Evolution of Road Transport and Safety Laws in Bangladesh- “One step forward, two steps backwards?”
Shafqat Aziz[1]
“This article seeks to outline the development of Road Transport and Safety Laws in Bangladesh since the times of British India to present day. The long standing statute followed in this area of law has been the Motor Vehicle Ordinance 1983 which has been replaced by the Road Transport Act 2018 which is however yet to be in force due to more bureaucratic and administrative issues than legal. Therefore, despite the new act, road transport and law enforcement authorities still have to rely on the tried and tested Motor Vehicle Ordinance 1983 for now. There has been considerable development in the area of Road Transport Safety Laws in terms of case laws too in the landmark case of Catherine Masud vs. Md Kashed Miah[2] which has set the precedence for future successful claims under the Law of Tort in Bangladeshi courts by the High Court bench of Justice Zinat Ara and Justice Kazi Md Ejarul Haque Akondo.
In conclusion, an analysis has been made about the comprehensiveness of the newly passed statute of Road Transport Act 2018 and its downsides in comparison to the Motor Vehicle Ordinance 1983 considering the wide range of opportunities Motor Vehicle Ordinance 1983 offered under law which the Road Transport Act 2018 has failed to address or build upon. In simple terms, I would like to address it as “Missed Opportunities”.
Historically, it can be recognized that Road Transportation and Safety Laws existed in the Indian Sub-Continent dating back up to over 150 years to the times of British India if we consider the provisions of the Fatal Accidents Act 1855 could be read in line and relied on in cases involving road accidents in later years.
British India enacted her first Motor Vehicles Act. After over 30 years since 1908,[3] the people, judiciary and law enforcers realized that the act had become obsolete and hence must be replaced by a new Act- Motor Vehicle Act 1939. In the following 70 years since the Motor Vehicle Act 1939 came into force, it had its name changed thrice to East Pakistan Motor Vehicles Act 1939 (1947), The Motor Vehicles Act 1939 (1972) and finally Motor Vehicle Ordinance 1983 (MVO 1983) which is currently in force and our current law and shall be the main focus of this essay in addition to recent developments. Henry Ford mass produced the first motor vehicles for commercial use in 1908. It is to be noted that no significant changes has been made to the existing law MVO 1983 since decades preceding 1939.[4] A new Road Transport Act 2018 bill has been passed, however is currently not in force due to resistance from some parties[5] which shall be discussed in this essay.
The National Committee to Protect Shipping, Roads and Railways (NCPSRR) reported, at least 61,512 people were killed, in addition to 102,618 others injured in 55,141 road accident incidents since 2005 to 2017. NCPSRR also reports, in 2018, minimum of 2,471 people died in 2,353 road accident incidents across the country in the first half of the year. Even for a country with a population of 164.7 million, these numbers are not negligible considering loss of life is involved here. In addition, it is pertinent to note these numeric figures are only the reported incidents, the actual numbers naturally could possibly be far higher.[6]
In a densely populated country like Bangladesh,[7] traffic gridlocks are a common phenomenon. Road accident news are common to the general public as well due to unfit vehicles and lack of professional drivers, lack of vehicle fitness and overall lack of awareness in the general populous. Steps have been taken to curb this major issue,[8] however the effort given to solve this massive scale problem has been small in proportion to the number of road accidents per annum incidents are considered. An alarming number of hours are lost daily due to traffic gridlocks- 3.2 Million hours daily as per a recent World Bank report.[9] A study by Accident Research Institute (ARI) of the Bangladesh University of Engineering and Technology (Buet) reported recently daily traffic wastes 5 million working hours in addition to 37,000 crore Takas.[10]
Worse still, the numbers keep going up every year and little has been done by the authorities to combat this apart from recent directives[11] to curb the inflow of insufficiently trained drivers and improving the number of vehicles which have passed the vehicle fitness standards[12] set by BRTA (Bangladesh Road Transport Authority).[13]
