4.10 LEGISLATION

for the Asian and Pacific Region Asian Development Bank Road Safety Guidelines EXECUTIVE SUMMARY

TRAFFIC 4.10 LEGISLATION Traffic legislation regulates the use of public roads and is applicable to the circulation of people, animals, and vehicles on the public highway and related activities. Where possible within the legislative system, the primary legislation should provide the basic features and framework, and the details should be specified within secondary legislation (i.e., through ministerial regulations). This allows flexibility for periodic revision without disturbing the primary enactment. Legislation provides the framework to promote and, where necessary, to enforce safer road user behavior.

Legislation specific to road safety includes as follows:

• driver licensing (criteria for license holders and driving test content); • vehicle registration and testing (roadworthiness requirements and testing, and registration); • control of traffic (speed limits, traffic signals, signs and markings, drink-driving, and pedestrians); and • road authority.

Fixed penalty and penalty point systems should be considered wherever feasible as these have been found to be effective in reducing administration and influencing driver behavior in many industrialized countries. However, they may not always be as effective in the developing world. Areas of legislation directly relevant to road safety should be identified and all traffic laws reviewed and consolidated.

Drinking and driving is a proven cause of accidents. Enforcement of prescribed limit legislation has led to reductions of associated deaths and injuries in many countries. It is recommended that similar legislation prohibiting driving while under the influence of drink or drugs be devised that specifies a quantitative upper limit. PRIORITY ACTIONS NEEDED

1. Review existing legislation and prosecution patterns to identify areas needing to be revised, and weaknesses in current legal system regarding citations and prosecutions.

2. Where it does not already exist, develop and introduce urgently legislation on drunk-driving limits and enforcement, speed zones and speed enforcement, and motorcycle safety helmet wearing, and compulsory third party motor insurance.

3. Where it does not already exist, develop and introduce urgently legislation on a national road safety council (NSRC) or similar to oversee coordination and improvement of road safety.

Traffic legislation provides the framework for traffic police and other enforcement agencies to ensure compliance with driving rules and regulations. Existing legisla- tion should be reviewed, updated, and consolidated wherever possible. Legislation on drunk-driving, seat belt and safety helmet wearing, and speed zones where not already existing, should be introduced as a matter of urgency.

ROAD SAFETY GUIDELINES 4.10 - 1 1 INTRODUCTION

These sector guidelines on “Traffic Legislation” are from a set of Road Safety Guidelines for the Asian and Pacific Region policymakers, developed as part of a regional technical assistance project (RETA 5620: Regional Initiatives in Road Safety) funded by the Asian Development Bank (ADB). This section cannot cover specific items of legislation in particular countries. It will, however, examine strategic issues that impinge upon road safety so that local legislation can be compared and evaluated to assess the need and practicality of updating it.

2 WHY IS TRAFFIC capabilities, and where the existing traffic law LEGISLATION NEEDED? no longer meets the needs of modern traffic conditions. As numbers of vehicles increase, it has become increasingly necessary to regulate raffic legislation regulates the use of road users and use of the road to minimize con- public roads and provides a framework flicts and to improve road safety. to promote and, where necessary, to T It is therefore first necessary to consider enforce safer road user behavior. This is done how existing legislation could be reviewed, by requiring compliance with specified stand- updated, and strengthened. This is best done ards for the benefit of all road users. through a systematic revision process, as de- It is therefore necessary that there be a tailed below: clearly defined framework of legislation sup- The specific objective of traffic legislation ported by detailed regulations that are appro- should be clarified in order to ensure the legis- priate and relevant to the needs of modern traf- lation is written as clearly and effectively as fic, and that permit effective enforcement to possible and that it is appropriate for the local be carried out by relevant agencies to ensure environment. Legislation can rarely be self- safe and orderly use of the public road net- enforcing. It can only be effective if it can and work. will be enforced and if offenders can be proc- Unfortunately, much of the legislation now essed by the judicial system. All traffic legisla- in place in many developing countries of the tion should be reviewed according to the fol- Asian and Pacific region has evolved from the lowing criteria: legislation of the colonial powers. This legis- lation has in only a few cases been compre- 1) is there a need for the regulation? hensively updated to meet modern needs. In 2) is the regulation acceptable in principle most cases, however, this has been done sim- and of practical application to the ma- ply by ad hoc changes as needed. This often jority of the user population? results in confusing mixtures of old and new 3) is it framed so as to be clear and unam- legislation and resultant ambiguity both for biguous? the public and for those enforcing the law. 4) is it consistent with other regulations? There are often problems and delays in judicial 5) is the user population aware of it? and processing of traffic offenders, reducing the 6) is it enforceable? effectiveness of enforcement. Traffic legislation updating is needed in Given the limited traffic policing resources developing countries where motor vehicles that are characteristic of developing countries have increased rapidly in both numbers and (especially in South Asia where many of the

