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Who gives the licence to kill?
By Chamintha Thillakarathne, Faraza Farook and Nilika de Silva
With virtual terror on the roads leaving more than 35 people dead during the past two weeks, fingers are being pointed at each other and in various directions while little is being done by way of effective action.

Most commuters are balming reckless and profit crazy private bus operators for the bloody madness or chaos on the roads.

A spokesman for the bus operator admits that a shocking 5000 of the 20,000 private bus drivers know little and sometimes careless for the highway code while upto 200 of them are known to be regular drug users.

Others blame the mushroomed driving schools for putting unfit or ill trained drivers on the roads after helping them to obtain licences under the counter- licences to kill.
The police say they don't have adequate traffic officers to effectively implement the laws which in any effect are widely seen as being outdated and ineffective.

They say they have started recruiting 200 new traffic officers while the Transport Minister has pledged that severe penalties including cancellation of licences would be imposed on reckless or negligent drivers. But most of these like most matters in politics is still at the promising stage and the people are waiting to see what will be produced-hoping that the wait won't be as long as that of a queue at a village bus stand.

National Transport Commissioner, A. B.Thalagune said that a training course that was started for conductors and bus drivers two years ago had been stopped due to lack of funds.

"We trained about 10,000 drivers and 10,000 conductors under this programme which was funded by the World Bank. Although there is an urgent need for such a training programme the Commission is helpless due to lack of funds," he lamented.

He also said that since the Commission was only an advisory body' without regulatory powers it was restricted in taking stern action against aggressive drivers on the road.

Mr. Thalagune pointed out that although the commission had made several recommendations regarding road safety they had been over looked.

Talking about measures that will be taken in the future, he said from 2003 route permits will not be issued to single bus owners. Describing it as a move to reduce competition among private bus operators, he said a bus owner should own at least 50 buses to be eligible for the permit.

If multi- bus operators are permitted to operate they will not compete with their own bus drivers, he said.

Drivers being over worked is another reason for the increase in road accidents. According to labour regulations a bus driver is expected to work seven and a half hours and on special occasions they could work 14 hours.

If the drivers are required to work the following day also, they are entitled for a rest period of ten hours before starting work. However in practice the situation is different.
Gemunu Wijeratne, spokesman for the Private Bus Owners' Association said such strict working hours are not followed. "We take into account the hours they spend driving, that is excluding the hours they stay parked or await turns. The calculation of hours therefore is impossible," he said.

Health experts say fatigue is often a major cause of accidents as drivers may have visionary, auditory, and reduced attention level and slow reflex action as the day progresses.

The National Transport Medical Institute Chairman Gamini Karunanayake said little attention is given to medical fitness of a driver. Many drivers, he said, suffer from serious ailments such as coronary heart disease, defective vision, epilepsy and high blood pressure in addition to being pahysically, mentally and temperamentally unfit.
He said medical examinations carried out last year among heavy vehicle and private bus drivers who came to obtain licences or renew licences revealed that over 10% of them suffered from some medical ailment.

In the backdrop of the recent spate of accidents, the Registrar of Motor Vehicles has come under attack for liberally issuing heavy vehicle licences without subjecting the drivers to strict examination.

"We are only a body issuing the licences to those with minimum qualific ations that make them eligible to obtain a licence. When we issue a person a licence, it does not say that he/she is a professional bus driver. It only says that he has fulfilled the minimum requirements to drive a heavy coach," RMV Commissioner E.Jinadasa said.
He explained that although a licence is a basic requirement for driving, in public transportation, and military vehicle driving, special training is given to assure that the person recruited is capable of handling the job. "This should be the case when recruiting private bus drivers as well," he said.

Again as a government body without powers of punishment, RMV officials have suggested that a fine of Rs.50,000 be charged from drivers and bus operators who are the culprits for severe accidents.

While drivers complain that bad road conditions, badly lit road signs and unmarked bumps/humps also cause accidents, the Road Development Autho rity says the fault lies both with motorists and pedestrians.

An RDA official said pedestrians do not adhere to road rules and cross roads from wherever they please, often jumping over barriers, while drivers avoid speed humps by driving on the wrong side of the road or by ignoring road instructions. "Rarely do accidents occur merely due to bad road conditions," he said.