Traditionally, often after a road crash is incidents of Mob Justice awaiting the fate of the driver at fault- the general public beats the driver if they can catch him before the authorities, namely the police get on spot.[14] Nothing can replace incidents of death and injury caused as a result of road accidents but the trend is, the offender pays out the victim with a sum of cash and even 3rd party aid/human rights group provides some monetary assistance to the family of the victim. However, in an overwhelming majority of cases, victim’s/victim’s families rarely legally sue the offender in these cases because more often than not, the victim or his family are unaware of the provisions allowed by the law for the victim to seek compensation.[15]
According to Fatal Accidents Act 1855, for deaths and injuries occurring as a result of a prescribed prohibited act, the victim or his family may file a case under section 1 of the act. Civil courts have the authority to award compensations as they deem fit to the claimants.[16]
Fatal Accidents Act, 1855 states that the compensation for the loss in case of fatal accidents has to be in proportionate to the actual pecuniary benefit which the dependents of the victim might reasonably expect of enjoy as compensation for their aggrieved loss[17] as per Sharifuddin Chaklader, J in Bangladesh Beverage Industries Ltd v Rowshan Akhter and others.[18] This case can be considered a milestone case in Bangladeshi Legal Law of Tort Jurisprudence as the court ordering the company- Bangladesh Beverage Ltd to pay 1.7 crore takas to the victim’s family.[19]
The current leading statute regarding Road Transport and Safety Laws in Bangladesh is the recently enacted Road Transportation Act 2018 however, it is yet to go into force. Prior to this, relevant statutes in this area of law were Fatal Accidents Act 1855 and MVO 1983. In addition, it is noteworthy to recognize the recent move of Bangladeshi courts swaying in favor of a decision under the Law of Tort as highlighted in the landmark case of Catherine Masud vs Md. Kashed Miah and others[20] under section 128 of MVO 1983 as per the commentary of Naima Haider J which can be considered to be the starting point for the application of Tort Law[21] in Bangladeshi courts as per the judgement of Zinat Ara J and Kazi Md. Ejarul Haque Akondo J.[22] On 1st October, 2013, an application for transfer of both cases to the High Court Division was filed under Article 110 of the Constitution of the People’s Republic of Bangladesh,[23] which was granted, given the importance and possibility to set a precedent for future case law observed by Naima Haider J Prior to this, a criminal case under Section 304 of the Penal Code for reckless driving was filed.[24]
A decisive majority of road accident cases in Bangladesh are filed under criminal law filed against the party at fault, who tends to be the driver of the vehicle more often than not being prosecuted. However, there is no room for receiving compensation by the claimants under Criminal Law. Compensation remedies can be claimed under the jurisdiction of Civil Law of Vicarious Liability which must be done within a stipulated six months from the date of the accident occurring under section 128 of MVO 1983.[25]
A lesser known provision of the MVO1983 was that Section 111 read with Section 128 of the MVO 1983 of not only drivers being liable if they are at fault in an accident, in addition, the vehicle owner on paper and insurance company responsible for insuring the vehicle can be considered liable and responsible parties due to vicarious liability under civil law and claimants can sue them for monetary compensation. If proven guilty, the owner of the vehicle and the insurance company can be liable to pay compensation to the victim or victim’s family.[26] This was attempted in the case of K.M. HASANUZZAMAN VS. ABDUR RAB CHOWDHURY AND OTHERS[27] in 2010, however the claimant party remained silent when asked to name the company insuring their vehicle as required by MVO 1983[28] and subsequently A. B. M. Khairul Haque J dismissed the petition.[29]
As John Lowry and Alan Dignam says in their Company Law book, a human being is legal person who is subjected to their respective legal jurisdictions which not only imposes obligations on them but also confers rights to them.[30]
Vicarious liability arises when the employer can be held liable for the employee’s negligence which caused the said harm[31] (Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd).[32] However, in order to establish a successful vicarious liability claim, a three stage test must be established by the prosecution for a successful claim.[33] Firstly, the claimant counsel must establish there was an employer-employee relationship between the defendant and the person employing him/her (Various Claimants v Catholic Child Welfare Society and Others).[34] This has usually been established by looking onto the level of control the employer has over the employee.[35] Secondly, the act committed by the defendant[36] must be tortious[37].[38] And lastly, the tort in question must have been committed[39] in the course of the defendant’s[40] employment.[41] If these elements can be established, the prosecution can be considered to have established a prima facie case for a claim under vicarious liability under the law of tort.[42] The reasoning behind vicarious liability[43] is mostly because of the principle of “deep pockets”[44] of the employers which is the fact that it is the employers who have the means to pay the damages of the claimant in a tort case given the monetary nature of damages under the law of tort.[45]
