THE CARNAGE OUR ROADS MUST STOP

THE OTHER SIDE OF LAW

The death toll as a result of the carnage on our national road network has reached 134 and 493 injured in 1,432 accidents recorded nationwide since the year began. This alarming figure of the people who have died in road accidents just three months in the new year represent a threat that cannot be ignored.>> And the disturbing statistics come at the heel of a continental conference: The African Road Safety Conference that was held from 5 - 7 February 2007 in Accra, Ghana to map out ways of stopping the waste on Africa> '> s road network.

The conference co-organised by the World Health Organization and the UN Economic Commission for Africa, with support from a number of agencies, notably the Swedish International Development Agency, the FIA Foundation for the Automobile and Society, the Sub-Saharan African Transport Policy Program, the Global Road Safety Partnership attracted more than 250 delegates including those from Uganda.

The overall theme of the conference - road safety and the millennium development goals; reducing road traffic fatalities by half by 2015 was quite appropriate in light of the deaths so far recorded on our roads.

Among the interesting recommendations that where adopted by the African ministers at the end of the conference included the commitment by the partner member states to educate the general public on road safety matters, taking into consideration, special categories such as drivers and school children.>> The conference also called for the establishment of a lead agency that has proper legal backing, and is empowered and supported by adequate financial resources to ensure that it is well equipped and staffed with appropriately trained personnel.
> But the most significant recommendation to come out of the conference was the one dubbed . This particular recommendation calls for concerted efforts by the partner states to enforce road safety legislation, particularly those related to speed control, control of driving while under the influence of alcohol, pre-hospital and emergency trauma care, use of helmets, and enhancing visibility.

Ironically all the control measures, which were reiterated by the conference participants, are well captured in our Traffic and Road Safety Act a comprehensive piece of legislation which one can argue has been rendered redundant given the rising death rates on our roads.

The problem with our legal system is not the lack of laws rather it s the enforcement of such laws that is terribly lacking. We should also appreciate the fact that most of the reckless driving being witnessed in this country is a replay of the greedy culture in which many Ugandans are brought up.

People in this country are always in a hurry to make a quick buck for no justified reasons. Even your up-start , a fresh from the university graduate wants to earn and eat like a university professor with several years of working experience under the belt. The current recklessness of many of our drivers and road users generally could well be explained from this point of view. Your typical taxi driver is only interested in doubling or tripling a normal day'> s earnings no matter the cost to lives of his/her passengers.
And all this happens in total oblivion of the fundamentals. Traffic offences under the Act are those of strict liability where the burden of proof shifts to the accused person to show that his acts or omissions while on the road are not unlawful. In any case, the law punishes the actus reus (the wrongful act) and not the mens rea (the mental intention) as the case is in other criminal proceedings.


But the most significant recommendation to come out of the conference was the one dubbed Quick wins . This particular recommendation calls for concerted efforts by the partner states to enforce road safety legislation, particularly those related to speed control, control of driving while under the influence of alcohol, pre-hospital and emergency trauma care, use of helmets, and enhancing visibility.

Ironically all the control measures, which were reiterated by the conference participants, are well captured in our Traffic and Road Safety Act a comprehensive piece of legislation which one can argue has been rendered redundant given the rising death rates on our roads.

The problem with our legal system is not the lack of laws rather it> '> s the enforcement of such laws that is terribly lacking. We should also appreciate the fact that most of the reckless driving being witnessed in this country is a replay of the greedy culture in which many Ugandans are brought up.

People in this country are always in a hurry to make a quick buck for no justified reasons. Even your up-start , a fresh from the university graduate wants to earn and eat like a university professor with several years of working experience under the belt. The current recklessness of many of our drivers and road users generally could well be explained from this point of view. Your typical taxi driver is only interested in doubling or tripling a normal day ' s earnings no matter the cost to lives of his/her passengers.

And all this happens in total oblivion of the fundamentals. Traffic offences under the Act are those of strict liability where the burden of proof shifts to the accused person to show that his acts or omissions while on the road are not unlawful. In any case, the law punishes the actus reus (the wrongful act) and not the mens rea (the mental intention) as the case is in other criminal proceedings.

Its unfortunate however, that irrespective of all these strict measures much of our traffic laws continue to be flouted with impunity. For starters ,omnibuses, the heavy and medium goods motor vehicles and heavy tractor are supposed to be driven by a person who is well over the age of 25 and certified by a medical practitioner to be in good physical and mental health.

There are also special provisions for one to drive public service vehicles. A person under the law is not allowed to drive a public service vehicle or a private omnibus unless when he has held a driving permit for a Group B motor vehicle (motorcars) for not less than five years and completed the required tests. The law further provides that before issuing a licence to carry passengers or goods in respect of any goods vehicle, the Transport Licensing Board shall require the applicant to produce an inspection report showing that the goods vehicle has been examined by an inspector of vehicles and that a certificate of fitness to carry passengers or goods has been issued in respect of the goods vehicle.

More still the law enjoins the Minister of Transport to cause the road passenger transport Industry to be organized, as far as possible, on a route basis, and the business to be divided into express and local services so that licensed operators keep within their catchment areas and the routes for which they are licensed to ensure proper management and policing .

The question is: has the minister responsible carried out this duty? How many drivers in this country satisfy the above requirements before they taken on the responsibility of driving public omnibuses?

You will agree with me that many of the chaps that are seen speeding in the taxi commuters are school dropouts much below the age of 20 but our law enforcers will allow this to pass.
Similarly although there is a very elaborate procedure, which has to be followed before one secures a driving permit under section 42 of the Traffic and Road safety Act -its common knowledge in Uganda that many drivers get permits long before they even touch a steering wheel. Its unfortunate however, that irrespective of all these strict measures much of our traffic laws continue to be flouted with impunity. For starters ,omnibuses, the heavy and medium goods motor vehicles and heavy tractor are supposed to be driven by a person who is well over the age of 25 and certified by a medical practitioner to be in good physical and mental health.>> There are also special provisions for one to drive public service vehicles. A person under the law is not allowed to drive a public service vehicle or a private omnibus unless when he has held a driving permit for a Group B motor vehicle (motorcars) for not less than five years and completed the required tests.

The law further provides that before issuing a licence to carry passengers or goods in respect of any goods vehicle, the Transport Licensing Board shall require the applicant to produce an inspection report showing that the goods vehicle has been examined by an inspector of vehicles and that a certificate of fitness to carry passengers or goods has been issued in respect of the goods vehicle.

More still the law enjoins the Minister of Transport to cause the road passenger transport Industry to be organized, as far as possible, on a route basis, and the business to be divided into express and local services so that licensed operators keep within their catchment areas and the routes for which they are licensed to ensure proper management and policing .

The question is: has the minister responsible carried out this duty? How many drivers in this country satisfy the above requirements before they taken on the responsibility of driving public omnibuses?

You will agree with me that many of the chaps that are seen speeding in the taxi commuters are school dropouts much below the age of 20 but our law enforcers will allow this to pass. Similarly although there is a very elaborate procedure, which has to be followed before one secures a driving permit under section 42 of the Traffic and Road safety Act -its common knowledge in Uganda that many drivers ' get permits long before they even touch a steering wheel.
s the government responsibility through the traffic police helped by road safety campaigners to stop the madness on our roads.s the government responsibility through the traffic police helped by road safety campaigners to stop the madness on our roads. Next week in this column: Government should not charge Journalists under the sedition criminal law because it was declared unconstitutional. The writer is a Journalist and Advocate.> msserwanga@gmail.com> 0772 43 46 77