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Who Polices The Police?

Feature Article Who Polices The Police?
JAN 2, 2017 LISTEN

The supreme law of Ghana which is the Constitution guarantees equal rights and privileges to citizens. Regardless of the position you hold in the country you can never be above the constitution. Aside the consistution there are other rules or better still bye laws that governs the various institutions like the fire service, prisons service , police service just to name a few In the country . Such laws are made to regulate the attitude and/or behavior of their workers.

Police Laws however are those laws dealing with the regulation and code of conduct of law enforcement officials. Regulation 14 of the ROAD TRAFFIC OFFENCES REGULATIONS, 1974 (LI 952) states that:

"Regulation 14—Police Traffic Control. Every driver shall on approaching a police officer on traffic control duty on any road give an appropriate signal to him, and shall not make a turn or proceed along a road or cross a road until the police officer has signalled for him to do so".

Of course, having been granted these privileges, it is important for society to closely monitor those who exercise these powers.

Our society has had enough of the hypocrisy of the police administration. Most police officials on duty and off duty flout road traffic regulation day in and out . One of these disturbing/frustrating incidents is seeing a policeman sitting on a motor bicycle without helmet and a number plate .

Accra has fallen prey to misconduct and unfortunately those whose role it is to maintain order are the very people who are caught up in this misconduct.

If we consistently turn a blind eye on this misconduct, our society will one day suffer from it. Unless it's an emergency there's just no excuse. They are subject to the same traffic laws as everyone else, and they're supposed to be setting an example.This seems to be a burden to some motorist who go through the frustration of adjusting their cars. "They always try to find their way through traffic" was the comments by Daniel a driver.

Are the police above the law precisely road traffic regulation?

Lot a time you see police car on the street of Accra breaking common traffic laws. Speeding, not coming to complete stops at stop signs, running reds, etc. They don't have sirens on and clearly aren't in pursuit of anyone or heading to a crime scene. Yet they happily pull over others for doing the same thing.

Per the privileges conferred unto the police administration by the constitution and any other law, the policemen on street are not above the law. The issue now is who "polices the police"?.

Police forces are usually considered to be non-military organizations that operate under the authority of the government.

If that is the case then a simple logical modus ponens will tell us that " government is under the constitution. If the police is under the operation of the government . Therefore, the police is under the constitution". It however, looks like the government has lost track of police misconduct in the country simply because of the bogus perception created that the police administration is an autonomous body . It's incumbent on the government to find a lasting solution to this misconduct. The watchman must be watched .

Below are some of the road and traffic regulations.

PART I—LICENSING
Regulation 1—Driving Licence.
No person shall drive a motor vehicle on a road unless he holds a valid professional, private or learner driver's licence authorising him to drive that class of motor vehicle.

Regulation 2—Taxi and Passenger Lorry Licence.

(1) No person shall drive a taxi or passenger lorry on a road unless the taxi or passenger lorry licence issued in respect of that vehicle is carried on the vehicle.

(2) The driver of a taxi or passenger lorry shall produce the taxi or passenger lorry licence issued in respect of that vehicle for inspection at the request of any police officer in uniform.

Regulation 3—Road Worthiness Certificate.

No person shall drive a motor vehicle unless a valid certificate of roadworthiness is carried on the vehicle.

Regulation 4—Number Plates.
(1) No person shall drive a motor vehicle unless the vehicle carries two reflective number plates one at the front and the other at the rear.

(2) No person shall drive a motor vehicle if any part of its number plate is missing or in any way damaged or obscured.

Regulation 5—L Plates.
No learner driver shall drive a motor vehicle unless the vehicle carries two learner's plates or discs displaying the letter L, in a position where they are easily visible, one at the front and the other at the rear.

Regulation 6—Marks on Commercial Vehicles.

The name and registered address of the owner of a commercial vehicle shall be painted and maintained at all times in a legible condition on the near side of the vehicle so as to be clearly visible to a person standing beside the vehicle.

PART II—USE OF VEHICLES
Regulation 7—Opening Doors.
(1) No person shall open any door of a motor vehicle while that vehicle is in motion.

(2) No person shall open or leave open any door of a motor vehicle (whether the vehicle is stationary or in motion) so as to endanger any other road user or pedestrian.

Regulation 8—Alighting.
(1) No person shall alight from a motor vehicle while that vehicle is in motion.

(2) No person shall alight from a stationary motor vehicle so as to endanger any road user.

Regulation 9—Reversing.
No person shall drive a motor vehicle backwards further than may be necessary for turning or some other reasonable purpose.

Regulation 10—Obstruction.
No person shall obstruct or permit any motor vehicle to obstruct the free movement of any traffic on a road, whether by parking, standing, loitering or in any other manner.

Regulation 11—Parking and Stopping.
(1) No person shall park a motor vehicle on a road or pavement within fifty feet of a no parking sign prescribed by Road Traffic Regulations:

Provided that (subject to any other applicable road traffic restriction) a vehicle may be parked on the opposite side of the road to the no parking sign.

(2) No person shall park a motor vehicle on a road abreast of another motor vehicle.

(3) No person shall park or stop a motor vehicle within thirty feet of a junction.

(4) No person shall park or stop a motor vehicle on a pedestrian crossing or railway crossing.

(5) No person shall park or stop a motor vehicle close to the crest of a hill or on a bend where visibility is not sufficient for the parked vehicle to be overtaken in complete safety.

