road and traffic act of bangladesh

7/27/2019 Road and Traffic Act of Bangladesh

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Government of the Peoples Republic of Bangladesh

Dhaka Transport Coordination Board (DTCB)

Clean Air and Sustainable Environment (CASE) Project

June 2011

Consultants Team

Abdul Alam Bhuiyan - Lead Consultant

M Abdur Rab

Barrister A K Rashedul Huq

Justice A K Badrul Huq (Peer Reviewer)

PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

DRAFT FINAL REPORT


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June 30, 2011Abdul Alam Bhuiyan

ConsultantRegulatory and Institutional Component

&Director

DevConsultants LimitedHouse no 04, Road 13

Baridhara, Dhaka

Project DirectorClean Air and Sustainable Environment (CASE) ProjectDhaka Transport Coordination Board (DTCB)Nagar Bhaban, Level 12Dhaka 1000

Subject: Regulatory and Institutional Consultant: Review and updating of the Motor Vehicle

Ordinance 1983 and Proposed Road Transport and Traffic Act Draft FinalReport.

___________________________________________________________________

Dear Sir,

Please find attached the Draft Final Report of the Proposed Road Transport and Traffic Act 2011 withsection by section comparison with the Motor Vehicle Ordinance 1983 for your perusal andnecessary action.

It may be requested that stakeholder comments on the draft may kindly be solicited so that thestakeholders workshop can be held and the draft finalized.

Thanking you

Yours Sincerely

Abdul Alam BhuiyanConsultant

CC

1. Executive Director, DTCB2. Chairman, BRTA3. Additional Executive Director, P&T, DTCB


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ToC-i

DRAFT

PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

TABLE OF CONTENTS

EXECUTIVE SUMMARY . .Ex-1

OVERVIEW BY CHAPTERS ..Ov-1

ANNEXURE : RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED

VIOLATIONS. Ax-1

CHAPTER I : PRELIMINARY. 1

CHAPTER II : ROAD TRANSPORT ADMINISTRATION. ..31CHAPTER III : LICENSING OF DRIVERS OF MOTOR VEHICLES.62

CHAPTER IV: LICENSING OF WORKERS. ...104

CHAPTER V : AUTHORIZATION TO OWN MOTOR VEHICLES ..111

CHAPTER VI : REGISTRATION OF MOTOR VEHICLES ..119

CHAPTER VII : PERMIT FOR TRANSPORT VEHICLES .150

CHAPTER VIII : OPERATION OF PUBLIC TRANSPORT SERVICES 194

CHAPTER IX : CONSTRUCTION AND OPERATION OF TERMINALS 217

CHAPTER XI : MANUFACTURER, ASSEMBLER AND DEALERS 235

CHAPTER X : CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 227

CHAPTER XII : USE OF ROADS AND HIGHWAYS .243

CHAPTER XIII : CONTROL OF TRAFFIC .282

CHAPTER XIV : PEDESTRIANS AND NON-MOTORIZED VEHICLES ..315

CHAPTER XV : ROAD SAFETY INSTITUTIONS AND PROCEDURES 327

CHAPTER XVI : TAXES ON MOTOR VEHICLES ...333

CHAPTER XVII : ANTI AUTO-CRIME MEASURES 351

CHAPTER XVIII : MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING BANGLADESH ..359

CHAPTER XIX : INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS .362CHAPTER XX : PLANNING AND CO-ORDINATION ..399

CHAPTER XXI : OFFENCE AND PENALTY PROCEDURES 405

CHAPTER XXII : MISCELLANEOUS ...434

THE SCHEDULE ..437


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EXECUTIVE SUMMARY


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Comparative Statement of the MVO 1983 and the Corresponding provisions of the proposed RTTA

EXECUTIVE SUMMARY

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EXECUTIVE SUMMARY

Henry Ford for the first time commercialised and mass produced motor vehicles in 1908. British India, withinnext six years enacted its first Motor Vehicles Act in 1914. Within next 25 years it was felt that the Act hasbecome obsolete and redundant; therefore, it was replaced by a new Act, the Motor Vehicle Act, 1939. In

about last 70 years the Motor Vehicles Act of 1939 has changed its name three times, East Pakistan MotorVehicles Act 1939 (1947), The Motor Vehicles Act, 1939 (1972) and Motor Vehicles Ordinance 1983 (MVO1983). Except for some insignificant changes, the structure and the contents of the Motor Vehicles Act 1939are the current motor vehicle laws of Bangladesh.

Laws are framed with the objective to regulate some form of activities, which in most cases are time sensitive.A motor vehicle of today and 70 years back are not same, similarly technology for motor vehicles,administration and operation are not same. Computers, the backbone of todays motor vehicle administrationand operation was part of science fiction 70 years ago.

The law to regulate motor vehicles may be obsolete and redundant but for that inadequacy the developmentof the technology and operation cannot wait, and did not wait. Modern vehicles kept on entering the marketwith newer technology and fuel source, the operation of public transport vehicles has changed, administrationand regulation of transport sector is being done with new tools, standards and procedures and the roads

users patterns have most radically changed. The new changes to the sector, in most cases, are not coveredby the current law. As such, most of the changes are either outside of the purview of the law or backed byexecutive orders.

Over the period of time, the effectiveness of the law has eroded and if the current situation continues thepresent law, MVO 1983, will have no relevance to the sector it is intended to regulate. With the abovenarrated backdrop the work of updating the MVO 1983 has been taken in hand.

Consultancy to update the MVO is awarded to an individual consultant under the World Bank funded CleanAir and Sustainable Environment (CASE) Project. Though the contractual obligation is to a consultant, a teamof four experts, a retired Judge of the Supreme Court, a barrister, a transport and legal expert, and the leadconsultant has worked with the full financial, administrative and secretarial support of DevConsultants Limitedfor last 14 months to prepare this draft.

In the Kick Off meeting of the consultancy it was observed that the structure and contents of the MVO 1983 isso obsolete and redundant that it is a better option to prepare a new law by the name of Road Transport andTraffic Act encompassing all road users instead of updating the MVO 1983. While preparing the provisions ofthe RTTA, it has been kept in mind that the law cannot be changed very often; therefore, provisions of the lawhave to be such that it should be able to address the present and foreseeable future road traffic regulationneeds. At the same time provision has been kept in the law to keep in abeyance, if the Government sodesires, laws which are considered appropriate for subsequent application.

The MVO 1983 has 12 chapters, 183 sections and 12 schedules, while the proposed RTTA has 22 Chapters,370 sections and one schedule. The number of chapters and sections has increased to address new issueswhile the number of schedules has dramatically reduced due to the fact that the schedules in most casespertained to forms and procedures, which needs frequent changes, have been taken out of the MV law andwill be addressed under the Rules / Regulations making powers.

The methodology adopted for carrying out the study was: identification of the issues of each chapter,consultation of similar laws of the sub continent, regional countries like Malaysia and Singapore and UK and

Australia to find out the legal provisions of similar issues in those laws. In addition discussion was conductedbetween the client, BRTA and the consultants. Interim reports were submitted as the work progressed.

The chapter on the Bangladesh Road Transport Authority (BRTA) has been changed to Road TransportAdministration to give the law greater application. BRTA is both a regulatory body and a service provider. Itprovides services in the form of issuance of motor vehicle license, registration of motor vehicles, issuance ofvehicle fitness certificate and issue of permits etc. The road transport sector is growing at the rate of about10% per annum; service demand is also growing at the same rhythm. Organizationally it is not possible forBRTA to grow at the same pace. Therefore, in the new law provision has been kept to outsource the serviceswith regulatory oversight of BRTA.

Provisions for licensing of drivers have been updated and fine tuned and has been brought in line with other

modern laws. Classification of vehicles with license requirement for every class has been redefined.Provisions for bilateral / multilateral recognition of drivers license have been included to address the futureneeds of the drivers transiting through Bangladesh. MVO 1983 had restricted itself to licensing the conductors


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EXECUTIVE SUMMARY

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of the public service vehicles; the proposed new law includes licensing of all transport workers includinghelpers etc.

The registration laws of motor vehicles have been modernized in line with other modern laws. Provisions havebeen made to ensure that vehicles imported or locally made comply with the construction, weight, equipmentand emission standards and are fit for registration and use. In addition, to restrict the uncontrolled growth ofmotor vehicles provisions have been made for mandatory obtaining of authorization certificate from theGovernment prior to possessing a motor vehicle.

