New rules for the road

The purpose of the Bill “would be to establish a Motor Vehicles Authority for the registration, licensing and regulation of motor vehicles and drivers, the regulation of road use and for matters connected thereto.”

The functions of the Authority shall include, inter alia, (a) regulation and monitoring of the use of maxi-taxis; (b) ensuring the development and implementation of motor vehicle policy, programme and standards for motor vehicles; and (c) the security, integrity, and accuracy of the information contained in the database of the Authority.

The Powers of the Authority shall include: (a) delegation in accordance with the Act any of its functions for the efficient administration of the Act; (b) charging and collection of such fees associated with the provision of its services, as may be prescribed; (c) exercise such other powers as are prescribed by any other written law; and (d) such things as may be necessary or convenient for, or in connection with, the performance of its functions.

Ministerial directives shall include:

(a) The Minister may at any time require the Authority to provide him with information concerning any matter relating to the functions of the Authority, and (b) The Authority may from time to time furnish to the Minister, a report on any matter relating to the functions of the Authority which, in its opinion, require the special attention of the Minister.

The Motor Vehicles Authority shall be charged with the responsibility for implementing and regulating the system. The Authority shall consult with (a) an Advisory Committee, appointed by the Minister; (b) the Trinidad and Tobago Police Service; (c) the Appeals Committee appointed by the Minister; (d) the Highways Division; (e) the Public Transport Service Corporation (PTSC); and (f) the Ministry of Legal Affairs.

The Authority shall also be responsible for registration of hiring cars and private school buses.

The Authority shall determine the type of vehicles suitable for use as a maxi-taxi, taking into account (a) the safety of the vehicle as a public service vehicle; (b) the convenience and comfort afforded to the passengers; (c) the availability of the vehicle as well as the availability of spare parts for the vehicle in Trinidad and Tobago; (d) the criteria by which a permit to own and operate a maxi-taxi shall be issued; (e) the route areas in which maxi-taxis, hiring cars and private school buses are to be operated; (f) the operation of maxi-taxis, hiring cars and private school buses on route areas; (g) the allocation of maxi-taxis and private school buses to specific route areas; (h) the fees required to be paid; (i) the number of maxi-taxis, hiring cars or private school buses to be allocated to a successful applicant; and, (j) the colour in which a maxi-taxi, hiring car or private school bus may be painted.

Most, if not all of the above regulations are included in the current laws, but the Authority is the Transport Commissioner, who obviously does not possess the level of resources to implement these activities.

Ever since the Traffic Management Branch (TMB) was formed in the early 1980s, operational responsibility for traffic signs and markings was transferred from the Licensing Authority to the TMB, and this continues today. In fact, the legal control for traffic signs and traffic lights lies with the Licensing Authority whereas actual implementation and administration is done by the TMB. Under the new Act, the Authority may cause or permit traffic signs to be placed, erected or otherwise marked on or near any road, highway or other public place and may authorise any traffic signs so placed, erected or otherwise marked before the date of commencement of this Act to be retained. Will TMB continue to implement, or will the TMB even exist?

The current agencies within the roads sector area are: (a) The Highways Division: responsible for the design, construction and maintenance of the major road network, including bridges and roadside drainage; (b) The Transport Division, also called the Licensing Authority: responsible for the registration and licensing of motor vehicles, the licensing of drivers and the enforcement of regulations under the Motor Vehicles and Road Traffic Act; (c) The Traffic Management Branch (TMB): responsible for traffic planning and control, the design and implementation of traffic management schemes and road safety education (about eight years ago or so, the TMB was placed under the Highways Division); and (d) PTSC: responsible for the transportation of passengers.

As of two years ago, the Ministry of Works and Transport, was broken into two Ministries: the Ministry of Works and Infrastructure, and the Ministry of Transport. The former is responsible for highways, which also contains a traffic management unit. This ministry has statutory responsibility for the National Infrastructure Development Company (NIDCO), within which the Water Taxi operations function.

However, the other ministry is responsible for transport, and includes the authority for licensing vehicles (The Licensing Authority, which incidentally holds the legal regulations for the vehicle traffic management function, currently in the first ministry). In addition the Ministry of Transport controls the water-taxi operation that is under NIDCO, which is the Ministry of Works and Infrastructure. There are other complexities involved in the break-up into two ministries, especially with the shifting of staff and responsibilities.

The proposed Motor Vehicles Authority is likely to have a number of tools necessary to undertake strategic transportation planning in order to plan the transportation development of the country on a system wide basis and thus to determine the appropriate distribution of resources within the road transportation sector.

A good start would be (1) up-to-date classified motor vehicle database by region, and (2) public transport development and management through PTSC, maxi-taxi and taxi usage and distribution.

e-mail: info@ccost.org