This law in particular was highlighted in the Bangladesh jurisdiction in the case of Catherine Masud vs Md. Kashed Miah and others[46] with Zinat Ara J. ruling in favor of the claimant Catherine Masud being represented by Dr. Kamal Hossain and Sara Hossain in the High Court Appellate Division. This case is important as it lays the foundation for the law of tort in the context of future Bangladeshi cases which was previously not in practice despite the Bangladesh Legal System adopting an English Common Law system and other such commonwealth nations adopting the law of Tort in their legal system such as for example the Indian jurisdiction as highlighted by Naima Haider J. in her case commentary- another aspect which is seldom in practice by Bangladeshi courts.
Naima Haider J. further added that it was in her opinion that the time has come for Bangladeshi courts to review their stance on the Law of Tort and take into consideration whether this should be incorporated into Bangladeshi legal practice so that claims arising out of negligence scenarios[47] can be dealt with adequately- whether it is of medical or otherwise scenario.[48] Supporting this view, Dr. Kamal Hossain submitted that this view must be taken seriously otherwise there is a risk of social injustice occurring reasoning that if the courts do not recognize the importance of Duty of Care, and Standard of Care, they might not be able to determine instances of negligence in future cases echoing the legal maxim- “Justice delayed is justice denied” by British statesman of the Liberal Party William Ewart Gladstone.[49]
Legally, in the law of Tort, famous British academic Percy H Winfield defined negligence as the breach of a legal duty to take care by an act or omission that causes injury to another.[50]
It is noteworthy to consider the extent to which out courts adopt a tortuous approach to the law of negligence considering is established common law case related to negligent/reckless driving of Nettleship v Weston,[51] it was held that for example, a learner driver is expected to meet the same standard as a qualified, reasonable and competent driver should have which may seem unfair, however, in the greater public interest had been adopted as precedent for future cases.[52] This is in practice in a lot of common law jurisdictions.[53]
Following these historic case law developments, in August 2018, two teenage students- Diya Khanam Mim and Abdul Karim Rajib were run over by an accelerating bus which was in competition with another bus to reach the bus stop first in order to get the bulk of awaiting passengers on board- a common practice in Bangladesh.[54] What followed, stunned the elder generation of Bangladesh. The students took to the streets protesting the incident for over a week.[55] The students demonstrated just how hapless our road traffic system was.[56] They started managing the traffic on their own in a systematic way forcing the drivers to maintain their lanes, checking vehicle drivers for vehicle fitness and valid driving licenses all in a hope to show the government an example of what could be done and how dire the situation really was when the students started halting police and MP’s vehicles without proper vehicle fitness and their driver’s not having valid driving licenses. The highlight out of this protest was how the students managed to force the drivers to maintain the 3 lane system, reserving a lane for emergency services by the state.[57]
Currently, the latest guidance when it comes to Road Transportation Safety Law is from The Road Transport Act 2018. Since March 2017, the cabinet approved in principle the proposed legislation – Road Transport Act – but it remained shelved at the law ministry over a year for assessing despite resistance from transport owners and workers to a few of its provisions.[58]
Previously, the highest punishment for causing death by reckless/negligent driving was of 7 years jail term or a fine or both as per 304B of the Penal Code.[59]
Due to higher incidents of reckless driving, road transport safety campaigners have long demanded the government to increase the punishment to a minimum of 10 years for causing death to a person by reckless/negligent driving.[60]
The High Court observed in 2014 while scrapping the 1985 amendment which reduced the jail term from 7 years to 3 years via a writ petition, that reducing the jail term penalty of such offenses are disproportionate and unreasonable to the offence.[61]