4.10 - 2 ROAD SAFETY GUIDELINES TRAFFIC LEGISLATION

lower ranks of traffic police personnel are not ence in framing or updating legislation. Use of even authorized to cite traffic violations), these such an informed but neutral independent spe- considerations are even more relevant. Traffic cialist ensures that best advice is given uncon- regulations should be kept to the basic mini- strained by territorial or organizational loyal- mum to increase their chances of being en- ties of the key agencies involved in enforce- forced. ment. Ideally, traffic legislation (passed as a traffic Publicity campaigns should be imple- act by government) should provide the umbrella mented to inform the public of any proposed framework, and details should be specified in the changes in legislation and the associated rea- regulations that are within a minister’s authority sons, so that they are fully aware of the new and hence are much easier to revise. Examples requirements before enforcement commences. where such flexibility would be beneficial include: speed limits, traffic fines and penalty points, and blood alcohol limits. These are all 3 KEY COMPONENTS areas where standards may change from time to time given accident trends, public opinion, or A number of areas of legislation can have new developments in equipment, and such significant effects upon road safety. Legisla- regulations should be updatable quickly without tion is needed on the following key areas: the need to alter the main traffic act. There have been recent moves towards 1) driver-related; eliminating the traditional legalistic style of 2) vehicle-related; writing traffic legislation and framing it so the 3) control of traffic; public can understand. Given the education 4) traffic signs and markings; and levels among the road users in the Asian and 5) fines and penalties Pacific region, there is much advantage to be gained in writing traffic legislation in as clear Only the most important aspects of legisla- and straightforward style that is readily under- tion are summarized below as many of the ele- stood by all. ments are covered in the other individual sec- Traffic legislation will have a much better tors of these guidelines. chance of being accepted if it has been devel- oped by a multidisciplinary team that includes private and public sector interests, as well as 3.1 Driver-related Issues traffic police and traffic engineers. The revision process should be guided by There is no inherent right to drive a motor an independent specialist with recent experi- vehicle on a road. So a motorist must be

Table 1: Typical Safety Issues that Need to be Covered within Traffic Legislation

Driver-related Highways-related • Driving instructors • Authority • Driving schools • Statutory responsibility • Learner licenses • Access/development control • Driving tests • Signs/markings – medical • Speed zones – theory • Traffic calming – practical • Safety audit • License holders • License categories • Professional drivers

Vehicle-related Fines/penalties-related Traffic control/general safety-related • Condition/construction • Traffic accident • Drunk-driving requirements Investigation • Seat belts • Roadworthiness testing • Penalties • Speed limits • Safety belts/equipment • Courts/hearings • Pedestrians • Dangerous loads • Fines • Road user education • Documents/insurance • NRSC

ROAD SAFETY GUIDELINES 4.10 - 3 TRAFFIC LEGISLATION

granted permission to drive by way of a license tries usually have to be supervised by an expe- issued by the state, provided certain criteria rienced driver at all times until a driving test is relating to health, age, and competence to drive passed. Consideration should be given to in- are met. Driver training and testing are covered troducing a requirement that motorcyclists more comprehensively in Sector Guidelines should have had at least four hours of off-road 4.7, but some of the key legislation-related training in basic maneuverability skills before issues concerning licensing are listed below. being issued with a learner license (such train- ing can often be provided by motorcycle deal- a) Driving instructors and ers and driving schools). Driver training regu- driving schools lations should be restricted to those that can be enforced. Many countries find it useful to have a reg- istration system for driving instructors and c) Driving tests (separately) for driving schools, and no one is allowed to give paid instruction unless a spe- A driving test is designed to ensure that at cial test is passed to become a registered driv- least a minimum standard of competence is ing instructor. This ensures that driving instruc- achieved by a driver before being allowed un- tors have the necessary competence and knowl- restricted access to the public roads, subject to edge not only of driving but also for teaching other criteria in respect of vehicles or classes and instructing learners. The registration of of vehicle. Driving test standards vary through- schools ensures that they meet at least mini- out the world, from minimal vehicle control mum standards and criteria on premises, vehi- maneuvering demonstrations to sophisticated cles, teaching aids, and qualified instructors. multipart tests. The latter may include a medi- In some countries (e.g., Fiji) driving instructors cal test to ensure physical fitness to drive and are encouraged to take defensive driving a theory test on road knowledge before the courses and to include some of these elements third, practical part of the test (a drive of about into their training of learner drivers, while driv- 30 minutes in varied road conditions accompa- ing schools are being encouraged to set indus- nied by an examiner). Generally, it is thought try standards and controls. that more extensive tests produce better, and therefore safer, drivers. b) Learner licenses In many countries, new license holders are d) License holders constrained in the types of vehicles they can drive by restrictions placed on the driving li- Age is only one consideration in assessing Plate 1: Motorcycle training, cense. Engine size of motorcycles and cars may the suitability for a driving license. It is appro- . be limited. Learner car drivers in most coun- priate to set minimum standards of health and eyesight on applications for a license. As such medical conditions may manifest themselves later in life, it is appropriate to require the holder to notify the license issuers of specified medical conditions once aware of them. It would also be appropriate, if a regular license renewal system is in operation, to restate a health warranty at time of renewal. Graduated licensing programs have been used in motorized countries to prevent novice drivers from exceeding their capabilities. This is achieved by restricting motor vehicle choice and driving times. In some countries, novice drivers use a “P” plate to make easier detection of novice driver violations. In , for example, novice motorcyclists are forbidden from carrying passengers for the first year. Retraining courses are being proposed for drivers convicted of certain driving offenses.

