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Driving Offences Occasioning Deaths in the Road Transport Act 2018 in Bangladesh: A Textual Comparison with Their Equivalents in Australia

Part Name
Articles
Title
Driving Offences Occasioning Deaths in the Road Transport Act 2018 in Bangladesh: A Textual Comparison with Their Equivalents in Australia
Author(s)
Sheikh M Solaiman
Publication Year
31-May-2021
Citation
Vol. 11 Issue. 1 Page. 134-169, 2021
Publisher
한국법제연구원
Keyword
Road Safety; Road Deaths; Criminal Liability; Bangladesh; Australia
URI
https://www.klri.re.kr:9443/handle/2017.oak/9793
Abstract
The Road Transport Act 2018 of Bangladesh (RTA2018) has
been swiftly enacted to appease public unrest triggered by the tragic death of
two teenagers in the capital city. Bangladesh is an emerging economy in South
Asia, which is currently striving to attain the United Nations Sustainable Devel opment Goals (SDGs) by 2030. Road safety comes within the scope of SDGs
(Goal 3) and its achievement has proven futile amidst conflicting demands of
the transport sector and the general public, following deaths of thousands of
people on the road every year. Bangladesh has a population of over 170 million
people and an alarming record of the lowest number of vehicle-users against the
highest number of accidents in the world, as revealed from a recent report com piled by several international agencies. This article critically examines specific
provisions of the RTA2018 and the Penal Code 1860 (PC1860) which directly
apply to the deaths caused by offensive driving. It finds that the relevant pro visions of both the RTA2018 and PC1860 are flawed in their actual definitions
of ‘offences,’ making enforcement and conviction inherently difficult, and the
punishments prescribed for the convicts are considered notably soft and hence
ineffective deterrents. This paper submits specific recommendations to address
these identified flaws, with the intention that other countries with poor road
safety regulations may also be able to benefit from this analysis and implement
measures to reduce casualties. Both doctrinal and comparative methods have
been used in conducting legal analysis, relying on mostly primary materials
and scholarly works under the theoretical underpinnings of public interest and
deterrence theories.
Table Of Contents
Ⅰ. Introduction Ⅱ. Research Methods Ⅲ. Theoretical Underpinnings A. Addressing the policy gaps in the current law dealing with solid wastes B. Enhancing the critical role of LGUs in the management of marine plastic debris C. Improving plastic waste governance in general through coordination and ac countability Ⅳ. Elements of the Driving Offences Resulting in Deaths on the Road A. Rash Acts as Actus Reus B. Rash Acts – Hazarding a Dangerous and Wanton Act with the Knowledge That It is Dangerous or Wanton C. ‌ Rash Acts – Driving with the Criminality of Recklessness or Indifference as to the Consequence D. Whether Dangerous to the Public or to Any Persons Ⅴ. Leniency in Punishments VI. Findings and Recommendations
A. ‌ Elements of the Offences in s105 of the RTA2018 and s304B of the PC1860 –
Actus Reus Abstruse
B. ‌ Elements of the Offences – Clarity about ‘Reckless Indifference to Conse quences’ as Mens Rea Needed
C. Whether Dangerous to the Public or to Any Person
D. ‌ Elements of Offences and Punishments Should be Consistent
E. ‌ Inadequacy in Penalties.
Ⅶ. Conclusions
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