Public transport operation has gone through radical changes and new and modern methods of publictransport operation are order of the day. Provisions have been made to bring the public transport operationunder competitive bidding and franchising. The provisions address the needs of individual vehicle operator,bus route franchises and Bus Rapid Transit (BRT) and taxi services. The issue of construction and license tooperate terminals is also provided in the RTTA to facilitate private sector involvement in transportinfrastructure development, operation and management.

Manufacture and import of contraptions as motor vehicles is common in Bangladesh. Provisions have beenmade to ensure that every vehicle type is, proto-type approved, before being marketed. Provisions have alsobeen made to regulate sale of parts, equipment and vehicle testing stations. Provisions have also been madein the RTTA to ensure manufacturers, assemblers and dealers obligations and buyers privileges.

Provisions have been made to provide legal backing for the preparation and use of the Highway Code and theTraffic Sign Manual. Besides, elaborate legal provisions have been made to control the traffic on the highwayto ensure efficient and smooth flow of traffic.

Currently the MVO 1983 has no provisions to regulate pedestrians and non motorized transports. RTTAprovides the necessary regulatory provisions to cover all road users. In addition RTTA empowers the localgovernment organizations to prepare and enforce by laws on these subjects.

The road safety institutions like Road Safety Councils and Committees have been provided legal coverageunder the RTTA with additional empowerment. Provisions also provide some specific obligations of driver withregard to road accidents and accident investigation has been made a requirement under the RTTA.Provisions have also been made for mandatory use of helmets and seat belts while use of mobile telephoneand ear plugs has been barred.

The Motor Vehicles Tax Act 1932, which was an independent law has been modified, modernized andincluded in the RTTA. Insurance against third party risks is a universally acknowledged practice, theprovisions on the subject in RTTA is outcome of extensive research on the subject. Auto crime has alreadyassumed horrifying proportion; the subject has been addressed in the RTTA.

The road transport and traffic system over a period of time has assumed a monumental importance in theeconomic welfare of the country; an unplanned growth of the sector may ultimately lead to a disaster for thesector. The root cause for lack of proper planning can be attributed to currently attaching the planningresponsibilities to the regulatory and executive agencies as an appendix to their core functions without dueimportance. Provisions for a planning and research organization like Transport Research Laboratory (TRL),UK or Central Road Transport Institute (CIRT) of India has been provided in the RTTA. Twining arrangementwith some reputed similar institution will take forward the proposed Institute of Road Transport of Bangladesh.

The consultants have conducted extensive research on the quantum of punishment for traffic related offences,

attached as annexure to this report. Recommended quantum of punishment in the RTTA is the outcome ofthat research. The penal provision (fines) in the MVO 1983, which has become irrelevant with time, has beentranslated into punishment units with a value assigned in Taka. In future it will become very easy to make thefines appropriate by enacting the changed punishment unit value by Gazette notification by the Government.

The Draft presented here has tried to address the regulatory requirements of road transports and traffic in thecurrent environment prevailing in Bangladesh. It is expected that extensive stakeholder and public feedbackand consultation will be solicited to enrich the draft.


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OVERVIEW BY CHAPTERS


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OVERVIEW BY CHAPTERS

1. INTRODUCTION

1.1 This consultancy service is being provided to Dhaka Transport Coordination Board (DTCB), Ministry

of Communications under the World Bank funded Clean Air and Sustainable Environment (CASE)1

1.2 The consultants services are broadly focused on:

Project. The regulatory and institutional consultancy is part of the transport component of the CASE

Project, which is being implemented by DTCB.

Review and recommend changes to the functions, organization and to the Act of DTCB to convert

the organization to Mass Transit Authority;

Review and recommend changes to the Motor Vehicle Ordinance 1983;

Review and recommend changes to the Motor Vehicle Rules 1940 and 1984

Review and recommend changes t o Tax Act of 1932 and MV Tax Rules 1966;

Prepare Guidelines on Traffic Impact Studies for new developments. In addition, to prepare

regulation that will mandate new developments to obtain clearance from DTCB obligatory.

2. REVIEW AND RECOMMEND CHANGES TO THE MOTOR VEHICLE ORDINANCE 1983

The consultants have discussed the issues of the study with the client, the concerned official of the

World Bank and officials of the Bangladesh Road Transport Authority. In addition a Kick Off meeting

for the consultancy was held in DTCB on April 11, 2010 under the chairmanship of the Executive

Director, DTCB attended by the Chairman BRTA and officials from both the organizations. Due to the

urgency attached by the Government to the updating of the MVO 1983, the consultant was requested

to work on the updating of the MVO 1983 first and revise the contractual work plan accordingly. Inaddition it was also decided in the Kick Off meeting that it will be more appropriate to replace the

Motor Vehicle Ordinance 1983 with a new law by the name of Road Transport and Traffic Act (RTTA)

to encompass the changes needed to include all road users and also modernize the current grossly

redundant and inadequate Motor Vehicles Ordinance 1983.

2.1 BACKGROUND ON THE MOTOR VEHICLE ORDINANCE

In the undivided India the Motor Vehicle Act was revised and freshly enacted in 1939 repealing the MV

Act of 1914. After partition of India, legislation on motor vehicles being a provincial responsibility, the

Motor Vehicle Act of 1939 became the East Pakistan Motor Vehicle Act. After the independence of

Bangladesh the act was again renamed as the Motor Vehicles Act, 1939. The changes to the MV Act1939 till date are as follows:

During the Pakistan period, the Motor Vehicle Act of 1939 underwent some minor changespertaining to penal provisions.

In 1976, Government constituted an inter-ministerial committee to review the MV Act 1939. Thethen inter ministerial committee suggested some amendments to the MV Act 1939 and submittedits report in 1978.

In 1983, taking into consideration the recommendations of the committee, Government repealedthe MV Act 1939 and promulgated the Motor Vehicle Ordinance 1983. The Ordinance waspromulgated retaining the structure of the 1939 Act with some changes in the procedures oflicensing of drivers, registration of motor vehicle, and issuance of permits, insurancerequirements and penal provisions.

1CASE project has two components: (i) Environment, which relates to brick kiln emissions. The component is being implemented

by Department of Environment, and (ii) Transport, which encompasses traffic management, institutional capacity building, and

safety issues. The transport component is being executed by DTCB and DCC.


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In 1987, the MVO 1983 was amended and a new chapter was added. The chapter pertains tothe establishment of the BRTA. Besides, some more changes were made to empower BRTA tomake regulations relating to licensing of drivers, registration of motor vehicle and issuance ofpermits. It may be mentioned that till date no new regulations have been framed.

In 1989 the MVO 1983 was amended again to reduce the penalty provisions and address someof the demands of the transport workers and owners.

There are no changes to the MVO 1983 after 1989.

Soon after 1989, the Government realized that the structure of MVO 1983 is based on an obsolete

law, nearly 50 years old, which lacked the relevance to the current day motor vehicle administration

and regulation. Subsequently in 1996 the Government constituted an inter-ministerial committee2

to

review and update the MVO 1983. The Committee felt that the Motor Vehicle Ordinance should also

include the other road users and road transport and should rename the MVO 1983 as Road

Transports and Traffic Act. Some work was done by the Committee but it was never finished.

In 2005 Government directed BRTA to revise the MVO 1983 and translate the law into Bangla. BRTA

suggested few changes to the MVO 1983 mainly relating to: Financial management of the BRTA

Enhancement of the penalty

During the Caretaker Government (2007-2008) there was an effort to enact the proposedamendments as law but on the demand of the transport workers the amendments were returned forfurther review. It was also suggested to amend the Motor Vehicle Ordinance as Road Transport andTraffic Act.

During the same period Transparency International of Bangladesh (TIB) submitted a report on theirregularities of the BRTA and inadequacies of the road transport and traffic related laws. As a followup to the TIB report Government constituted two inter ministerial committees, one committee headedby Mr Shahjahan Khan, MP, and now Minister for Shipping for updating the road transport and traffic

laws and the other headed by the Additional Secretary, Ministry of Communication for institutionalstrengthening of BRTA.

The Inter ministerial committee3

headed by Mr Shahjahan Khan met twice. The committee felt thatthe assignment cannot be accomplished by a part time committee and if possible a full timeconsultant / consulting company should be engaged to prepare the draft law. As a consequence, theChairman BRTA requested the Ministry of Communications to approach the World Bank to includethis assignment as a sub component under the transport component of the CASE project beingimplemented by the DTCB.

3. BUSINESSES CONTRARY TO THE MVO 1983

Lack of updating of the law and introduction of new systems without amending the law and presence

of procedures and forms in MVO has resulted in conducting of some of the current businesses ofBRTA contrary to the legal provisions. These are:

Issue of driving license with current currency, procedure for issue and renewal, and the drivinglicense itself.