4.10 - 4 ROAD SAFETY GUIDELINES TRAFFIC LEGISLATION

Programs have been introduced in a number of ment of at least 1 millimeter (mm) of tread pat- countries (including the ) where tern over the entire width of the vehicle and drivers caught speeding are required to un- around the circumference. The limit could jus- dergo a day’s retraining, but there is little hard tifiably be raised to a higher level, say 1.6 mm, evidence as to whether such courses are at a later date when general conditions of ve- effective. hicles improve. The lack of tread is not the only potentially e) License categories dangerous defect associated with tires. Failure of the internal ply structures and cuts that ex- In most countries, a system will already pose the ply structure weaken the tire, inviting exist that categorizes vehicles into classes and total failure. Mixing of tires of differing ply the license applies to certain types of vehicle constructions is also dangerous as radial and depending on the driving tests undertaken. crossply tires have different reactions to physi- Commercial licenses should also be incorpo- cal forces acting on them. When cornering at rated within the basic driving license system speed, the difference in grip may be so great as but require additional criteria related to com- to cause the crossply tire to lose all grip and petence, age, and driving experience. the vehicle to become uncontrollable. These defects can easily be incorporated f) Professional drivers in legislation. It is recommended that a catchall provision be attached to outlaw the use of tires Most countries require a higher minimum used under “unsuitable” conditions. Such pro- standard (e.g., 25 years age and at least five visions should also be used with brakes and years’ driving experience) for eligibility to be- steering. come a professional driver of heavy goods ve- Lights. Lights are essential for the driver to hicles (HGVs) and public service vehicles see the road ahead clearly and be seen by other (PSVs). There should also be a requirement to road users. A minimum standard of front lights, carry out a driving test in the type of vehicle rear lights, brake lights, reflectors, and direction for which such a license is being requested. It indicators should be defined appropriate to each should not be permissible to pass a test for a country and required by legislation. private vehicle and to then, after some time start Subsequently, there should be a requirement to driving an HGV or PSV. An additional more maintain the lights in efficient working order. stringent test must be taken in an HGV or PSV Glass. Three- or four-wheeled motor vehi- to ensure competence to drive such a vehicle, cles should be required to have a laminated not only because of the greater skill level re- glass windscreen at the front that should be quired to control the larger vehicles but also maintained to allow a clear and unobstructed the greater potential risk to public safety. view. Thus, cracked or shattered screens would not be lawful and use of vehicles with tough- 3.2 Vehicle-related Issues ened glass windscreens (which can cause much more serious injury in an accident) should not Legislative controls are needed to ensure be permitted. the roadworthiness and safety of a vehicle at Dangerous condition. In order to cover the registration and throughout its working life. unforeseen and to save legislating for every Vehicle safety standards and inspections are possible safety-related defect on a motor vehi- discussed in Sector Guidelines 4.9, but some cle, a provision to cover using a motor vehicle of the key legislation-related issues concern- on a road in a dangerous condition should be ing vehicles are: considered. Such a section would cover defec- tive shock absorbers or corroded shock ab- a) Condition of vehicle sorber mountings, which are directly related The enforcement of laws about vehicle to safety, and defects to the structure or chassis condition and operation are the responsibility from which failure can result. of traffic police, often working with the land transport department’s vehicle inspectorate. b) Testing of vehicles Tires: One of the most common vehicle faults that contributes to road accidents is tire In most parts of the world, imported vehi- defects. It is recommended that there be require- cles are “type” tested to ensure they meet local

