Do the right thing say no

July 1, 2004

Dear Sir,

Let me begin by declaring my interest in the subject matter that I wish to address. I am a taxi owner/driver and my reason for writing is to try and shed some light on the current dispute between operators and Government. I want to begin by clearing up a misconception which I believe goes right to the heart of the matter, and which will enable us to focus on the core issue of this sorry mess. Several persons have suggested that Government has superior and prior rights over owners of taxis because we are talking about a Public Service Vehicle and the Government is the Licensing and Regulating Authority. Nothing could be further from the truth.

Whenever you see the term Public Service Vehicle in any regulation or law regarding taxis, it is almost exclusively used in connection with the licence to drive Public Service Vehicles. In other words, I hold a Public Service Vehicle Licence to drive a Public Service Vehicle. The name ?Public Service Vehicle? simply describes a class of vehicle, not unlike the terms heavy truck, moped, or private car, which are descriptive of classes of vehicles.

A ?Public Service Vehicle? is just that: It may only be used for public hire service, just as a private vehicle can only be used for personal purposes ? not for hire. Just because a taxi is called, a ?Public Service Vehicle? by the legislation, it in no way grants the licensing authority proprietary rights over that vehicle or any licence. They don?t own the trucks or the bikes they licence, nor do they own the taxis. Therefore, PSV simply and solely refers to a class of vehicle and nothing else. They could have called that class of vehicle ?Star Ships? or ?Nascar?s?.

In any legislation pertaining to the vehicle itself, the word taxi is used exclusively. Therefore, the legal instrument of ownership is a ?taxi permit?, and that instrument allows me to own as many as four taxis. I bought my permit together with the car as well, on the open market at the going rate. Having paid the requisite fees to Government for both, the permit and the car were registered in my name as owner. I have the proprietary rights over both. I can sell both and I can use them as collateral for a loan or mortgage. Should the Government want my taxi permit, it must make a genuine offer which I can refuse or accept, because I am the owner and not the Government.

We know that the Government, or rather various departments of the Government, act as the licensing and regulatory authority for everything from A to Z, from inanimate to animate, two legs, four legs and none. All these licences have conditions attached to them which give rise to punishable offences if infringed and taxis have more than most. For instance, if the Government has some suspicion that a bar is in breach of its licence, do you think the Government has the moral or legal right to pass legislation that mandates all bar owners install and pay for web cams and microphones? These, when connected to recording instruments, in the control of the Government, or its agent, are used for no other purpose than to uncover possible infringements? Of course not!

But that is the Government?s stated aim in introducing this legislation in respect of the already disproportionately policed taxi industry. Improving efficiency is not the real purpose for this GPS legislation. Because, the Premier himself admitted, the introduction of the GPS will not appreciably improve the overall efficiency of taxis. That is true, because 90 percent of the work done by Taxis is just not amenable to any form of dispatching, voice or digital. Taxis will still have to queue in sufficient numbers to meet the immediate needs of clients at the airport, ships, hotels, beach, and taxi stands.

Dispatching companies have nothing to do with those areas or any prearranged work. The Government know that, which is why they insist on having the GPS to spy on taxi operators. No Government in any other parliamentary democracy would be foolish enough to try such a thing. Today it?s taxi operators tomorrow it could be undertakers! Only in Bermuda could the Government have the nerve to select a particular group of its citizens and insist on spying on the whole lot because of the transgressions of the few. The Premier?s attempt last Friday to equate our struggle simply with money, and then to offset that with the feigned offer to install the so called GPS units free, was the effort of a Government blind to the truth and uncaring of the constitutional rights of others. But unless they are deaf as well , they heard the truth in a resounding: ?No!?

That ?no? is the line in the sand which separates those who stand for the truth, that constitutional rights must be preserved, no matter what the personal cost: and those who would sacrifice unalienable rights of others, for whom they have a duty of care, on the altar of political expediency, economic self interest and subterfuge. But should we have expected any better, because that pitiful bill which linked the well deserved increases in fares to the unjust provisions making GPS mandatory, was tabled by the self-confessed ?we had to deceive you? the Hon. Dr. Ewart Brown. If the Hon. Dr. Jennifer Smith had GPS to track the comings and goings of Dr. Brown, she would still be Premier today.

