Is sending errant moto riders to jail the best option?

I am willing to bet a few francs that every single Kigali driver has a favourite ‘Why I hate taxi motos story’. This is mine. Driving home from town around one in the morning a few years ago I saw a taxi moto, with a passenger, waiting to turn onto the road heading to town at the Cadillac intersection.

Tuesday, January 21, 2014
Sunny Ntayombya

I am willing to bet a few francs that every single Kigali driver has a favourite ‘Why I hate taxi motos story’. This is mine. Driving home from town around one in the morning a few years ago I saw a taxi moto, with a passenger, waiting to turn onto the road heading to town at the Cadillac intersection.The moto rider saw my fast approaching car, paused, and then on the spur of the moment, attempted to make a break for it. I still do not know whether he was mentally unstable, drunk or high on something, but I can still remember the sinking feeling in my stomach as I realised that he was actually riding smack into my 4x4.My instincts kicked in as I attempted to swerve away from his motorcycle but he was simply moving too fast and before I knew it, I heard a sickening crash, followed by a scratching sound.I remember braking and thinking "oh my God, I’ve killed two people”.Jumping out of my car and running back to the scene, I fully expected to see a bloodbath.However, by some Act of God, neither the rider nor his passenger was injured. In fact, by the time a police patrol arrived, the female passenger had run off (probably because she was engaged in dodgy business).And funny enough, the motorcycle, which I thought was ruined to damnation, only came off with minor scratches. My car, on the other hand, I lost the right headlight, indicator, side mirror and the entire right side was extremely scratched and battered. When the traffic police arrived, we discovered that the fellow did not have a driver’s licence which he said he had left at home.Getting my car fixed took about a year, what with the police reports, drives to Gasabo Intermediate Court (in Kabuga) to get the judgment, negotiating with the insurance company, and then finally with the garage.What got my goat was that while I did all this, I was pretty sure the culprit had happily moved on, riding like a maniac as usual. So, it is okay to presume that I have a bone to pick with the errant moto riders. However, it doesn’t mean that I feel that they should be the target of an unfair fatwa.On the 16th of this month, the City of Kigali, the National Police and Rwanda Utilities Agency (RURA), in a meeting at police headquarters, decided that, and I’m quoting directly from a police press release, "a motorcyclist involved in traffic-related offences will be imprisoned”.Now, I’m all for strong laws and proclamations that protect the weak and all that. However, what I don’t like are laws that unfairly target people.Why should only taxi motorcyclists get imprisoned for causing accidents?  They aren’t the only bad road users around. I have had countless conversations with foreigners who complain about how badly Rwandans drive.Plus, this measure is vague. For example, would a ‘private’ motorcyclist get imprisoned for a similar offense? Probably not. So, what the errant rider would be punished for is not their actual offence but rather their profession. And that isn’t right. Laws must be able to be applied across the board.Here is my suggestion. Since it seems that we want to put these riders on a legal pedestal, perhaps their training and qualifications should reflect this new reality.Presently, anyone who qualifies for a motorcycle permit is able to become a ‘taxi moto’ rider. I think that that qualification simply isn’t enough. These fellows have people’s lives in their hands and the hoops that they must jump through to get a taxi moto qualification should reflect that as well.Simply arresting and incarcerating them will not give them the tools they need to become more responsible users of the road. Perhaps the traffic police, working with their associations, should do more at the testing phase. Make it harder to get a taxi moto permit.Better we have fewer taxi moto operators on the streets who actually are qualified to carry passengers, than have a bunch who are simply a danger to themselves, their passengers and everyone else.The writer is an Editor with The New Times currently pursuing a post-graduate degreeTwitter: @sannykigali