THE
USE OF VEHICLE SIRENS IN GHANA
Introduction
In
time past, the use of sirens was rare and was mainly known among some few classes
of vehicles namely ambulances of hospitals or clinics when on its way to save
lives or among the police when patrolling or on their way to a danger zone or
by the fire services when they are called upon to rescue lives and properties.
In recent times, one cannot conclude immediately on hearing a siren to be of
any of the vehicles mentioned above. This is because private persons including
government officials such as ministers, Members of Parliament, in attempt to
evade traffic particularly in the big cities like Accra install sirens on their
vehicles. We can say that to some people, the use of siren is accorded with
prestige. This is seriously abused by the high-profile personalities in our
society. Should everybody be allowed to
use sirens? If the use of sirens are not properly checked and controlled in
Ghana, it will lose its essence, and the consequence of this is that those
class of vehicles that ought to use them to save lives and properties may not
be given way by other road users when even the blow them.
This
article focuses on the use of sirens in vehicles in Ghana. The rest of the
article focuses on democracy and the right of every motorist to use sirens,
brief history of sirens, the Legal Regulations Governing the use of sirens in
Ghana, the current state of the use of sirens in Ghana, whether Hearses are
permitted to use sirens, and finally draws conclusion on the subject matter.
Does
Democracy mean the right of every motorist to use sirens?
In
every democratic state, the principle of Rule of Law is a crucial feature. The
tenents of Rule of Law requires that only the law is supreme and above
everybody, all others are equal before the law and that there is protection of
fundamental rights and liberties of the individual (Albert Von Dicey). This
presupposes that it is only the law that is superior and inviolable. And the
principle of equality before the law means that everybody regardless of race,
ethnicity, religion etc are equal before the law. Everybody is entitled to be
treated fairly before the law. Unless otherwise provided by law, punishment or
prohibition by law regarding certain conducts must be same and applicable to
all persons. This is clearly provided for by Clauses 1 to 3 of Article 17 of
the 1992 Constitution of Ghana. Which provides that;
(1) “All
persons shall be equal before the law
(2) A
person shall not be discriminated against on grounds of gender, race, colour,
ethnic origin, religion, creed or social or economic status.
(3) For
the purpose of this article, “discriminate” means to give different treatment
to different persons attributable only or mainly to their respective
descriptions by race, place of origin, political opinions, colour, gender,
occupation, religion or creed, whereby persons of one description are subjected
to disabilities or restrictions to which persons of another description which
are not granted of persons of another are not made subject or are granted
privileges or advantages which are not granted to persons of another
description”.
The
extent to which this principle is adopted and deepened in our democracy is
subject to debate. Can the use of sirens by certain classes of persons
undermine the principle of equality before the law? The answer is not
straightforward. Where sirens are used indiscriminately by any unauthorized
persons then it amounts to a breach of the principle of “equality before the
law” whilst a strict compliance with Regulation 74 of LI 2180 is deemed to be just
since the classes of vehicles permitted to use sirens are not on the bases of
the status of the users of the vehicles but on the bases of the special use to
which those vehicles have been designated to perform. The illegal installation
and use of sirens are unacceptable and must be condemned by everybody. The installation
and use of siren exist for only designated classes of vehicles. Accordingly,
the use of the siren is not a privilege for all motorist.
Brief
History of Sirens
Sirens according to the Oxford Languages is “a
device that makes a loud prolonged signal or warning sound”. It is
mostly used by ambulances, the Head of State and State Security such as the police
to signal other road users to give way for others to attend to emergency
situations or a danger. The word is originated from Greek which symbolized the
dangers that sailors faced at sea. Among the Greeks and Romans, Siren was
believed to be any group of female and partly human creatures in Greek
mythology that lured mariners to destruction by their singing. Subsequently in
the middle ages, the Sirens came to be associated with lust and the danger of
temptation. In modern days the siren is
used as a loud signal or warning sound to warn others to give way.
The
Legal Regulations Governing the Use of Sirens in Ghana.
