Wavita, a member of the Presidential Task Force for Tourism Development, stated that the current Tourism Act No. 38 of 2005 was flawed as it does not prescribe specific punishments, beyond deportation, for such offenders.
Wavita highlighted that a significant number of foreigners, including Chinese nationals, had been deported over the past three months for working as illegal tour guides and engaging in various trading activities. He explained that due to a shortage of Chinese-speaking local guides, travel agents often brought in “Tour Leaders” from abroad on tourist visas, which was a serious violation. The proposed new legislation aimed to empower the Tourist Police Division to arrest and produce such violators, ensuring stricter enforcement than mere deportation.
The new Act is being formulated by a committee of experts, based on various proposals and ideas to make it mandatory for anyone involved in the tourism industry to be registered and properly trained. To facilitate this, the government has already lowered the basic qualifications required for registration, allowing more locals to enter the profession legally and prevent the negative impact of unauthorised operators on the industry’s future.
Discussing the industry’s growth, Wavita noted that Sri Lanka was now aiming for an annual target of three million foreign tourists. He specifically mentioned the success of the 311-km “Pekoe Trail” in the central highlands, which attracts around 500 tourists daily and helps channel tourism income into plantation-based communities.
He also emphasised the importance of environmental protection, noting that since 25% of Sri Lanka’s flora is endemic, some foreigners enter the country with the intention of “biopiracy,” making the role of trained local guides crucial in safeguarding natural resources.
The VISA training project was implemented by the National Cleaner Production Centre (NCPC) and ASSIST, with the support of VFS Global. The event saw the participation of high-ranking officials, including Manpreet Singh Aurora (Senior General Manager, VFS Global), H.C.P. Jayaweera (Director General of National Botanical Gardens), and Samantha Kumarasena (CEO, NCPC).
Wavita concluded by praising the increasing participation of women in the tourism sector, describing it as a vital contribution to both the industry’s progress and the national economy.
By S.K. Samaranayake
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