The users of perhaps the most convenient form of transport in Sri Lanka more often than not are left haggling with trishaw drivers at the end of a hire as many still prefer to operate without installed fare meters while others with meters refuse to switch it on for short distances. However, as a result the popularity of metered taxi services among the public have increased in the recent past. But, to those who have and continue to endure similar scenarios the new gazette published by the Ministry of Transport and Civil Aviation on January 9, setting out various regulations for three wheelers while seemingly reining them in, making it mandatory for all three wheelers to instal meters, among a number of other requirements can be seen as a welcome change.
The new gazette appears to be a reproduction of a similar gazette issued in 2013 which included almost identical regulations, but was not put into action despite being championed by many Three Wheeler unions themselves, with some even seeking the help of the courts to have it put into action.
Nevertheless, the Ministry of Transport and Civil Aviation is now determined to implement the new regulations put forward by the gazette, from April 1. While upon first glance the regulations imposed appear mainly to be positive, however, they have left Three Wheeler owners and drivers disgruntled.
Speaking to the Sunday Observer, Chairman, All Island Three Wheel Owners’ Association (AITWOA), Sudhil Jayaruk says, his association has major concerns regarding four regulations imposed by the gazette. Jayaruk points out that these regulations are impractical and therefore necessary amendments will be proposed to the Ministry of Transport and Civil Aviation.
“The new gazette claims a meter is mandatory but nowhere does it speak of the quality required of the meter or the regulation of fares” he said, adding that this cannot be acceptable and will allow drivers to charge passengers varying rates leaving some open to be cheated by dishonest three wheeler operators. According to Jayaruk, establishing a regulatory authority can solve such issues and implementation of the regulations prior to such a move is premature and damaging.
Jayaruk also found fault with the regulation which allows six children to be transported in a three wheeler at a time. He questions the safety in allowing this. ¨Children tend to play around and some trishaws carry many schoolchildren” he said, adding that this is an extremely dangerous situation. Therefore, the association says their suggestion is that this regulation should be revised to allow only four children to be carried in a three wheeler at one time.
Other regulations such as, requiring a driver to hand over any parcel left behind by a passenger to the Police as well as issuing receipts to passengers have left the association disgruntled. ¨Allowing a driver to claim that the parcel was left behind might put in place a loophole for drug peddlers¨ he says. According to him therefore, this regulation will have to be revoked and instead training should be given to drivers to ensure that no parcels are left behind before the passenger sets off. Jayaruk also claims that issuing receipts is not cost effective and is environmentally damaging. ¨With 800,000 taxis on the road daily, not only issuing receipts is impractical but can pollute the environment as well¨ he maintained.
According to Jayaruk AITWOA will challenge the gazette and will request amendments be made to it before implementation along with the National Regulatory Authority for Three Wheelers, be established. ¨We will not allow the implementation of this gazette otherwise,¨ he threatened.
To the President of the All Island Three Wheeler Drivers’ Union, Lalith Dharmasekara, the removal of certain regulations in the 2013 gazette through the new one imposed appears to be dubious.
¨This gazette has come into place based solely on the efforts of unions such as ours¨ he claimed adding that however, the removal of certain provisions is lamentable. According to him the 2013 gazette had set out that fares should be displayed in the trishaw, while the regulations ensuring the quality of meters installed too is no more. The section setting out duties of a passenger has been axed as well.
¨Earlier the requirement was to display the contact details of the licence issuing authority or relevant association number, but this has now been revised to say must display the number of the Police division the trishaw belongs to¨ he said, questioning whether it is an attempt to suggest that three wheeler drivers are prone to criminal activity. He says, while an emergency can be of many sorts, implying that it will always require the assistance of Law and Order cannot be accepted. While expressing his displeasure at such regulations, Dharmasekara claims he too will make new suggestions to be included in the gazette, such as, making a lit taxi sign mandatory as well as requiring drivers to be fully insured to ensure the safety of passengers. He also suggests that not abiding by regulations and laws put in place should also lead to the cancellation of the taxi licence while fare regulation is of utmost importance.
Dharmasekara claims the union will move the courts if the Ministry does not heed to the industry’s concerns.
However, Secretary to the Ministry of Transport and Civil Aviation Nihal Somaweera has now announced that the new gazette setting out regulations for Three Wheelers will be strictly enforced through the Police from April 1. While the Three Wheeler associations are expecting a regulatory authority to be established, Somaweera however questions the need for more implementation agencies. According to him it will not be cost effective. ¨We have the Police to implement, so though discussions are on do we need yet another agency¨ he questioned.
According to the Secretary a grace period has been given to three wheel operators to instal meters and adhere to other regulations set out by it. Consequences for those who do not abide by these regulations in the way of fines or other forms of penalties will be introduced in the near future he said.
The Ministry Secretary ensures that all suggestions and concerns of relevant parties will be looked into. Clarifying the removal of certain regulations from the new gazette, according to him these regulations will have to vary in each area as per requirement. ¨We will speak to provincial transport authorities and address these concerns¨ he has now promised.