There has been a continued use in T&T of what we refer to as “PH” taxis, despite them being illegal. These PH taxis are generally found on routes which are not covered by any other type of regulated or public transportation.
Consequently, where the average citizen is unable to obtain regulated transportation, the individual is often left with no other choice but to use these private taxis in order to reach their final destination. As these “PH” taxis continue to be in use, it is important to understand what happens if one is injured in an accident while in a “PH” taxi.
According to the Motor Vehicles and Road Traffic Act Chapter 48:50, no person shall drive on any road a taxi registered as such unless he is the holder of a taxi driver’s licence issued to him by the Licensing Authority. The Act also provides that one shall not use a motor vehicle for a purpose other than which it is registered for. It is therefore an offence under the law of Trinidad and Tobago for individuals to use motor vehicles, which are solely registered for private use, to transport people for profit or gain. As a result of the illegality of this practice, citizens who make use of this type of transportation do so at their own risk.
The Motor Vehicles (Third Party Risks) Act Chap. 48:51 provides that the insurer of a motor vehicle must indemnify its policyholder (up to a certain limit) against any claims arising out of an accident involving the insured.
In the case of ‘PH’ taxis, if the motor vehicle is indeed insured for private use only, and an accident occurs, the insurance company may not be obligated to honour any claims arising from the use of the motor vehicle in a manner in which it was not insured for in the first place.
Injured passengers may, however, bring a claim for negligence against the driver of the “PH” taxi or any other party involved in the accident. Such claims will be determined by the Magistrates Court in cases where the damages suffered are less than $50,000 or the High Court, where the damages exceed $50,000.
It is important to note that any party bringing such a claim before the court must rely on evidence such as police reports, medical records and the testimony of witnesses. Furthermore the injured party would need to prove that the offending party acted in a negligent manner causing the accident to occur.
Where the insurance company refuses to honour such a claim and judgment is awarded by the court, an injured passenger is not guaranteed to recover any monies if the offender cannot afford to personally pay the judgment sum.
As the very popular ride sharing service, Uber, prepares to launch in Trinidad and Tobago, it is left to be seen how the company will comply with current regulations.
This column is not legal advice. If you have a legal problem, you should consult an attorney-at-law.