Proposed road laws may show some light at the end of the tunnel

Published by The Bangla Tribune| August 7, 2018. (link Here)

Proposed road laws may show some light at the end of the tunnel The sudden death of a loved one is harrowing for any family and this is certainly an unfortunate event. More often than not, we find ourselves unprepared when it happens. It becomes even more so if the person happens to be the family’s main breadwinner. If it’s the death of the bread earner, dealing with an unforeseeable cut in the main source of household income may seem overwhelming when the family members are coping with the grief and loss emotionally.

Deadly road accidents usually occur in Bangladesh almost every day, when hundreds of thousands of people take to the road, killing them and leaving their family nowhere to go. In 2016, only during Eid-ul-Azha holidays, at least 265 people were killed and 1,153 were injured in 210 roads, railways and waterways accidents according to a report compiled by Passenger Welfare Association of Bangladesh. Most of the road accidents occur mainly due to reckless driving, speeding for earning extra money, lack of training, faulty roads, unsafe lane changes, improper turns, tailgating, allowing extra passengers, plying of unfit vehicles etc.
Thousands of voices raised in protest and outrage against the reckless and aggressive drivers and against the whole transportation system, following the recent death of two teenage students.

We already have traffic laws like The Motor Vehicles Ordinance 1983 and other laws but these are not sufficient to safeguard the passenger’s safety. Bangladesh Road Transport Authority has drafted the “Road Transport Act, 2018” which if strictly implemented may show some light and the citizens perhaps can sense a spark of hope for fewer traffic accidents. Key features of the draft ‘Road Transport Act 2018’ Section 103 of the proposed law says no matter what this act states, if anybody gets fatally injured or killed in a motor vehicle-related accident, it would be considered as an offence under the relevant sections of the Penal Code, 1860.

If anybody causes an accident by reckless and negligent driving and kills or injures someone severely, such person would face a maximum sentence of five years in jail or a fine or both, no matter what section 304B of the Penal Code articulates, reads the draft. The offences under section 103 of the draft act are non-bailable.
Further, upon investigation by the law enforcement agencies, if it is found that a driver has deliberately committed a killing or has not averted a killing in a road accident, the matter would not fall within the scope of section 103 of the draft act. Rather, it will fall under either section 302 or 304 of the Penal Code. The maximum punishment under section 302 of the Penal Code is the death penalty and punishment under section 304 is life imprisonment.
Under the proposed draft punishment for driving without a license is 6 months jail or Tk.25,000 fine or both. For over speeding, violating traffic signals and using wrong routes the perpetrator has to face 3 months jail or Tk.10,000 fine or both. The new draft states, the drivers must have education not below eighth grade. The minimum age has been fixed as 18 to obtain a driving license and 21 for a professional license.

The draft has introduced a very interesting new provision of keeping 12 points for a driver. The driver will lose points for committing offences like driving under influence, illegal overtaking, reckless and aggressive driving, and violation of traffic signals and speed limits. When the points come down to zero, the driver’s license will be revoked. As per the draft law, 22 types of directives must be followed to drive motor vehicles, and a person may face imprisonment for up to three months for violating those. Using mobile phones while driving will lead to one month in jail or Tk 5,000 fine.
Law alone is not enough to prevent road accidents. Once the consciousness and necessity are understood and we start to realize about our obligation towards the value of life of each and every human being, the rate of accidental death can be reduced. Many innocent lives have been killed like insects as aggressive driving has become a child’s play. Every concerned person has to realize that every single life is precious and valuable which cannot be compensated by any amount of money.

Miti Sanjana is a Barrister-at-law from Honourable Society of Lincoln’s Inn, an Advocate of Supreme Court of Bangladesh, and an activist.