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; one 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 16 000 15 500 15 000 14 500 14 000 13 500 13 000 2005- 2006 - 2007 - 2008 - 2009 - 2010 - 2011 - 2006 2007 2008 2009 2010 2011 2012 Fatalities 14 317 15 515 14 627 13 707 13 923 13 802 13 932
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 TOTAL 1261 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.
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