Killers
take the wheels
By Mudliyar
With
the dawn of peace, a family which fled Sri Lanka during the infamous
and bloody riots of July 1983, returned. They eventually became British
citizens.
They were proceeding
to Kandy in a friend's car to meet their relatives. The driver moved
the vehicle at full throttle till one of the grand children started
screaming. No one knew the reason for the child's cry of anguish.
Was it the heat or the inhospitable climate, they did not know.
The child had
one demand: ''Stop the car here.'' The grand parents could not see
the connection between the child's cry and the vehicle in which
they were driven. The cry became loud and went into decibels which
was unbearable. Finally they yielded. The car stopped. The distressed
child pointed at the driver: ''I will not get into the car unless
you change the driver.''
Their local
parents were exasperated and bewildered. They asked the child what
was wrong with the driver. "Can't you see grandma that he has
come from hell!"
''Why do you
say so'' asked the grandma.
"Why grandma
this driver did not apply the brakes and stop the car at a single
pedestrian crossing. He drove at break-neck speed disregarding the
pedestrian on the crossing and at the last pedestrian crossing he
nearly knocked down a child and his mother," the child said
and refused to get into the car until the driver was changed. Finally,
a relative drove them to Kandy. The relative made it a point to
stop at all pedestrian crossings and observe traffic rules to the
letter.
In Europe,
children see the law in action when their parents violate traffic
regulations. Even as babies they may have seen traffic policemen
imposing spot fines when babies are not kept in a baby seat in a
back seat of the car. They recognise that laws are strictly enforced
by the Police.
Any foreigner
visiting a developed country would find that people do not violate
traffic laws. Even at a party where liquor is consumed in large
quantities, the driver abstains from taking not more than two glasses
of beer. If the Police detects a motorist who has taken even a little
more than the permitted quantity of alcohol he/she will be taken
to the Police Station and locked up till morning. Fines are very
heavy for driving under the influence of liquor and the cancellation
or suspension of the driving licence follows immediately.
In Sri Lanka,
generally laws are there to be violated and those who violate the
law becomes heroes. Traffic offences and spot fines are imposed
at a ratio of 1000:1 violations. Any law abiding motorist can see
how traffic laws are openly violated. The lanes on the road mean
nothing to offenders. Hardly any vehicle runs within the lane. Many
seem to think that lanes have been drawn by some crazy road workers
for the edification of some foreign or local engineer.
Under Section
151(1) of the Motor Traffic Act, the maximum fine that could be
imposed on a person driving a passenger car under the influence
of liquor is Rs. 2,000 and Rs. 3,000 for driving a bus or a coach
meant to carry passengers. If the vehicle meets with an accident
and causes injury to a third party, the fine is Rs. 3,000 or/and
a jail term. In the event of death the driver could be sentenced
to a jail term up to ten years. But it will be very difficult to
find a driver who had been charged in the Magistrate Court under
Section 151 of the Motor Traffic Act and sentenced to a jail term.
When the plastic
driving licence was introduced it was hailed as a innovative and
a progressive step. But unlike the old driving licence which carried
the sentences imposed on traffic offences on the licence itself,
the plastic card (driving licence) has to be supplemented by another
sheet on which the sentence is recorded.
As the sheet
could be detached from the driving licence and there is no way in
which anyone could identify the sheet that is attached to a particular
driving licence, the driver who has convictions recorded on the
sheet could throw it away and a blank sheet could be interpolated.
There are people outside the RMV who sell such sheets for Rs. 50.
Therefore, it is impossible for a Magistrate to find out the previous
convictions of a particular offender. Any person driving a vehicle
feels that he is free to commit any traffic offence without a sentence
being imposed on him.
Namel Weeramuni,
a solicitor who had practised in London for more than 20 years,
returned to Sri Lanka on retirement. he finds it difficult to drive
on Sri Lankan roads. He adheres to traffic laws and is a square
peg in a round hole! He was so frustrated with the contempt with
which both drivers and pedestrians treat the traffic laws in this
country. He hopes to produce a short film - titled 'Road Etiquette'
- 'Pare Sadacharaya' - on the importance of adhering to traffic
laws. He said the first sign of the breakdown of law and order could
be seen on Sri Lankan roads.
Now everyone
is concerned with private bus drivers who are allegedly on a killing
spree. Peace has dawned and there is no fear of bombs exploding
around you. People are moving freely enjoying themselves on journeys
across the length and breadth of the country. But an increasing
number of people are killed by private bus drivers.
A Senior Police
Officer was of the view that more than 25% of the drivers who drive
private buses do not have licences to drive heavy vehicles. Even
if they are arrested by the Police and produced in court for having
killed a pedestrian, it is only in rare instances that they are
punished.
This is a clear
indication of the Rule of Law falling apart. No one is bothered.
The people who are as equally guilty as the drivers take the law
into their hands and set fire to private buses and damage public
property and nothing whatsoever is done to arrest them. And what
is more surprising is the Police deduce that there was some moral
justification for such illegal action.
This attitude
is worse than the original crime of killing pedestrians. It will
be interesting to note that rarely or never are such offenders produced
in Court. The reason for such public behaviour is not only that
people are bent on summary punishment but it is more of a herd instinct
of a group of citizens who try to show their anger and resentment
and to prove that they can do better than the driver who killed
the pedestrian, or the police who should bring him to book.
If the people
are to be taught the basic tenets of discipline the first step is
through observance of the basic rules of traffic laws. If pedestrians
or motorists violate traffic laws they must be subjected to spot
fines and the spot fines should be increased ten-fold. This may
lead to corruption. But though corruption is endemic the fact that
the police are corrupt should not deter the Legislature.
Nelson de Silva,
a leading traffic lawyer, advises that applicants for licenses to
drive buses must be sent to a school just as the CTB did and ought
to be trained for at least three months before obtaining a certificate
of competence from the training school. He says there are less accidents
involving CTB buses than private buses. If training schools cannot
be established, the authorities should expand the CTB training school
to accommodate drivers of private vehicles who apply for driving
licences for buses.
With the ceasefire
people thought that there would be less violence in the country.
What we see instead is continued carnage at the hands of private
bus drivers and the underworld. The war seems to have stopped but
the killings continue!
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