If the system is flawed, more ‘sticking plaster’ laws won’t cure it

The Traffic Amendment Act gazetted on November 9 has attracted much public attention — mainly because the Bill that preceded it contained some astonishing provisions.

The changes, in plainspeak, are: All driving licence renewals will now be for three years. The one-year option (what for?) is gone.

The remaining question is why only three years … why not five or 10? And whatever the time span, would it be a good idea to ensure that the holder of a driving licence had actually been properly taught and tested?

The positioning of police road blocks is now restricted to designated places. As the police already focus on habitual sites, and the new regulation allows plenty of wiggle room for exceptions, this amendment may have little practical impact.

The new law orders the Highway Authority to erect speed limit (and delimit?) signs. Compliance would involve the production and erection of tens of thousands of them.

We must rely on other Acts for enforcement of this order, and any penalties for default. Motorists live in trepidation of how inappropriate some of the limit zones and levels might be.

Disruptive behaviour

There are new penalties for exceeding any speed limit by 20kph or more — a minimum fine of Sh20,000, and for three or more such convictions a driving ban of at least three years. There is still nothing in the Act which specifies how speed will be measured, or which assures accuracy.

Much of the new law focuses on regulation of public service vehicles (matatus). Uniforms must be worn by their drivers (navy blue) and conductors (maroon). Crew must be licensed and wear badges.

PSV drivers must be re-tested every two years. If a designated driver hands over to an unofficial substitute, each of them faces a Sh100,000 fine.

The penalty for overlaoding increases to a base fine of Sh20,000 plus Sh5,000 for each passenger in excess of the vehicle’s licenced capacity.

Matatu owners must employ one driver and one conductor per vehicle, and pay them a permanent monthly wage. The details fall under another Act (employment terms, minimum wages, etc).

No doubt the very positive aim is to reduce matatu crews’ financial dependence on performance commissions, which hitherto have been at the root of much of their outrageous driving behaviour.

Motorbike riders (including boda bodas) must wear helmets and jackets with reflectors (maximum penalty Sh10,000).

They must be licensed and insured, and carry only one passenger at a time, for whom they must provide a helmet and reflector jacket. Presumably mothers with babies (two passengers) can no longer travel by boda boda, which is probably a good thing.

The amendments direct that a summary of offences and penalties must be provided to all law enforcement officers.

And the public?

Finally, police bosses are now made responsible for all traffic matters within their divisions, and all police officers are now responsible for the same.

This provision appears to supersede the Traffic Department without actually saying so, though some sort of overarching coordination will still be necessary. Traffic does tend to move from one division to another.

Disruptive behaviour

While divisional autonomy could throw up all sorts of anomalies, none of the recent amendments will be regarded as unreasonable.

What motorists still yearn for is laws that also defend their rights and not just impose penalties, and some indication that those responsible for the traffic environment will also be subject to stricter discipline … with deterrent penalties.

No sign of that yet.

Three longer-term concerns abide: One, the number of motor vehicles on the roads has quadrupled in the past 20 years and continues to increase exponentially. Perhaps a more fundamental overhaul of traffic administration and law is needed. If the traffic system is seriously ill, a few more “sticking plaster” laws won’t cure it.

Two, if a million vehicles and 40 million pedestrians use the same roads at the same time, lots of people are always going to get hurt. Worldwide, the best way to keep traffic flowing and the only way to keep traffic safe is to physically separate different types of road user. It’s time Kenya invented sidewalks and cycle (cart) paths.

Three, spare a thought for the police. They are charged with maintaining order, flow and safety in a system that is inherently chaotic, clogged and dangerous. Above all, they’re supposed to achieve that miracle on moving traffic which covers long distances … while they stand on foot on the hard shoulder.

Unless they move with the traffic, how can they even identify, never mind effectively address, really disruptive and dangerous behaviour?