ICTCT 2013: STELLENBOSCH: 4 & 5 APRIL 2013 ROAD USER CONFLICT: - - PowerPoint PPT Presentation

ICTCT 2013: STELLENBOSCH: 4 & 5 APRIL 2013

ROAD USER CONFLICT: IMPAIRED DRIVERS AND PEDESTRIANS: IN CONLICT WITH THE LAW AND ONE ANOTHER: THE WESTERN CAPE REALITY

PRESENTATION OUTLINE

• Statistical exposition
• WHO findings
• South African fatalities
• BRICS countries comparison
• South African and Western Cape comparison
• Deductions
• Western Cape Initiatives
• Legislative prescripts
• Challenges
• Road user conflict
• The road ahead

ROAD DEATHS: TRAGEDY OR STATISTIC

One death is a tragedy;

• ne million is a statistic.

Joseph Stalin

SOUTH AFRICAN: STATISTICS

2011/2012: 13932 deaths Averages: 1161 per month 268 per week 38 per day 1.6 per hour

SOUTH AFRICAN: REALITY

268

Weekly Graves waiting to be dug Funerals to be held Immediate households, congregations and or schools to be affected

SOUTH AFRICAN: TRAGEDY

1

DEATH EVERY 37 MINUTES 30 SECONDS

WORLD HEALTH ORGANISATION FINDINGS

GLOBAL STATUS REPORT ON ROAD SAFETY: 2013

• The highest road traffic fatalities are in middle income countries,

particularly the African Region

• Over a third of road traffic deaths in low- and middle- income

countries are among pedestrians and cyclist. However less than 35% of low- and middle- income countries have policies in place to protect these road users.

• The African Region has the highest road traffic fatality rate per 100 000

population

• Africa 24,1
• Europe 10,3
• South Africa 31,9

ROAD FATALITIES: NATIONALLY

2005- 2006 2006 - 2007 2007 - 2008 2008 - 2009 2009 - 2010 2010 - 2011 2011 - 2012 Fatalities 14 317 15 515 14 627 13 707 13 923 13 802 13 932 13 000 13 500 14 000 14 500 15 000 15 500 16 000

BRICS COUNTRIES COMPARISON: INCOME

BRICS COUNTRIES COMPARISON: POPULATION

BRICS COUNTRIES COMPARISON: ROAD DEATHS

BRICS COUNTRIES COMPARISON: DEATHS/100 000

RSA COMPARISON: ROAD USER DEATHS

RSA COMPARISON: ROAD USER DEATHS AS %

WESTERN CAPE COMPARISON: ROAD USER TOTALS

586 586 TOTAL 1261 TOTAL 1261

WESTERN CAPE COMPARISON: ROAD USER %

46,51% 46,51%

SOME DEDUCTIONS

• South Africa has a much higher road traffic mortality rate than global

averages

• The link between alcohol impaired driving and traffic crashes is well

established

• Western Cape Provincial Injury Mortality Surveillance System (PIMSS) 2008

indicates:

• homicide = 38% and
• transport fatalities = 26% of unnatural deaths
• Nearly eighty percent of these deaths occurred among males,

particularly in the 20 to 34 year age group.

• Closer analysis of this document showed that Blood Alcohol Testing was

done in the instance of 1104 of 1801 transport related fatalities (61,4%)

• Of this group 338 were drivers of whom 238 (70,41%) were tested and

146 (61,34%) of that group were shown to have Positive Blood Alcohol Content Levels.

FURTHER DEDUCTIONS

• A local study applying various factors of risk among driver deaths

determined that 25% of deaths would have been avoided had the drivers not been drinking. Thus 25% of crashes and costs related thereto can be attributed to drinking and driving

• Can this be reasonably applied to pedestrians too
• The conclusion is that drinking and driving crashes potentially cost the

Western Cape in excess of R 22 Billion from 2001 to 2010 (as in S v Hendricks ) [Referred to below]

• Some new estimates of total National crash costs are as high as R 307

Billion per annum. The deduction then that 25% of that cost will be R76 Billion pa

SOME WESTERN CAPE INITIATIVES

• State v Hendricks
• Alcohol Evidence Centres
• Alcohol law enforcement blitzes
• Name and shame campaign
• NICRO and other NGO’s such as GRSP
• The new approach of the National Prosecuting Authority
• Integrated activities through road safety management structures
• Research into pedestrian hazardous locations
• Pedestrian awareness

STATE v HENDRICKS

• The National Prosecuting Authority on own initiative summarily indicted

an accused in the High Court on a charge of having a higher than allowed breath alcohol content in order to rule on the credibility of breath alcohol testing