Let me end with a plea to those statespersons within the Cabinet: Please, please stop this mad rush along the path of benevolent dictatorial government before you carry the whole country over the precipice into the pit of anarchy. Stop before we lose all respect for you, whom we elected in good faith, just because of one man?s machinations. Announce the withdrawal of this oppressive and offensive bill. Do the right thing and just say, Doctor, No.

Then think about what you must do to restore confidence in the decisions of Cabinet and to establish good governance, based on that which is just, equitable and fair and which establishes health and wholeness in our island home. Have the intestinal fortitude to say, ?Yes? to a genuinely New Bermuda devoid of all that which is a hangover from the old: all those old structures of sin which corrupt and destroy. Let?s all stay focused on the important issues at hand. If we truly desire what?s best for our Island home, encourage our Government to withdraw the unconstitutional and unjust GPS legislation and to establish what taxi drivers have been calling for, as long as I have been driving, a comprehensive review of the transport industry, which is the only sensible way forward.

Make a stand

June 30, 2004

Dear Sir,

To Pembroke White Chick: Isn?t it a slap in the face to see your race humiliated, degraded and made fun of for the colour of their skin and their actions? Well let me just say while I don?t agree with this type of comedy we as black people of varying colour have and continue to be discriminated against. We heard this when golfer Tiger Woods won the PGA USA Golf Open, when the comment/question was put forth by one of his arrogant white golf opponents ?What type of food are we going to serve ? Southern fried chicken and collard greens!?

Let?s also talk about when the Williams sisters rose to the top of their Tennis career and won the US Open and comments flared regarding their hair styles and muscular tone ? now these racial things are relatively recent. I don?t know your age but I think that you should do some research because ? yes whites have dressed up as blacks before and had comedy acts and there was an actual documentary about a white man who put makeup over his skin and impersonated a black man in an effort to see if he would be treated differently (a true life story) and the outcome was that he was humiliated, received racist comments and was generally not respected for his character but judged by the colour of his skin. Let?s not forget that only about ten years ago the ?KKK? was allowed to march on New York?s streets.

So don?t talk to us about prejudice or stereotyping because we live it every day. I?m not saying that it?s right or wrong to go and see these types of comedy shows because it?s the view of some people, not all. Remember you shouldn?t blame the theatres for showing these types of movies because they?re in business for the money, they are playing an impartial role and it?s your choice to go and see whatever movie they bring in or that is sold on the market. If you had listened to the commercials on the radio and seen them on TV or even done your research by reading the ad in the news paper you would have automatically known what the movie was all about.

In addition to that just take this into consideration ? you said you would never go and see another movie at the Liberty Theatre again because of the showing of ?White Chicks? but would you have decided to boycott the Little Theatre as well ? if they had chosen to show the same movie? The shoe must have been a really good fit for you to be so upset, as I?m sure that the portrayal of white girls in that movie doesn?t fit every white girl?s personality but it sure does fit some. Also, another something of prejudice to think about ? how do you think blacks felt when Little Theatre decided to reopened their doors giving it the exact same name as when they were against blacks entering their theatre many years ago? Wouldn?t you think that knowing the history of the theatre, they would have chosen a new name for a new beginning ? but they didn?t ? so what does that tell you! Remember if you are sincere about change then you must make a stand ? don?t support the films but don?t penalise the theatres.

Bring back fun tourism

July 1, 2004

Dear Sir,

How do you feel about the gambling law? Do you think that we should just build brick bubbles around all of the people of Bermuda and tell them what and when they should eat, drink and carry in their pockets? I don?t even think they should allow motor vehicles on the Island any more ? after all, look at all the people that are being killed. And ban dogs, because you never know if your neighbour is raising a killer Pit bull. And we should have a ban on sex as well, because you never know who has worn a condom! Oh and don?t swim at the public beach because you never know if some ?dirty drunk man? that brought liquor from an establishment (just like a place anywhere else in the entire world can) is going to jump out and say: ?Good Mornin!?