ROAD SAFETY GUIDELINES 4.10 - 5 TRAFFIC LEGISLATION

standards. In addition, all imported and local c) Dangerous loads vehicles are periodically tested by government testing stations or by authorized private test- Another feature common to many countries ers. Experience in many countries suggests that is the precarious manner in which passengers the poor condition of many vehicles, despite and loads are carried on the roof or hanging on display of a “pass” disc to the outside of vehicles. Again, an all en- or sticker, must throw compassing provision is recommended to into doubt the quality prevent the carriage of a load in such a way as or vigor of testing. The to endanger any person. Further provisions that general aims of road refer to total gross and axle weights should safety can be covered also be considered. by an annual test of ve- hicles more than three d) Safety belts and safety years old, supple- equipment mented by random roadside spot checks Increasingly, traffic legislation includes re- and technical examina- quirements that safety belts be fitted and some- tions of vehicles by times that other safety equipment (e.g., reflec- government vehicle tive advance triangle for use in break- Plate 2: inspectors, the traffic police, or (more usually) downs) be carried. It is important that such Inadequate road both acting in partnership. equipment meets appropriate local criteria and worthiness testing results It is recommended that powers to prohibit it is often best to base such criteria on those in unsafe vehicles. further use of the vehicle, either immediate or used in other more motorized countries. All subject to conditions, be enacted until the de- major motor manufacturers already manufac- fects have been repaired. ture equipment to such standards, making com- A vehicle defect rectification scheme is in- pliance more likely and avoids the risk of sub- creasingly used in industrialized countries standard equipment being permitted onto the ensuring that the vehicle is made roadworthy. market. In this system, a vehicle is stopped and the appropriate defect identified. The driver is of- e) Documents/insurance fered a chance to either repair the defect within 14 days and present the vehicle for testing, or The legislation must always incorporate go to court. rules or requirements relating to the use of ve- The vast majority will accept the former hicles. Apart from requiring that the vehicle be option. They have the vehicle tested and sub- in a roadworthy condition, there should be mit the certificate of testing, or prove that the clauses requiring that vehicles be licensed by vehicle has been scrapped or broken up. Then the relevant authorities, for correct vehicle reg- the matter is closed. istration documents to be held by the owner If the offer is not accepted or the certifi- (to prove ownership), and for at least third party cate of testing is not submitted within 14 days, motor insurance to have been taken by the court proceedings automatically follow. owner or driver to cover damage or injury to However, the problem in most developing innocent third parties. If it is made compulsory countries is tracing the vehicle. It may be ap- that vehicle registration, insurance, and road- propriate to confiscate the vehicle documents worthiness certificates have to be shown when and driver license until the vehicle is brought licensing a vehicle and at the same time, that back repaired. vehicle registration, roadworthiness, and li- Advantages of the scheme are that cense documents must be shown when seek- unroadworthy vehicles are repaired (which can- ing insurance, a degree of cross-checking can not always be guaranteed in the case of court be introduced. This acts as a useful control to proceedings) or broken up. It may also pro- deter motorists who might otherwise drive duce revenue for government testing stations, without insurance or without a roadworthiness with possibly a fee levied on submission of certificate. For this to work best, it is neces- certificates of testing or breaking up. It also sary for all vehicles to be licensed annually, relieves the courts of the burden of dealing and for the expiry date on annual licenses to with minor offenses unnecessarily. be easily seen and checked from outside the

4.10 - 6 ROAD SAFETY GUIDELINES TRAFFIC LEGISLATION vehicle. This is often done by requiring the d) Safety audit certificate to be prominently displayed on the windscreen so that passing police officers can Highway authorities should be required to easily see if the certificate is valid. systematically check proposed new or reha- bilitation road schemes from a safety 3.3 Highway-related Issues perspective at preliminary design, detailed design, and just after construction (but before a) Authority opening) stages. These safety checks should be undertaken by road safety specialists to There needs to be clear-cut indication in the ensure that the needs of all road users legislation defining who is responsible for what (especially vulnerable road users) have been in terms of traffic and use of roads. This might, for taken into consideration. This formal process example, specify the differing roles and responsi- known as “safety audits” is important to ensure bilities concerning traffic of the ministry of development of safer road networks. transport or public works, provincial governments and municipalities, or national police. e) Traffic calming Of particular importance is that it should specify wherever possible a statutory respon- Traffic calming regulations are made to sibility upon each highway or roads authority provide local highway authorities with the nec- (whether national, provincial, or municipal) “to essary powers to construct speed reduction and monitor and improve road safety on their other measures for traffic calming that are not respective road networks.” Sector guidelines otherwise clearly authorized. Provision may 4.4 and 4.5 cover engineering-related matters need to be left for detailed specifications via and 4.11 covers police traffic law enforcement ministerial regulations. in more depth, but some of the important leg- islative issues related to roads and enforcement f) Traffic signs and road are given below. markings Traffic signs and markings should be as b) Access and development specified by the relevant ministry for roads, control but should be compatible with relevant inter- Each highway or roads authority must be national conventions. given the right to comment to the planning or At present, many traffic signs in developing development control agency on any proposed countries are based on outdated standards and land use development on land adjacent to a the sign size is often too small for adequate road and from which access may be required. visibility when drivers are traveling at currently In particular, they must be given the right and permitted speeds. authority to refuse access from such develop- ments unless the access can be provided with- 3.4 Traffic Control and out causing undue traffic or safety problems. General Safety Anyone wishing to create access onto a public road must be required to apply for permission Most legal systems consider the manner of and approval from the relevant roads authority. driving under two categories: c) Speed zones 1) reckless where the driver acts in such a manner that serious consequences can Each highway authority should be entitled be foreseen; and to categorize its network in terms of road hier- 2) careless but nevertheless (for the pro- archy and to specify appropriate speed zones tection of other road users and the main- depending upon the function that particular tenance of an adequate standard of driv- roads or sections of the network is supposed to ing) deserving of a sanction. provide. This may include imposition of lower speed limits, physical speed reduction devices, The consequences may be taken into ac- and traffic calming in residential areas or as rural count if death results and the offense is con- roads pass through communities strad- sidered to be more serious if the driver was dling the road. reckless.

