Regulation 128 of Road Trafffic Regulations, 2012, LI 2180 prohibits the use of motorcycles (two legs) and tricycles (three legs encompassing praggia and aboboyaa) to carry fare paying passengers and for that matter, commercial purposes, save courier and delivery services.
In fact, the provision is emphatic and chooses and uses the word “SHALL NOT.”
This provision which was carefully and thoroughly thought through some twelve (12) years back for good reasons and inserted therein when the previous LI’s (954/5) dating back to 1974 was amended by LI 2180 is now being threatened big time, this time round, slated to be blown off our statutory books by the political wind.
If l may ask, has the issues that triggered the promulgation of Regulation 128 been addressed/surmounted?
Has the amputation stopped at the Accident Unit of Korle Bu Teaching Hospital (KBTH) where Okada victims are mostly sent to, sad?
Has the chaos and acts of indiscipline by these riders abated?
As a representative of the Accident Unit of KBTH posited at a workshop organised by National Road Safety Authority, NRSA, at Shippers Council Hall on the subject mattter some time back – he expressed worry why the subject was being discussed in the first place as its ramifications was very pregnant even to the uninitiated eyes.
Again, he expressed worry to the effect that it was the poor who mainly could not afford the cost of Okada related injuries who are the ones that fell victims thereto.
Yah, it was a campaign promise by the ruling National Democratic Congress, NDC, to regularize Okada should they be voted into power but the question is, MUST WE THROW OUT THE BABY WITH THE BATHWATER?
In fact, l was taken aback by the said campaign promise for its sheer snd mere safety and health ramifications.
Interestingly, our law enforcement agencies have demonstrably demonstrated that they lack the wherewithal, yah, their incapacity, inability, and what have you, to contain same, so why all this fuss about legalizing same. Frankly speaking, it had been covertly legalized already.
l heard the new Ag. Director General of NRSA on Citi FM on Monday, March 10th espousing why, and the measures they intend to put in place to operationalize same – Thanks to the host who asked very probing questions thereof.
RWANDA IS CERTAINLY NOT GHANA
The Ag. DG of NRSA gave a beautiful account of how Okada has been operationalized in the Eastern African country of Rwanda.
Yah, in their capital Kigali, not a single bin is dropped and or could be found in the drains and or on the streets – the law works there.
Again, the traffic laws are not only obeyed, but enforced religiously to the extent that even when the traffic lights are not functioning at intersections, Rwandese without the prompting of the Police are orderly, yah, they behave themselves as if strings are being pulled from a corner/somewhere.
Why compare apples to oranges?
Believe much literature has already been churned out on the dangers of Okada which has played out right in front of our eyes and noses and needs no restatements thereof.
Taking my small hamlet of Sekyere East in Ashanti with a population of less than 60,000 as a case study, Okada operations has brought countless and untoward hardships and worries to hundreds of homes – legs and limbs have been amputated, deaths have occasioned, people have been maimed, properties destroyed, mention them, through the use of prigga and invariably the inability of the law enforcers therein to beat the bar.
It might interest readers to know that “Effiduasi Broke” once a key actor of Nana Ampadu African Brothers Band and a native thereof did not die a natural death, but succumbed to injuries sustained in a prigga incident – there are countless.
CAMEROON EXPERIENCE
About seven or more years ago, it was published in the Daily Graphic, an agonizing picture of the effects of Okada on and in that country and how the authorities have cursed their stars and wished they had never acquiesced to Okada – why did the Ag DG of NRSA team not visit same to learn therefrom. Axiomatically, they are focused on the low hanging fruits to justify their actions and inactions.
FOREIGNERS IN THE TRADE
There is also the issue of influx of foreigners into the trade which has been hanging since.
If the authorities care to know, a number of Okada operators are foreigners from our immediate neighborhood who have been let loose and mostly have no fixed place of abode which has been compounded by our porous borders and lack of enforcement of our immigration laws by those paid to do so – these persons have nothing to loose but to kill and maim innocent Ghanaians and vamoose thereafter to their home countries.
Personally, l believe they will be the ultimate beneficiaries, the Government of Ghana having solved their unemployment problem. They must therefore be watched carefully in the operationalization equation.
