Cabinet clears road transport law with tougher provisions

The cabinet on Monday approved in principle the draft of "The Road Transport Act, 2017" with tougher punitive provisions, rewriting the 1983 Motor Vehicle Ordinance, at a regular meeting with Prime Minister Sheikh Hasina in the chair.

"The original law was promulgated as The Motor Vehicle Ordinance, 1983 . . . the draft incorporating new provisions like punishment for using cellphone while driving and raising other punishment for violation of the law," Cabinet Secretary Mohammad Shafiul Alam told a news briefing after the meeting.

He said according to punitive provisions, the drivers could be jailed for one month or fined Taka Tk 5,000 while they could face 3 years jail and Tk 25 lakh fine for reckless or harsh driving, unnecessary racing and thus committing any accident.

Moreover, he said, one would require passing class 8 and 5 respectively to become a driver and helper of commercial vehicles respectively.

"Major changes have been brought into the proposed law as the transport sector off late became `very vibrant` and many agencies are associated with it," Alam said.

Road Transport and Highways Division has brought the draft law before the cabinet in line with a High Court verdict requiring all ordinances promulgated under military regimes to be turned into parliamentary acts.

The cabinet secretary said the road transport sector now also have enhanced international links requiring the changes in the law and necessary matters related to transport management were incorporated in the law in consultation with stakeholders.

Under the Section 57 of the proposed law, Alam said that for cognizable offences like driving vehicles without licences, the punishment is maximum 6 months jail or Tk 50,000 fine or both, and in this case, police could arrest the accused without any warrant.

Driving with fake license would be treated as more punishable offence with the law proposing maximum 2 years jail or Tk 3,00,000 as fine or both.

The proposed law also kept a new provision for having license by the
conductors and in default, the punishment would be maximum one month jail or Tk 25,000 fine or both.

The cabinet secretary said that the punishment for driving vehicle without fitness certificate would be maximum one year jail or Tk one lakh as fine or both.

In case of committing any accident and causing deaths, the penal code would be applicable, Alam said, adding that if the offence is "culpable homicide", then Section 302 of the penal code would be applicable, meaning the accused would be charged for murder.

He said if the offence is "culpable homicide" but not amounting to murder, then Section 304 of the penal code would be applicable which life-term imprisonment.

The cabinet secretary said that if any vehicle exceed the excel or the weight limit, both the vehicle owner and the driver concerned could be jailed for maximum three years or fined Tk 3 lakh fine or both.

Alam also said the proposed law incorporated a new provision of cutting "point" from the driving licence for violating the rules, a provision practiced in different countries.

He explained that a total of 12 "points" would be in a driving licence and one "point" would be cut for violating the rules of the law like exceeding the speed limit while one’s license would be scraped if he or she loses all the "points".

The cabinet secretary said, a general directive has been incorporated in the proposed draft law having two parts.

In the first part, he said, 14 issues are there including guidelines not to drive vehicles on wrong side, not to use helper to drive a vehicle, while in the second part, 11 issues are there like ban on mobile phone use and fastening of seat belt while driving vehicles.

Alam said for violating the directives in the first part, a driver will have to face three months of imprisonment or fine up to Tk 35,000 or both the punishments.

For violating the directives in the second part, he said, provisions are in the draft law for one month of jail or fine up to Tk 5,000 of or both the punishments.

Source: BSS