Furthermore, the HC commented that by reducing the imprisonment term for driving related offences, the government is not assisting the people to be more careful while driving which is in breach of the ‘Right to life’ of the citizens which is ensured by the constitution under the provision of fundamental rights which is ultra-vires and illegal. In addition, the HC is of the opinion that 7 years imprisonment is not sufficient for a criminal act of causing the death of a person by reckless or negligent driving.[62]
The maximum punishment currently stands at 5 years imprisonment or fine or both. However, Section 304B of the Penal Code will not be applicable to try offenders for reckless driving, according to the act.[63]
Section 103 of the act states regardless of what the act pertains, if anyone suffers a serious injury or loss of life in a motor vehicle-related accident, it will be held as an offence under the relevant sections of the Penal Code, 1860.[64]
However, no matter what section 304B of the Penal Code contains, if anybody causes accident by reckless and negligent driving, and kills or injures someone severely, such person would face a maximum sentence of five years in jail or a fine or both. The offences that fall under section 103 of the act are non-bail able.[65]
As soon as the draft bill for this act was passed in parliament, it was followed by protests by transport workers nationwide holding a strike to ensure all driving related offenses were bail able, removal of the 5 lakh taka fine, and the requirement for drivers to have education till class-8 be reduced to class-5.[66] Law Minister Anisul Huq responded by stating these people did not know the new law properly and urged them to withdraw their strike reasoning that the new punishments by the act could not affect anyone if they did not commit an offence first.[67] These kind of pressure by transport workers and even some Bangladesh Road Transport Authority (BRTA) officials hampered the act from taking immediate effect and yet to go into effect as of mid-November 2015.[68]
Ironically enough, another act which was passed in parliament on the same day as the Road Transport Act 2018, namely the Digital Security Bill 2018[69] came into force immediately while Road Transportation Safety Act 2018 is still not being able to come into force.[70]
Despite this new development in this area of law, the BRTA authorities and law enforcement authorities will have to rely on the Motor Vehicle Ordinance 1983 until the new act- Road Transport Act 2018 comes into force.
In conclusion, there has been considerable criticism regarding this new act. One of the most significant one in my view is the fact that the fine of 5 lakh taka under the new act is very unreasonable and unrealistic to extract from the driver at fault. Furthermore, as Taqbir Huda, a research specialist at Bangladesh Legal Aid and Services Trust (BLAST) pointed out, the new act fails to hold the owner of the vehicles liable to pay the compensations which was a more realistic and attainable objective by the victim and the court as proven in the case of Catherine Masud vs. Md Kashed Miah[71] relying on section 128 of MVO 1983.[72] Considering Bangladesh follows a common law system, the provision of vicarious liability under Tort Law should have been an integral part of such laws when being drafted. This was observed when there was an application of transfer of the case to the high court commented upon by Naima Haider J about the importance and possibility to set a precedent for future case law observed by Naima Haider J despite case commentary not being a common practice in Bangladesh courts in Catherine Masud vs. Md Kashed Miah.[73]
While the new Road Transport Act 2018 has been criticized by academics,[74] prominent actor Elias Kanchon has been going publicly trying to raise awareness[75] with campaigns such as his “Nirapad Sharak Chai” (We want safe roads) campaigns which is gaining momentum thanks to social media.[76]
Ride sharing apps like Pathao, Uber are getting more popular but has been criticized for violating consumer’s privacy, this is another area the Road Transport Act 2018 has failed to regulate by not including any stringent law to keep them in a regulated system which I feel is important given their explosive growth and popularity in recent years. However, growth cannot come at an expense of their consumer’s privacy being violated.[77]
(2954 words)
Bibliography:-
Primary Sources:-
Legislations:-
Fatal Accidents Act 1855
Motor Vehicle Act 1939
East Pakistan Motor Vehicles Act 1939 (1947)
The Motor Vehicles Act 1939 (1972)
Motor Vehicle Ordinance 1983 (MVO 1983)
Road Transport Act 2018
Digital Security Act 2018
The Penal Code, 1860 (Act No. XLV of 1860).