• Our court system is precedent based on the Stare Decisis rule in that

lower courts are bound by higher court decisions and this would give guidance to all lower courts in the province

• Delays in the testing of blood samples necessitated this
• The defence challenged all aspects of the evidence even the

constitutionality thereof

• Expert witnesses were called to establish these facts

OUTCOME OF STATE v HENDRICKS

All was not plain sailing and the major findings were:

• Breath alcohol testing is Constitutional
• The State must use all means at disposal to fight the scourge of drinking

and driving, inclusive of Breath Alcohol Testing devices

• The Dräger machine can be reliable if used in basic specification form
• Problems were however found with
• type endorsement
• standards accreditation
• regulations
• the use of a temperature sensor
• calibration
• servicing
• standard operating procedures and
• training

STATE v HENDRICKS FOLLOW ON

• A task team was created to address the issues of writing a new

standard to satisfy the needs of the court

• This has been concluded and published for comment
• Once finalised :
• The type endorsement of a machine suitably specified will take place
• Proper standard operating procedures will be drawn up
• Training of officers in the use thereof will ensue
• Further challenges are however expected

ALCOHOL BLITZES AND NAMING AND SHAMING

• As can be seen by the number of blood samples analysed the Western

Cape is seriously addressing the problem in an attempt to reduce fatalities by 50% (Provincial Traffic Law Enforcement figures below)

• In 2011: 1292 arrests from 1260 road blocks
• In 2012: 1130 arrests from 1248 road blocks
• Ongoing weekly plans are focussed on impaired driving
• The names of persons convicted of road crime are published on a

regular basis in the print media in collaboration with a large printing

• house. It is believed that this embarrassing result is having a positive

effect too on reducing the occurrence of drunk driving

WEEKEND ALCOHOL BLITZES: 2011

WEEKEND ALCOHOL BLITZES: 2012

ALCOHOL EVIDENCE CENTRES

• SHADOW centres as known in the province (Safely Home Anti Drink

Driving War Room)

• Major sponsorship from SAB Miller at each centre
• Athlone
• George
• Worcester
• Equipped with Breath Alcohol Evidentiary machines
• Impacted on by the outcome of the Hendricks case
• Currently used for blood drawing activities in impaired driving cases
• Will be fully utilised again once the Hendricks case follow up outcomes

have been finalised

NICRO AND ROAD CRIME OFFENDERS

National Institute for Crime Prevention and the Rehabilitation of Offenders Diversion programmes

• A diverted offender typically avoids trial and is referred to programmes

and services instead Non Custodial Sentencing

• This allows offenders to retain employment and remain in the family home
• The loss of social support and the stigma of imprisonment is avoided
• If this path is followed such persons still receive a criminal record

Outside involvement

• Participation by Road Safety Management, Traffic Law Enforcement and

the South African Police Service as well as Alcoholics Anonymous to raise awareness

THE NEW DIRECTION OF THE NPA

• Most prosecutions are based on the alternative charges in terms of

legislation

• These carry lesser penalties
• Such charges are plagued by delays as a result of blood sample test

backlogs

• Emphasis is to be placed on training of officers in the observation of

drivers in respect of impairment (field sobriety testing such as nystagmus, Romberg and heel to toe walking tests) and statements based thereon to ensure conviction on the main charge

DRUNK DRIVING LEGISLATION

PEDSTRIAN HAZARDOUS LOCATIONS

Pedestrians as vulnerable road user have been identified by the Road Safety Management Structures of the Provincial Road Traffic Management Coordinating Committee [PRTMCC ](ito Pillar One of the Decade of Action) and special attention given thereto Specific research was done by the Council for Scientific and Industrial Research (CSIR) into the top six pedestrian hazardous locations in the

• province. These are to be addressed by the multi E approach of:
• Engineering
• Education
• Enforcement and
• Evaluation

PEDESTRIAN AWARENESS

Based on vulnerability, numerous other activities form part of the ongoing activities to mitigate the risks pedestrians are exposed to and also to instil a culture of education and awareness in all road users from a young age These include among others:

• Safety in Traffic Educational Programme (School based activities)
• Scholar patrol activities
• Walking bus
• Reflective bands
• Pamphletering at hot spots
• Law enforcement activities

Special attention is also given to pedestrians on freeways and drunk pedestrians.

DUTIES OF PEDESTRIANS

Regulation 316 of the National Road Traffic Act, 1996 (Act 93 of 1996) 1) Whenever a sidewalk or footpath borders on the roadway of a public road, a pedestrian shall not walk on such roadway except for the purpose

• f crossing from one side to the other or for some other sufficient reason.