There
is restriction on the use of sirens in Ghana. The Road Traffic Act, (Act 683)
is the main law that guides traffic and road use in the country. This is
supplemented by the Road Traffic Regulation 2012 (LI 2180) which regulates the
use of sirens. Regulation 74 (2) (3) of the LI provides that;
“(2) A person shall not fit on a motor vehicle a warning
appliance other than a type approved by the Licensing Authority”. The use of sirens as warning appliances which
is limited to the following classes of vehicles:
(a) a government
vehicle used for official purposes by the Head of State;
(b) a Police
vehicle;
(c) a motor
vehicle used by the fire service;
(d) a motor
vehicle used as an ambulance by a hospital or clinic;
(e) a motor vehicle used by other recognized Government security
agencies; and
(f) a bullion
vehicle registered by the Licensing Authority”.
A
person who breaches the above provisions commits an offence and will be liable
on summary conviction to a fine of not more than twenty-five penalty units or
to a term of imprisonment of not more than thirty days or to both
(Sub-regulation 4).
The
Current State of Use of Sirens in Ghana
In
recent times, some high-profile personalities and other government officials
(for instance Members of Parliament, Clergymen, Heads of Large Corporate
entities and among others) are also cruising in private vehicles with sirens
installed in them. These persons basically use the sirens purposely to evade
traffic with ease in the cities. This then begs the question, where are the
regulatory authorities who are supposed to ensure the enforcement of the
regulation? It thus seems to me that people flaunt the law due to three
reasons; first, no strict enforcement of the law; second, the punishment is not
deterrent enough and lastly, citizens indirectly supporting it by giving way to
those unlawful users. Upsurge in the
use of sirens by unauthorized road users (mostly V8 users) has contributed to
some drivers failing to heed and give way for Ambulances even on their sirens.
This is so because, citizens no longer know the difference between the
ambulance and the ordinary cars using the sirens.
In
any case, government officials on urgent official duty may require police
escort which has the siren privilege to lead it through the traffic. The
government official vehicle does not fall under the category of vehicles with
the privilege to use siren. The law is very clear on the classes of vehicles
entitled to install and use sirens. The purpose for the creation of these
classes of vehicles by the Road Traffic Regulation was based on the special use
designated to those vehicles and not on the bases of the statuses of the
passengers of the vehicles. Private vehicles, regardless of who they are owned
by, do not form part of the classes of vehicles entitled to install and use sirens
in them. Flowing from above, it is therefore unlawful for such private vehicles
to have sirens install in them in the first place let alone to use them.
Are
Hearses Permitted to Use Sirens?
Hearses
are used for conveying mortal remains of deceased persons during funeral rites.
The use is not in any way an emergency and as such do not form part of the classes
of vehicles with the right to use sirens. Most hearses use sirens to get
through traffic though not sanction by law. It is arguable to note that the use
of the sirens by the hearse to some people is a means of paying last respect to
the dead and to avoid delays in its funeral or burial. Let me re state clearly
that for a driver of any vehicle to use siren, it must be one prescribed by the
Road Traffic Act or Regulation (LI 2180). Hearse though sometimes may also look
like an ambulance, has a different purpose which is not part of the classes of
vehicles entitled to install and use sirens.
It
can therefore be concluded that the use of sirens by hearses is unlawful act
which ought to be condemned.
Conclusions
and Recommendations.
The
unfortunate rise in the use of sirens in disregard to the law exist because of
the failure of the appropriate bodies to enforce the law and second, public
endorsement of the act. The public silently give way to such people who blow
sirens when in actual fact are not entitled to use sirens. But one can
understand the intricacies in enforcing the law when those who ought to enforce
it, or those who made the law are blatantly breaching it. In this circumstance, the police alone may not
be able to stop these acts because of the involvement of the seemingly so-called
untouchable “big men” in society.
I
recommend that the police and DVLA to ensure strict compliance with the
regulation. I also entreat the NCCE, Police and DVLA to carry out public
education on Regulation 74 of the Road Traffic Regulation 2012 (L.I. 2180) and
the consequences of a breach. The public should support the law enforcement
bodies to ensure compliance with the law, and not give way to unauthorized
vehicles that use sirens. With the above, it is my view that the incidence of inappropriate
use of sirens by unauthorized persons will be minimized.
ALBERT
AGOABEY ANAMOGSI
BARRISTER
AND SOLICITOR AT THE SUPREME COURT OF GHANA
RINGWAY
LAW OFFICE
ADABRAKA
agoabey@gmail.com