ROAD SAFETY GUIDELINES 4.10 - 7 TRAFFIC LEGISLATION

a) Drink–driving ing countries. This is more affordable when first commencing such a program and avoids, at least Any review of legislation from a road in the early years, the high investment that would safety perspective should include drinking and otherwise be needed to place and maintain ex- driving legislation as a priority. Experience from pensive evidential machines in all police stations. several countries has shown that road From a road safety perspective, the preven- deaths can be reduced by around 15 percent tion of drinking and driving is vital. Additional by strict enforcement of this legislation. provisions may have to be considered where This is done by prescribing a limit to drugs are taken and the effects and safety impli- alcoholic intake above which a driver commits cations are the same as drinking and driving, but an offense. Blood alcohol concentration (BAC) evidence can be obtained only from a labora- levels of between 20 milligrams (mg) and 100 tory test or a physical examination by a doctor. mg of alcohol per 100 milliliters (ml) of blood are typically used in developed countries, with most countries adopting a level of 50 mg/100 b) Speed limits ml of blood or lower. It should be noted that accident risk increases markedly with the BAC Maximum speed limits should be set for level. At BAC 50 mg/100 ml, accident risk is urban and rural areas that allow for lower speed twice as high as at zero BAC level, while the limits near schools, hospitals, or other areas accident risk at 100 mg/100 ml is almost eight (see Sector Guidelines 4.4 on traffic calming). times as high as at zero BAC level. It is important to stress that speed limits The investigation of an offense starts with represent maximum limits and police should a power to require a driver to supply a speci- enforce these strictly, especially where men of breath into an alcohol screening device. pedestrians and other road users are at risk. A positive result (i.e., BAC in excess of some Reduced speeds in urban areas and in des- prespecified level) may in some countries be ignated area-wide zones have proved effective sufficient to prove an offense. In other coun- in reducing the number and severity of road tries, a further test is carried out on an eviden- accident injuries in many motorized countries. tial machine (at a police station) after the driv- Designation of certain locations as reduced er’s arrest. The reading obtained quantifies the speed zones should be permitted under the traf- level of alcohol in the blood as ascertained from fic legislation. a specimen of breath, which both proves the offense and identifies the seriousness of the c) Following too closely transgression. A blood test could be considered as an alternative, but carries severe problems, Drivers should be required to maintain a such as difficulties in ensuring availability of safe distance between their vehicle and the rear medical staff and keeping the specimen in a of the vehicle ahead as the driver in the fol- satisfactory condition before analysis. Also, lowing vehicle will almost always be held ac- continuity of evidence questions may crop up countable for any accidents with the vehicle with specimens of blood, so this method should in front. This distance will vary according to be avoided wherever possible. speed, weather, and road conditions and should be clarified in driver training and in a highway Plate 3: It is strongly recommended that an alcohol Police spot checks on limit of 30 mg to 50 mg or less be adopted in all code. However, the law should specify that the drunk driving. countries as a matter of urgency. Random test- driver at the rear in such an accident is auto- ing should also be matically considered to be at fault unless ex- adopted so that any tenuating circumstances can be shown. driver at any time could be required to give a d) Give way procedures specimen. Wherever possible, the roadside Priority rules should be specified in legis- test using mobile lation and properly signposted as a reminder alcohol testing devices to road users. Give way rules are required to should be regarded as cover intersections, turning movements, park- sufficient evidence for ing, approaching emergency vehicles, and en- prosecution in develop- tering congested intersections.