2) A pedestrian on a public road that has no sidewalk or footpath bordering on the roadway, shall walk as near as is practicable to the edge

• f the roadway on his/her right-hand side so as to face oncoming traffic
• n such roadway, except where the presence of pedestrians on the

roadway is prohibited by a prescribed traffic sign. 3) No pedestrian shall cross a public road without satisfying himself/herself that the roadway is sufficiently free from oncoming traffic to permit him or her to cross the road in safety.

REGULATION 316 CONTINUED AND OTHERS

4) A pedestrian, when crossing a public road by means of a pedestrian crossing or in any other manner, shall not linger but shall proceed with due despatch. 5) No pedestrian on a public road shall conduct himself or herself in such a manner as to, or as is likely to, constitute a source of danger to himself/herself or to other traffic that is or may be on such road. 6)A pedestrian may cross a public road only at a pedestrian crossing or an intersection or at a distance further than 50 metres from such pedestrian crossing or intersection.

• The Liquor Act always made provision for public drunkenness but this has

since been deemed to be unconstitutional by the courts and has been replaced by Municipal By Law Legislation

Thank you

DRUNK DRIVING

Thank you

CULPABLE HOMICIDE

Thank you

MURDER

Thank you

DRUNK DRIVING STATISTICS

The number of blood alcohol samples tested drunk driving for the period 01 April 2010 to 30 September 2012 per Province (NDOH 2012) Province Tests Over limit % Eastern Cape 14 008 12846 92 Free State 912 502 55 Northern Gauteng 6 501 4743 73 Southern Gauteng 9 865 4511 46 KwaZulu-Natal 23 118 15347 66 Mpumalanga 8 599 6158 72 Limpopo 5 599 3350 60 Northern Cape 2 055 1721 84 North West 1 441 1019 71 Western Cape 31 323 30052 96 Total 102 999 80671 71

Thank you

BLOOD SAMPLES: PROVINCIAL COMPARISON

Thank you

PROVINCIAL STRATEGIC OBJECTIVES (PSO)

PSO 3: INCREASING ACCESS TO SAFE AND EFFICIENT TRANSPORT Outcome 1: 13% modal shift, private to public transport by 2014, Outcome 2: Shift in freight haulage from road to rail increasing by 10% by 2014 Outcome 3: Reducing road fatalities by 50% by 2014 Outcome 4: Reduce the transport infrastructure backlog by 16% by 2014

Thank you

PEDESTRIAN CHALLENGES

• No National legislation to police drunk pedestrians other than

Regulation 316 and municipal by laws. Thus no effective deterrent

• Difficulties to prosecute owing to procedures of arrest and/or notices to

appear in court

• The regard by the courts that such cases are petty offences
• Social issues of low income areas with congested roads and free abuse
• f alcohol
• Similarly rural areas with movement of intoxicated persons between

locations on high speed roads

• Residential areas split by major arterial routes and the difficulty to

barricade such roads and prevent persons crossing

• The impossibility to have police visibility at all times
• The difficulty to always address target appropriate groups and context

specific interventions

Thank you

SUMMARY OF CONFLICT

• Pedestrians don’t kill themselves
• Drivers of vehicles kill pedestrians
• Very seldom is only one or the other party to blame
• Contributory negligence plays a major role
• Hazard perception by both motorised and non motorised road users is

lacking

• Road markings, signage, lighting and traffic calming where necessary

needs to be explored in conjunction with effective speed limit determination

• Desire lines and social reality dictate movement patterns regardless of
• infrastructure. Proper planning is necessary
• Drunk drivers and drunk pedestrians potentially on the same road are a

cocktail recipe for disaster and death, invariably of the pedestrian

• The need is to address both and not only one in isolation of the other

Thank you

THE ROAD AHEAD

• Road safety interventions must be multi-disciplinary, planned,

integrated, coordinated and specifically focussed on hazardous locations and temporally and spatially relevant

• All resources must be used to assist including the harnessing of

technology such as the Freeway Management System

• Increased law enforcement activities aimed at reducing the root of all

evil must be sustainable

• Increase and maintain support for NGO’s such as NICRO and the GRSP

(Global Road Safety Partnership) regarding anti drunk driving programmes, such as Safer Roads 4 Youth

• Continued alignment of programmes, projects and functioning to the

United Nations Decade of Action

• Commitment to achieving the Provincial Strategic Objectives
• Addressing the South African tragedy

.