Registration marks, number plate, the certificate of registration etc., are not in conformity withlaw.

Issue of certificate of registration and fitness certificate to CNG and battery driven vehicles arenot covered by law.

Fitness certificates are being issued ignoring the already enacted emission standards.

Issuance of type approval certificate to locally assembled vehicles is not covered by law.

There is no provision for ordering phasing out of vehicles or fixing age limits of vehicles etc andmany more.

2Consultant was a member Secretary of the inter-ministerial committee as the then Director, Engineering of BRTA

3Consultant was a member of the committee


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4. METHODOLOGY OF THE STUDY IN BRIEF

The methodology for the study was drawn after giving due consideration to the background of the

study, the objectives and the scope of work suggested in the Terms of Reference.

The general methodology adopted by the consultants to formulate RTTA is as follows:

The Consultants identified the issues of every chapter, one by one, which requires updating anddiscussed most of the issues with the officials of the Bangladesh Road Transport Authority,custodian of the MVO 1983.

Reviewed the provisions of similar issues addressed in similar laws of India, Pakistan, Malaysia,Singapore, United Kingdom and Australia.

Some of the provisions which appeared to be adequate and appropriate have been retainedwith necessary modifications; provisions which appeared to be inappropriate have been deleted.Identified the best practices narrated in the above mentioned laws, customised andappropriately incorporated them in RTTA provisions.

While preparing the provisions of the RTTA, it has been kept in mind that the law cannot bechanged very often; therefore, provisions of the law have to be such that it should be able to

address the present and foreseeable future road traffic regulation needs. At the same timeprovision has been kept in the law to keep in abeyance, if the Government so desires, lawswhich are considered appropriate for subsequent application.

Forms, schedules and procedures, which were previously part of the MVO 1983, are subjectedto frequent changes due to change in technology, adaptation of new methods and practices inregulation and administration of road transport and traffic are proposed to be included in therules and regulation to be framed under the proposed Act.

Prepared comparative statement, by chapter and sections, of the current provisions of the MVO1983 and the provisions proposed in the RTTA.

It was decided to submit interim reports as the work progressed. Two Interim Reports have beensubmitted reflecting the works on 11 chapters for feedback and comments.

In the Draft Final Report 22 chapters including the 11 chapters submitted earlier are included.

The TOR of the consultants requires review and updating of the Motor Vehicles Tax Act 1932.The Consultants considered it appropriate to repeal the Vehicle Tax Act of 1932 and incorporatethe necessary provisions of the Act as a chapter of the proposed RTTA.

All 12 Schedules of the MVO 1983, which mainly pertains to frequently changeable forms andprocedures, have been omitted and a new schedule regarding penalty provisions is included inthe proposed RTTA and submitted with this draft without cross references to the penal sections.However, once all penal sections are finalized, section references will be provided in theschedule in the final draft. Forms and procedures will be addressed within the rule / regulationmaking powers.

5. COMPARATIVE OVERVIEW OF THE MVO 1983 AND PROPOSED RTTA

Sl no MVO 1983 Proposed RTTA

1 Jurisdiction of the MVO was mainlylimited to motorized traffic

Jurisdiction of the RTTA encompassesall road users, motorized, non -motorized and pedestrian.

2 Number of Chapters: 12 Number of Chapters 22

3 Chapters of the MVO 1983 with changednames and number of old and newsections in each chapter are as under:1. Preliminary: Retained as

Preliminary (Number of sections:old 2 / New 5 )

2. Bangladesh Road TransportAuthority: Renamed as RoadTransport Administration (Number

of sections: old 4 / New 42 )3. Licensing of drivers of motor

vehicles: Retained (Number ofsections: old 21 / New 37 )

RTTA includes al l renamed and

modif ied chapters of MVO 1983

show n in the preceding column; in

addi t ion includes the fol lowing new

chapters:

1. Authorization to own MotorVehicles (Number of sections 9 )

2. Operation of public transportservices. (Number of sections 23

)3. Construction and Operation of

terminals (Number of sections 9 )4. Manufacturers and Dealers


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Sl no MVO 1983 Proposed RTTA

4. Licensing of conductors: Renamedas Licensing of workers (Numberof sections: old 9 / New 6 )

5. Registration of Motor Vehicles:Retained (Number of sections: old

19 / New 22)6. Control of Transport Vehicles:

Renamed as Permit for TransportVehicles (Number of sections: old31 / New 19 )

7. Construction and Maintenance ofMotor Vehicles: Renamed asConstruction, Equipment andMaintenance of Motor Vehicles

(Number of sections: old 3 / New 6)

8. Control of Traffic: Retained(Number of sections: old 12+9 / 39

New )9. Motor Vehicles temporarily

leaving or visiting Bangladesh:Retained. (Number of sections: old1 / New 1 )

10. Insurance of Motor Vehiclesagainst 3

rdParty Risks: Retained.

(Number of sections: old 29 / 37New )

11. Offences, Penalties andProcedures: Retained, (Number ofsections: old 36 / New 18 )

12. Miscellaneous: Retained (Number

of sections: old 5 / New 3 )13. Number of Schedules: 12

(Number of sections 6 )5. Use of Road and Highways

(Number of sections 44 )6. Control of Pedestrians and

NMTs (Number of sections 14 )

7. Road Safety Institutions andProcedures (Number of sections5 )

8. Taxes on Motor Vehicles(Number of sections old 15 / new13 )

9. Anti Auto Crime Measures(Number of sections 15 )

10. Planning and Coordination(Number of sections 2 )

11. Number of Schedules: 1

Total number of sections in MVO: 183 Total number of Sections in RTTA:370

Total number of schedules in MVO: 12 Total number of schedules: 01

6. OVERVIEW

6.1 INTRODUCTION:

In the Motor Vehicle Ordinance 1983, the Intent relates to motor vehicles only. In the proposed law, itis intended to include all modes of road transports and traffic including pedestrians and NMTs.Therefore, the Intent is modified to the effect and the proposed law is named as the Road Transportand Traffic Act

6.2 CHAPTER 1: PRELIMINARY

The chapter is retained with necessary modifications as Preliminary. This chapter covers thejurisdiction of the law and its effectiveness. Previously, the Chapter I had only two sections. In theMVO 1983 there were 63 definitions/interpretations but currently the chapter includes more than 200definitions / interpretations, which may further increase in number or decrease based on therequirement dictated by the inclusion or deletion of provisions as the drafting of the proposed law isfinalized. Of the 63 definitions / interpretations, many have been modified and retained.

In addition in Chapter I, two new sections have been inserted. The additions of these sections areconsequence of consultation of various similar laws of the region and South Asia.

6.3 CHAPTER II: ROAD TRANSPORT ADMINISTRATION

In the MVO 1983, Chapter IA was titled as Bangladesh Road Transport Authority. In RTTA the

chapter has been numbered as Chapter II and renamed as Road Transport Administration. Previously

the chapter had only four sections pertaining to:


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Constitution of the Bangladesh Road Transport Authority

Meetings of the Authority

Appointment of officers

Power to make rules.

In the RTTA, it is proposed to have 42 sections relating to the powers for administration and control of

road transports by the Government and the Bangladesh Road Transport Authority. The powers mainly

relates to:

Creation and composition of BRTA

Creation of a road transport department under the Authority

Regulatory powers for the officials of the Authority and Department to discharge their duties.

Power to fix age limits for vehicles and application of other restrictions on the use of varioustransports.

Power to create and maintain a Road Transport Revenue Fund.

Power of the Government to make transitional provisions for addressing difficulties, if any,during implementation of the law,

The power of the Government to grant exemption from certain provisions of the law for anyclass of vehicles and persons.

Power of the Government to suspend certain provisions of the Act.

6.4 CHAPTER III: LICENSING OF DRIVERS OF MOTOR VEHICLES

In MVO 1983 there are 21 sections relating to:

Requirement of license

Age limit

Appointment letter

Responsibility of owners

Restrictions on the holding of driving license

Granting of driving license

Forms for driving license Addition to driving license

Validity of the driving license, currency of the driving license, renewal revocation, suspensionand disqualification etc.

