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

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.