Thank you

OUR CHOICE: TRAGEDY OR NOT

Thank you

CONTACT DETAILS

DAVID V FROST

DEPUTY DIRECTOR: ROAD SAFETY MANAGEMENT DEPARTMENT OF COMMUNITY SAFETY WESTERN CAPE GOVERNMENT 4TH FLOOR, 35 WALE STREET CAPE TOWN TEL: 021-483-6971 CEL: 082-576-2159

David.Frost@westerncape.gov.za

Thank you

DRUNK DRIVING: THE MAIN CHARGE

National Road Traffic Act: 1996,(Act 93 of 1996) Section 65. Driving while under the influence of intoxicating liquor or drug having narcotic effect, or with excessive amount of alcohol in blood or breath (1) No person shall on a public road— (a)drive a vehicle; or (b) occupy the driver’s seat of a motor vehicle the engine of which is running, while under the influence of intoxicating liquor or a drug having a narcotic effect.

Thank you

OVER THE LIMIT DRIVING: BLOOD ALCOHOL

(2) No person shall on a public road— (a)drive a vehicle; or (b) occupy the driver’s seat of a motor vehicle the engine of which is running, while the concentration of alcohol in any specimen of blood taken from any part of his or her body is not less than 0,05 gram per 100 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres.

Thank you

OVER THE LIMIT DRIVING: BREATH ALCOHOL

(5) No person shall on a public road— (a)drive a vehicle; or (b) occupy the driver’s seat of a motor vehicle the engine of which is running, while the concentration of alcohol in any specimen of breath exhaled by such person is not less than 0,24 milligrams per 1 000 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1 000 millilitres.

Thank you

DRUNK DRIVING: PENALTIES

89. Offences and penalties (1) Any person who contravenes or fails to comply with any provision of this Act or with any direction, condition, demand, determination, requirement, term or request thereunder, shall be guilty of an offence. (2) Any person convicted of an offence in terms of subsection (1) read with section 3K (1) or (2), 42(1) or (2), 44(1), 45(2), 46(1), 49 or 65(1), (2) (5) or (9) (Drunk Driving , Blood and Breath over the limit and refusing sample)shall be liable to a fine or to imprisonment for a period not exceeding six years;

Thank you

HIT AND RUN DEATH: PENALTIES

(4) Any person convicted of an offence in terms of subsection (1) read with section 61(1) shall be liable— (a)in the case of the death of or serious injury to a person where it is proved that the person convicted has failed to comply with paragraph (a), (b), (c) or (f) of section 61 (1), (Failing to stop: Hit and Run) to a fine or to imprisonment for a period not exceeding nine years;

Thank you

CULPABLE HOMICIDE

Thank you

PILLAR ONE: ROAD SAFETY MANAGEMENT

Focuses on the need to strengthen institutional capacity to further national road safety efforts. It includes activities such as

• establishing a lead agency for road safety involving partners from a

range of sectors;

• developing a national road safety strategy; and
• setting realistic and long-term targets for activities
• with sufficient funding for their implementation.

It calls for development of data systems to monitor and evaluate activities.

Thank you

PILLAR TWO: SAFER ROADS AND MOBILITY

Highlights the need to improve the safety of road networks for the benefit

• f
• all road users, especially the most vulnerable:

pedestrians, bicyclists and motorcyclists. Activities include improving the safety-conscious

• planning, design, construction and operation of roads, and making sure

that roads are regularly assessed for safety;

• encouraging relevant authorities to consider all forms of transport and

types of safe infrastructure when they respond to the mobility needs of road users; and

• promoting road safety training and education on these topics

Thank you

PILLAR THREE: SAFER VEHICLES

Addresses the need for improved vehicle safety

• by encouraging harmonization of relevant global standards and

mechanisms to accelerate the uptake of new technologies which impact on safety. It includes activities such as implementing

• new car assessment programmes so that consumers are aware of the

safety performance of vehicles, and trying to ensure that all new motor vehicles are equipped with minimum safety features, such as seat-belts. Other activities covered include promoting more widespread use of crash avoidance technologies with proven effectiveness, such as electronic stability control and anti-lock braking systems.

Thank you

PILLAR FOUR: SAFER ROAD USERS

Focuses on developing comprehensive programmes to improve road user behaviour. Activities include sustained or increased

• enforcement of road safety laws and standards
• combined with public awareness and education to increase
• seat-belt and helmet wearing and to
• reduce drinking and driving, speeding and other risks.
• It also calls for activities to

reduce work-related road traffic injuries and promote the establishment of graduated driver licensing programmes for novice drivers.

Thank you

PILLAR FIVE: POST CRASH RESPONSE

Promotes the improvement of health and other systems to

• Provide appropriate

emergency treatment and longer-term rehabilitation for crash victims.

• Activities include developing

pre-hospital care systems, including implementation of a single nationwide telephone number for emergencies;

• providing early rehabilitation and support to injured patients and those

bereaved by road traffic crashes; establishing insurance schemes to fund such initiatives; and encouraging a thorough investigation into crashes and an appropriate legal response.