4.10 - 8 ROAD SAFETY GUIDELINES TRAFFIC LEGISLATION e) Pedestrian rights and manufactured, and seat belt wearing compul- requirements sory when seat belts are available. Later the requirement for fitting can be extended to all Given the large share of road accident casu- cars less than five years old and eventually to alties accounted for by pedestrians in the Asian all cars of any age capable of carrying at least and Pacific region, traffic legislation must one passenger. Police must have strong pow- clearly state priority. Drivers should be required ers of enforcement and must exercise them if to stop for pedestrians at formal pedestrian the full benefits are to be achieved. crossings and or near a pe- destrian crossing should not be allowed. When h) Nonmotorized vehicles turning, drivers must be required to give way to pedestrians already crossing. Although traffic regulations are assumed Pedestrians can be legally required to use to apply to all road users, pedestrians, bicycles, nearby pedestrian crossings and to walk on the and other nonmotorized vehicles (NMVs) are footpath when it is provided. ignored in the traffic legislation in some coun- tries. Traffic regulations should apply fairly to f) Motorcycle helmets all those using public roads and should not discriminate against slow-moving and NMVs. Mandatory motorcycle helmet usage in ru- Given the very large numbers of vulnerable ral areas was required as far back as 1970 for road users involved in road accidents in the Singapore but as late as 1995 for Viet Nam. It Asian and Pacific region and the high propor- should be introduced nationwide in all coun- tion of nonmotorized traffic in many countries tries. Available accident data generally will of the region, much more should be done to provide evidence that motorcycle and recognize the legitimate needs and require- passenger head injuries are occurring and that ments within the traffic stream. Legislation mandatory motorcycle helmet wearing will could, for example, be drafted to give priority save lives and injuries. Exemptions for wearers to NMVs in certain situations and to provide of turbans is usually necessary. However, the protection for NMVs in their conflicts with capacity for enforcement must be taken into motorized vehicles in the traffic stream. account and it is essential that a safe standard is specified for helmets and that efforts are made i) Postaccident requirements by government to ensure such helmets are readily available from many outlets and All injury accidents should be reported to suppliers at an affordable price. the police and providing assistance to the in- jured should be a requirement of all those in- g) Seat belts volved. However, given the threat of danger in some societies to those perceived as responsi- Introduction of legislation requiring wear- ble for accidents, developing countries may ing of seat belts and effective enforcement has also want to consider making it a specific crime resulted in significant reductions in road deaths for bystanders to harm those involved in road in many developed countries (e.g., 23 percent accidents, although the difficulty in enforcing reduction in the (UK) when this must first be considered. first introduced) so it can certainly be justified. Seat belts have been required on a partial basis j) Highway code (e.g., on expressways only) in some Asian and Pacific countries for a number of years. The There should be provision for a highway proportion of car drivers and passengers killed code to be produced by the relevant depart- or injured in the Asian and Pacific region is ment. In most countries, highway codes are much less than in the industrialized countries, only advisory whereas in the UK, where the and seat belts will therefore have a much less word “must” is used, refers significant impact in countries where to actual legal requirements. In , the pedestrians and motorcyclists form the Highway Code was published as regulations majority of traffic deaths. Nevertheless, it is a in 1959 and the Sri Lankan Highway Code is measure likely to save many lives. also supported by regulations. Seat belt legislation normally needs to be The highway code should provide an introduced in stages: first making seat belt fit- overview in nontechnical language of traffic ting compulsory on all cars being imported or rules and obligations of all road users.

