Amending speed laws; a long-felt need

By K.K. Kariyakarawana

A good network of motorways and a sound transportation system is essential for a country to develop and for the economy to flourish. For a better operation of logistics and for a good flow of traffic, this is important. Congested traffic incurs a loss in millions of rupees plus invaluable time which could directly affect the smooth flow of a system. Although heavy traffic on roads is not an uncommon sight in Sri Lanka over the years, President Mahinda Rajapaksa’s request to amend speed laws to keep pace with the emerging road structure is noteworthy. With the setting up of new high speed ‘western-style’ motorways like the Southern and Colombo – Katunayake Expressways and the development of many dilapidated rural roads connecting the boundaries of the country, the need to amend motor traffic laws to enhance speed limits was a necessity the public and the authorities felt for quite awhile.

However, to achieve this aim was no easy task due to the prevailing infrastructure and condition of the roads where mobility was a question concerning health and safety of road users like cyclists and pedestrians.

Setting out pavements and separate lanes for cyclists and motorcyclists is compulsory but could hardly be seen on many roads especially on common eight foot roads.

With hundreds of new vehicles on the roads and their ability to gain high speed levels in no time, has not helped to create fast moving traffic but rather creates congestion with the old and less modified vehicles struggling to keep pace.

It is no secret that motorists irrespective of the vehicle they drive are willing to drive at high speed whenever they get an opportunity.

Wherever these facilities are provided motorists do not hesitate to travel at speed but policeman armed with speed guns stealthily hiding behind roadside trees apprehend drivers for speed driving and clamp on the-spot fine for speeding.

This has compelled drivers to drive at low speed even though the newly-built roads can accommodate speeds upto 100 kilometres per hour.

The prevailing speed limits announced in the Government Gazette No. 853/14 of 13-01-1995 are described for light vehicles a maximum of 60 KMPH within urban areas and 70 KMPH outside city limits.

For lorries and heavy vehicles the limit is 50 to 60 KMPH and for motorcycles and three-wheelers it is 40 KMPH. These revised laws had been brought into effect in 1995 from antiquated laws of 1981 under a directive of then President Ranasinghe Premadasa who wanted to increase speed limits of container transporting apparel to the Colombo Harbour.

While welcoming President Mahinda Rajapaksa’s statement to revise speed limits, a specialist on motor traffic law and retired senior police officer responsible for drafting many motor traffic laws in Sri Lanka told the Sunday Observer that the condition of roads has to be improved to enhance speed limits taking into consideration safety issues.

The veteran requesting anonymity said that laws pertaining to speed limits was designed by a joint committee of the Road Development Authority, the Urban Development Authority, Traffic Police Headquarters, Provincial Councils, Local Governments and specialists of the University of Moratuwa. Speed limits would differ depending on the type of road as for A (trunk) and B (main) roads belonged to the RDA whereas C, D and E roads belong to Provincial Councils and the other roads come under the purview of Local Government bodies. The byroads in Colombo belong to the Colombo Municipal Council.

Revised laws have to be submitted to Parliament through a Cabinet paper for approval before the public are made aware. Then only the new limits could be displayed on the roadside and legal action could be taken against those who breach them, he said.

However, prosecuting speeding drivers according to the prevailing laws were temporarily halted after a Supreme Court ruling in 2006 following a petition filed by an individual who was apprehended by police for the offence. The individual who challenged the law argued that if drivers are to be stopped for speeding, warning signs of speed limits should be displayed appropriately in relevant areas like in western countries. Many developed countries in the West and in Asia who use sophisticated motorways and highways have set up speed warning signs to educate drivers.

Ample warnings from point to point alert drivers to control speed instead of imposing an overwhelming low speed limit for the entire journey that could result in time being wasted. Those who defy the law would be monitored and their vehicles with the registration numbers will be photographed by roadside cameras.

Prosecuting drivers under the charge of speeding which comes under Section 140 of the Motor Traffic Act No. 08 of 2009 was then ordered to be temporarily halted until the RDA complete setting up warning signs on speeding on roadsides.

When the police sought the advise of the Attorney General they were instructed to inflict charges on speeding drivers under Section 152 of the Act, as dangerous driving.

Director Traffic Administration and Road Safety of Traffic Police Headquarters, SSP R.A.D.C. Ranasinghe told the Sunday Observer that so far the police has not been officially informed of the President’s statement to increase speed limits. The President made this statement at the opening of the new Anuradhapura – Padeniya Road a few days ago. He said if the Government is going to take a decision to increase speed limits, drivers and pedestrians have to be educated about prevailing motor traffic laws. Apart from the necessity to develop roads with pavements to accommodate such speed limits, pedestrians should also be aware of how to use a road. He said jaywalking and disobedience of traffic signal controls is common offence nowadays and led to many accidents.

According to SSP Ranasinghe, speeding is one of the three main reasons for accidents. “Accidents mostly occur when drivers try to overtake, and due to speeding. The number of accidents reported are high due to the large number of vehicles on the roads. Statistics show that 4.8 million registered vehicles are on the roads and 2.6 million are motorcycles and three-wheelers. Although the rate of accidents in had increased during the past few years, the number of fatalities reported has significantly dropped,” he said.

Another reason for accidents is indisciplined drivers who do not limit to lanes while using the road. However, the blame cannot be put only on motorists due to lack of width and space for drivers in the old road system, the SSP said.