Waiting for a suitable traffic law

Regulation of road transport and traffic system has assumed an importance of immense magnitude in the economic welfare of the country. Unplanned growth of the sector, poor road condition and excessive use have already caused much harm to the sector.
Commercial production of motor vehicles started in 1908 and the then British rulers enacted Motor Vehicles Act within 6 years in 1914, which was replaced after 25 years by a new law, the Motor Vehicle Act, 1939. Since then, it has changed its name three times: East Pakistan Motor Vehicles Act 1939 (1947), The Motor Vehicles Act, 1939 (1972) and Motor Vehicles Ordinance 1983 (MVO 1983). Despite the changes, lack of significant improvement in the structure and scope of the laws rendered these ineffective and not suited to the situation of the present times.  
To be suitable to the changing nature of demands relating to vehicular movement associated with a host of other social and economic factors, it is important that provisions of the law should be able to address the present and foreseeable future road traffic needs. But the MVO 1983 that currently regulates road traffic in the country is very rigid to be adapted to the changing needs of time. Experts are of the opinion that it has now become obsolete.
The existing law has no provision to regulate manufacturing and assembling of vehicles. It has no provision for authorising the regulatory authority Bangladesh Road Transport Authority (BRTA) for issue of driving licence and renewal of the same. The procedures of registration, issuance of number plates are not in conformity with law. MVO '83 originally regulated only motorised vehicles. Gas and battery driven engines are not yet incorporated in the law and issue of certificates of registration and fitness certificates for CNG and battery driven vehicles is beyond the jurisdiction of the MVO. BRTA has no standard of compliance for air pollution, carbon emission and no legal provision for deciding on phasing out of vehicles or fixing age limits of vehicles etc. The regulation and certain actions of BRTA are contrary to the legal provisions. Hence MVO 1983 has no relevance to the sector it is intended to regulate.
The government has at last realised that things can not run the way it is being run now. A World Bank funded Clean Air and Sustainable Environment (CASE) Project has been authorised by the government to revise the MVO. An expert committee has reportedly drafted the Road transport & Traffic Act 2011 (RTTA Act), which is now awaiting final approval of ministry of communication.
The proposed RTTA appears to provide necessary regulatory provisions for all road users. It has the provision of some shared responsibilities among the regulator and local government agencies. RTTA empowers the local government organisations to prepare and enforce some of the regulatory functions. Provisions have been made to provide legal backing for the preparation and use of the Highway Code and the Traffic Sign Manual. Besides, elaborate legal provisions have been made to control traffic on the highway to ensure efficient and smooth flow of traffic.
The proposed law has new clauses pertaining to pedestrians on the roads or highways. Where a footpath is provided and its use is practicable, it will be considered unlawful for any pedestrian to walk along and upon an adjacent roadway. Every pedestrian walking along and upon a road or a highway, shall make use of footpath while proceeding along, and when there is no footpath available, shall use the 'shoulder' or right hand edge of the road way facing oncoming traffic. Where neither a footpath nor a shoulder is available, any pedestrian walking along and upon a road or a highway shall walk as near as practicable on the outside edge of the roadway, and if on a two way roadway, shall walk only on the right side of the roadway.
The  schedule of 'on spot fines' as given in MVO 1983 has been omitted from the new law and has been proposed to be in the Rule to be formulated later. Offences of the schedule are very minor in nature and financial penalty does not exceeding few hundred taka in fine. Since the nature of the offence may change due to introduction of new technologies and traffic control procedures and methods, it is appropriate not to include it in the RTTA but make it part of the Rules of the regulating authority. Provisions have also been made in the RTTA to ensure obligations of the manufacturers, assemblers and dealers as well as buyers' privileges.
The draft law also provides for some specific obligations in respect of drivers and road accidents, and accident investigation has been made a requirement under the RTTA. Provisions have also been made for mandatory use of helmets and seat belts, while use of mobile telephone and ear plugs has been barred. There is the requirement of additional drivers and attendants in driving or attending a heavy or a light locomotive, or a vehicle providing service at night. The driver, and in certain cases, owner of the vehicle shall pay compensation in case of hit and run accident.
The government or the regulating authority shall maintain or shall cause a fund to be maintained, for compensation in respect of the death of, or grievous injury or non-grievous injury involving treatment in a hospital of any person as an in-patient, resulting from hit and run accidents.
A new provision in the draft law relates to unobstructed traffic flow and parking on payment. There are provisions for lane discipline, rights of emergency vehicle, pedestrian crossing, duty of the drivers and pedestrians, obligation of non motorized vehicles etc.
The proposed law has a landmark suggestion to provide greater regulatory control on the possession of a motor vehicle by a citizen. The provision shall make it a mandatory requirement for a citizen to obtain a government authorisation to possess motor vehicles.
The proposed law is currently lying pending because of objections raised by some stakeholders. The government should expedite its actions towards resolving the issues through consultations. The nation needs a modern and effective traffic law to fit in the needs of the time.
shah@banglachemical.com