Watch your back!

Court asked to ban the law exempting side mirrors on motorcycles

Karachi: Recently, three concerned citizens filed a petition in the Sindh High Court criticising a provincial law that grants exemption to motorcyclists from installing side mirrors on their motorbikes; citing the examples of other countries where these mirrors are mandatory by law.

The ‘mirror’ rule of Sindh motor vehicle ordinance 1965 says that ‘every vehicle must be fitted externally, and every other motor vehicle except a ‘motorcycle’ shall be fitted either internally or externally with a mirror to make the driver aware of the presence of any vehicle in the rear.’

There have been countless occasions of minor or major accidents in which motorcycles were found to be without side mirrors, the petitioners stated. Motorcycles constitute 74 per cent of the total vehicles registered in Pakistan in the last ten years, according to research published by the United Kingdom’s Journal of Advanced Transportation in 2021. It is the responsibility of the Sindh government to enforce the rules through the secretaries of transport and home departments.

Quoting from a recent study involving around one hundred and fifty patients of motorcycle accidents being treated in Civil Hospital, the petitioners point out that around 77.5 per cent of bikers did not have side mirrors on their motorcycles.

In terms of the current socio-economic status of Pakistan, the majority of the population prefers using motorcycles as being affordable and convenient and a more reliable option as compared to the otherwise inadequate public transport system. The primary user of motorcycles is the youth, of which approximately 64 per cent of the population is under the age of 30 years.

Quoting statistics compiled by the Pakistan Automotive and Manufacturing Association, the petitioners point out that almost 2 million new motorcycles are sold in Pakistan every year whereas, the corresponding number of total motorcars is only around 200,000.

Around 7,500 motorcycles hit the roads in Pakistan every day, as compared to 550 cars, creating a ratio of 15:1. Amid growing population and booming demand for two-wheelers in years to come, motorcycles without side mirrors pose a bigger threat to life on streets. The petitioners maintain that under the exemption in rule 156, a common but life-endangering practice has become prevalent that the owners dispose of the side mirrors after purchasing a motorbike. Motorcycles are then for the rest of their operative lifespan maintained, driven on public roads and sold without having any side mirrors or rear-facing mirrors of any kind; enabling visibility to the driver of the rear.

This practice, the petitioners plead, has adverse consequences and renders a rider incapable of controlling the motorcycle effectively. It also makes them unable to comply with driving regulations. The petitioners explain without side mirrors, no driver of a motorcycle could reasonably be aware of vehicles or pedestrians at the back. Left or right turns are taken blindly and even brakes are applied without considering that any vehicle could be at risk of collision from the back.

All drivers of two-wheeled motorcycles are required to wear crash helmets. However, the helmet design further restricts the field of vision of motorcyclists, making them even less aware of their surroundings, especially the rear, the petitioners stated.

The only way that a driver of a motorcycle would be able to view the rear without side mirrors and while wearing a crash helmet as required by the ordinance, would be to turn his head more than 90 degrees, resulting in major imbalances in the bike, which often leads to falls and fatal accidents. Helmets by their nature, only help in reducing the harm after an accident has already occurred; whereas side mirrors help to prevent the accident from occurring in the first place.

Lack of side mirrors as a result of the exemption in the rule is not only dangerous to owners and drivers of motorcycles but also creates a major risk to other road users and pedestrians along with the potential of damage to property, say the petitioners

According to them the importance of the field of vision and side mirrors for drivers of motorcycles has been emphasised in numerous professional and institutional studies. Many countries around the world have recognised the need for side mirrors on motorcycles and hence incorporate positive obligations to maintain the same in their legislation.

The petitioners sought the court to declare Rule 156 of the Ordinance to the extent of exemption granted to a motorcycle as ‘illegal’ and have no legal effect and all motorcycles in Sindh are required to be manufactured and maintained with adequate side mirrors to ensure the adequate vision of the rear. The petitioners also court directions for the Sindh Government and its relevant departments for taking appropriate steps to ensure that all motorcycles in Sindh are maintained with adequate side/rear-facing mirrors. A two-member bench headed by Chief Justice Ahmed Ali M Shaikh has ordered the personal attendance of the provincial secretary of transport, on December 5 to reply to the points raised in the petition.