In the proposed law this chapter contains 37 sections. Out of the 21 sections in this chapter of theMVO 1983, 19 sections have been retained with the necessary modification. Two sections have beendeleted; forms and contents of driving license and renewal of driving license have been removed forinclusion in Rules / Regulation. The remaining 18 sections are new additions. The new issues mainlyrelates to:

Grant of exemption from driving license to drive certain class of vehicle

Restriction on persons who cannot have license

Unfitness to drive Requirements of the learner drivers

Recognition of the foreign driving license

Examination of the applicants for driving license

Classification of motor vehicles for the purpose of driving license

Driving instructors certification

Re-examination and retest of license holders / candidates

Display of license

Surrender and return of the license

Unlawful use of license

Driving by unlicensed persons

Driver training school licensing

Reporting of traffic violation and conviction to authority Reporting of suspension / cancelation

Power to confiscate or deprive from holding a driving license.


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Provisions to recognize driving licenses of other countries based on bilateral and multilateralagreements.

The updating of this chapter is result of detailed comparison of the laws on motor vehicles from theSouth Asian and regional countries. In addition, the Chairman BRTA and his officers were kindenough to provide time for discussion on the issues.

6.5 CHAPTER IV: LICENSING OF WORKERS

The previously the chapter heading was licensing of conductors of stage carriages and had 9 sections

mainly relating to grant of conductors license, suspension and revocation of the license and the power

of the licensing and other prescribed authorities relating to the above mentioned activities.

In the RTTA the chapter is renamed as licensing of workers. Provision has been made in the chapter

to issue vocational license to the workers of transport vehicles like, helper, supervisor etc including

the conductor. In the proposed Act 6 sections have been modified and retained with greater

application to cover all transport vehicle workers. The 3 sections which related to procedures, which

are subjected to frequent changes, have been omitted. These procedures are recommended for

inclusion in the Regulation.

6.6 CHAPTER V: AUTHORIZATION TO OWN MOTOR VEHICLES

This is a new chapter proposed for inclusion in the RTTA. The chapter provides greater regulatory

control on the possession of a motor vehicle by a citizen. The provisions of this chapter make it a

mandatory requirement for a citizen to obtain a Government authorization to possess motor vehicles.

The chapter has 9 sections which mainly relate to:

Requirement of Authorization Certificate

Grant of Authorization Certificate

Furnishing of particulars of motor vehicles by the buyer / seller to obtain authorization.

Power to limit the number of authorization by the Government Power to levy tax or duties on the Authorization Certificate

Persons disqualified to obtain authorization certificate

6.7 CHAPTER VI: REGISTRATION OF MOTOR VEHICLES

This Chapter intends to replace Chapter IV of the MVO 1983, which incorporates provisions relating

to the registration of motor vehicles containing 19 sections mainly relates:

Requirements of registration

Registration of motor vehicles of diplomatic officers

Inspection of vehicles before registration

Refusal of registration

Transfer of ownership

Procedure for hire purchase vehicles

Alteration in motor vehicles

Suspension and cancellation of registration

Appeals by the aggrieved persons

Requirements of transport vehicles for registration

Issue and renewal of certificate of fitness of motor vehicles

Registration of motor vehicles of Defence services

Procedure for the use of trailers

Power of the Authority to make regulations

This Chapter in the proposed RTTA incorporates corresponding provisions of Chapter IV of the MVO

1983 and contains 22 sections; out of these, 4 sections are new insertions and the remaining are

retained sections of the MVO 1983, almost all in modified form with necessary updating. The updating


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has been done in consideration of the present day need and the relevant laws in the neighbouring as

well as some other Asian countries. The new insertions relates to assignment of registration marks,

validity of certificate of registration and display of labels pertaining to various documents concerning

fitness, permit, authorization etc.

6.8 CHAPTER VII: PERMIT FOR TRANSPORT VEHICLES

Previously, chapter VII of the MVO 1983, Control of Transport Vehicles, related to regulatory control

on the public transport vehicles. In the MVO 1983, the chapter has 31 sections pertaining mainly to

conditions, procedures and issuance of permits for the public transport vehicles, terminals and

institutions. Due to great changes in the operations of the public transport vehicles, it is not possible to

include all regulatory provisions for operation of the public transports in a single chapter.

Consequently, the regulatory provisions for public transport operation in RTTA have been provided in

three chapters, namely:

Chapter VII: Permit for transport vehicles

Chapter VIII: Operation of public transport services

Chapter IX: Construction and Operation of terminals.

The chapter VII, Permit for transport vehicles relates to operation of single vehicle and private

transport fleet. The chapter has 19 sections of which 14 are modified and retained sections of the

chapter Control of Transport Vehicles of MVO 1983 and 5 are new inserted sections. Of the

remaining 17 sections, 3 sections have been transferred to other chapters and rest 14 sections, which

pertain to procedures, have been omitted from the Act. Procedures will be addressed under regulation

making powers.

6.9 CHAPTER VIII: OPERATION OF PUBLIC TRANSPORT SERVICES

This is a new chapter included in the RTTA to provide licenses to bus service vehicles including bus

route franchising and Bus Rapid Transit and public carriers operation. Taxi cab service is also

included under this chapter. The chapter consists of 23 sections and mainly relates to:

Grant of operators license

Persons disqualified for license or franchise

Selection of routes for franchise

Invitation and Evaluation of bids for license and franchise

Fixing of ceiling for license or franchise

Power of the Authority with to the regulation of the franchisee / licensee

Regulation of the operating companies

Marking of public vehicles

Power to seize public vehicles for non compliance to regulatory provisions

The provisions of the chapter are the outcome of research into similar laws and previously conducted

consultancies.

6.10 CHAPTER IX: CONSTRUCTION AND OPERATION OF TERMINALS

This is a new chapter included in the RTTA with the objective of providing necessary provisions for

regulatory control of the construction and operation of bus / truck terminals. The number of sections

included in the chapter is 9 and mainly relates to:

Grant of operators license

Persons disqualified for license

Invitation and Evaluation of bids for license

Fixing of ceiling for license

Power of the Authority with to the regulation of the licensee Regulation of the operating companies

Power to suspend / cancel the operators license


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6.11 CHAPTER X: CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

This Chapter intends to replace Chapter VI of the MVO 1983, which incorporates provisions relating

to the construction, equipment and maintenance of motor vehicles. The MVO 1983 contains 3

sections relating to:

General provisions regarding construction and maintenance

Right hand steering control of motor vehicles Power of the Government to make rules

The Chapter X in the proposed RTTA incorporates corresponding provisions of Chapter VI of the

MVO 1983 and contains additional 3 sections, in total 6 sections. The retained sections are all

modified and updated.

The new inserted section provides provisions for approval of design, construction, etc of vehicle, its

parts and equipment by the authorized persons or vehicle testing stations and the issue of type

approval certificate thereof which will help prevent production of vehicle or parts or equipment not

complying with the requirements of this Act.

6.12 CHAPTER XI: LICENSING OF MANUFACTURER, ASSEMBLER AND THE DEALER OF MOTORVEHICLES

To ensure compliance to the obligations and duties of the manufacturers, assemblers and the

dealers and safeguard the interest of the general users of the motor vehicles, this chapter is included

in the RTTA as a new chapter. The chapter contains 7 sections in respect of:

definitions of rebuilt salvage vehicle, reconstructed vehicle and salvage vehicle purchaser

requirements of license for manufacturer, assembler, importer and the dealer in of motor vehicles

requirements of used parts dealer, wreckers and builders licence

requirements of motor vehicle trade certificate

sale of vehicle in or alteration of vehicle to a condition contravening this Act

duty of manufacturers and dealers to notify safety-related defects in motor vehicles

power to make regulations

6.13 CHAPTER XII: USE OF ROADS AND HIGHWAYS

This is a new chapter inserted in the Act with the objective to regulate the use of roads and highways

by the motorized, non motorized and pedestrian traffic in a safe and efficient manner. Out of the 44

sections of this chapter, 10 sections have been updated and incorporated on transfer from Chapter

VII and 2 sections from Chapter X of the MVO for their appropriateness to this chapter. The newly

inserted sections incorporate provisions for

Issue of Highway Code and Traffic Sign Manual,

Erection of official traffic signs,

Prevention of display of unauthorized signs or signal, Power of local authorities in respect of traffic,

Power to remove traffic hazards,

Temporary prohibition or restriction of traffic, driving regulations, use of road by different types oftraffic,

Privileges of emergency vehicles,

Power to restrict pedestrians crossings,

Liability for damage of highway or structures, highway collection, etc.

