Into the details of the Road Safety Rules, 2022

The government has recently enacted the Road Safety Rules, 2022 for the better implementation of the Road Transport Act, 2018. It includes 12 chapters, 167 provisions, 9 schedules and 44 forms. Rule 2 includes all the definitions required for the purpose of the Rule.

Chapter 2 deals with driving licence renewal, expiration of licence and other issues in great detail. Rule 18 of this chapter provides about the procedures for driving licence for persons with disability. In Chapter 3, the Rules have made it mandatory for conductors and supervisors to have a licence which is a new addition. Under rule 27(2) of the Rules, the minimum age required for driving licence is now 20 years and minimum educational qualification has been lifted to junior school. The conductors are now required to have a licence under rule 23, and they will get minimum wages in compliance with the Bangladesh Labour Act, 2006 under rules 32(4)-(5).

In chapter 4, the procedure for registration and fitness of vehicles have been included. Rule 52 of this chapter provides exemption of registration fees for freedom fighters. Under rule 48, one can appeal against an order of cancellation of registration. Chapters 5,6 and 7 deal with other issues including formation of a transport committee, regulations for vehicle manufacturing, assembling vehicle parts, traffic rules and environmental protection compliance. Use of silencer in motor vehicles has been made mandatory under rule 83. Also, rule 86 has prohibited the use of any vehicle that causes excessive sound. The standard use of helmets for bikers have been included in rule 136, which was absent in the 2018 Act.

Chapter 8 of the Rules provides for compensation to victims in case of accidents and treatment to such victims. Financial assistance fund under a trustee board will be formed under rule 142. The amount and form of the compensation and all relevant details have been mentioned under this chapter. Chapter 11 spells out fines and penal sanctions for violation of any provision under the Rule.

Rule 160 grants power of appeal to anyone, who is aggrieved due to an order under the provisions of the Rules except chapter 9, within 30 days from such order. Digitisation of all possible services and formation of a central database server for preserving all data of the services must be made as per rule 165 of the last chapter.

Even though the Road Transport Rules, 2022 has many new features, it also has some loopholes. Under rule 125, speed limit for vehicles has been provided but no monitoring direction or guideline for punishment for breaking the speed limit has been mentioned. There is also no clear provision for fastening seat belts and children crossing roads.

The Rule has failed to provide any clear provisions to force transport owners to pay compensation to the victims. It has rather replaced the victim's right to sue motor vehicle owners with the right to apply for "financial aid" from a Financial Aid Fund through an executive process and not through the intervention of any courts or tribunals. There is also no provision for a Motor Accident Claims Tribunal unlike the previous Motor Vehicles Ordinance, 1983 which has now been replaced with the 2018 Act.

To end, although the new Road Transport Rules, 2022 can be appreciated for making some positive provisions for, such as, guaranteeing driving licence for persons with disabilities, exemption of registration fees from freedom fighters, stricter provisions for licence holders, bikers and conductors of public transport and so on; it has failed to make transport owners liable with hefty prices if their vehicles kill or injure any persons.

The Writer is an Official Contributor, Law desk, The Daily Star.