Some times private buses are owned by top public servants, police higher ups and even criminals inlcuding smugglers and drug addicts. In such instances traffic offenders get away free by using influence or by giving bribes.

Police who are the first to be at hand at an accident, have called for the amendment of laws relating to violators of traffic rules.Since 1981 the spot fine has remained at Rs. 100 which is an ineffective detterent, traffic Assistant superintendent V.T. Sundaralingam said.

He said the lack of long term planning, uneducated people choosing driving as an easy employment opportunity, and the fact that 50 percent of the drivers are inexperienced are factors that need to be addressed immediately.

Former DIG Traffic, Camillus Abeyguna wardene says the lack of planning on the part of the government and the police are partly to be blamed. "Successive governments and police departments have not given the problem of traffic management the attention it requires. Road safety should be made government policy," he pointed out.
More than the detection of road traffic violations, he said, it was essential to create an environment or perception that a traffic violator would be booked and would not be able to get away without facing a penalty, a high fine or a jail term.

He also called for more hi-tech equipment including speed cameras, red light cameras and unmarked cars with policemen to apprehend offenders.

'Survival name of the game
The lack of security in the job of a private bus driver is the main factor behind the competition to increase profits, Lanka Private Bus Owners Association, general secretary, Rohan de Silva says.

Lack of job contracts, EPF and ETF payments and the lack of a retirement scheme have contributed towards the insecurity of private bus drivers and conductors.
Their sole source of survival depends on day to day earnings he said.

Although this is a free economy, bus fares are not decided by the bus owners, LPBOA General Secretary said emphasising that diesel prices have however been escalating.

"The cost of diesel has increased by 200 percent while the fares have only increased by 40 percent. In 1997 diesel was Rs 11.50 a litre, today it is Rs. 30.

"For the past three years we have had to bear a loss of Rs. 1,500 per day. If we run the bus our loss is about Rs. 500 whereas is we don't run the bus our loss is about Rs. 2,000."

"After going more than 20 times for discussions - we launched a strike because one has to let the public and the government feel the importance of the sector," Mr. de Silva said.

No safety standards
In the backdrop of the recent spate of accidents, City Coroner Edward Ahangama says he had proposed to the Transport Commission about five years back that relevant statutes and laws be amended to make it compulsory that safety precautions are adhered to in private buses, but little had been done.

"In most of the buses there are no doors. Even if there are doors they are kept open by the conductors to pick up passengers on the way. This results in passengers being thrown out," Mr. Ahangama said.

He also said the right side opening on a three wheeler was also hazardous and should be closed.

The coroner identified drunkenness, speeding, incompetence, recklessness, and carelessness among the commonest causes for accidents.

"Earlier a large number of accidents were due to CTB drivers. But now they have been over taken by private bus and three wheel drivers," the coroner said adding that 75 percent of three wheelers operate without revenue licences.

Sometimes the road conditions are not conducive to safety driving as pits are dug up for telecom and power lines and kept open. Stagnant water pools also contribute to road hazzards as the drivers try to avoid these and breach traffic laws.

Minister puts onus on owners
Transport Minister Tilak Marapana on Friday proposed new legislation to cancel route permits of private bus operators who regularly commit offences.

"What I propose to do is to hold the owner of the vehicle liable," Minister Marapana said at a meeting with top transport and other officials to work out emergency measures to check the spate of road accidents.

In the event of accidents, for the first offence the driver will be warned, for the second his licence cancelled and for the third the route permit of the owner cancelled, Minister Marapana said.

"If we are selecting a driver for our vehicle, we will always first check his driving. Why cannot the bus owners also work with the same responsibility," he asked.

The meeting discussed training programmes for private bus drivers and workshops to be conducted by the police, the issuing of certificates of competence to handle passenger vehicles, and medical certificates to be required from drivers over 40 years of age and the detection of vehicles which are not road worthy.

But private bus Owners association spokesman Gemunu Wijeratne protested that if road worthiness tests were conducted, upto 75% of the buses would be thrown off the roads. He claimed that some private operators found it difficult to even buy new tyres and therefore proper maintenance was a major problem for them.


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