Peter Espeut | Slow speed on traffic regulations

No one could successfully accuse any Jamaican government since Independence of acting with haste to address the problem of indiscipline on our roads which cause hundreds of road deaths annually, high insurance premiums, and hundreds of millions of dollars to be added to the government spend on hospital care.

The new Road Traffic Act – mooted for decades and in draft since 2013 – was passed by Parliament in 2018. The regulations for the act were tabled in Parliament on February 1, 2022, and are yet to come into effect. No “Gun Court speed” for road traffic legislation!

Fatal collisions have been a worrying statistic. With the quality of public transport in decline, and with very many more cars on the road, collisions may logically be expected to increase. The frequently heard allegation that drivers’ licences and vehicle fitness certificates are easy to procure through bribes has not been refuted; or addressed; unqualified drivers behind the wheels of unfit vehicles (on deteriorating roadways) are a deadly combination.

In 2019 (pre-pandemic) Jamaican road-users set a national record for road fatalities: 435 persons were killed on our roads. One might reasonably have expected that in 2021 at the height of the COVID-19 restrictions with few face-to-face classes (therefore, the children are indoors), and with so many adults working from home, and with people supposed to be off the road “from early o’clock”, road fatalities should be substantially down; yet in 2021 Jamaican road-users set another record of 487 people killed in traffic crashes!

Up to October 21 this year, 362 road deaths were recorded. Pedestrians account for 20 per cent of all road deaths to date, with motorcyclists accounting for 30 per cent. Motor vehicle drivers account for 20 per cent of all fatalities and motor vehicle passengers account for 14 per cent. Studies indicate that widespread wearing of helmets and seat belts would reduce road fatalities.

HELMETS

As I drive about my daily business, I observe that less than half the motorcyclists I encounter wear helmets, and almost no pillion riders. Were a traffic cop (with good eyesight) to position himself at any spot in the Corporate Area (and maybe even in rural areas), he should be able to exhaust several ticket books each day. Should he seize the motorcycles of those riders without helmets, he should be able to fill several trucks each day.

If we cannot enforce the wearing of helmets – anyone who has eyes can detect this violation – how can we possibly enforce hidden offences like driving without a licence or insurance? Or criminal offences which require forensic detection and investigation?

Jamaica lacks a culture of enforcement in almost all areas; few are prosecuted for traffic violations, environmental breaches, land capturing, illegal construction, electricity theft, nepotism, cronyism, breaching procurement guidelines … and the list could go on and on.

Even if all motorcyclists wore helmets, it is likely that fatalities would still be significant. It is part of our culture that motorcyclists bob-and-weave between cars, buses and trucks (it used to be called “dollying”); they are some of the most indisciplined users of the road. Many have only learner’s permits even after 20 years on the road, which means they have not been tested on their knowledge of the Road Code.

In my view, no one should be issued with a learner’s permit (for any vehicle) without first passing an eye test and the road code test. I am pleased to see that both these requirements are in the upcoming new regulations.

Presently, learner-drivers have to have a licensed driver beside them in the car at all times, but learner-motorcyclists ride alone with their L-plates affixed; and they can do this for decades and never get a licence. Under the new regulations “the holder of a learner’s permit to operate a motorcycle on a road shall, at all times, be accompanied by an instructor who is driving on another motorcycle within six metres of the learner driver”. Is this ever going to be enforced? Especially in Westmoreland? Anyone wanna bet? Time will tell!

VULNERABLE GROUP

Another vulnerable group of road-users are pedal cyclists, but unlike all advanced countries, Jamaica presently has no law requiring pedal cyclists to wear helmets. The time has come for Jamaica to step up in this area. Injuries resulting from falling off a bicycle and hitting one’s head will be reduced if helmets are worn. It’s the civilised thing to do!

Under the new regulations, for the first time pedal cyclists and pillion riders are required to wear protective helmets, and to keep the chinstraps “fastened at all times”. We must live in hope, but what are the chances that this regulation will be obeyed or enforced? You tell me!

With the demand for bicycle-riding helmets set to take off, will a new occupation (helmet thief) be created? Riders will be wise to mark their helmets indelibly, and carry them on their person at all times!

Even if drivers and riders have all the necessary safety hardware, there will still remain the problem of drunk driving, driving under the influence of ganja, and general indiscipline.

Many cyclists of all varieties seem to believe that stop lights only apply to motor vehicles. Many drivers seem to believe that obeying a stop light means stopping behind the light, rather than behind the white line painted on the road behind the light. I cannot count the times I have stopped behind the line only to see another vehicle (often a taxi or minibus) pass and stop in front of me.

Speaking of taxis and minibuses: I believe that professional drivers need to be held to a higher standard since they transport the travelling public. Instead, they are allowed to race around the city and country endangering their passengers as they seek to maximise their revenue.

Ultimately, the high incidence of traffic accidents resulting in deaths, crippling injuries, and general trauma, are the result of management and regulatory failure. Decades of licence-buying and poor enforcement has made Jamaica a dangerous place to live.

Peter Espeut is a sociologist and development scientist. Send feedback to columns@gleanerjm.com