Table of cases (Bangladesh):-
Bangladesh Beverage Industries Ltd v Rowshan Akhter and others 62 DLR (2010) 483
Catherine Masud vs. Md Kashed Miah 67 DLR 527
K.M. HASANUZZAMAN VS. ABDUR RAB CHOWDHURY AND OTHERS, VII ADC (2010) 437
Table of cases (UK):-
Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd [1947] HL
Various Claimants v Catholic Child Welfare Society and others [2012] SC
JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] at [72]
Mattis v Pollock (2003) 1 WLR 2158
Lister v Hesley Hall Ltd [2002] 1 AC 215
Standard Chartered Bank v. Pakistan National Shipping Corp [2002] UKHL 43
Nettleship v Weston [1971] 3 WLR 370 CA
Secondary Sources:-
Books:-
Kristy Horsey & Erika Rackley, ‘Tort Law’ (4th Edition OUP 2014)
Alan Dignam & John Lowry, ‘Company Law’ (10th Edition OUP 2018)
Winfield & Jolowicz, Winfield & Jolowicz on Tort (Sweet & Maxwell 18th Edition 2010)
Articles:-
Bangladesh Legal Aid and Services Trust (BLAST), www.blast.org.bd note to compensation for workplace deaths and injuries – 31 March 2014
Taqbir Huda, ‘Vicarious Liability of Employers in the Law of Tort: Deciphering Bangladesh Beverage Industries vs. Roswan Akhter and Others’ 16(2) (2016) Bangladesh Journal of Law
Richard Kidner, ‘Vicarious Liability: For whom should the “Employer be liable?” (1995) 15 LS 47
Robert Stevens, ‘Vicarious Liability or Vicarious Actions’ (2007) 123 LQR 30
Bruce Feldthusen, ‘Vicarious Liability for Sexual Abuse’ (2001) 9 Tort L Rev 173, 177
Paula Giliker, ‘Making the right connection: Vicarious Liability and Institutional Responsibility’ (2009) 17 Torts LJ 35,42-8
Morgan Philip, ‘Vicarious Liability on the move’ (2013) 129 LQR 139
Giliker, Paula ‘Vicarious liability “On the Move”: The English Supreme Court and Enterprise Liability’ (2013) 4 JETL 306
Suzy Platt (ed.). Entry 954. William Ewart Gladstone (1809–98)
Maurice Sheldon Amos, ‘The Common Law and the Civil Law in the British Commonwealth of Nations’ (Harvard Law Review Vol. 50, No. 8 (June 1937), pp. 1249-1274)’
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<http://www.theindependentbd.com/arcprint/details/157331/2018-07-11> Accessed 21st November 2018
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<https://www.thedailystar.net/country/government-okays-new-road-transport-act-2018-maximum-five-years-jail-1616659> Accessed on 21th November 2018
Shakhawat Liton and Tuhin Shubhra Adhikary, ‘Causing Death by Rash Driving: Maximum 5 years’ jail’ <https://www.thedailystar.net/country/government-okays-new-road-transport-act-2018-maximum-five-years-jail-1616659> Accessed on 21th November 2018
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Rashidul Hasan, ‘Digital Security Bill passed’ < https://www.thedailystar.net/politics/bangladesh-jatiya-sangsad-passes-digital-security-bill-2018-amid-concerns-journalists-1636114> Accessed on 22nd November 2018
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[1] Shafqat Aziz, is final year law student pursuing his LL. B from BPP University (UK) via a distance learning program from London College of Legal Studies (South), Dhaka (Bangladesh).
