Introduction

The sector of passenger transport and parcel delivery in Senegal is changing, marked by the rise of taxi-motorcycles and two-wheelers called "tiak-tiak". However, this rapid development has not yet found an adequate regulatory response.

The "tiak-tiak" invade the streets without being framed by specific laws, raising issues of safety, regulation, labour law and consumer protection. This article explores the need for pragmatic regulation to frame these activities while taking into account the perspectives of each stakeholder involved.

1. An informal activity and its implications

a. Lack of registration and authorization

The majority of "tiak-tiak" are operated by natural persons not registered in the Trade and Furniture Credit Register (RCCM) and act without any official authorization.

This situation poses a major problem in terms of traceability and control by the competent authorities. Without a clear legal framework, it is difficult to guarantee the safety of users and effectively regulate this activity.

b. Road safety and insurance

The "tiak-tiak" often operate without insurance, thus increasing the risks in case of accidents. The recurrence of accidents involving these motorcycles and the sometimes reckless behavior of their drivers raise serious concerns.

A strict regulatory framework is needed to impose safety standards and insurance obligations, thus protecting users and drivers themselves.

2. Labour Law Issues

a. Working conditions of young drivers

Some motorcycle investor owners employ young drivers under precarious conditions, often with a daily minimum payment obligation. These practices, on the fringes of labour legislation, require special attention to ensure decent working conditions and fair pay.

b. Labour regulations

It is imperative that the authorities put in place specific supervision on the implementation and supervision of the work of the drivers of "tiak-tiak".

This includes formalized employment contracts, clear remuneration conditions and appropriate social protections.

3. The challenges of administrative regulation

a. Multiplicity of authorities

The regulation of transport and delivery activities by motorcycle is hampered by the multiplicity of competent authorities. If parcel delivery is the responsibility of the regulatory authorities in the postal and telecommunications sector, the transport of persons is under the jurisdiction of the Ministry of Transport. This fragmentation complicates the development and application of coherent regulation.

b. Clarification and coordination of competences

Greater coordination between the various authorities is essential for effective supervision of the "tiak-tiak". A revision of the regulatory texts could clarify the competences of each entity and facilitate the establishment of a unified and pragmatic framework.

4. Fiscal and social impacts

a. Tax evasion

The unmanaged activities of the "tiak-tiak" result in a loss of tax revenue for the State. By integrating these activities into the formal framework, the state could not only increase its tax revenues, but also offer improved public services to drivers and users.

b. Social inclusion

Adequate regulation would make it possible to integrate "tiak-tiak" drivers into the formal system, thus offering them access to social protections and benefits that their current informal status does not allow them.

5. Contribution to e-commerce development

a. Major role of the "tiak-tiak"

The "tiak-tiak" play a crucial role in the development of e-commerce in Senegal. By ensuring the fast and efficient delivery of parcels between companies and individuals, they support the expansion of e-commerce, a growing sector. Their flexibility and ability to navigate quickly in congested urban areas make them key players in urban logistics.

b. Challenge of consumer protection

However, the absence of regulation exposes consumers to significant risks. The "tiak-tiak" acting without authorization or insurance, users take risks in terms of personal security and protection of their property. In case of loss, theft or damage of parcels, the remedies for consumers are limited, stressing the urgency of a regulatory framework to protect their rights.

6. Public Safety and Related Risks

a. Criminal activities

The absence of regulation facilitates the diversion of "tiak-tiak" activities by malicious actors, thus increasing the risk of insecurity. Cases of attacks by "tiak-tiak" drivers illustrate this growing threat.

b. Strengthening of controls

Strict control and driver identification measures are needed to prevent these abuses. The introduction of formal licensing and centralized registries could go a long way toward improving public safety.

Conclusion

Faced with the rise of the "tiak-tiak" and the many issues they raise, it is urgent to adopt pragmatic and adapted regulations. Such an approach would not only ensure the safety of users and drivers, but also clarify working conditions, strengthen controls and maximize tax and social benefits. The Senegalese authorities must address this issue to develop an effective legislative and regulatory framework, ensuring a harmonious and secure development of these activities.