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by pltm
(PLTM) - A taxi driver sought the intervention of the Complaints Commissioner after his taxi permit was abruptly refused by the Department of Motor Vehicles (DMV), leaving him without means to provide for his family.
Jeff (name given) also claimed that the Director of the Taxi and Livery Commission, Mr. Dameon Percival also did not give him a hearing.
The disgruntled taxi driver told the Complaints Commissioner's Office that his taxi permit was suddenly refused without notice, on account of a conversation he had with a passenger regarding taxi fares. He said he wasn't given a warning nor an opportunity to give his side of the story.
The taxi driver claimed that he wrote the director explaining the conversation and requested a meeting with him, but the director did not respond. He also telephoned the director some 15 times.
This action, the Complaints Commissioner stated in the office's annual report, left the driver without earnings from his main business.
The taxi driver said that it was distressing, especially at Christmas time as he could not adequately provide for his wife and two infant children.
The report indicated that the instrument refusing his permit was a letter from the Commissioner of Motor Vehicles, Kye Rymer, stating, "Based on recommendations from the Taxi and Livery Commission, the Commissioner of Motor Vehicles would like to refer to the Road Traffic (Taxi Cap) Regulation, 1993, section 7 (6) (c) which prohibits the Licensing Officer from granting an application for renewal of taxi license on the grounds that the applicant 'is of bad character or repute'. Therefore, the application of your Taxi Permit T-XXX is hereby denied".
The letter further noted, "The Taxi and Livery Commission will therefore guide you through the steps and procedures necessary for your permit to be reinstated".
However, according to the driver, the director of the commission did not do the latter.
The principal legislation concerning the matter is the Road Traffic Act Cap 218 of the Laws of the Virgin Islands (Revised Edition 1990). A 1993 Amendment to the Act introduced section 47A which states, "No person shall operate a taxi cab unless he is licensed and registered under any regulations made in that behalf under this Act".
A 'taxi cab' is defined as a "motor vehicle for the conveyance of passengers for hire or reward."
In the Complaints Commissioner's report, it was stated that due to this incident, a number of recommendations were made to the Taxi and Livery Commission covering the reinstatement of the license with conditions of standards to be maintained by Jeff; a manual of procedure; a service charter of services provided; and a Demerit Point System be prepared as mandated by Regulation 8 of the Road Traffic (Taxi Cab) Regulations 1993.
Further, it recommended an improved ticket for taxi violators be prepared; a review of the membership of the commission to ensure an attorney is a member; a review of the regulations to clarify roles of the director of the Taxi and Livery Commission and the Commissioner of Motor Vehicles and remove duplication or internal contradictions; among others.
The Complaints Commissioner however noted that these matters have not been finalized as of writing the report, but have been submitted to the Ministry of Communications and Works for further processing.
The manual of procedure and service charter are still in draft.
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