6.14 CHAPTER XIII: CONTROL OF TRAFFIC

This chapter was chapter VII of the MVO 1983containing 22 sections. The currently the number of

sections in this chapter is 39. Of these 39 sections, 12 sections have been retained and 8 sections

have been transferred from other chapters for their appropriateness to this chapter. In every case the

sections have been modified and updated. In addition 19 new sections have been added to the

chapter. The sections mainly relates to:


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Restrictions on the use of mobile telephone and ear plugs

Control of traffic at processions, assemblies and public resorts

Fitting and wearing of safety seat belts

Power to remove or immobilize vehicles

Restriction on the racing of vehicles on the road

Elude police officers

Careless and inconsiderate driving Power to prevent driving by incapable persons

Power Police officers / other officers to investigate an incident.

6.15 CHAPTER XIV: CONTROL OF PEDESTRIANS AND NON-MOTORIZED VEHICLES

This Chapter is a new insertion in the proposed RTTA. It incorporates provisions for the control of

pedestrians and the non-motorized vehicles and such other traffic and the rights and duties of these

traffic. It also provides provisions for empowering police officers and other authorized officers to

exercise control over these traffic. The Chapter contains 13 sections relating mainly to the following

issues:

Pedestrian crossings

Pedestrian obedience to traffic-control devices and traffic regulations

Pedestrian obedience to bridge and railroad signals

Pedestrians provisions on highways

Provisions to deal with pedestrians under influence of alcohol or drugs

Drivers to exercise due care at the pedestrian crossings

Certain provisions of this Act to apply to non-motorised vehicles

Traffic laws applying to persons on bicycles and other human powered vehicles

Regulatory provisions for riding on bicycles

Rights and duties- invalid carriage

The chapter provides provisions for the local bodies to frame by laws or regulations for controlling the

construction, operation and licensing of manufacturer, operators of NMTs.

6.16 CHAPTER XV: ROAD SAFETY PROCEDURES

This new inserted Chapter XV in the proposed RTTA contains 5 sections in respect of:

Road Safety Council and Committees

Duty of driver in case of accident and injury to a person

Inspection of vehicle involved in accident

Accidentally putting vehicle in motion

Special provision as to accident inquiry

Power to make regulations

Of the 5 sections 2 sections have been updated and incorporated on transfer from Chapter VII of the

MVO for appropriateness to this chapter. The newly inserted 3 sections incorporate provisions

empowering Government to constitute Road Safety Councils and committees and also constitute

accident inquiry committee and lay down procedures for the discharge of functions by the safety

council and committees. Besides, there is a provision for investigation into accidents.

6.17 CHAPTER XVI: TAXES ON MOTOR VEHICLES

The Motor Vehicles Tax Act 1932 is an independent law relating to the imposition and realization of

taxes from the motor vehicles owners. In the TOR of the Consultants, one of the tasks is to review

and update the above mentioned Act. The Consultants considered it more appropriate for the law to

be a part of the proposed Act. Consultants while reviewing this law have reviewed the similar laws of

West Bengal, India and Punjab, Pakistan, where motor vehicle taxation is a provincial subject.

The Motor Vehicles Tax Act 1932 had 15 sections, which included sections on short title and

definitions. Of the 15 sections 7 sections have been deleted including short title and definitions as


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they have already been addressed in the relevant sections of this Act. The other 5 sections deleted

pertain to mainly procedures. The procedural issues are to be addressed under rule / regulation

making powers. The current 13 sections under this chapter mainly pertain to:

Appointment of Taxing Officers

Imposition of tax

Liability for non payment of tax in time

Search and seizure of vehicles for non payment tax

Suspension of certificate of registration for non payment of tax

Recovery of unpaid tax.

Levy of road users charges

Power of the Government from payment of taxes.

Penal provisions and compounding of offence under this chapter

6.18 CHAPTER XVII: ANTI AUTO-CRIME MEASURES

This new inserted Chapter XVII in the proposed RTTA contains 15 sections. Of the 15 sections 2

sections of Chapter X of the MVO have been updated and incorporated in this chapter for their

appropriateness. The sections of this chapter mainly pertain to provisions on:

Preventing crimes relating to keeping and use of stolen cars

Falsification and unauthorized use of vehicle number

Forgery of documents

Seizure and disposition of stolen vehicles and parts

False statement and declaration in the course of giving evidence or for obtaining license orregistration etc.

6.19 CHAPTER XVIII: MOTOR VEHICLES TEMPORARILY LEAVING AND VISITING BANGLADESH

This chapter deals with the motor vehicles temporarily leaving and visiting Bangladesh. In the

MVO1983, there is one section. The section provides provisions empowering the Government to

frame rules regarding vehicles temporarily leaving and visiting Bangladesh. Though this provision

existed in the Motor Vehicles Act 1939 and Motor Vehicles Ordinance 1983 but till date no rules on

the issues have been framed. In the RTTA the section has been retained with some modifications.

6.20 CHAPTER XIX: INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS

In the MVO1983 there are 29 sections primarily focusing on:

Requirement of insurance against 3rd

party risks

Limit of liability

Duty of Insurers

Rights of third parties against insurers

Settlement between insurer and insured

Provisions for cooperative insurance

Liability of the vehicles owners in the absence of insurance

Claim of compensation

Provisions for constitution of Claims Tribunal

Award of compensation and recovery of money due under award

In the RTTA all the 29 sections have been retained with necessary modification. In addition 7 more

sections have been added. The motor vehicle insurance is an internationally recognized practice. All

the road traffic laws of the South Asia, regional countries, UK and Australia etc have provisions for

insurance against third party risks as compulsory. On review of the laws under reference 7 new

sections have been added to existing provisions to further modernize the law. These mainly relates to:

Provisions of certificate of securities in lieu of insurance policy

Validity of insurance policies issued in reciprocating countries

Application of this chapter for claim of compensation under the Bangladesh Labour Act, which is

applicable in case of road transport workers. Compensation in case of hit and run motor accident


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6.21 CHAPTER XX: PLANNING AND COORDINATION

This is a new chapter making provisions for establishment of a road transport planning organization in

the name of Institute of Road Transports (IRT).

Consultants have observed over an extended period that the existing road transport and traffic related

organizations especially BRTA, local government bodies and Police lack the necessary planning

capability, which has now become very technical and specialized, to ensure a well planned, efficient

and sustainable road transport and traffic system. The road transport and traffic system over a period

of time has assumed a monumental importance in economic welfare of the country; an unplanned

growth of the sector may ultimately lead to a disaster for the sector. The root cause for lack of proper

planning can be attributed to currently attaching the planning responsibilities to the regulatory and

executive agencies as an appendix to their core functions without due importance.

The Institute of Water Modelling (IWM) of Bangladesh is an example of specialised body which is

acting as technical support and advisory organization to the principal functionaries like the Water

Development Board, Inland Water Transport Authority and other associated organizations responsible

for water supply, water resources development and management. The above mentioned organization,

which is an autonomous body, started its functioning under a twining arrangement with another well

established similar organization, Danish Hydraulic Institute (DHI). Currently, the IWM has become a

centre of excellence by its own rights and at the same time a financially self sustaining organization.

The institutions for planning, research and development of road transport sector can also be found in

developed and developing countries. The Transport Research Laboratory (TRL) of UK and Central

Institute of Road Transports of India can be cited as examples. Similar arrangement needs to be

developed for the road transport sector of Bangladesh which currently caters for more than 80% of

the transport needs of the country.

6.22 CHAPTER XXI: OFFENCES, PENALTIES AND PROCEDURES

In this chapter of the MVO 1983 there are 36 sections pertaining to offences relating to trafficviolations, power of the officials, certain procedures for prosecution and recording of penalties. Out of

the 36 sections 18 sections have been transferred to other chapters for their appropriateness. 4

sections have been deleted. In the RTTA there are 19 sections under this chapter. Out of the 19

sections 14 sections have been modified and retained from the MVO 1983 and 5 new sections been

added.

The 5 new sections mainly relates to:

Obedience and scope of the Act

Prosecution officers have been named.

Evidences admissible for conviction

Service of notices and summons

The punishments under this chapter can be classified into three categories; namely fines,imprisonment and penalties with regards to suspension, disqualification and cancellation of

documents of drivers (license) and vehicles (registration certificate, fitness certificate, permits etc.).

