When I take a taxi —or an Uber, sometimes— and we find ourselves stuck in one of the traffic jams, I often hear the driver comment: “They can’t keep bringing more vehicles into Costa Rica. Everyone wants to buy a car and we no longer fit.” Of course, the problem is not that there are too many vehicles, but that there is an absence of efficient, comfortable, and safe public transportation that offers a real alternative to the private car.
Public transportation is not a minor issue. It is the backbone of an organized society. When it works well, people move, work, consume, receive education, and enjoy their free time. When it works poorly, citizens are forced to invest a disproportionate share of their income in a private vehicle that, in many cases, they should not need.
The Political Constitution of Costa Rica guarantees freedom of movement (Article 22), freedom of commerce (Article 46), and the right to education (Article 78). All of these guarantees require, in practice, mobility. It is not possible to exercise them without the ability to travel in a reasonable manner.
The movement of people and goods constitutes the necessary mechanism for the exercise of the freedoms of commerce and enterprise, and for the exercise of nearly all other freedoms. We are not speaking only of freedom of movement in the sense that one is permitted to come and go, but of freedom of movement as a factual prerequisite for the exercise of constitutional liberties. Those who cannot move efficiently, safely, and accessibly are at a disadvantage in exercising their rights. There is, therefore, a direct relationship between the quality of public transportation and the individual’s capacity to enjoy their fundamental rights.
The reality is that public transportation service in Costa Rica is deficient. Buses do not have reliable schedules, routes do not respond to the real needs of the population, wait times are excessive, safety is precarious, and there is no clear information about the service. There is no application that allows a user to know in real time when their bus will arrive. The system operates as if it were designed to discourage its use, and that is serious, because it forces people to depend on private vehicles as the only reasonable means of transportation.
The Costa Rican State has failed in this regard. It has established a system of private route concessions, setting fares and defining the operator’s profit margins, but it has not promoted mechanisms that guarantee service efficiency or an effective system of accountability from the concessionaire to the user. Concessions are granted, renewed, and maintained without the user having a voice or real instruments to demand dignified service, and this results in a constant deterioration of the service. The dynamic should be different.
Bus and transportation services should be so efficient that people feel invited to use them instead of their vehicles. Public transportation should motivate people to leave their cars at home, and that is only achieved through quality: regular frequencies, reasonable wait times, safety, comfort, and cleanliness. Today, none of that exists, and the State seems incapable of enforcing it upon the concessionaire. The consequence is that people do not use the bus because it is not a viable option, but rather an imposition for those who have no other alternative.
An efficient, comfortable, and safe public transportation service, with sufficient information, constitutes an invitation for everyone to use it as a reliable alternative. That is the path to combating traffic congestion, reducing pollution, and improving the quality of life of millions of people.
This topic requires deep debate and concrete public policies. If you would like to learn more about how the Costa Rican legal framework addresses public transportation and user rights, we are prepared to assist you. Contact us.
Article written by Lic. Ramón María Yglesias Piza, Bar No. 6165, Costa Rica Bar Association.
This article is for informational and opinion purposes, and does not constitute legal advice or counsel. For the execution of any action derived from the topics discussed, please contact us.