ROAD SAFETY GUIDELINES 4.10 - 9 TRAFFIC LEGISLATION

than high penalties. If encouragement of com- pliance with regulations is the primary objective, then this suggests it would be better to be giving many smaller penalties rather than fewer high-priced ones. “On-the-spot fines” are useful for minor offenses but problems with accountability can prevent these quick and simple penalties from being used in many developing countries. In several Asian countries, including the Philip- pines and Viet Nam, to overcome such “ac- countability problems,” traffic fines cannot be paid directly to the traffic police but must be paid at a separate authority such as a national bank or post office. The delay incurred in be- ing stopped and the inconvenience and time involved in paying a fine should encourage Plate 4: k) NRSC the road user to comply with the traffic regula- Highway codes are tions, and so the method is worth considering. used in many An NRSC should be constituted with statu- countries. tory powers to oversee road safety improve- The penalty system should consider the ments. Ideally the NRSC should be established optimal division of responsibility between the directly under the prime minister’s office be- traffic police and the courts that will be unique cause many ministries are involved. Legisla- to each country. Court-imposed penalty systems tion should also specify powers, provide for can sometimes overwhelm civil courts to the funding and establish a permanent secretariat point that judgments become delayed, tending to implement, follow up, and coordinate to reduce the deterrence effect of the enforce- NRSC decisions. More information on NRSCs ment system. is provided in Sector Guidelines 4.1. Fixed penalty notices are used where pro- ceedings are commenced by police but settled l) Insurance requirements on payment of a fixed penalty or fine, or com- bination of fine and penalty point (see below). Third party insurance should be made man- They relieve the courts of burdensome minor datory for all drivers, whether driving a pri- matters and generate revenue. They have been vate, commercial, or government-owned vehi- used to sanction drivers for noncompliance cle, and motorists should have to show regis- offenses, disobeying signals, excess speed, tration documents and a roadworthiness cer- and other safety-related offenses. Thus even tificate before insurance is awarded. Con- though traffic volumes and the number of versely, for annual vehicle registration a road- offenses increase, no increases are required in worthiness certificate and a valid insurance judicial or prosecution resources. certificate should be required. A levy on third party insurance premiums should be dedicated to funding an NRSC and b) Penalty its operations. The authority to impose such a levy should be granted in the legislation, with Penalty point systems have existed in leg- the specific amount and consultation process islation for many years but have rarely been (to set the amount) determined by ministerial implemented effectively in developing coun- regulations. tries. Driving convictions can be marked on the driving license but this practice is rarely en- forced in developing countries. Penalty point

3.5 Fines and Penalties systems have proven successful in industrial- ized countries where driving license details are a) Level of fines and fine computerized, accurate, and up to date. In most collection developing countries, accurate computerized Studies in motorized countries have shown records are rarely available but such systems risk of detection to be a stronger deterrent should be introduced when feasible.

4.10 - 10 ROAD SAFETY GUIDELINES TRAFFIC LEGISLATION c) Disqualification of license traffic control devices such as traffic signals, holder or modern enforcement equipment such as radar speed detectors and alcohol detectors. While often included in traffic regulations, NMVs may not be included, insurance many countries at present lack the administrative requirements insufficient, and speed limits in- support to cancel driving licenses and ensure new adequate. Road signs may be in sizes too small driving licenses are not obtained. Absence of a for current speeds and in individual and unfa- central driver records register means that drivers miliar designs. often simply go to another province and get a While the inadequacies of the traffic legis- new license, so the threat of disqualification lation are clear in such circumstances, what is becomes less powerful. Efforts should be made less well known is how to correct these defi- to establish a single master list of driving licenses ciencies in the most effective manner. Instead, (computerized) as quickly as possible, and piecemeal amendments are often added to the provision retained within legislation for penalty old base as needed, and the result is often con- points systems and disqualification. fusing and ineffective. A typical amendment might be the d) Fines used to finance requirement of motorcycle helmets for riders traffic police (but not always passengers) and perhaps seat belt wearing in certain areas only (e.g., rural Several countries (including Malaysia and highways). the Philippines) have recently allowed a per- centage of the traffic fines collected to be used to fund traffic police enforcement equipment, Stage 2: Legislative traffic police activity, or traffic police welfare. Revision It is particularly appropriate where new and With the inadequacy and problems of ad additional income is generated from use of new hoc amendments realized, traffic police and equipment (e.g., speed detectors or alcohol transport authorities begin pressing for testing devices) or from new legislation such legislation revision. For convenience sake and as seat belt wearing or drink-driving. While lack of an alternative, the existing regulations the arrangement may seem improper and en- may be used as the foundation for the revised courage unrestrained fines being imposed, it traffic regulations. does offer a way to increase funding for traffic However, the individuals assigned to re- police enforcement without having to rely write the legislation (sometimes only one per- solely on availability of government funds and son and often without relevant training as such provides incentives to the police to carry out skills are not always readily available) are of- enforcement. An alternative approach is used ten within the ministry of transport, and nego- in the UK where the recent Sponsorship Act tiations with other ministries can go on for years. allows private sector funding to go directly to Traffic legislation revision has taken more than the traffic police rather than to general revenue. a decade in and Pakistan because of interministerial rivalries and revision has also been ongoing for the past few years in 4 STAGES OF Bangladesh. DEVELOPMENT In Nepal, traffic legislation was updated in 1993, but the traffic police were not allowed Stage 1: Colonial/Outdated to contribute to the revision process even System though they have to enforce it. Much confusion has resulted both in what is required Traffic legislation in many developing by road users and how the legal proceedings countries is still heavily based on colonial mo- are to be settled. tor vehicle codes and has been outdated and inappropriate for controlling traffic and im- Stage 3: Working Group proving road safety for years. Committees Such legislation was developed when there were few cars, traffic conflicts were not a To help ensure that the traffic legislation serious issue, and before the onset of modern produced will be acceptable to the public, a

