Parliament is currently debating whether or not the government’s proposed stricter driving rules should be implemented.
When the authorities are only capable of catching six (six!) drunk drivers on New Year’s Eve, lowering the alcohol consumption limit and raising fines are as useless as the existing provisions.
If Malta wishes to improve driving safety through legislation the authorities should instead ratify the UN Vienna Convention on Road Traffic of 1968.
Most European countries – nearly 50 years ago – agreed on general rules such as:
“Road-users shall avoid any behaviour likely to endanger or obstruct traffic, to endanger persons, or to cause damage to public or private property” or “drivers shall show extra care in relation to the most vulnerable road-users, such as pedestrians and cyclists and in particular children, elderly persons and the disabled”.
While these rules may sound obvious, they are not part of Maltese regulations.
In order to help enforcement (and to save taxpayers’ money) I also strongly advise following German, Dutch and Danish practice by implementing provisional liability. Provisional liability requires the party with the less vulnerable vehicle to justify their actions and prove legal conduct if involved in an incident. For example, a truck driver bears the responsibility of justifying the actions that led to him hitting a passenger car.
Without such provisions the law considers alleged offenders and victims as equal parties, despite the fact that the law of physics favours those that are stronger and faster. Such discrepancies lead to cases where the alleged offender is acquitted due to the pedestrian or other traffic victim having failed to testify – by virtue of their own death.
Not only does the lack of provisional liability result in lengthier investigations and fewer convictions but it also results in a traffic attitude that those that are stronger can hit anything and anyone without criminal or financial liability. Malta’s Justice Minister himself could illuminate us further on the subject.
There are some signs that suggest that the insurance industry opposes provisional liability since lack of proven responsibility translates into fewer claims, therefore more profit.
Certainly, the bill is still picked up and paid for but not by the offender’s insurer but by the taxpayer: that is you, readers. Any responsible driver and any taxpayer, in fact, should be outraged over the practice of paying the costs of those who drive dangerously and cause accidents. Every day, taxpayers and drivers are essentially robbed by the drivers around them.
If readers have ever wondered why we have such a problem with traffic congestion, they should look no further than the responses to a current petition which all clearly voice that people drive in order to protect themselves from other road users and because there are no viable alternatives.
Some think a motorbike would also suffice: two of them have already died this year. Both hit by vehicles.
One can find the petition at http://change.org .