MINISTER PICKERSGILL OUTLINES FEATURES OF NEW TRANSPORT BILLS

Minister Pickersgill, (centre) speaking at the Press Conference. With him from left to right are Mrs. Elsa-May Binns, Snr. Director, Policy Planning and Evaluation, Dr. Alwin Hales, Permanent Secretary, State Minister, Dr. Fenton Ferguson and Ms. Valerie Simpson, Director of Policy.

Minister Robert Pickersgill on Thursday, May 19 outlined various features of the new transport authority and road traffic bills, at a press conference at the Ministry’s Corporate Office at 138H Maxfield Avenue. Matters associated with the Half Way Tree Transport Centre were also addressed.

Minister Pickersgill used the opportunity to remind the conference that the government was determined to put in place a modern public transportation system to serve the needs of the commuting public. ‘Toward that end’, he said, ‘billions of dollars have been spent from the public purse to put in place the requisite rolling stock as well as the physical and regulatory infrastructure to facilitate that objective.’ ‘That expenditure is still continuing’, he said.

The Minister highlighted the fact that various ills affected the operations of taxis; these he outlined as (a) persons operating taxis without a road license (b) operators acting contrary to their licenses (c) those persons who used to operate legally now operating illegally due to the disadvantages associated with staying legal.

It is against that background that the provisions in both the road traffic and Transport authority acts were being amended. The specific issues that the Bills are intended to address are:
· The seizure of vehicles
· The storage of vehicles
· The disposal of vehicles
· The establishment of a new class of road license called ‘route taxis’
· The inclusion of ‘route taxis’ to provide service in the Exclusive Licensing area
· The introduction of a Transport Authority Ticketing System
· The increase of the fines under the Transport Authority Road Traffic Acts

Seizure of Vehicles

Under the previous provisions of the Transport Authority Act, a Transport Authority Route Inspector or Police Constable was empowered to seize a vehicle used ‘as a public passenger vehicle without a road license being issued in respect of that vehicle to be so operated or used.’ Section 61(5) of the Road Traffic Act however has been opened to different interpretations and has caused the Transport Authority to be exposed to numerous claims and lawsuits for unlawful seizure.
The amendments to both Acts are intended to eliminate these ambiguities as to when vehicles can properly be seized and to make the provisions for seizure more explicit. Breach of the provisions will now result in the following:

· 1st offence - a fine not less than $20,000.00 or more than $40,000.00 – in default of payment, imprisonment for a term not exceeding six months ( the maximum is currently $25,000.00)
· 2nd offence - a fine not less than $40,000.00 or more than $75,000.00 – in default of payment, imprisonment for a term not exceeding 6 months.
· 3rd and subsequent offence – a fine not less than $75,000.00 or more than $125,000.00 of payment, a term of twelve months imprisonment and disqualification from holding a driver’s license for one year.
· It is to be noted that these provisions have been substituted for forfeiture.

Storage of Vehicles

Previously, Section 61(5) of the Road Traffic Act and Section 13 (3) (a) of the Transport Authority Act required seized vehicles to be kept in the possession of the Police. The Transport Authority Act has been amended to allow for the Transport Authority as well as the police to store and sell seized vehicles and recover operational costs.

Disposal of Vehicles

Under the previous provisions of the Acts, the disposal of unclaimed vehicles, which remained in the Pounds for more than six months, had to go through the administrative system of the Jamaica Constabulary Force (JCF). The Road Traffic Act and the Transport Authority Act have been amended to enable the Transport Authority and the police to independently dispose of vehicles, which have remained in the possession of both for more than six months.
Disposal will be by public auction or private treaty. Proceeds of sale will be paid to the accountant General. The Authority will be compensated for its storage, selling and any other attendant costs from these proceeds.

Once a vehicle is disposed of, the owner may make application within a year after the sale for the re-imbursement of proceeds, less the cost incurred for storing and selling the vehicle.

New Class of Road License Called Route Taxis

A route taxi used to be licensed as a stage carriage but is now being specifically provided for in the Act as a category of Licensing of PPV. Section 62 (1) of the Road Traffic Act and Sections 2 (1) and 3 (3)(c ) of the Public Passenger Transport (Rural Area) Act have been amended to create a class of road license called Route Taxis.

Route Taxis in the Exclusive Licensing Area
Within the context of an exclusive license and the holder’s obligation to supply an adequate number of seats to meet passenger demand in the exclusive license area, Sections 2(1) and 3(d) of the public passenger transport (KMTR) Act have been amended to allow route taxis to provide service in the exclusive licensing area under specified terms and conditions.
Transport Authority Ticketing System
Section 13(2) of the Transport Authority Act has been amended to introduce a Transport Authority Ticketing System. The ticket which is issued by the Transport Authority at the time of the offence, will serve as a summons. The Offender has the option of paying a prescribed penalty or contesting in Court the issuance of the ticket. Section 2(2) of the Justices of the Peace (Jurisdiction) Act has been amended to allow for a ticket issued by the Transport Authority to serve as a summons.

Overweight Vehicles
Studies have shown that overweight vehicles contribute to over 80% of the deterioration of road surfaces. As much as 10% overloading can result in halving of pavement life.
The typical heavy vehicle is at least 67% overweight (a number of units are carrying twice the legal axle loads). This causes in excess of ten times the damage of a vehicle carrying legal axle loads and cuts in half the life of a roadway based on design loads.

The relevant amendment in Clause 3 seeks to amend Section 50 of the principal Act to allow for prescribed distances for the various parishes in respect of which the operator of a vehicle is required to travel to weigh his vehicle. Under the new dispensation, the use of portable scales or weigh-bridges is facilitated. There is a provision for increasing the penalty from eight thousand dollars to twenty-five dollars for any person convicted of an offence under Section 50 of the principal Act.
The proposed fines chargeable by the Courts for overloading are as follows:
1-500kg. $5,000.00
501-4000kg. $10.00 per kg.
4001-5000kg $18.00 per kg.
5001kg up $25.00 per kg.

The amendment of the Act provides further for:
· The compulsory weighing of vehicles or trailers operating in haulage
· The removal of goods on spot from overweight vehicles
· The disposal of goods removed by the Island Traffic Authority if the owner fails to claim them within 7 days .

A number of portable scales have been acquired and they will be utilised in accordance with the new regulations.