[2] Catherine Masud vs. Md Kashed Miah 67 DLR 527
[3] (year when the first motor vehicle was commercially produced)
[4] Clean Air and Sustainable Environment (CASE) Project
Dhaka Transport Coordination Board (DTCB), ‘DRAFT PROPOSED ROAD TRANSPORT AND TRAFFIC ACT, 2011’ at Ex-1
[5] Star Online Report, ‘They don’t know the law properly: Law minister’ < https://www.thedailystar.net/country/transport-worker-dont-know-road-transport-act-2018-properly-law-minister-1652944> Accessed on 21st November.
[6] Md. Zahidul Islam, ‘The challenges for safe roads in Bangladesh’,
http://www.theindependentbd.com/arcprint/details/157331/2018-07-11 Accessed 5th November 2018
[7] World Population Review, ‘Bangladesh Population 2018’ <http://worldpopulationreview.com/countries/bangladesh-population/> Accessed on 2nd November 2018
[8] Bss, Dhaka, ‘PMO issues directives on road safety’ < https://www.thedailystar.net/news/frontpage/pmo-issues-directives-road-safety-1622398 > Accessed on 2nd November 2018
[9] Md Saidun Nabi, ‘Dhaka loses 3.2m working hours to traffic congestion daily’ <https://www.dhakatribune.com/bangladesh/dhaka/2018/07/05/dhaka-loses-3-2m-working-hours-to-traffic-congestion-daily> Accessed on 7th November 2018
[10] Tribune Desk, ‘Study: Dhaka traffic wastes 5 million work hours, costs Tk37,000 crore’ <https://www.dhakatribune.com/bangladesh/dhaka/2018/05/20/study-dhaka-traffic-wastes-5-million-work-hours-costs-tk37-000-crore> Accessed on 8th November 2018
[11] Staff Correspondent, ‘Preventing Road Crashes: PM gives a set of directives’ <https://www.thedailystar.net/frontpage/preventing-road-crashes-pm-gives-set-directives-1595419> Accessed on 9th November 2018
[12] Staff Correspondent, ‘Preventing Road Crashes: PM gives a set of directives’ <https://www.thedailystar.net/frontpage/preventing-road-crashes-pm-gives-set-directives-1595419> Accessed on 9th November 2018
[14] Star Report, ‘2 students killed, 7 injured in Airport Road accident’ <https://www.thedailystar.net/city/angry-mob-sets-bus-ablaze-it-runs-over-youth-one-killed-dhaka-road-accident-1615435> Accessed on 2nd November 2018
[15] Motor Vehicle Ordinance 1983 (Section 128)
[16] Bangladesh Legal Aid and Services Trust (BLAST), www.blast.org.bd note to compensation for workplace deaths and injuries – 31 March 2014
[17] Bangladesh Legal Aid and Services Trust (BLAST), www.blast.org.bd note to compensation for workplace deaths and injuries – 31 March 2014
[18] Bangladesh Beverage Industries Ltd v Rowshan Akhter and others 62 DLR (2010) 483
[19] Taqbir Huda, ‘Vicarious Liability of Employers in the Law of Tort: Deciphering Bangladesh Beverage Industries vs. Roswan Akhter and Others’ 16(2) (2016) Bangladesh Journal of Law
[20] Catherine Masud vs. Md Kashed Miah 67 DLR 527
[21] Khan Khalid Adnan, ‘ASSESSING TORT CLAIMS: Relevance of Catherine Masud case’ < https://www.thedailystar.net/law-our-rights/assessing-tort-claims-1613473> Accessed on 27th November 2018
[22] Catherine Masud and Ors. v Md. Kashed Miah and Ors. 70 DLR (2018) 349/ LEX/BDHC/0166/2017
[23] THE CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH
[24] Staff Correspondent, ‘Pay Tareque Masud’s family Tk 4.61cr’ < https://www.thedailystar.net/frontpage/landmark-verdict-road-crash-death-1499737> Accessed on 28th November 2018
[25] Motor Vehicle Ordinance 1983
[26] Motor Vehicle Ordinance 1983, S.128
[27] K.M. HASANUZZAMAN VS. ABDUR RAB CHOWDHURY AND OTHERS, VII ADC (2010) 437
[28] Motor Vehicle Ordinance 1983 (CHAPTER IX-
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS)