Regulation 12—Traffic Signs.
(1) No person shall contravene a prohibitory road sign prescribed by Road Traffic Regulations which indicates no right turn, no left turn, no U-turn, no overtaking, no entry, no hooting, no stopping or no waiting.

(2) No person shall contravene a mandatory road sign prescribed by Road Traffic Regulations which requires him to stop, give way, keep left, keep right, turn left, turn right, observe one way traffic or give priority to approaching traffic.

Regulation 13—Traffic Lights.
(1) No driver shall proceed past traffic light signs when the amber light is showing unless when that light first appears after the green light has shown the speed of the vehicle and its distance from the signs are such that it cannot safely be stopped before passing the signs.

(2) No driver shall proceed past traffic light signs when the red light is showing whether or not the amber light is also showing.

Regulation 14—Police Traffic Control.
Every driver shall on approaching a police officer on traffic control duty on any road give an appropriate signal to him, and shall not make a turn or proceed along a road or cross a road until the police officer has signalled for him to do so.

Regulation 15—Speeding.
(1) No person shall drive any motor vehicle in any place at a speed exceeding that prescribed by any sign lawfully erected.

(2) Where in a city, town or village no speed limit is prescribed by any sign lawfully erected, no person shall drive any motor vehicle at a speed exceeding 30 miles per hour.

(3) No person shall drive a timber truck at a speed exceeding 30 miles per hour, or 20 miles per hour if the timber truck has two or more trailers.

(4) No person shall drive an omnibus or passenger lorry outside a city, town or village at a speed exceeding 40 miles per hour, unless otherwise permitted by any sign lawfully erected on a motorway.

(5) No person shall drive a commercial vehicle carrying freight ( other than a timber truck) at a speed exceeding —

(a) 20 miles per hour, if it has two or more trailers;

(b) 30 miles per hour, if it has one trailer; or
(c) 40 miles per hour, if it has no trailer.
Regulation 16—Insecure Loads.
(1) No person shall drive a motor vehicle or trailer with a load or covering which is insecurely fastened or which becomes loose or detached or in any manner becomes a hazard to other road users.

(2) No person shall drive a motor vehicle or trailer with a load which drops, sifts or leaks on to the road.

Regulation 17—Overcrowding Front Seat.

(1) No driver shall, on a right-hand steering controlled vehicle, permit any person to sit or stand on the right side of the driver, or more than two persons on the left side of the driver.

(2) No driver shall, on a left-hand steering controlled vehicle, permit any person to sit or stand on the left side of the driver, or persons on the right side of the driver.

Regulation 18—Riding Outside Vehicle.
No person shall ride on the wing, running boards, fenders, bonnet, steps or tail-board of a motor vehicle or trailer.

Regulation 19—Motor Cycles.
(1) No person (whether the driver or a passenger) shall ride on a motor cycle unless he is wearing a crash helmet.

(2) No person (whether the driver or a passenger) shall ride on a motor cycle unless he is sitting astride the cycle.

Regulation 20—Bicycle Passengers.
No person shall whilst riding a bicycle on a road in any city or town carry another person on any part of the bicycle.

Regulation 21—Unattended Vehicles.
(1) No driver shall leave a vehicle unattended on any road with the engine running.

(2) No driver shall leave a vehicle unattended on any road without having taken due precautions against its being started in his absence.

PART III—CONSTRUCTION OF VEHICLES
Regulation 22—Vehicles in Dangerous Condition.

No person shall drive a motor vehicle or trailer if that motor vehicle or trailer or any part or accessory thereof is in such a condition as to cause or to be likely to cause danger to any person therein or to any road user or to any property on or adjoining the road.

Regulation 23—Speedometer.
No person shall drive a motor vehicle without a speedometer,or with a damaged, defective or inoperative speedometer.

Regulation 24—Brake Lights.
No person shall drive a motor vehicle without a brake light,or with a damaged, defective or inoperative brake light.

Regulation 25—Indicators.
No person shall drive a motor vehicle without at least two direction indicators, or with a damaged, defective or inoperative indicator.

Regulation 26—Headlamps.
No person shall drive a motor vehicle without headlamps, or with a damaged, defective or inoperative headlamp.

Regulation 27—Windscreen Wipers .
No person shall drive a motor vehicle fitted with a front glass windscreen if it has no windscreen wiper, or if it has a damaged, defective or inoperative windscreen wiper.

Regulation 28—Mirrors.
No person shall drive a motor vehicle without a driving mirror, or with a damaged, defective or inoperative driving mirror.

Regulation 29—Shock Absorbers.
No person shall drive a motor vehicle (other than a motorcycle) without shock absorbers, or with shock absorbers which are damaged or inoperative.

Regulation 30—Tyres.
No person shall drive a motor vehicle or trailer if any of its tyres is so worn as to show any part of the canvas of the tyre.

Regulation 31—Spare Tyre.
No person shall drive a motor vehicle unless there is carried on the vehicle a spare inflated tyre fixed to a rim or spare wheel.

Regulation 32—Silencer.
No person shall drive a motor vehicle with an inefficient silencer, or with a cut out or open exhaust.

Regulation 33—Exhaust Fumes.
No person shall drive a motor vehicle which emits exhaust fumes in such quantities as to be a hazard or annoyance to road users or pedestrians.

Regulation 34—Bicycle Brake, Light and Bell.

No person shall ride a bicycle which is not fitted with an efficient brake, light and bell.

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