Taxis lined up at along Georges and Market Street in Falmouth heading to South Trelawny are parked. Many commuters in Jamaica depend on route taxis as a main form of transport. The Ministry of Transport is on a drive to overhaul the system with the introduction of a colour-coding system of identification. - File

HUNDREDS OF Jamaicans are being put at risk daily by drivers operating cars and buses identified as public-passenger vehicles (PPP) but who do not have the necessary licences to do so.

"Where a driver does not have (a licence) or has an inappropriate licence, an insurer can deny liabi-lity," says Harold Won, senior underwriting manager at Advan-tage General Insurance Company, in response to questions about possible compensation for passengers injured while travelling in an unregistered taxi.

Wong's response came days after The Sunday Gleaner received the findings of a survey by the Transport Authority which showed that 14 per cent or 433 vehicles operating in the Kingston Metro-politan Transport Region with the red PPV plates were illegal.

passenger vehicles

The Transport Authority says these vehicles are not registered in their database.

Islandwide, the Transport Authority could find evidence that 2,218 motor vehicles, or five per cent of all public-passenger vehicles, were not properly licensed.

The Sunday Gleaner has learnt that some drivers have been purchasing expired PPV licence plates, which they use as cover to avoid apprehension by the police.

But so far, the police have not apprehended any drivers for this illegal activity, even though the cops say they have heard about the practice.

"It is being bandied about, but our investigations have not met up on any of those," says head of the Traffic Division, Superintendent Claude Reynolds.

He points, however, to the fact that many persons have been apprehended and prosecuted for operating public-passenger vehicles without a valid driver's licence.

"That is not strange. We find persons out there driving public-passenger vehicles without a licence. The police apprehend at least one person each day," Reynolds says.

According to the police traffic chief, some persons have been beating the system because a valid driver's licence is not a requirement when applying for a PPV licence. Under the regulations, persons can apply for a PPV licence as long as they are the registered owner of the vehicle.

The application requires that a licensed driver be named, but he or she does not necessarily have to be the owner of the vehicle.

In the meantime, local insurers are warning persons who travel in public-passenger vehicles that have fraudulent licence plates that they might have nothing to claim if there is an accident.

According to the insurers, the matter is compounded if the driver of the illegal public-passenger vehicle is negligible.

private insurance

"If that individual has on a red plate but has private insurance and he is at fault, then his insurance would not cover him," says Paul Lalor, president of the Insurance Company of the West Indies Group.

"So, the injured passengers would have no claims against the insurance company, but they would always have claims against the driver, so they can sue the driver in court," Lalor adds.

But suing the driver might be futile in many cases, Lalor says as often, the driver is "likely to be a man of straw" and will have no assets.

Likewise, Lalor says, if it is discovered that the driver does not have a driver's licence and is operating a PPV, then no claim can be made against the insurance company.

deny liability

"It would be as if their insurance didn't exist," Lalor explains.

Under the Motor Vehicle Insurance (Third Party Risks) Law an insurance company can deny liability.

Superintendent Reynolds is advising passengers to check for the driver's identification issued by the Transport Authority before boarding a taxi or bus.

"The law requires that an identification should be displayed," he says.

Under Section 8 of the Road Traffic Act (Taxis and Contract Cars) Regulations, an identification card bearing the stamp of the licensing authority and a photograph of the driver and his name must be displayed for passengers to see.