[29] K.M. HASANUZZAMAN VS. ABDUR RAB CHOWDHURY AND OTHERS, VII ADC (2010) 437
[30] Alan Dignam & John Lowry, ‘Company Law’ (10th Edition OUP 2018) 14
[31] Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd [1947] HL
[32] Mersey Docks and Harbour Board v Coggins and Griffith (Liverpool) Ltd [1947] HL
[33] Richard Kidner, ‘Vicarious Liability: For whom should the “Employer be liable?” (1995) 15 LS 47
[34] Various Claimants v Catholic Child Welfare Society and Others [2012] SC
[35] JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] at [72]
[36] Majrowski v Guy’s and St Thomas’s NHS Trust [2006] HL
[37] Robert Stevens, ‘Vicarious Liability or Vicarious Actions’ (2007) 123 LQR 30
[38] Mattis v Pollock (2003) 1 WLR 2158
[39] Bruce Feldthusen, ‘Vicarious Liability for Sexual Abuse’ (2001) 9 Tort L Rev 173, 177
[40] Paula Giliker, ‘Making the right connection: Vicarious Liability and Institutional Responsibility’ (2009) 17 Torts LJ 35,42-8
[41] Lister v Hesley Hall Ltd [2002] 1 AC 215
[42] Morgan Philip, ‘Vicarious Liability on the move’ (2013) 129 LQR 139
[43] Giliker, Paula ‘Vicarious liability “On the Move”: The English Supreme Court and Enterprise Liability’(2013) 4 JETL 306
[44] Kristy Horsey & Erika Rackley, ‘Tort Law’ (4th Edition OUP 2014) 587
[45] Standard Chartered Bank v. Pakistan National Shipping Corp [2002] UKHL 43
[46] Catherine Masud vs. Md Kashed Miah 67 DLR 527
[47] Global Status Report on Road Safety 2015, World Health Organisation, Management of Noncommunicable Diseases, Disability,Violence and Injury Prevention (NVI) (Geneva, Switzerland) at p. 90 Global Status Report on Road Safety 2015, World Health Organisation, Management of Noncommunicable Diseases, Disability,Violence and Injury Prevention (NVI) (Geneva, Switzerland) <http://www.who.int/violence_injury_ prevention/ road_safety_status/2015/en> Accessed on 15 December 2016
[48] Catherine Masud vs. Md Kashed Miah 67 DLR 527
[49] Suzy Platt (ed.). Entry 954. William Ewart Gladstone (1809–98)
[50] Winfield & Jolowicz, Winfield & Jolowicz on Tort (Sweet & Maxwell 18th Edition 2010) 51
[51] Nettleship v Weston [1971] 3 WLR 370 CA
[52] Nettleship v Weston [1971] 2 QB 691
[53] Maurice Sheldon Amos, ‘The Common Law and the Civil Law in the British Commonwealth of Nations’ (Harvard Law Review Vol. 50, No. 8 (June 1937), pp. 1249-1274)’
[54] Taqbir Huda, ‘The problem with the Road Transport Act’ < https://www.thedailystar.net/opinion/law/news/the-problem-the-road-transport-act-1658386> Accessed on 15th November 2018
[55] AL JAZEERA AND NEWS AGENCIES, ‘Bangladesh: Mass student protests after deadly road accident’ < https://www.aljazeera.com/news/2018/08/bangladesh-mass-student-protests-deadly-road-accident-180802174519088.html> Accessed on 14th November 2018
[56] Star Online Report, ‘Students take to streets, control traffic for 7th day’ < https://www.thedailystar.net/city/movement-for-safe-roads-in-bangladesh-students-take-streets-7th-day-controlling-traffic-1615810> Accessed on 14th November 2018
[57] Bilkis Irani , Afrose Jahan Chaity, ‘Students continue protest in Dhaka’ < https://www.dhakatribune.com/bangladesh/dhaka/2018/08/03/students-continue-protest-in-dhaka> Accessed on 14th November 2018
[58] Shakhawat Liton and Tuhin Shubhra Adhikary, ‘Causing Death by Rash Driving: Maximum 5 years’ jail’ < https://www.thedailystar.net/country/government-okays-new-road-transport-act-2018-maximum-five-years-jail-1616659 > Accessed on 12th November 2018
[59] The Penal Code, 1860 (Act No. XLV of 1860).
