Only those who are hired by a recognised commercial motorcycle company or who are members of a recognised tricycle transport union are permitted to operate a commercial motorbike or tricycle, also known as “okada.”
In order to update the current Road Traffic Regulations, 2012 (Legislative Instrument 2180), a new Legislative Instrument (LI) is being draughted that includes this provision, which forbids operations without membership in a recognised union and sets the minimum age for riders at 25.
The Minister of Transport, Joseph Bukari Nikpe, stated that the government was implementing a new licensing system to improve the surveillance of commercial motorcycles and tricycles and guarantee that operators fulfil the required competency standards during a national stakeholder consultation on the draft LI 2180 in Accra on Monday.
“The welfare and safety of the okada riders and passengers is our first priority. At the meeting, which was the first of a series of nationwide consultations to review LI 2180 and pave the way for the official operationalisation of Okada, a thriving youth business, Mr. Nikpe stated that some provisions in the regulations will cover the mandatory use of helmets, periodic inspections, and rider training.
Representatives from the Ghana Police Service’s Motor Traffic and Transport Department (MTTD), the Ghana Private Road Transport Union (GPRTU), the association of okada riders, heads of pertinent departments and agencies, business professionals, civil society organisations, and transport operators attended the consultative meeting.
Proposed conditions
The proposed laws stipulate that an individual is not permitted to ride or operate a commercial motorbike or tricycle unless they are employed by or are a member of a licensed commercial motorcycle or tricycle transport union.
It is illegal to operate a motorbike or tricycle for fare-paying passenger services in breach of sub-regulation (1)’. Violations of this provision will result in a fine of 100 penalty units, a period of imprisonment, or both.
Background
Over the past ten years, tricycles and motorcycles have grown to be an essential component of Ghana’s transportation infrastructure. They are particularly helpful on last-mile trips and in places where taxis and other conventional paratransit vehicles (trotros) have trouble operating.
In many urban areas, especially in the country’s north, tricycles and motorcycles have essentially taken the role of more conventional forms of public transportation.
However, the difficulties in using them have increased along with their popularity. Road traffic crashes and fatalities using these cars have sharply increased, according to the Transport Minister. He also mentioned the necessity for an organised governance system for the industry, safety standards, and the disdain for traffic laws.
Committee
To increase okada riders welfare, job stability, and safety, former President John Dramani Mahama has been promising to enact strong laws governing the commercial usage of motorbikes and tricycles during the 2016 election campaign.
Representatives from the Office of the Attorney General and Ministry of Justice, the Ministry of Youth Development and Empowerment, the Ministry of Local Government, Chieftaincy and Religious Affairs, the Driver and Vehicle Licensing Authority (DVLA), and the National Road Safety Authority comprised the 13-member committee that the Minister of Transportation established last month. The Ministry of Transportation serves as the committee’s chair.
The committee’s assignment was to create a draft regulatory framework that prioritises safety, inclusivity, and innovation for the use of tricycles and motorbikes for fare-paying passenger services.
The group created a draft framework after multiple engagements, which was given to stakeholders during Monday’s meeting.
Objectives
According to Mr. Nikpe, the goal of the stakeholder consultation was to get grassroots feedback in order to improve the regulations that were being developed. He asked attendees to have an unbiased conversation about the problems and suggest workable solutions that may be adopted and put into action.
“We hope to develop a comprehensive and robust regulatory framework that will endure for Parliament’s consideration through this dialogue,” he said.
Other Provisions
According to the draft regulatory framework, an individual can only operate a commercial motorbike or tricycle if they are registered as a limited liability company, partnership, union, society, cooperative, or similar entity under the Companies Act, 2019 (Act 992).
In his presentation of the framework, Daniel Essel, Head of Road Transport Services at the Ministry of Transport, clarified that an operator needs to maintain a minimum fleet of 50 vehicles in each of the eight administrative regions, or as decided by the regulatory body after consulting with the Minister of Transport.
Along with adhering to additional requirements set forth by the DVLA and district assemblies, operators must also embrace a uniform dress code that has been authorised by the regulatory body.
While commercial motorcycle or tricycle unions must renew their licenses annually and adhere to a code of conduct issued by the Minister, riders must apply for and renew their licenses every two years.
All registered members must be listed on an electronic database, and unions must plan yearly retraining or refresher courses for their riders in coordination with the regulatory body.
District Assemblies
Subject to the payment of a certain price and the satisfaction of certain requirements, the law gives district assemblies the authority to provide permits for commercial motorcycle or tricycle unions to operate within their territories.
Terminals and stands in their locations must be designated or approved by assemblies.
According to Mr. Essel, unions are required to look into and keep track of any infractions of the code of conduct as soon as possible, and there are consequences for infractions.
Riders
In order to be eligible to ride commercially, candidates need to:
Be at least 25 years old.
Have a current National Identity Card
Pass an eye test, oral and theoretical exams, and a commercial motorcycle/tricycle competency test.
Finish the training according to the authorised manual and curriculum.
A unique yellow license plate with black text will be given to motorcyclists upon certification. They have to supply a certified helmet for pillion riders and wear a certified helmet with a special number on the rear. Additionally, riders must abide by all speed restrictions and traffic rules.
