News Analysis: Of promises, of legislature
Road transport and traffic management, over a period of time, has gone through major changes, but road safety remains one of the most serious social concerns in Bangladesh and emerges as a "man-made epidemic".
Every day, people are dying in road accidents in different parts of the country. The roads remain as chaotic as it was. Unlicensed drivers continue to drive public transport recklessly. Unfit vehicles continue to operate. Traffic rules are violated grossly and openly. Vehicles are parked almost everywhere. Pedestrians cross roads at their will.
And one of the reasons behind the anarchy on roads is the lack of a comprehensive legislation -- that meets international best practices and ensures any offensive crime receives most fines and punishments -- and its proper execution.
Following a rise in frequency of road accidents and persistent demands from road safety campaigners, the government years back moved to update the Motor Vehicle Ordinance-1983, which became irrelevant in terms of punishment for traffic-related offences.
The ordinance stipulates a jail term of seven years as the maximum punishment for causing death by reckless and negligent driving. However, the Ershad government reduced the term of imprisonment to three years by amending the relevant law following truckers' protests in 1985.
Road safety campaigners continued to press that the 1983 ordinance does not cover many relevant issues and demanded increasing the punishment to at least 10 years for causing death to a person by rash driving.
The government then prepared a draft of the Road Transport Act in early 2017.
In March 2017, the cabinet approved in principle the proposed legislation. But it got shelved at the law ministry for more than a year for vetting amid opposition of transport owners and workers to some of its provisions.
In August 2018, the government was apparently forced to place the draft act before the cabinet following street agitations for road safety in the wake of the deaths of two college students in the capital on July 29.
Road Transport and Bridges Minister Obaidul Quader at that time said the aim of the proposed law would be to bring discipline in the road transport sector and reduce road crashes.
The cabinet approved the proposed act on August 6 and parliament passed the act on September 19 that year.
But the government did not make the law effective till November last year on a plea that formulation of rules of the act has not been completed.
On April 7, 2019, Law Minister Anisul Huq, after a programme at Jatiya Press Club, told this newspaper that the formulation of the rules is a must for execution of some of the sections. So, they will make the act operational after enactment of the rules.
The government in October last year announced to bring the law into force from November 1. But the rules could not be framed even today.
In the meantime, leaders of transport associations -- powerful due to their affiliation with different political organisations, including the ruling party -- started opposing various sections of the law immediately after enactment of the law.
Two organisations of transport workers observed strikes in September and October 2018, mainly to bring changes to the act.
Their demands included revoking the Tk 5 lakh fine for causing road accidents, making all accident-related cases "bailable", and reducing the mandatory educational qualifications from class-VIII to class-V for getting a driving licence.
The situation turned violent when the government took initiative to enforce the law in November last year. Transport associations called strikes demanding that the government not penalise drivers of commercial vehicles even if they violate some key sections of the act.
The government then pledged not to put into effect several sections of the act till June this year. For instance, the government decided not to penalise those who drive large vehicles with licences meant for light or medium vehicles until June this year; the deadline was then extended for another year.
It waived until December this year fines for not renewing driver's licences and vehicles' fitness documents on time.
It also decided not to penalise illegal parking and modified vehicles till June. But when a mobile court of Bangladesh Inland Water Transport Authority (BIWTA) in August took actions against illegal parking, transport workers announced a strike and later postponed the programme after the authority assured them of compensation.
Moreover, some sections of the new law can't be executed in absence of rules. For example, the new law stipulates setting up a new system to deal with compensation-related issues after a road crash.
As per the act, the formation of the trustee board and a fund for giving compensation regarding road crashes would be regulated by the rules.
Even Bangladesh Road Transport Authority (BRTA) has to depend on previous rules to carry out their day-to-day functions in the absence of the rules.
When the authority could not start implementation of the law fully, leaders of transport associations continuously pressed for bringing amendment to the law. And they were successful, to some extent.
A committee, formed with three ministers to look into how the Road Transport Act-2018 could be implemented, has already decided to propose some changes to the act.
Headed by Home Minister Asaduzzaman Khan Kamal, the committee proposed reducing the fines stipulated under several sections for traffic law violations.
While citizens are witnessing the authority's dillydallying over implementation of the law, they simultaneously hear lofty promises given by the road transport and bridges minister.
Three days after he took charge of the ministry for the third term in January last year, Obaidul Quader said bringing the road transport sector under discipline will be his first priority.
Taking charge in May the same year after two months of illness, Quader reiterated that ensuring discipline in road transport would be the "biggest challenge in my second innings".
Even in December last year while speaking about his main challenge in 2020 he said, "My first, second and last words would be discipline."
Responding to how successful he has been in bringing discipline to the road transport sector, Quader, also the general secretary of the ruling Awami League, admitted his failure and said, "No. I haven't. We have to go a long way."
Meanwhile, the government in October last year formed a taskforce headed by the home minister to implement 111 recommendations given by Shajahan Khan-led committee for curbing road crashes and bringing discipline to the sector.
One year has gone by but the taskforce could not start its work. It held its first meeting in November last year and was scheduled to sit again within two months but no such meeting took place.
In the meantime, a police report on road crashes paint a gloomy picture.
Despite the Covid-19-induced shutdown for two months, a total of 2,211 people were killed in 2,291 accidents till July this year as per police figures, which are significantly lower than that of road-safety organisations.
Last year, 4,138 lives perished in 4,147 road accidents, the report said.
Amid this situation, the country will observe National Road Safety Day today for the fourth time. The authorities have chalked out several programmes where promises will be made again.
But the roads will remain as dangerous as before unless the authorities are firmly determined to bring an end to this "man-made epidemic" and act accordingly.
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