In the MVO 1983, sections relating to offences were generalized in nature4, in the RTTA the offences

have been made more specific5. The penalty / punishment in MVO 1983 are also generalized in

nature6; in the RTTA the fines, based on the severity of the offence, has been made fixed

7

4

Driving when mentally or physically unfit to drive

while the

punishment amounting to imprisonment7

has been left open to the discretion of the trial officers. In

the MVO 1983 fines are sum of money expressed in Taka. Over a period of time, due to inflation, the

amount of fine becomes absolutely no deterrent. Therefore, from time to time these fines need to be

5Drive, a motor vehicle with defective eyesight or with any other disease or disability likely to cause driving to be a source of

danger to the public.6

With imprisonment which may extent to three months or with fine which may extent to Taka 500 or both.7 Imprisonment: May extend to three months and Penalty: 30 units , 1 penalty point = Tk 200


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increased to keep the effect of their deterrence. Therefore, it becomes necessary, from time to time,

to amend all sections of MVO 1983 which have penal provisions. To overcome this situation in RTTA,

penalty units have been introduced7. Presently one penalty unit is proposed to be Tk 200.00. Just by

increasing the value of one penalty unit all fines can be enhanced. In addition in the RTTA, demerit7

point for an offence has also been assigned. On accumulation of certain number of demerit points a

license of the offender shall get automatically suspended.

In case of schedule on spot fines as given in MVO 1983 has been omitted from the MVO 1983 and

proposed to be in the Rule making power of the Government. Offences of the schedule are very minor

in nature and not exceeding 10 units of fine. In addition the list of the offence may increase due to

introduction of new technologies and traffic control procedures and methods. Therefore, it is

appropriate not to include it in the RTTA but make it part of the Rules.

A detailed study was undertaken by the consultants on the quantum of punishment for road traffic

related offence. A copy of the report is made annexure to this. The punishments / fines proposed in

the schedule of the RTTA are based on the outcome of the study.

6.23 CHAPTER XXII: MISCELLANEOUS

In the MVO 1983, there are 5 sections pertaining to:

Publication of Rules

Officers to exercise the powers of the police officer

Any authority by the Government to exercise modified powers

Effect of appeal and revision order passed by the authority

Repeal and Saving

In the RTTA two sections with modifications have been retained under this chapter, 3 sections have

been modified and transferred to other chapters for the location of their appropriateness. A new

section, which requires declaration by applicant on the correctness of all documents / certificates

/information submitted to the authorities.

7. WAY FORWARD

The Draft Final Report is the outcome of research, discussion and incorporation of suggestions from

the stakeholders. The way forward for the finalization of the document is as follows:

The Draft should be circulated among as many stakeholders as possible including citizensgroup.

As per the requirement of the TOR, a stakeholders meeting should be held to obtain the viewsand comments from them.

On receipt of the comments / suggestions the draft will be finalized and a Final report will besubmitted and the RTTA will be submitted without the current cross reference to MVO 1983.

Once the proposed RTTA is accepted, it will be translated to Bangla.


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RESEARCH ON QUANTUM OF

PUNISHMENTS FOR TRAFFIC

RELATED VIOLATIONS


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RESEARCH ON QUANTUM OF PUNISHMENT FOR TRAFFIC RELATED VIOLATIONS

The Cabinet of Ministers in its meeting of 02 Aug 2010 observed that the Motor Vehicle Ordinance lacks thefollowing:

Adequate punishment for reckless and dangerous driving

No punishment for fake license

Adequate provisions for ensuring use of helmet and seat belts and no use of mobile phone while driving.

In addition to the above the Cabinet also observed that there is need for the following:

Adequate enforcement of the Motor Vehicle Ordinance and its subordinate laws

Drivers training prior to grant of driving license

Yearly / half yearly refreshers training for Government drivers.

Strengthening of BRTA and filling in of vacant positions in BRTA

In view of the above the consultants were requested both by the DTCB and BRTA to prepare a draft for

amendment of the MVO 1983 to address the above mentioned inadequacies in the law on an urgent basis.

These amendments, at a later stage, can be incorporated in the new law, Road Transport and Traffic Act,

which is under draft by the consultants as a preparation for repealing MVO 1983.

The proposal for the amendment to the MVO 1983 pertains to the following:

Traffic and Safety related provisions

Penal provisions

Traffic and Safety Related Provisions

The provisions of the MVO 1983 which have been proposed for amendment to address the traffic and safety

related provisions are as follows:

Replaced Section 85 (I): Speed limit based on vehicle type has been further strengthened with national

and local speed limits.

Replaced Section 90: The new provisions include unobstructed traffic flow and parking on payment

Replaced Section 91: Main roads have been replaced by Arterial Roads based on traffic engineering

Consideration

Replaced Section 92: Replaced the provisions of motor vehicle drivers to obey mandatory traffic signs

with provision for all road users to obey traffic directions

Inserted new provision 92A to 92M (13 sections): Lane discipline, rights of emergency vehicle,

restriction on use of mobile phone and ear plugs, pedestrian crossing, duty of the driver and pedestrian;

obligation of non motorized vehicles, etc.

Replaced Sec 93, on traffic signaling to modernize and strengthen the provision

Inserted new sub sections 100 (3), (4), & (5) with provision for use of approved helmet and punishment

for non use

Inserted new section 101A: Fitting and wearing of seat belts compulsory with provisions for punishment

Inserted a new proviso to section 105: Restricting removal of vehicles involved in accident.

Penal Provisions

The MVO 1983 provides three types of penal provisions, which are:

Section 137: Provides general provision for punishment for offences for which specific punishment is notprovided.

Section 138 to Section 158: Provides provisions for punishment against specific offence, which are


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executed by the court and summary trial by Authorized Police Officer (DC Traffic ) and Departmental officers

(Assistant Directors of BRTA)

Section 163: Provides provisions for Spot fines for traffic infringements which are executed by Police

Sergeants / sub inspector of Police / Motor Vehicle Inspectors.

Besides, there are provisions for impounding documents and detention of offending motor vehicles.

The consultants were requested to review the current provisions for quantum of punishment and propose

enhancement.

Objective of Punishment: Punishment is awarded with the objective of meting out justice to a victim and

uses it as a tool for deterrence. Justice to both the victim and offender needs to be ensured and a balance

between the two has to be established. At the same time it has to be used as an effective deterrence.

Quantum of Punishment: The quantum of punishment to be awarded to an offender is outcome of research

and social interactions and deliberation. In Bangladesh such research and interaction is yet to be established.

Alternatively, provisions of similar laws of neighboring countries are used as guidelines, analyzed and adopted

with customization for the local conditions. The consultants have made proposal for updating of the quantum

of punishment based on an exercise as mentioned above.

Results of the exercise on the quantum of punishment are as under:

Section 137: General Provision for offences and Penalties

Existing : First Offence: Fine up to Tk 200 Subsequent: Up to Tk 400

Proposed: Up to 1 month or fine not less than Tk 500 and not more than Tk 2000 or both.

India: First offence: Up to Rs 100, Subsequent: Up to Rs 300

Pakistan: Non Professional: Not less than Rs 200 and up to Rs 500

Professional: Not less than Rs 500 and up to Rs 1000

Malaysia: First offence: Up to 3 months or up to Rm 1000 or bothSubsequent: Up to 6 months or up to Rm 2000 or both

Singapore: First offence: Up to 3 months or up to S$ 1000

Subsequent: Up to 6 months or up to S$ 2000

Section 138: Driving without license

Existing: Up to 4 months or fine up to Tk 500 or both

Proposed: Up to 3 month or fine Tk 3000 (fixed) or both

India: Up to 3 months or fine up to Rs 1000 or both

Pakistan Not specific but covered under general provision

Malaysia Up to 3 months or up to Rm 1000 or both

Singapore

Sect ion 139: Fi t t ing and using prohib i ted horns

Existing Tk 100 (fixed)

Proposed Tk 500 (fixed)

India Covered under general provision

Pakistan Covered under general provision

Malaysia Covered under general provision

Singapore Covered under general provision

Sect ion 140 (1) : Disobedience of Orders, withhold in g informat ion or giv ing untrue informat ion

Existing: 1 month imprisonment and fine up to Tk 500 or bothProposed: Disobedience fine of Tk 1000.00,

Withheld / untrue information : up to 1 month or fine of Tk 2000 or both.


