The proposed Motorcycle Movement Policy 2023 is commendable. But...

Motorcycle usage has increased tremendously since the introduction of ride-sharing services in Bangladesh. Motorcycles are becoming the transportation of choice, namely because it is cheaper and it is faster. It is easier to navigate Dhaka's unbearable traffic gridlock with a motorcycle. Another reason for the increase of motorbikes on the road is the government's push to build motorcycle factories in the country. 

However, with the increase in motorcycles, the number of road crashes has also gone up. Some of the causes behind the increase in casualties are speeding, reluctance to use standard helmets and other safety gear, excess passenger and cargo transportation, lack of adequate training etc. 

According to the Bangladesh Passenger Welfare Association, 2,533 people were killed in motorcycle crashes in 2022, which is more than two and a half times that in 2018. Bangladesh tops the world in motorcycle crash deaths. 

In 2021 the Accident Research Institute of BUET with the support of the World Bank conducted a study on road safety in 16 countries (including Bangladesh) where motorcycles ply the streets more, and they found that 28.4 people die in accidents against every 10,000 motorcycles in the country every year. About 40% of them are 24 to 30 years old. This death rate in motorcycle crashes is the highest in the world.

According to media sources, the government is planning 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 policymaking process. Despite the concerns regarding how effectively it will be implemented, the newly drafted policy was much needed to address the increasingly dangerous motorcycle movement.

There has been a negative reaction among motorcyclists, riders, passengers, manufacturers, traders and users about the proposed restrictions recommended in the draft policy. Riders and users were already aggrieved because of the ban on the Padma Bridge and highways during festivals, harassment of motorcyclists by the police in the name of random stopping etc. The proposed policy has added fuel to that old fire, reigniting their grievances. 

In addition, due to the vague language used on some points, the exclusion of bikers and manufacturers from the policymaking processes, non-clarification of the concerns raised by the riders etc have caused further protests against the draft policy. 

However, the objective of the policy was to reduce road crashes by ensuring safety for bikers, pillions and users. Now the government needs to connect the stakeholders with the objectives of the recommended policy and clarify the ambiguities.

The most controversial part of the policy is the 30 kmph maximum speed limit for motorcycles in the city. Motorcyclists opined that the 30 kmph speed limit inside the city will increase the chance of accidents as the speed limit is not applicable to other motor vehicles such as cars, buses, trucks etc. Therefore only slowing down the motorcycle speed will create a larger scope for accidents on motorcycles than other vehicles.

To put this flaw into perspective, almost all countries of the modern world have a maximum speed limit of 30 kmph for all classes of motor vehicles in cities, in order to ensure road safety. This speed limit is even lower in areas with schools, hospitals, dense populations etc. 

One may wonder about the necessity of fixing the maximum speed limit at 30 kmph when the average speed of Dhaka city is decreasing day by day because of traffic congestion. This is because in urban areas there are more pedestrians on the roads who walk and cross the road randomly. Pedestrian deaths are increasing due to speeding. Research shows that in the cases of pedestrian accidents with an automobile travelling at 30 kmph, they would have an 80% chance of surviving. 

Furthermore, due to the rise of the usage of bicycles, pedal-powered e-cycles, and low-speed mobility scooters for differently abled 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 it would create 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 since the main law allows the same. 

There is no doubt that the biker and the pillion will suffer severe injuries or death if any collision happens on the highway. The committee might have wanted to reduce the fatality in this case, but there is no opportunity to import a new provision in the policy which is contrary to the original law. Thus, it is important to have an amendment of the RTA to include restrictions for carrying pillions on highways.

Furthermore, in addition to the standard helmet, the draft policy obligates the bikers to wear other safety gear like chest guard, knee guard, elbow guard, ankle-covering shoes or sneakers, full-finger gloves, full pants and shirts, and anti-lock braking system on the motorcycle for highway movement. This provision will play a significant role in reducing casualties.

The recommended policy also bans pregnant women, elderly people and children below 12 years of age from riding motorcycles on any road, this is undoubtedly a good decision. However, if the age is not defined for elderly people, many may face harassment on the road. Moreover, in the case of pregnant women, a time limit may be fixed that entails a pregnant woman cannot be a motorcycle rider after a certain month of pregnancy. 

Children are the most vulnerable 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; provisions can be added to allow the government to impose restrictions on riding motorcycles by amending the RTA. Otherwise, the good intentions of the policymakers may be challenged for contradicting the original law.

Recently, there has been an increase in long-distance journeys by motorbikes, especially during the festive seasons, due to the scarcity of bus/train tickets and exorbitant price hikes. 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. 

The logic of a 20-day suspension during festivals remains questionable. This particular problem may be better solved 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 the driver's licence before selling motorcycles 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, licence 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 in severe fatalities on the road.

Scooty types of motorcycles are relatively safer than sporty motorcycles because their speed is low, control is easy, and in the case of an accident, the biker can lower their legs from both sides and come to a stable state quickly, etc. Hence the draft policy calls for tax exemptions to popularise 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, and distribution of pamphlets (handbills, leaflets, posters and stickers) relating to road safety etc. have been incorporated in the policy to reduce motorbike crashes.

Three objectives have been mentioned in the draft Motorcycle Movement Policy: 1. reducing road crashes 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 should play an important role in reducing road crashes and risks and increasing awareness. However, before finalising 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 the auspicious venture will be nipped in the bud.

Raisul Sourav is a Road Safety Law Analyst, an Assistant Professor & Chairperson of the Department of Law at Dhaka International University (DIU) and an Advocate the at Supreme Court of Bangladesh. E-mail: [email protected]

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.