The Government will need to bring legislative changes to the Maxi Taxi Act if it wants to remove restrictions on the ownership of banded maxi taxis allowing owners to buy and band their maxi taxis and drive wherever they please without restriction.
A move which the Finance Minister told the country in the budget was meant to open up the public transportation system.
Senior Counsel Ramesh Lawrence Maharaj who represented the maxi taxi drivers in a similar matter in 2011 told the T&T Guardian that the change announced by the Finance Minister in the 2017-2018 budget presentation “will require legislative change,” but he said the amendment “will not require a special majority since it will be removing a restriction.”
The announcement by the Minister has caused some concern not just among the maxi taxi drivers but the Opposition UNC as well. Political leader Kamla Persad-Bissessar said it seemed that the Minister only thought about the initiative when he was presenting the budget since it is not contained in the budget statement which was given out on Budget Day.
She described the decision as “a betrayal by the PNM Government.”
Persad-Bissessar recalled that in 2011, an attempt was made to remove the restrictions on the registration of maxi taxis but this was shut down by the High Court.
Opposition Senator Wade Mark said, “it is unheard of that a Minister of Finance could make such a statement on the fly, on the huff without the statement contained in the budget statement.”
He described it as a “faux pas” which reflects not just on the Minister, but “the Prime Minister and the Cabinet. How can they release a document without a fundamental policy statement, that is unheard of,” he said.
Mark was also of the view that there is need for “legislative changes if this policy is to be effected.” He felt that because the decision is changing a court ruling “it may require special majority legislation.”
Maxi-taxi drivers say they are hoping that the Government will meet with them to discuss the increase in fuel prices, the tax on tyres and the decision to remove restrictions.
President of the Association of Maxi Taxis Eon Hewitt said these measures “will impact the travelling public and we asking the Government for a meeting. This will help if we can meet with them.”
Hewitt said as far as the association knows “there is a court order” on the issue of removing restrictions to maxi taxis dating back to 2011 when the maxi taxi drivers through their attorney Ramesh Lawrence Maharaj went to court to challenge a decision by the then Minister Jack Warner to open up the industry. In her ruling, Justice Joan Charles cited the lack of consultation with the advisory committee.
In addition, he said, there was “no consultation” with an advisory committee as is provided for in the Maxi Taxi Act.
Among the representatives of the maxi taxi drivers who sit on that Committee are Hewitt, Linus Phillip, president of the Route two Maxi Taxi Association and Arjoon Sinanan, president of the Route Four Maxi Taxi association.
Phillip said if the Government attempts to implement the measure they may face legal action. This view is shared by Sinanan who said drivers are of the view that they should “legally challenge” the decision of the Minister if they have to.
The three maxi taxi members who sit on the Committee all told the T&T Guardian that there was no consultation with the Committee.
Sinanan said, “it is enshrined in the Maxi Taxi Act that there must be consultation with the advisory committee and there was none.”
The Act, he said, also has regulations governing the number of maxi taxis operating on a route.