INSURANCE
I am not quite sure how far the implementors of this idea have engaged the Insurance industry. Sitting afar, three scenarios comes to play considering the frequency of Okada incidents, the extent of injuries mainly deaths, amputations, maiming of pillions and third parties for life among others:
The Insurance companies will be reluctant to underwrite Okada risks as associated claims have real potency of wiping out their capitals. Granting there is a ceiling to entice Insurance Entities to underwrite, whose interest will that serve?
– ?The Insurance companies will charge ‘commensurate’ premiums for the risks they will be underwriting which will be out of reach of most ordinary Okada operators, thus most Okadas will be uninsured to be compounded by lack of enforcement, the pillions and third parties being the ultimate loosers.
– ?The Insurance Companies will underwrite but payments of claims will be a herculean task
In all the three scenarios mentioned above, the ordinary Ghanaian who the law seems and seeks to cushion will be the ultimate loosers.
Axiomatically, there is general indiscipline in all facets of Ghanaians ways of doing things, more especially on our road networks and strongly suggest that sanity be restored on our roads, more especially when our roads were not designed to contain motorcycles – this must be the first consideration before any cylinder is fired in this regard.
More engagements be carried out before we press the pedal.
There is a saying amongst the Elders of Effiduasi Etia – that “HAD I KNOWN IS ALWAYS ON FLIGHT.”
GHANA MEDICAL ASSOCIATION (GMA) IN THE EQUATION
Undoubtedly the input of GMA cannot be discounted in the impending legalizing equation. They are a key stakeholder and l am doubtful if their input has been or is being sought before this onslaught, yah, onslaught to place more work on their theatre tables.
As intimidated earlier they did not hide their averse when the subject matter was raised some years back – at least they must be heard if even their inputs will be ignored, as expected, for the stake of posterity.
Thankfully, there are quite a number of Medical Professionals in Parliament. The Ranking Member on Health, Dr. Ayew Afriyie is a medic. Again, they have in their mist, a former General Secretary or whatever of GMA, Prof. Titus Kofi Beyuo, MP for Lambussie Karni, who are now in the thick of affairs and must not disappoint his former Association – they are charged per this piece to articulate the concerns of the Accident Units.
REGULATION 84 OF LI 2180
Regulation 84 of LI 2180 reads:
“A person shall not ride or be a pillion rider on a motor cycle, motor tricycle or a quadru- cycle…..unless that person wears reflective clothing and a protective helmet”
It goes further to outline other safety measures like protection of the chin and pillions under 18 years.
Flowing therefrom, my concerns are:
– Is this mandatory regulation going to be amended and to what extent?
– ?Are pillion going to carry own individual helmets?
– ?Is it going to address the quality of helmets as the market is presently flooded with substandard helmets – WHO CARES?
– ?Are children under age 9 through to age 3, ferried in batches of 3s and 4s on Okada to and from school going to be given helmets to conform with the law?
– ?What will be the age limit for riders as it was in the contemplation of the authorities to scale it down.
– ?Is it the case that newly trained riders are going to carry fare paying passengers without any additional practical skills?
– ?Has the health implications of wearing the same helmet multiple times by pillions with its attendant health implications and potential spread of infectious disease been addressed? This point raises the dire need to bring GMA into the equation.
ELECTRIC MOTORCYCLES
Yah, l heard the President right – that Okada operators will be encouraged and assisted to procure electric motor cycles to enhance their operations and rake in more profits.
What measures have been or is being put in place to address issues posed by this noiseless objects destined to meander through traffic with pedestrians and other road users – l see and consider them a real danger in the road users equation which must not be ignored.
NRSA must be tasked to strategize on this – the cart must not be placed before the horse.
More consultations needs to be done with all stakeholders for their inputs therein for the actions and inactions of the implementors affects all – This Okada move, unlike the free SHS which was rushed through, borders on life and affects and infects all and sundry, consequently it must not be rushed through nor left to the Politicians whose actions and inactions are mainly populist.
What else can l say but to take consolation in the Akan adage which reads, “wo tumifo?wur? wo kawa fa wab?tri”.
By Osei Kwabena Esq.
(Etia Street, Asante Effiduasi)
The post Feature: Legalizing Okada – The Insurance Conundrum & Other Matters Arising appeared first on The Ghanaian Chronicle.
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