This country is coming to a complete and utter standstill. Let?s just forget about the outside world; after all Bermuda ?Is another World?. We have to protect the stupid and ignorant within our 21 square miles. We have to save those gambling mothers and fathers. I wonder how the Government can save the children from mothers and fathers that come home to their children every 24 hours or so and say: ?Now, now, don?t you go out with machetes and chop people , oh and don?t rob the tourists either.?

Bermuda, let?s focus on the ban of gambling because we are a good Island and a safe Island and everyone is soooooo happy! Once we get rid of gambling ? one of our big problems are solved! I am ?sick and tired? of this country being ?sick and tired?. Please Government, pull up your socks and help the people that really need to be helped, and let?s get tourism back into an energetic fun Island ? that is what?s needed!

AMEN

City of Hamilton

Well done on Wimbledon

July 20, 2004

Dear Sir,

I would like to publicly thank ZFB for its unexpected TV coverage of Wimbledon this week. The pleasure was all the more for the coverage being commercial-free. It was also free of the irritant of constant conversation, seldom commentary, that accompanies every point on American TV coverage. Well done, ZFB.

Checking the figures

June 30, 2004

Dear Sir,

What do taxi drivers really make? The facts are taxi drivers have seven productive months From April to October. Using a productive base of 12 productive hours a day Taxi?s work would equal 2,352 productive hours of income. If a taxi driver worked 80 percent of 2,352 it would equal 1,880 hours. 1,880 hours multiply by $40 equals $75,200 in seven months.

If a taxi driver worked 70 percent of 2,352 it would equal 1,644 hours. 1,644 hours multiply by $40 equals $65.760 in seven months. If a taxi worked nine productive hours a day, he would earn $360 each day. If a taxi driver worker seven days he could earn $2,520 for the week, and for five days he could earn $1,800 for the week. Taxi industry needs a commission of inquiry. The best small business in Bermuda.

Pembroke

Let the free market reign

July 1, 2004

Dear Sir,

I have been passively following the GPS debate, and on the surface, the suggestion of placing one of in each cab makes sense. A GPS will ensure that drivers service remote areas, as well as show up promptly ? or at the very least, show up at all! However, after some thought, it becomes blatantly obvious that it is not the role of the Government (any Government, in any country) to get so involved in private business. If there really is a problem with the level of service, let the free market work the kinks out.

If drivers are not servicing a particular area, or providing a low quality of service, that provider will no longer get calls. Those drivers that offer a supreme service will get the business and as a result earn a higher level of profit. This is how a free market works. People with initiative and capability attract the business, which over the long run, is better for the entire industry as if forces the slackers to raise the level of their game if they want to profit.

Furthermore, if GPS truly is the answer, an entrepreneur will recognise this and install the devises in his/her fleet of cabs. It is quite simple, if installing a GPS system boosts the level of service, then that company will surely attract more business over the long run. Ah, free markets again. Bermuda remains attractive as a place to live and do business because for the most part, the role of Government has remained relatively small. One of the reasons so many expatriates come to the island is due to the fact that their home governments now have their hands in everything, which has a cost ? insane personal and corporate taxes.

Governments were not created to make sure cab drivers show up on time. The role of governments in the beginning was quite simple ? provide security and a legal framework, fight the odd fire, and pave a few roads. Seriously, in the societies of today, that seems ridiculous, but it is true. Imagine if 15 years ago, the government insisted that all private businesses have personal computers for each employee. This in hindsight would have been an excellent idea.

However at that time, many private businesses would have said that the implementation would be way too expensive, it won?t improve service, etc. Those companies that adopted this view would have been proven wrong and would now be out of business. GPS may or may not be the answer. More government certainly isn?t. How was the level of service at TCD the last time you were down there? Or how about getting your work permit approved? Scary. Please, let the free markets work it out.