ROAD SAFETY GUIDELINES 4.10 - 11 TRAFFIC LEGISLATION

working group should be formed with partici- with the traffic regulations results in increased pants from within the government as well as predictability and uniformity of behavior of outside, and should include private and public road users, reducing the risk of road accidents. sector transport operators as well as transport specialists. This is often best done under the nonpartisan and neutral umbrella of the NRSC 6 EXAMPLES OF GOOD as it minimizes ministerial rivalries. It is im- PRACTICE perative that the traffic police are included in the traffic legislation revision committee to In the Asian and Pacific region, the State of ensure practical experience is used and to ob- Victoria, , can lay claim to concise tain their support. With the assistance of spe- and clear traffic regulations. The last major cialists (technical assistance may be needed revision was in 19881 although such articles from abroad), the traffic legislation should as drink-driving limits have been strengthened specify blood alcohol limits and testing proce- since then. dures, seat belt requirements, and the optimal For regional code standardization, two distribution of responsibility as appropriate for sources, although both from outside the region, that country between individual ministries, and could prove useful. between traffic police and the courts. The Uniform Vehicle Code2 in the (US) provides a guide for harmoniza- Stage 4: Standardization tion of traffic legislation between the 50 states. and Automation In the last decade, a model traffic statute was also produced for Southern Africa (along with The desired situation is attained when traf- a Highway Code and Road Signs and Markings fic regulations are streamlined with optimal Manual3,4). This may offer a base mode that distribution between legislation and regula- could be adapted. tions, and regional standardization achieved. Provision for use of modern automated tech- niques of traffic control, such as red light cam- 7 REFERENCES eras and modern enforcement equipment, should be covered under the traffic regulations. 1. Road Safety (Traffic) Regulations 1988: A legal requirement will have been imposed on Road Safety Act 1986. Victoria, Aus- every road authority to try to improve road tralia. safety on its road network and traffic calming 2. National Committee on Uniform Traffic regulations will have been specified. Laws and Ordinances: Uniform Vehicle Code and Model Traffic Ordinance. 1992. Evanston, Illinois, US. 5 BENEFITS AND 3. Southern Africa Transport and EFFECTS Communications Commission (SATCC). 1990. The SATCC Road Traffic legislation provides the legal frame- Traffic Signs Manual. Norway: Institute work for traffic police enforcement and speci- of Transport Economics. fies the requirements for safe road user behavior 4. SATCC. SATCC Highway Code. Norway: that will benefit all road users. Modern traffic Institute of Transport Economics. legislation should contain a safety focus rather 5. Zaal, D. 1994. Traffic Law Enforcement: than the old-fashioned administrative and A Review of the Literature. Australia: document-related concerns characteristic of Federal Office of Road Safety. older, outdated legislation. 6. Axup, D. 1993. Enforcement: Traffic When properly developed, traffic legisla- Safety Toolbox. Washington, DC, US: In- tion and regulations must include not only in- stitute of Transportation Engineers. formation about road use but also a stream- 7. Legal Research Board. 1992. Road Trans- lined punishment system with an adequate de- port Rules. Laws of Malaysia. Malaysia: terrence effect upon road users. Compliance International Law Book Services.

4.10 - 12 ROAD SAFETY GUIDELINES Road Safety Guidelines for the Asian and Pacific Region

The guidelines cover 14 individual sectors affecting road safety, with four introductory chapters and four appendices. Information is presented in a series of freestanding documents that can be extracted for distribution and discussion.

Executive Summary 1: Introduction and Background 2: Road Safety Trends in the Asian and Pacific Region 3: Road Safety Action Plans and Programs 4.1: Coordination and Management of Road Safety 4.2: Road Accident Data Systems 4.3: Road Safety Funding and the Role of the Insurance Industry 4.4: Safe Planning and Design of Roads 4.5: Improvement of Hazardous Locations 4.6: Road Safety Education of Children 4.7: Driver Training and Testing 4.8: Road Safety Publicity and Campaigns 4.9: Vehicle Safety Standards 4.10: Traffic Legislation 4.11: Traffic Police and Law Enforcement 4.12: Emergency Assistance to Road Accident Victims 4.13: Road Safety Research 4.14: Road Accident Costing Appendix A: Useful Documents Worth Acquiring Appendix B: International Contacts and Organizations Appendix C: Comparative Study: Fiji Road Safety Action Plan Appendix D: Comparative Statistics

For more information on ADB, visit: http://www.adb.org