Commercial drivers have raised concerns over the gradual slipping away of the Gambian transport sector to non-Gambians.
Drivers say the government of the Gambia through the License Department issues driving licences to non-Gambians making the sector so open, thus depriving citizens of getting jobs in the sector.
"We have seen drivers who acquired Gambia's commercial driver's licence and they are driving commercial vehicles. This is contradicting the Motor Traffic Act. The Act specifically deprived non-Gambians from acquiring driving licenses for commercial driving purposes. This was to make sure that Gambian youths get jobs in the driving sector," taxi drivers at Bambo, Serrekunda explained.
The requirements for one to acquire a driving license are clearly stated in the Motor Traffic Act. The Act states that a person who is not a citizen of The Gambia shall not be issued with a license under the Act unless he or she holds a valid driver's license from his or her country of origin; presents a medical certificate from a recognized medical doctor certifying that he or she is of good health; and he or she possesses any of the following documents from his or her country of origin- (i) a birth certificate, (ii) a National Identity Card, or (iii) a Passport.
The Motor Traffic Act
The Gambia's Motor Traffic Act is a colonial law, which was enacted in 1948. Since then, it has gone through some forms of amendments but not in its entirety.
Part IV (Licensing and Registration of Drivers Driving Licenses) on the application for a driver's licence states that: "A person shall not be issued a license under this Act unless that person has attained the age of eighteen years or above".
Issue of license: TheActfurther stated that on due application, and payment of the prescribed fee, the licensing authority might issue a driver's license to the applicant.
A driver's license may authorize the holder to drive- motor vehicles in general: (b) motor vehicles of any particular class; or (c) motor vehicles of any particular form of construction.
"A driver's license other than a provisional driver's license shall, unless previously revoked or surrendered, remain in force for three years from the day on which it is issued," the Act stated.
Drivers' View on the Motor Traffic Act
Commercial drivers said the Motor Traffic Act is an old law that needs to be amended to meet the realities of the current situation of the transport sector.
"Some of us are not educated. Any time we have dialogue with the executive members of the Transport Union, they always tell us that there are provisions that are not implemented by the authorities and there are other provisions that need to be removed because they don't represent the realities of what is happening in the sector," one Mustapha Dampha, a taxi driver narrated.
Mr Dampha said the license department issues licenses to drivers every year, but the law stated that licenses should last for three years, asking: "Why are they renewing licenses every year?"
"I am not saying that the Act is bad, but it does not represent the current realities and needs to be amended. The transport sector should be preserved for only Gambians," one Assan Bah, a van driver said.
Bah said the transport sector can provide jobs to thousands of Gambians if properly managed.
"The government should make sure that all those who have licenses and are not Gambians surrender their license. The sector should be preserved strictly for Gambians alone," he opined.
"Since I was elected as the president of the transport union, I have advocated and will continue to advocate for the Motor Traffic Act to be revisited," said Omar Ceesay, the President of the Transport Union.
Mr Ceesay said the transport sector could create more employment opportunities for young people.
"The Act is not bad, but it contradicts the current realities. For instance, how drivers acquire their license does not tally with the Act. The Law is a colonial law, which is one of the oldest laws currently existing in this country," he said.
Ceesay said if the government works closely with the transport union, they would be able to come up with something that would address the concerns of the sector.
"As drivers, all we need is for the government to provide a level playing ground for both the drivers and the government. For instance, the government can generate a lot of revenues from the transport sector if there are good laws and structures like car parks among others," he said.
The transport union boss said if the current situation in the transport sector persists, the country would lose the sector to non-Gambians.
"Non-Gambians are indeed acquiring driving licenses; we always come across very strange dramas. In the case of the Tuk Tuk, it is the worst because most of the people driving them are non-Gambians, but to fight it is difficult because the Law does not classify where Tuk Tuks belongs," he said.
The License Department and GRA
An anonymous staff of the Gambia Revenue Authority (GRA) who granted an interview to this reporter on condition of anonymity, said it is true that the Motor Traffic Act states that driving License should last for three years.
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"The government came up with this idea of license renewal yearly because they want to be collecting revenue from the issuance of license on yearly basis, as we all know that the Gambia relies on tax," the GRA anonymous staff stated.
The anonymous staff said the government and its agencies are aware of the need to review the Motor Traffic Act.
"I worked at the Licenses Department for many years, and some people indeed acquired licenses without being properly scrutinized but the licensing department cannot be blamed for the present situation of the transport sector," an anonymous police officer told Foroyaa.
This police officer acknowledges that the officers working at the licensing department are trying to make sure that they implement the legal requirements of acquiring a license.
"At the license department, there are lots of misconducts that sometimes occur there, but it will be difficult to hold those responsible to account. There are some people, who acquire their license without going through the required process," the officer narrated.
This officer said sometimes the malpractices start from the grassroots because if a non-Gambian can acquire a birth certificate.
"That is where the whole issue starts. At the license department, we cannot go down to investigate that," he said.
