The Proposed Motorcycle Movement Policy 2023 of Bangladesh is Commendable; But…

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.

There has been a negative reaction among the motorcyclists, riders, pillions, manufacturers, traders and users about the proposed restrictions recommended in the draft policy. Riders and users were aggrieved because of the ban on the Padma bridge and highways during festive times, harassment of motorcyclists by the police in the name of random stopping and checking on the roads and for various other reasons. At this moment, the proposed policy has added fuel to that old fire. In addition, due to the vagueness on some points, exclusion of bikers and manufacturers from the policy making processes, non-clarification of the concerns raised by the riders etc. have influenced them to protest against the draft policy. However, the object to formulate the policy is novel as it aims to reduce road crashes by ensuring safety for the bikers, pillions and users. Now the government needs to connect the stakeholders with the objectives of the recommended policy and clarify the ambiguities questioned by them.

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.