Since January this year the Motor Traffic Act became effective to all road users.

According to the press release from the office of the Inspector General of Police published by media in January, ‘The road traffic bill passed by members of the National Assembly in the year 2008 will [has] come into force’. The act which was cited as the Motor Traffic (Amendment) Act, 2008 is referred to as the Motor Traffic Act,   inserted immediately after section 51.

The new inserted MTA enlightens the society about the use of mobile phone and seatbelts when vehicle is on traffic. According to the MTA section 51A, “a person shall not use or talk on a mobile phone when driving on a road unless the mobile phone is a hands-free phone set and is being used whilst the person’s both hands are on the steering wheel.” And section 51B states that, it is mandatory that “a person shall not drive a motor vehicle on a road unless the person is restrained by a seatbelt.”

Going by section 51A, “mobile phone” includes any portable device using a cellular radio system. Any “person who contravenes this section shall be guilty of an offence and upon conviction shall be liable to a fine of not less than D2500 (two thousand five hundred dalasis) and not more than D6000 (six thousand dalasis).”While subject to seatbelts subsection of the MTA says, “a person driving a motor vehicle shall ensure that a passenger in the front seat of the motor vehicle is restrained by a seatbelt.”

In digesting the MTA, “a person driving the following motor vehicles shall be exempted from the provisions of subsection 51B (2) which stated “an ambulance, a fire fighting vehicle, or state vehicle on duty; and a bus, including a school bus (but excluding a charter or sightseeing service bus) whether publicly or privately owned, which provide service to the general public or provides special service on a regular basis.”

The MTA advises that a person driving a motor vehicle should ensure that “a child who is occupying a seat in the vehicle is properly secured and in the case of a child under five years of age, an  appropriate child restraint is used for the child if the child is occupying a front or back seat.”  

Talking about “appropriate child restraint” this includes a baby carrier, a child seat, harness, booster seat and booster cushion. Therefore “a person who contravenes this section  (51B) shall be guilty of an offence and shall be liable on conviction to a fine of not less than D1000 (one thousand dalasis) and not more than D1500 (one thousand five hundred dalasis).”

The reasons behind this MTA is that the Bill seeks to create offences relating to the use of mobile phones while driving in traffic, and driving in traffic without the use of seatbelts. The Bill prohibits the use of mobile phones while driving in traffic, and driving in traffic without a seatbelt.

It was noted in the Bill that “there has been, in recent times, an increase in the number of vehicles/persons involved in road traffic accidents with often serious consequences, especially in the Greater Banjul Area. These accidents are usually aggravated by the non-use of seatbelts.”

In the past, the law was silent on the use of mobile phones while driving in traffic. So also the use of seatbelts is not put into practice while driving. The laws only dealt with reckless/dangerous and careless driving. Evidence has shown  that people using seatbelts while driving or in a moving vehicle, are better protected and often sustain lesser injuries in an accident than other fellow passengers who did not use the seatbelts at the time of accident.

The office of the Inspector General of Police thereby hoped that the amendments would serve as deterrent to would-be offenders and save the lives of innocent people. It is important to be a good citizen and abide by the rules and regulations.

Reference: Motor Traffic (Amendment) Bill, 2008