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India: Disobedience up to Rs 500, withheld / untrue information: up to 1 month and fine up

to Tk 500

Pakistan: Fine up to Rs 200

Malaysia: Untrue information: Up to 1 year or up to Rm 5000 or both

Singapore: Withheld / untrue information: Up to 6 months or S$ 1000 or both

Section 141 (1): Driving when disqualified to hold a driving license

Existing: Up to 3 months or up to Tk 500 or both

Proposed: Up to 3 months or Tk 3000 or both

India: Up to 3 months or up to Rs 500 or both

Pakistan: Non Professional: Up to 6 months or up to Rs 500 or both

Professional: Up to 2 years or Rs 1000

Malaysia: Up to 1 year or up to Rm 5000

Singapore: Up to 3 years or up to S$ 10000 or both

Section 141 (2) Acts as a conductor when disqualified

Existing: Up to 1 month or up to Tk 200 or both

Proposed: Up to 1 month or Tk 1000 or both

India Up to 1 month or up to Rs 100 or both

Pakistan

Singapore Up to 3 months or S$ 500 or both

Malaysia Up to 6 months or Rm 2000 or both

Section 141 (3) Fail to produce driving license on demand by any authority

Existing Tk 50 (fixed)

Proposed Tk 500 (fixed)

Section 142 (1) Driving exceeding speed limitExisting First Offence: Up to 1 month or up to Tk 300 or both

Subsequent: Up to 3 months or up to Tk 500 or both

Proposed First Offence: Taka 2000 (fixed)

Subsequent: Tk 5000 (fixed)

India First Offence: Up to Rs 400

Subsequent: Up to Rs 1000

Pakistan Non Professional: Not less than Rs 200 and up to Rs 500

Professional: Not less than Rs 500 and up to Rs 1000

Malaysia Up to Rm 1000

Singapore

BPC1

Existing Up to 3 years or not less than Taka 1000 and up to Tk 5000 or

both

279 Rash and Negligent driving likely to cause hurt or injury

(Exceeding Speed limit)

India (IPC2

Pakistan (PPC

279) Up to 6 months or up to Rs 1000 or both3

279) Up to 2 years or up to Rs 3000 or both

Section 142 (2) Causes or allows driving exceeding speed limits

1BPC: Bangladesh Panel Code

2IPC: Indian Panel Code

3PPC: Pakistan Panel Code


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Existing First offence: Up to 1 month or up to Tk 300 or both


Proposed First offence: Taka 2000 (fixed)

Subsequent: Taka 5000 (fixed)

India First offence: Up to Rs 300

Subsequent: Up to Rs 500Pakistan Private vehicle: Up to Rs 200

Transport Veh: Up to Rs 500

Malaysia

Section 143 Driving Recklessly or Dangerously

Existing First offence: Up to 6 month or up to Tk 500 or both


Proposed First offence: Up to 1 year or Tk 5000 (fixed) or both

Subsequent: Up to 2 years or Tk 10,000 (fixed) or both

India First offence: Up to 6 months or Rs 1000 or both

Subsequent: Up to 2 years or Rs 2000 or both

Pakistan Non Professional:

First offence: Up to 6 months or up to Rs 500

Subsequent: Up to 2 years or up to Rs 1000 or both

Professional:

First offence: Up to 1 year or up to Rs 1000

Subsequent: Up to 4 years or up to Rs 1000

Malaysia First offence: Up to 3 year or up to Rm 6000 or both

Subsequent: Up to 5 years or up to Rm 10,000 or both

Singapore First offence: Up to 1 year or up to S$ 3000 or both

Subsequent: Up to 2 years or up to S$ 5,000 or both

(BPC 304B) Causes death by rash and negligent driving (not amounting to culpable

homicide)

Existing Up to 3 years or fine or both

India Up to 2 year or fine or both

(IPC 304A)

Pakistan

(PPC 320) Up to 10 years

Malaysia Up to 5 Years or up to Rm 10,000 or both

Sec 41 (1) RTA

Singapore

Sec 66 (1) RTA Up to 5 years (Sec 280 Criminal Procedure Code applies)

Australia Up to 3 years for misdemeanor (not causing death)

328A Cr Code Ist Time offender: 5 years causing death

Queensland 2nd time offender: 10 years

14 years if intoxicated

United Kingdom: 5 years under Road Traffic Act 1972, Section 1

14 years under Criminal Justice Act 2003, Section 285(3)

Court must satisfy and Police is to prove that the accused:

Operated the motor vehicle which caused death

Operated the motor vehicle at the place of occurrence


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Operated the vehicle dangerously

As a result of dangerous operation the death of the deceased was caused.

If the accused was adversely affected by alcohol

Circumstances of aggravation

(Reference: Criminal Code of Queensland, Australia)

Sec 143 A (1) Careless and inconsiderate driving (new insertion)

Proposed: Tk 1000 (fixed)

India: Part of general offence

Pakistan: Part of general offence

Singapore: First: 6 months, S$ 1000 or both

Subsequent: 1 year, S$ 2000 or both

Malaysia: 6 months or Rm 2000

Sec 143 A(2) Not give way to other vehicles intentionally Overtake when overtaking

is prohibited or unsafeExisting Nil


India: Part of general offence

Pakistan: Part of general offence

Singapore: Part of general offence

Malaysia: Part of general offence

Sec 144 (1) Driving under intoxication

Existing First Offence: Up to 3 months or up to Tk 1000 or both

Subsequent: Up to 2 years or up to Tk 1000 or both

Proposed:

First Offence: Up to 6 months or Tk 3000 (fixed) or both

Subsequent: Up to 1 year or Tk 5000 (fixed) or both

India:

First Offence: Up to 6 months or up to Rs 2000 or both

Subsequent: Up to 2 year s or up to Rs 3000 or both

Pakistan:



Singapore:

First: Up to 6 months or not less than S$ 1000 and not more than

S$ 5000

Subsequent: Up to 12 months or not less than S$ 3000 and not morethan S$ 10000.

Malaysia:

First Offence: Up to 6 months or up to Rm 2000

Subsequent: Up to 1 year or up to Rm 4000 or both

Sec 144 (3) Driving under intoxication, fail to provide specimen for test (new

insertion)

Existing Nil

Proposed: Up to 3 months or Tk 3000 (fixed) or both

India: Covered under provision of general offence

Pakistan: Covered under provision of general offenceSingapore:

First: Up to 6 months or not less than S$ 1000 and not more than S$ 5000

Subsequent: Up to 12 months or not less than S$ 3000 and not more than S$ 10000.


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Malaysia: Up to 6 months or up to Rm 2000 or both

Sec 145 Physically or mentally unfit to drive

Existing

First Offence: Up to Tk 500

Subsequent: Up to 3 months or up to Tk 500 or bothProposed:


Subsequent: Up to 6 months or Tk 5000 (fixed) or both

India:

First Offence: Up to Rs 200


Pakistan:



Singapore:




Sec 146 Offence relating to accidents, fail to stop or attend the victim after

an accident by the driver

Existing

First Offence: Up to 3 months or up to Tk 500 or both


Proposed:


Subsequent: Up to 6 months or Tk 5000 (fixed) or both

India:First Offence: Up to 3 months or up to Rs 500 or both

Subsequent: Up to 6 months or up to Rs 1000 or both

Pakistan: Up to 6 months or up to Rs 1000 or both

Singapore:

First: Up to 12 months or up to S$ 3000

Subsequent: Up to 2 years or up to S$ 5000

Malaysia:

146A Fleeing or attempting to elude a Police Officer (New insertion)

Existing Nil

Proposed Fine Taka 2000 (fixed)

Sec 147 Punishment for abetment of offences

Existing Same as the punishment provided for the offence

Proposed Same as the punishment provided for the offence

Sec 148 Racing or trial of speed without permission

Existing Up to 1 month or up to Tk 500 or both

Proposed: Up to 1 year or up to Tk 500o (fixed) or both

India: Up to 1 month or up to Rs 500 or both

Pakistan: Up to 6months or up to Tk 1000 or bothSingapore:



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Sec 149 (1) Driving an unsafe or a defective vehicle

Existing Up to 1 month or up to Tk 250 or both

Proposed: Up to 1 year or Tk 5000 (fixed) or both

India: Up to Rs 250

Pakistan:

Singapore:Malaysia:

Sec 149(1) Driving an unsafe or a defective vehicle, if causes accident

Existing Up to 3 months or up to Tk 1000 or both

Proposed: Up to 2 years or Tk 10,000 (fixed) or both


Pakistan:

Singapore:

Malaysia:

Sec 149 (2) Violates standards in relation road safety, control of noise

and air pollution (new insertion)

Existing Nil

Proposed:

First Offence: Tk 2000 (fixed)

Subsequent: Tk 5000 (fixed)

India:



Pakistan:

Singapore:

Malaysia:

Sec 149 (3) Carry Goods, without caution or protection, which are

dangerous or hazardous to human life (new insertion)

Proposed

First Offence: Up to 1 year or Tk 5000 (fixed) or both

Subsequent: Up to 2 years or Tk 10, 000 fixed or both

India:

First Offence: Up to 1 year or up to Rs 3000 or both


Pakistan:

First Offence: Up to 6 months or up to Rs 1000 or bothSubsequent: Up to 2 years or up to Rs 1000 or both

Singapore:

First:

Subsequent:

Malaysia:

First Offence:

Subsequent:

Sec 150 Driving Vehicles which fails to comply with emission standards.

