Traffic menace: Discipline errant motorists

Dr. Wimal WICKRAMASINGHE

Writing of this article is prompted by the determination given to the police on January 25, 2008, by Chief Justice Sarath N Silva ordering it to put down all illegal sign boards of speed limits put up on main roads as hapless motorists were being forced to either face prosecution or pay bribes to get away.

This was due to existence of different sign boards giving various speed limits though the speed limit in the city should be 56 kmph and 72 kmph outside the city. This determination was given in a fundamental rights case.

The Supreme Court will normally act when an alleged injustice or offence is brought before it. How many such occurrences that have not been reported to it? The Police is generally held responsible for observance of the traffic rules and bringing the errant drivers into book.

A few of some other notable traffic violations are as follows:

(a) Non-observance of the traffic signal lights (Though this practice is one on the wane now due to strict watch by traffic police, some motorists do it when they know that the police is not posted at such places. It is the duty of the motorist to follow such signal signs, with or without the police on the scene.

(b) Non-observance of the zebra crossings (This practice has become the order of the day. It has become a calculated risk for the pedestrians, particularly the school children, to go through the zebra crossings.

In many countries, say, for example, Britain and the USA, motorists stop their vehicles when they observe that some pedestrians are about to alight to a zebra crossing.

One risk associated in Sri Lanka is that when a disciplined motorist all of a sudden stops his motor vehicle before a zebra crossing, he runs the risk being knocked down by the vehicle that follows it, presuming that the first would not stop.)

(c) Non-observance of the roundabout signals (It is the duty of the motorist to slow down his vehicle on seeing roundabout signals and then give way to the traffic that come from the right. This practice is conveniently ignored, causing either accidents or traffic jams.

(d) Non-use of signal lights (It is the duty of the motorist to use correct signal lights when turning to either the left or the right at a junction. It is noted that some vehicles do have damaged or improper signal lights or that some motorists do not care to use them - sometimes until approaching or passing the turn at the junction.)

(e) Not keeping to the lane or zigzagging between the lanes on the same side. ‘Lane Filtering’ (defined in broad terms as moving between traffic when other surrounding traffic is stationary) is still legal in some countries, including Australia although there are some technicalities that some police may book a motorist or biker for doing this.

This may depend on the discretion of the policeman at the time, taking into account the speed into account and the other vehicles around, if someone is sharing the same lane as another vehicle which is also moving or passing to the left of a vehicle. If the policeman thinks that a motorist is riding dangerously or recklessly among moving traffic, he will most likely book the errant driver.

‘Lane Splitting’ (defined as moving through traffic when other traffic is in motion, also referring to overtaking within the same marked lane in moving traffic.) is when a vehicle travels between other cars in moving traffic. He/she is more likely to be booked for this, especially if they are changing lanes without indicating or overtaking in the same lane or to the left of a car.

In Sri Lanka, lane filtering and lane splitting has become a normal thing, particularly by drivers of buses, some vans and three-wheelers. In order to avert accidents, other motorists are forced to give way to them.

(f) Crossing the white lines, single and double (The motorists are free to overtake another vehicle cutting the white staggered lines so long as they think it is safe.

But crossing a white line, particularly at a bend, is not allowed and no motorist could cross the white double lines at any stage of the journey, both resulting in committing traffic offences.

Many motorists do not adhere to these traffic rules and some of them are obviously nabbed by the traffic police. But this does not always happen.

(g) Crossing to the opposite direction of the road and trying to force into the traffic on the left at traffic light junctions (Most notable culprits are the motor cycles and three-wheelers, causing not only traffic jams but also injustice to the motorists who are on the right lane following one after another.

On some occasions, the traffic police on duty nab these errant divers but it is unusual than usual. Some three-wheeler drivers know that some police cops do get a free ride from them to and from the police station.)

