Journey
by motorcycle has increased tremendously since the inauguration of ride-sharing
services in Bangladesh. Motorcycle is being hailed as a popular means of
transportation within short time as it takes less time and cost to reach a
destination, particularly against
the backdrop of Dhaka's unbearable traffic gridlock. Another big
reason for blooming motorbikes on the road is the government's encouragement to
build motorcycle factories in the country. However, with the increase of
motorcycles, the number of road crashes has also upsurged. The number of
casualties in motorcycle crashes has increased in recent times due to high
speed, uncontrolled movement, reluctance to use standard helmets and other
safety gears, excess passenger and cargo transportation on motorcycle, lack of
adequate training, improper law enforcement etc. In this situation, it is known
from the media sources that the government is going to formulate a policy called
the Motorcycle Movement Policy 2023 to regulate motorcycle movement in the
country. The Road Transport and Highways Division, Bangladesh Road Transport
Authority, Bangladesh University of Engineering and Technology (BUET), Police
and Roads and Highways Department are involved in the policy making process. Despite the concern how effectively it
will be implemented, the newly drafted policy was a long felt one to address
the reckless motorcycle movement.
The
most controversial matter in the policy is the 30 kmph maximum speed limit for
motorcycles in the city. Young motorcyclists opined that the 30 kmph speed
limit inside city will increase the chances of road crash as the speed limit is
not applicable to other motor vehicles like car, bus, truck etc. and just
slowing down the motorcycle speed will create scope to hit motorbikes from
behind by other vehicles.
This
is the major flaw of the policy as it does not propose same maximum speed limit
for all other motor vehicles in city. In order to ensure road safety in almost
all countries of the modern world, the maximum speed limit for all classes of
motor vehicles in cities is 30 kmph. This speed limit is even lower in schools,
hospitals, densely populated areas etc. A question may come where the average
speed of Dhaka city is decreasing day by day for traffic congestion; why would
the maximum speed limit be fixed at 30 kmph? Because in urban areas there are
more pedestrians on the roads while pedestrians walk and cross the road
randomly. Pedestrian deaths are increasing due to speeding. Research shows that
a pedestrian hits by an automobile traveling at 30 kmph has 80 percent chance
of surviving. Furthermore, due to the growth of using bicycles, pedal-powered
e-cycles, low-speed mobility scooters for differently able people; the speed
limit for all motor vehicles in cities worldwide is 30 kmph. Controlling the
speed of motorcycles alone without controlling the speed of other vehicles will
not serve the purpose rather crate anarchy on roads. Therefore, the government
should determine the maximum speed limit in urban areas for all classes of
vehicles immediately.
The
draft policy has banned the movement of motorbikes on highways with any pillion.
This is not consistent with the much-discussed Road Transport Act (RTA) of
2018. Section 49(1)(f) of the Act stipulates that a motorcyclist shall not
carry more than one pillion. Therefore, there is no scope to prohibit the
carrying of a pillion under the proposed policy whereas the main law allows the
same. There is no doubt that the biker and the pillion will suffer severe
causalities if any collision happened on the highway. The committee might have thought
the fatality in that case, but there is no opportunity to import a new
provision in the policy which is contrary with the original law. Thus,
amendment of the RTA is necessary to include restriction for carrying pillion
on highways.
However,
in addition to standard helmet, the draft policy obligates the bikers to mandatorily
wear other safety gears like chest guard, knee guard, elbow guard,
ankle-covering shoes or sneakers, full-finger gloves, full pants and full
shirt, and anti-lock braking system on the motorcycle for highway movement. This
provision will play significant role in reducing the loss of life in road crash.
The
recommended policy also bans pregnant women, elderly people and children below
12 years of age from riding motorcycles on any road, which is undoubtedly a
good thought. However, if the age is not defined for elderly person, many may
face harassment on roads. Moreover, in case of pregnant women, a time limit may
be fixed that a pregnant woman cannot be a motorcycle rider after certain month
of pregnancy. Children are the most vulnerable as riders on a motorcycle ride.
In various countries, riding a motorcycle is prohibited before the child
reaches a height where he can safely sit on the footrest of the motorcycle, and
it is from that spirit that our draft policy has set a minimum age limit to
ensure the safety of the child. However, since there are no restrictions on
these matters in the RTA; provision can be added to allow the government to
impose restrictions on riding motorcycles by amending the RTA. Otherwise, the
good intentions of the policy makers may be challenged for contradicting the
original law.
Recently,
there has been an increase in the trend of long-distance journeys by motorbikes,
especially during the festive seasons, and to curb this trend, the draft has
recommended a 10-day ban on motorcycling on highways before and after festival
periods like Eid, Puja etc. Mainly due to scarcity of bus/train tickets,
exorbitant price hikes, indiscipline on the highways etc. bikers are influenced
to travel long distances on motorcycles. Nonetheless, it remains questionable
about the reasonableness of 20-day suspension during festival. Long journeys
during festival may be considered by ensuring adequate safety measures,
imposing strict speed limits and proper enforcement of laws. Otherwise, a large
section of citizens who themselves are paying taxes to the government for using
roads will be deprived of enjoying their rights.
The
recommendation to check driving license before selling motorcycle and not
handing over the motorcycle before registration is commendable. It will control
unregistered and unlicensed motorcycle driving. But to make the initiative a
success, license verification by the vendor needs to be facilitated.
Manufacturers, sellers or distributors should ensure registration and licensing
as part of their social responsibility to cooperate with the government. Additionally,
the proposal to give two standard helmets to the buyer is also praiseworthy. Many
countries around the world have found success following this model. In recent
times the use of substandard helmets has increased vastly, resulting severe fatality
in road crash which can be prevented by this initiative.
Scooty
type motorcycles are relatively safer than sporty motorcycles. Because its
speed is low, control is easy, in case of an accident, biker can lower legs
from both sides and come to a stable state quickly, etc. Hence the draft policy
calls for tax exemptions to popularize scooters and tax hikes on relatively
unsafe sporty motorcycles; which is admirable. In addition, some
responsibilities of manufacturers, assemblers, distributors and related persons
such as training on riding and first aid before selling motorcycles, providing
manuals with motorcycles, distribution of pamphlets (handbills, leaflets,
posters and stickers) relating to road safety etc. has been incorporated in the
policy to reduce motorbike crash.
According
to Bangladesh Passenger Welfare Association, 2,533 people were killed in
motorcycle crashes in 2022, which is more than two and a half times than in
2018. Bangladesh tops in the world in motorcycle crash deaths. In 2021 with the
support of the World Bank, in a study on road safety on 16 countries (including
Bangladesh) where motorcycles travel more, the Accident Research Institute of
BUET found that 28.4 people die in accidents against every 10,000 motorcycles
in the country every year. About 40 percent of them are 24 to 30 years old.
This death rate in motorcycle crash is the highest in the world.
Three
objectives have been mentioned in the draft Motorcycle Movement Policy: 1. reducing
road crash by regulating motorcycle movement; 2. encouraging the safe use of
motorcycles and the relatively low-risk use of motorcycles and 3. raising
awareness among motorcyclists. Therefore, it can be said that the proposed
policy can play a leading role in reducing road crash, dropping risk and
increasing awareness. However, before finalizing the policy, it is necessary to
increase its acceptability based on the opinions of all stakeholders and bring
consistency with the original law or else an auspicious venture will be nipped
in the bud.
Published as Sub-editorial on Dainik Bangla on 3 March 2023 at page 8.
Published as Lead Op-ed on the Daily Observer on 5 March 2023 at page 5.
Published as Lead Op-ed on the Daily Standard on 13 March 2023 at page 15.