Riding motorbikes on footpaths in the capital has

become rampant, leading to many accidents. How to

address the problem

They're everywhere now-roads, streets and even footpaths. Their speed often appears to
'supersonic' and they simply don't care. When we move through the footpath, we dont
know that we might in wait for a fatal dash by one of them. We never know when a
motorcycle, coming from the wrong direction, knocks us down. Motorcycles these days
have turned out to be a new hazard for pedestrians. The new kind of menace is being faced
not only in Dhaka city but also other district towns and urban centers face it.
The most surprising and unethical scenario is the traffic police seems to be ignoring the
motor-bike riders ride as you wish attitude. Even traffic signals are being ignored by
them. They drive their vehicles in as terrifying speed. As if they consider busy roads they
travel on their two-wheel vehicles as speedy as helicopters do in the sky.
Motorcycles are often seen intruding into the narrow spaces between the rickshaws and the
passenger buses running the risk of being smashed. The drivers too simply ignore the
traffic signals just under the very nose of the law enforcers. Motorcycle accidents can be
tragic and upsetting events. The statistics speak for themselves. Serious bodily harm and
even death are often the result of such tragic occurrences. According to a recent survey, of
the accidents that do occur, approximately one out of every five is actually lucky enough to
come out of the ordeal with just minor bumps and bruises.

The lack of a protective barrier between the driver and the road ultimately leaves
motorcyclists in a very vulnerable position. There are many common causes of motorcycle
accidents, of which the most frequent, and clearly the predominant cause, seems to be a
result of other motorists simply not seeing and recognizing motorcycles in dense traffic.
Several surveys too lend support to this claim as they suggest that virtually two thirds of all
accidents involving a motorcycle and another motor vehicle are a direct result of a motorist in the
car turning into a motorcycle and violating the motorcyclist's right of way.
It has also been suggested that motorcyclists are 27 times more likely to die in a collision than are
passengers of the other motor vehicles and they are also five times more likely to sustain some
injury. One can see then the devastating effects of car-motorcycle collisions. There are many other
causes of motorcycle accidents that occur quite frequently. One in particular reason is that many

motorcyclists are inexperienced and simply do not know the limitations of their machine. Hence,
these new riders push their motorcycles to their threshold, which, in most cases, far exceeds the
speed limit. This brings about another common cause of motorcycle accidents. Of course, speeding
is not solely restricted to new and young motorcyclists, as often older and more experienced drivers
are also guilty of operating their machines beyond the legal maximum speed. Many motorcyclists
love the feel of the wind blowing through their hair, the freedom of the open road and the thrill of
going so fast at a mere few inches from the asphalt but, traveling at velocities over the speed limit
can have dire consequences. A simple slip of the wheel or unexpected obstacle in front of the
motorcycle can send the driver reeling out of control. Thus, speeding can be very dangerous and is
often the cause of motorcycle accidents.

Another common cause of motorcycle accidents is a result of the motorcyclist's negligence.

In cases where the accident does not involve another vehicle, the failure of the motorcyclist
to slow down when cornering or simply under-cornering as well as over braking in some
instances. There are many additional agents that could cause bodily harm after the initial
accident also. Fuel leakage and spills in the post-crash phase can introduce a fire hazard
and are common in approximately 60 percent of all accidents sites in foreign countries.
The traffic department needs to handle the new menace urgently. It can organize a
'motorcycle week' to create mass awareness over do's and don'ts while riding motor bike.
The drivers have to be told that they are to follow traffic rules as strictly as others in motor
vehicles do. They have to be warned that they do not have any right to move with their
bikes in any side of a road as they like and they will be committing traffic offence and face
due punishment.

The Bangladesh Bureau of Statistics Health and Morbidity Status Survey revealed that
motorcycle is at the second position among all road, railway and waterway transportations
for causing accidents all over the country. About 11.66 per cent respondents in the survey
had faced accidents caused by motorcycles. The percentage is slightly higher in urban areas
than in rural areas. The Accident Research Institute of BUET found that motorcycle
accidents accounted for about 14 per cent of the road accidents in 2013, up from three per
cent in 1998. It was found that motorcycles were three times more risky in causing fatal
accidents than four-wheeler vehicles, for its unstable and unshielded feature.

Sec-85 (1) of the Motor Vehicles Ordinance- 1983 derives about how to ride a motor
bike in public place. It says-

No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in
any public place at a speed exceeding the maximum speed fixed for the vehicle by or under
this Ordinance or by under any law for time being any force.

Also Sec-143 of the same act provides punishments for driving dangerously and recklessly
in public place. It saysWhoever drives a motor vehicle at a speed or in a manner which is dangerous to the
public, having regard to all the circumstances of the case including the nature, condition
and use of the place where the vehicle is driven and the amount of traffic which actually is
at the time or which might reasonably be expected to be in the place, shall be punishable
on a first conviction for the offence with imprisonment for a term which may extend to [six
months], or with fine which may extend to [five hundred] Taka, and his driving license
shall be suspended for a specified period, and for a subsequent offence if committed within
three years of the commission of a previous similar offence with imprisonment for a term
which may extend to [six months], or with fine which may extend to [one thousand] Taka,
or with both, and his driving license shall be [suspended for a period not exceeding one
month].

Riding motorbikes on footpaths is obviously illegal. There are some proposed laws which
may reduce the number of fatal accidents cause for riding motorbikes on footpaths to
ensure the right to secured life of the citizens of Bangladesh.

Shabnam Talukder Barsha

School of Law
BRAC University,
Dhaka, Bangladesh