The Tribune

BY ANNELIA NIXON

TRIBUNE BUSINESS REPORTER

anixon@tribunemedia.net

THE BAHAMAS Taxi Cab Union (BTCU) has accused the Department of Road Traffic of “cherry picking” the law by threatening action against taxi drivers over potential road blockages while, it claims, failing to address what it considers unlawful operations by livery drivers.

Union president Tyrone Butler’s comments followed a statement from the Department of Road Traffic’s Acting Controller, Kelsey Munroe, warning taxi and livery drivers that any protest or industrial action must remain lawful and peaceful, and that blocking or intentionally impeding roads and access to airports, hotels, cruise ports and other facilities would not be tolerated.

Mr Munroe said deliberately preventing or interrupting the free flow of traffic, or allowing a vehicle to remain in a position that causes an obstruction, is an offence under the Road Traffic Act.

He warned that those involved could face police intervention, prosecution and other penalties, while public service drivers found to have intentionally created an obstruction could have their licences suspended or revoked following an investigation.

However, Mr Butler said the department must apply the law equally to both sides of the ongoing dispute between taxi and livery operators.

“Maybe they would want to start by respecting the law on both sides,” Mr Butler said. “They can’t choose which side they want to protect.

“You can quote all of this stuff that the law says, but how I find it very curious is that he doesn’t quote the section of the law that says livery drivers have no legal right to be operating in the fashion that they are. But rather suggesting that taxi drivers are the bad guys.”

Mr Butler accused the Road Traffic Department of selectively enforcing legislation against taxi drivers while overlooking what he described as breaches by livery operators.

“Tell them they should not cherry pick us,” he said. “If they want to be responsible or are asking us to be responsible, they should be responsible in their discourse and execute the law as it is stipulated in the Road Traffic Act.”

He questioned the department’s approach to the dispute, arguing that taxi operators should not be pressured into negotiations with livery drivers whom the union believes have no legal standing to operate alongside them or solicit passengers in the manner they currently do.

“You cannot force us to negotiate with somebody that has no legal standing,” he said. “Is that what they’re trying to do? Ask us to entertain lawbreakers? Really? The law is for everybody, not just taxi drivers. The law should be for the controller also.”

His comments come after the Department of Road Traffic appealed to all stakeholders to remain at the negotiating table, following reports that the BTCU does not intend to continue participating in discussions with representatives of the livery industry.

Mr Munroe said the department believes “respectful dialogue is the most responsible way to resolve longstanding issues within the public transportation sector” and urged all parties to reconsider any decision to withdraw from the discussions.

But Mr Butler said the union’s primary concern is the impact government policy is having on taxi operators rather than how the dispute could affect tourism.

“Our concern is not how it impacts tourism,” Mr Butler said. “Our concern at this point is that we are concerned that taxi drivers are being impacted every day by the decision of the government, the controller of Road Traffic, the minister, and all who continues to say that taxi drivers should share their working space and their work with livery drivers.”

He argued that greater attention should be placed on what he considers the rights of taxi drivers and questioned why the government has not directly addressed the union’s concerns over livery operations.

“People asking all these questions of the taxi drivers and the president of the taxi union,” he said. “What happens to the rights of the taxi drivers? The question really should be to the minister, the prime minister, the attorney general, the commissioner of police: how is it that one particular franchise in this country, when the law says you have no right to be there, everybody is allowing them to do all of this stuff, and then you want to focus only on the taxi union?”

Mr Butler maintained that the government has the ability to resolve the dispute but has instead allowed tensions between the two sectors to escalate.

“It isn’t the taxi union that’s creating the chaos in this country,” he said. “It is the livery. It is the government.”

“The government could fix this mess today.”

He also questioned why the Road Traffic Department’s statement focused on the conduct of taxi drivers without, in his view, addressing the legal basis for livery operators to solicit business in the same space.

“When he wants to quote the law, tell him the law also says there’s no provision made in law for livery drivers to be operating next to taxi drivers or soliciting business,” he said. “I notice that he conveniently doesn’t speak to that. Why does he and the minister and everybody avoid addressing the question?”

The dispute comes as the government continues efforts to address longstanding tensions between the taxi and livery sectors, with the Road Traffic Department maintaining that dialogue is necessary to reach a workable solution.

Mr Munroe stressed that public service licence holders have an obligation to operate responsibly and with regard for public safety and convenience, while Mr Butler insisted that any enforcement of the law must apply equally across the transportation sector.

“Maybe they would want to start by respecting the law on both sides,” Mr Butler said. “The law is for everybody, not just taxi drivers.”