[60] Md. Zahidul Islam, ‘The challenges for safe roads in Bangladesh’,
<http://www.theindependentbd.com/arcprint/details/157331/2018-07-11> Accessed 21st November 2018
[61] Shakhawat Liton and Tuhin Shubhra Adhikary, ‘Causing Death by Rash Driving: Maximum 5 years’ jail’
<https://www.thedailystar.net/country/government-okays-new-road-transport-act-2018-maximum-five-years-jail-1616659> Accessed on 21th November 2018 >
[62] Shakhawat Liton and Tuhin Shubhra Adhikary, ‘Causing Death by Rash Driving: Maximum 5 years’ jail’ <https://www.thedailystar.net/country/government-okays-new-road-transport-act-2018-maximum-five-years-jail-1616659> Accessed on 21th November 2018
[63] Road Transport Act 2018
[64] Road Transport Act 2018
[65] Road Transport Act 2018
[66] Tuhin Shubhra Adhikary, ‘Road Transport Act 2018: Not in force yet’ <https://www.thedailystar.net/backpage/news/road-transport-act-2018-not-force-yet-1660744> Accessed on 21st November 2018
[67] Star Online Report, ‘they don’t know the law properly: Law minister’ < https://www.thedailystar.net/country/transport-worker-dont-know-road-transport-act-2018-properly-law-minister-1652944> Accessed on 21st November.
[68] Tuhin Shubhra Adhikary, ‘Road Transport Act 2018: Not in force yet’ < https://www.thedailystar.net/backpage/news/road-transport-act-2018-not-force-yet-1660744> Accessed on 21st November 2018
[69] Digital Security Act 2018
[70] Rashidul Hasan, ‘Digital Security Bill passed’ < https://www.thedailystar.net/politics/bangladesh-jatiya-sangsad-passes-digital-security-bill-2018-amid-concerns-journalists-1636114> Accessed on 22nd November 2018
[71] Catherine Masud vs. Md Kashed Miah 67 DLR 527
[72] Taqbir Huda, ‘The problem with the Road Transport Act’ < https://www.thedailystar.net/opinion/law/news/the-problem-the-road-transport-act-1658386> Accessed on 15th November 2018
[73] Catherine Masud vs. Md Kashed Miah 67 DLR 527
[74] Taqbir Huda, ‘The problem with the Road Transport Act’< https://www.thedailystar.net/opinion/law/news/the-problem-the-road-transport-act-1658386> Accessed on 15th November 2018
[75] Nahid Riyasad, ‘No one deserves to die in road accidents’ < http://www.newagebd.net/article/30630/no-one-deserves-to-die-in-road-accidents> Accessed on 28th November 2018
[76] Showtime Desk, ‘Ilias Kanchan’s Nirapad Sharak Chai starts month long campaign on road safety’ < https://www.dhakatribune.com/showtime/2018/10/07/ilias-kanchan-s-nirapad-sharak-chai-starts-month-long-campaign-on-road-safety> Accessed on 28th November 2018
[77] FAISAL MAHMUD, ‘Dhaka ride-sharing app accused of ‘stealing users’ phone data’ < http://www.atimes.com/article/dhaka-ride-sharing-app-accused-of-storing-users-phone-data/> Accessed on 29th November 2018