An adage on driving goes thus: The journey is smoother when everyone follows the rules. Traffic rules exist for a reason; respecting them keeps the road safe. That appears to be at the heart of a new draft law formulated by the Ministry of Transport. The new law provides for wide-ranging driving penalties and is being reviewed by the Ministry of Law. Once passed by the federal Parliament and authenticated by the President, the new draft of the Vehicle and Transport Management Act (2081 BS) will replace the over 30-year old Vehicle and Transport Management Act (2049 BS). The proposed draft makes the embossed number plates mandatory and includes road safety education in school-level textbooks to reduce traffic accidents. It also mandates the state agencies and transport-related bodies to conduct or facilitate traffic awareness programs.
The proposed draft acknowledges that driving penalties are subject to offences and proposes significantly higher fines for traffic rule violations. Let us look at some of the provisions: A fine of Rs 10,000 for driving under influence (DUI); Rs 500 for honking in restricted areas; Rs 1,000 for using a mobile phone while driving; Rs 1,000 for smoking while on the wheel; Rs 50,000 for driving a stolen vehicle; Rs 5,000 for exceeding the speed limit; Rs 25,000 for reckless driving; Rs 1,000 for breaching the lane discipline or changing the lanes without the signal. There are heavy penalty provisions for scores of offences and violations. Penalties can be the best bet to discourage violations by the road users – be they drivers, or cyclists or pedestrians. Driving penalties tend to be rather high around the world, more so if they are DUI or DWI – driving while intoxicated – convictions. In the US, for example, DUI and DWI offences carry severe consequences, including fines ranging from $500 to $2,000, license suspension and mandatory attendance at alcohol education programs. All countries around the world take driving offences seriously and impose a range of penalties, mostly heavy fines.
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The number of vehicle users has increased exponentially in Nepal as compared to five or 10 years before. Road accidents and fatalities have also increased significantly, particularly in the Kathmandu Valley. The road conditions are less than desirable and driving is not safe. The proposed draft law, it appears, somehow fails to acknowledge the road realities, focusing overtly on exorbitant penalties to discipline those behind the wheel. Besides, we did have the law on driving penalties in place; and it is not clear as to why exactly a new draft has had to be formulated. The ministry perhaps should have focused on amending the 2049 BS Act instead of investing time, resource and energy to re-invent the wheel. It is generally believed that 80 percent of road accidents are avoidable, but still occur because the drivers fail to respond properly in a given situation in a matter of split seconds. The Nepali context is somewhat unique: while the driver possesses a driving license s/he is often not adequately aware of the traffic rules, or the road signals or standard driving practices. There are flaws in the process of issuing driving licenses and they need to be addressed. The majority of our driving instructors focus exclusively on teaching new learners the craft of accelerating and pushing forward, without explaining the what's and the why's of driving. When the draft bill comes up for discussion in the parliamentary sessions, the lawmakers are expected to zero-in on ways to standardize and better regulate the driving schools. Penalties certainly are effective tools to enforce the law but not enough to make our roads safer.