Give taxi drivers their due

July 1, 2004

Dear Sir,

I have been working in Tourism for the past 30 years. For the past 20 years or so my brother and I have owned our own business, Bermuda Incentives and Conventions, which is a company that works directly with incentive groups and conventions that visit Bermuda. We are commonly known in the industry as a DMC or Destination Management Company. Our company works with some of the biggest incentive houses in North America and our job is to provide transportation, sightseeing both by land and sea, local hospitality staff at the hotel, parties and events, entertainment, room gifts, organise restaurant dining experiences, photographers both still and video and team building events. In a nutshell we work with that incentive operator to provide a Bermuda Experience.

I have had the pleasure for many years of being directly involved in the taxi industry and many drivers are personal friends of mine. I have watched how hard they work and the hours they have to put in in order to make a reasonable living in an industry that now barely is seven months long. In most recent years with 9/11, Fabian and a generally a downturn in the American economy it has not reached even seven months.

Our company has been very affected by this past strike, in that we had a major programme in with an Incentive house that has been supporting Bermuda for many years with a customer that likes this destination. So, fortunately we have had the luxury of having this business in June for many years and I can tell you they were very disappointed and annoyed. Had they known this was going to happen they would have cancelled and taken the group somewhere else. Who can blame them?

I find it disturbing that this Government is not willing to go to any kind of arbitration with this situation. Since the public really does not know in any detail just what the problems are in the industry. Who is complaining, how many complaints are there and where do these complaints come from, and from what areas? Is it from locals, tourists, who? I, as a professional I do not see the problems that our ?People?s Government? see.

When we need cars we call a local company who gets them there on time and in most cases early. It is one of the areas our groups praise. It is expensive but it works well. They are always courteous, well dressed and the cars are clean. The hours in which a car is supposed to be on the road is old and needs to be revisited. We have 600 licensed cars on the road and let?s suppose there are 400 to 500 or so owners. The present law states that a car needs to be on the road for 16 hours a day, seven days a week. We all know that this is impossible for the owner/driver to do, but the thinking is that they find part-time drivers to work the remaining hours. If there are roughly 400 to 500 owner/drivers then they will need 400 to 500 part-time drivers to drive the remaining hours and that?s if the same part-time driver does all the extra driving. How many of you in business can find enough decent part-time help that you would trust your business with them?

If that car is in an accident, or is damaged then the owner is literally out of business for the duration of the time the car is off the road. How many of you in business are willing to put your business on the line with a part-time employee? I wouldn?t think too many of you would be prepared to do that! So why are we forcing the taxi industry to do it? We have had numerous Hotels close in the past bunch of years, in that from St George?s to Hamilton Parish there is one hotel and that hotel is becoming more of an all inclusive hotel, so no one leaves the place.

What driver in their right mind would want to hang out there? Granted there is the airport, but it is very rare that there are not enough cars. Our biggest problem is getting people out of the terminal building and not the transportation. Most of our hotels are now concentrated from Smith?s (and there are only two small ones there) to Southampton and after that there is only one hotel. So the area of our hotel industry and major business for taxis business has become very isolated. Is this where the majority of complaints come from, or are the complaints from areas that taxis are not normally in? The public does not know.

Our taxi industry suffers from the same thing that most of us who are in the tourism industry do, there are not enough bodies. Nor are there enough hotels spread evenly around the country to generate a reasonable taxi flow. So the business has become isolated. Our drivers depend on group business, which primarily comes out of one hotel and in one area and cruise ships. Cruise ships do sell lots of taxi tours, but include dinner on board, so the business from them is even more limited. So now the industry is operating out of areas where there is business to be found but only at certain times of the day.

Is it a crime to want to go after the business? Who in business wouldn?t? I believe we have many good hard working taxi drivers who work very hard to make a reasonable living in a place that?s very expensive to do so and in a very short period of time. Overall they serve our tourist industry well and have done so for many years and they deserve the right to be heard and appreciated. This Government, at the very least needs to give them their due. The public should have the facts of the so called complaints. I know my business could not survive without them.

What?s the difference?

July 1, 2004

Dear Sir,

What is the difference between throwing your money away in a gaming machine and throwing away at Crown & Anchor? Answer: One is illegal and the other is easily accessible to minors.