(h) Over-loading (This is applicable particularly to buses and three-wheelers who constantly engage in this untoward practice. The present writer once saw a photograph in a national newspaper showing a three-wheeler carrying more than 10 cops - an unbelievable incident.)

(i) Non-wearing of helmets (No motor cyclist could either drive without wearing a helmet or allow any one on the pillion without a helmet. There are occasions on which this practice is not followed, even by policemen who take their child from school on the pillion without a helmet.

In some other countries, the right kit is stipulated, for example, the right helmet, leathers, gloves and boots which are considered a necessity for safety and comfort when riding a bike.

In many countries, safeguards are stipulated by law, for example, helmets having snug around the cheeks and top of the head, but not so tight as to either hurt or be uncomfortable; also no movement of your head inside the helmet, either from side to side or top to bottom, when you shake your head.

(j) No consideration of environmental pollution (It is true that the Ministry of Environment has given time for the motor vehicles to conform to the air pollution guidelines or withdraw the vehicles from the road. It is no doubt a good sign.

The government too has clamped down on the importation of second-hand vehicles, the age of them being not more than three years. Importation of engines and chassis for assembly of vehicles in Sri Lanka is also now prohibited.)

(k) Sale of vehicles by permit holders within five years as they have been imported free or with duty concessions. (It is said or conjectured that almost all the vehicles imported by parliamentarians and provincial council members have changed hands surreptitiously.

In other words, they own the vehicles on paper but possession has been given to others with open papers, so that they could legitimately transfer them to their names once the prescribed period is over.)

(l) Non-conformity to excellent braking systems, proper tyres and side mirrors (These are now checked only after an accident. By this time the damage is already done.)

In the UK and in many other countries, a revolutionary new alarm system or known as new multi-sensory alarm systems designed by a leading Japanese car maker are now being popularly preferred.

These can alert a driver to impending danger by emitting a shrill noise at the hint of trouble ahead as well as offering vibrating seats, seat-belts and pedals designed to wake drivers up if the car drifts off course.

The amount of air to put in vehicle tyres, or how often they should be checked are generally left to the motorists. Failure to do so is applicable to other countries as well, for example, a Victorian Automobile Chamber of Commerce (VACC) and RACV survey of 1,000 cars and their drivers in Melbourne, Australia, revealed that one in five cars had at least one unroadworthy tyre - making it illegal and dangerous to drive in this condition. It is an offence to drive a vehicle with worn-out tyres.

(m) Haphazard driving of commercial trucks, particularly 18-wheel ones, carrying containers, especially during the periods of traffic congestion. (The police has ordered that they should fly only during allocated time periods but it seems that they hardly do so, causing accidents and traffic jams. It is stipulated that these trucks and buses should confine to the left lane of the road but this practice is not followed.

(n) Insufficient education of drivers, particularly those getting driving licence with bribes given to supervisors in the Motor Vehicle Department (This has now become recurrent act, some getting licence over the counter, some without even facing driving tests.

(o) Restoration of no claims bonuses even after a claim on insurance. (One or two insurance companies follow this practice that contributes to accidents through reckless driving with no cost to the policyholders. Some insurance companies do not insist on submission of police reports, giving a wrong signal for violation of traffic rules.)

(p) Non-use of seat belts (In many developed countries, it is mandatory that the driver as well as the one sitting in front of the vehicles wear seat belts for safety reasons, without which a fine is imposed. This practice is not followed in Sri Lanka.)

(q) Parking at unauthorized places (The police has the power to tow such vehicles to police stations or some designated place at the cost of the errant motorists. Nevertheless, the police does not have sufficient staff and towing facilities.)

The above account is only a cross-section of the traffic violations in the country. Given the enormous magnitude of violence, killings and kidnappings, particularly in a state of war situation in the country, traffic violations go undetected. What a sorry state of affairs? The law-makers as well as the guardians of the law are no doubt awara of these traffic offences though the number of accidents reported is surprisingly less than what is expected.