Existing Up to Tk 200

Proposed: Tk 2000 (fixed)India:

First Offence:

Subsequent:


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Pakistan:

First Offence:

Subsequent:

Singapore:

First:

Subsequent:Malaysia:

First Offence:

Subsequent:

Sec 151 (1) Driving Vehicle which fails to comply with construction

and use regulation (new insertion)

Existing Nil


India:

Pakistan:

Singapore:

Malaysia:

Sec 151 (2) Sale or Supply or alteration of a vehicle in violation to the

construction and use regulation.

Existing Up to 2 years or up to Tk 5000 or both

Proposed: Up to 6 months or Tk 10,000 (fixed) or both

India: Rs 500 (sec 191) and Rs 1000 and Rs 5000 for subsequent(sec 182A)

Pakistan: Up to Rs 200

Singapore:

First: Up to 3 months or up to S$ 2000Subsequent: Up to 6 months or up to S$ 5000

Malaysia:

First Offence:

Subsequent:

Sec 152 Using a vehicle without registration, without fitness and without permit

Existing

First Offence: Up to 3 months or up to Tk 2000 or both


Proposed:

First Offence: Up to 3 months or Tk 3000 (fixed) or bothSubsequent: Up to 1 year or Tk 5000 (fixed) or both

India:

First Offence: Not less than Rs 200 and up to Rs 5000

Subsequent: Up to 1 year s or not less Rs 5000 up to Rs 10,000

Pakistan:



Singapore:

First: Up to 3 months or up to S$ 2000

Subsequent: Up to 6 months or up to S$ 10000.

Malaysia:Fitness Up to 5 years or up to Rm 5000

Registration: Up to Rm 2000


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Sec 153 Agent or canvasser with proper authority

Existing


Subsequent: Up to 6 months or Up to Tk 2000 or both

Proposed:

First Offence: Tk 2000 (fixed)Subsequent: Up to 6 months or Tk 5000 (fixed) or both

India:


Subsequent: Up to 6 months or up to Rs 2000 or both

Pakistan:



Singapore:



Malaysia:



Sec 154 (1) Driving Vehicle exceeding permissible weight

Existing



Proposed:

First Offence: Not less than Tk 2000 + Tk 1000 for every excess 500 kg

Subsequent: Up to 6 months or not less than twice or more than threetimes the first

offence fine or both

India: Not less than Rs 2000 + Rs 1000 for every 1 ton of excessload + Off load charge

Pakistan:

First Offence:

Subsequent:

Singapore:

First:

Subsequent:

Malaysia:

First Offence:

Subsequent:

Sec 154 (2) Failure to stop and submit vehicle for weighing (new insertion)


India: Up to Rs 3000

Pakistan:

Singapore:

Malaysia:

Sec 155 Driving uninsured Vehicle

Existing Up to Tk 2000

Proposed: Tk 2000 (fixed)India: Up to Rs 1000

Pakistan:

Singapore:


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Sec 156 (1) Taking and Drives a vehicle without consent of the owner or lawful

authority

Existing Up to 3 months or up to Tk 2000 or bothProposed: Up to 6 months or Tk 5000 (fixed) or both



Singapore: Up to 3 months or up to S$ 1000


Sec 156 (2) Taking vehicle under force or threat (new)

Proposed: Up to 2 years or Tk 1000 or both


Pakistan:

Singapore:

Malaysia:

Sec 157 Obstruction in public road or public place

Existing Up to Tk 500 + confiscation of vehicle or material

Proposed: Not less than Tk 200o or Tk 200 / hr, whichever is more +

confiscation of vehicle or material + towing / removal charge.

India: Rs 50/ hr + towing charge / removal charge

Pakistan:

Singapore:

Malaysia: Up to Rm 1000

Sec 158 Unauthorized interference with vehicles

Existing Up to 3 months or up to Tk 1000 or both

Proposed: Up to 6 months or Tk 5000 (fixed) or both

India: Up to Rs 100


Singapore:

Malaysia:

Sec 158A Forgery of Document (new insertion)

Proposed:First Offence: Up to 3 months or Tk 2000 (fixed) or both


India:

Pakistan:

Singapore:

Document: Up to 12 months or up to S$ 5000 or both

License : Up to 12 months or S$ 20000 or both

Malaysia:

Sec 158B Issue of False Document (new insertion)




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India:



Pakistan:


Subsequent: Up to 2 years or up to Rs 1000 or bothSingapore: Up to 12 months or up to S$ 5000 or both

Malaysia:



Sec 158 C(1) Make False statement or declaration (new insertion)

Proposed:



India:



Pakistan:



Singapore: Up to 12 months or up to S$ 5000 / 10,000 or both

Malaysia: Up to 1 year or up to Rm 5000 or both

Sec 158 C(2) Supply false information or document (new insertion)

Proposed:



India:



Pakistan:



Singapore: Up to 6 months or up to S$ 1000 or both


Sec 158 C(3) Gives false warranty by manufacturer , dealer or importer (new

insertion)


Subsequent: Up to 1 year or Tk 10,000 (fixed) or both

India:



Pakistan:






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Sec 158 D Impersonation

Proposed:


Subsequent: Up to 1 year or Tk 5,000 (fixed) or both

India:First Offence: Up to 6 months or up to Rs 2000 or both


Pakistan:





Sec 163 Power to charge certain offenders on the spot (Traffic infringement)

The existing provisions provides a table of traffic related offence (Schedule XII) of the MVO imposing

fixed penalty ranging Tk 5.0 to Tk 100.00 based on the severity of the offence.

The proposed provision provides fixed penalty with lower and higher limit for each offence ranging

from Tk 100 to Tk 500, copy attached in the draft bill.

Section 173A Empowerment of BRTA to convert rules to regulation (New insertion)

Based on the above mentioned findings, a draft bill for amendment of the MVO 1983 to

address Traffic, Safety and Penal Provisions has been prepared and attached herewith.


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Table of Contents

1-i

DRAFTPROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011

Contents

CHAPTER I: PRELIMINARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Short title, extent and commencement._ ............................................................................... 12 Definitions._ ................................................................................................................................... 13 Subdivision of vehicle class._ .................................................................................................. 294 Obedience to and scope of the Act.- ...................................................................................... 305 Effect of headings.- .................................................................................................................... 30


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CHAPTER -I

1-1

Existing Law and its provisions Proposed Law and its provisions Remarks

THE MOTOR VEHICLESORDINANCE, 1983 (ORD NO LV OF

1983)Modified upto November, 1990

DRAFTTHE PROPOSED ROAD TRANSPORT ANDTRAFFIC ACT, 2011 (Act No. of 2011)

Proposed anew law toreplace theMVO 1983

An Ordinance to consolidate andamend the law relating to motorvehicles.

1

WHEREAS it is expedient toconsolidate and amend the lawrelating to motor vehicles inBangladesh:

NOW, THEREFORE, in pursuance ofthe Proclamation of the 24th March,1982, and in exercise of all powers

enabling him in that behalf, the ChiefMartial Law Administrator is pleasedto make and promulgate the followingOrdinance:

Intent.-

An Act to make provisions and to consolidate,update and amend the law relating to roadtransports and traffic.

WHEREAS, it is expedient to make provisions-

(a) to consolidate, update and amend the lawrelating to road transports and traffic, for theregulation of transport and traffic on roads,and other matters with respect to roads,vehicles and other traffic theron; and

(b) for the co-ordination and control of meansof facilities for transport and traffic; and

(c) for the co-ordination and control of means ofand facilities for construction, inspection andmaintenance and adaptation of motorizedand non-motorized vehicles; and

(d) for the levy and imposition of taxes, raisingfunds for expenditure on roads and facilitiesfor road transport and traffic; and

(e) for connected matters and purposes, inBangladesh;

It is hereby enacted as follows:-

Modified tocover all roadtransports andtraffic

CHAPTER IPRELIMINARY

CH A PT E R I : PR EL IMINA R Y Modified

1. Short title and commencement.-

(1) This Ordinance may be calledthe Motor Vehicles Ordinance,1983.

(2) It shall come into force on suchdate as the Government may, by

notification in the official Gazette,appoint

1 Short title, extent and commencement._

(1) This Act may be cited as the RoadTransport and Traffic Act, 2011 (Act No . . . .. of 2011).

(2) It shall extend to whole of Bangladesh.

(3) It shall

road and traffic act of bangladesh

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