By Daniel Gwarbarah
Prime Minister, Ephraim Inoni, has ordered commercial motorcyclists (benskins) to comply with government rules or face the wrath of the law. A decree signed by the Prime Minister, December 31, stipulates in articles II and III that two or three-wheeled motorcycles devoted for the public transportation of persons shall operate [only] in peri-urban and rural areas clearly mapped out by competent municipal authorities.
According to the decree, the bendskins must obtain a special transportation licence of Category S2 alongside a road public transport card to be issued by the Ministry of Transport; a certificate guaranteeing the technical safety of the motorcycle (even though brand new motorcycles in use for less than six months are exempted); a valid insurance policy; a windscreen licence; inscription of the motorcycle in the transporters’ register and so on.
Meanwhile, the obtention of the S2 licence requires a set of documents such as a completed stamped application form to be designed by authorities in the Transport Ministry, a certified copy of the national identity card, a certificate of non-conviction and a receipt indicating the payment of an amount into the public treasury for the issuing of the S2 transport licence.
The complete application files for the licence, according to the decree, can be submitted at the Regional or Divisional transport services while the authorities concerned have a maximum of 30 days to issue such licences.
It clarifies that if after this period the applicant is not informed of the rejection of his or her file, the licence is considered accorded.For the “carte bleue” to be issued by the Divisional Delegate of Transport or the competent Chief of Service, the applicant must furnish a completed stamped application form; a matriculation certificate of the motorcycle; a certified copy of the Category S2 special transport licence; a certified attestation of inscription of the motorcycle in the transporters’ register; attestation of an insurance policy that covers the passenger, the rider and the motorcycle itself.
The validity of the carte bleue, the decree states, would be limited to the expiry date of the insurance policy of the motorcycle. Apart from the multiplicity of documents needed to smoothly operate in the sector, those engaged in the occupation must be of age at least 18 years, possess a driving permit of Category “A” as well as a category “MT” certificate of aptitude.
The decree notes that the conditions and modalities for obtention of these certificates would be spelt out by a separate text from the Ministry of Transport. In addition to a matriculation number as well as identification numbers to be attributed to riders by the council authorities, all tanks of the commercial motorcycles must be painted yellow.
The machines must have a single seat for two persons (one for the rider, the other for the passenger); two driving mirrors; a tool kit; complete lighting and horning facilities; functional brakes; shock absorbers at the back and in the front; helmet for the rider and the passenger; amongst others.
Riders are also required to obligatorily put on the helmets and special jackets whose colours would be determined by council authorities. However, it has been argued that sharing helmets among passengers may transmit some diseases.
Sanctions
Licences of riders are subject to suspension or total withdrawal in cases of established falsification; identification of motorcycles in use that were fraudulently acquired; absence of a valid insurance policy and carte bleue; imprisonment that results to loss of liberty as well as other pertinent crimes brought forward against riders by the Divisional Consultative Commission.
The text fixing conditions and modalities aimed at regulating activities of the sector gives the traffic police the competence to sanction defaulting operators in accordance with the law. The decree becomes applicable after six months.
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