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The driving license point-demerit system: Preventive deterrence vs. punitive punishment

The driving license point-demerit system: Preventive deterrence vs. punitive punishment

14 Dec 2022 | BY Sumudu Chamara

Instead of tightening the laws to penalise traffic law violators, which has long been the most prevalent method of dealing with offenders, Sri Lanka is making plans to strengthen the prevention aspect of traffic law violations.

As was revealed recently, the authorities are planning to introduce a demerit system for driving licenses, which has been under discussion for years in Sri Lanka, with effect from early next year. Under this system, points will be deducted with regard to over 30 traffic law violations, and driving licenses of those with more than 24 points will be cancelled for a period of one year. 

In this regard, State Minister of Transport Lasantha Alagiyawanna had stated that traffic law violators tend tk merely pay the relevant fine when penalised for an offence and continue to repeatedly commit similar offences without understanding the gravity of their actions and the implications on the safety of others. He emphasised the importance of minimising deaths caused by road accidents.


Support and opposition from drivers


To look into what drivers think of this proposed demerit system, which is rather new to Sri Lanka, The Morning spoke to several drivers in Colombo, most of whom expressed support to this system, adding that it will help keep many irresponsible drivers off the streets. In addition, they noted that more stringent, innovative methods are necessary to reduce road accidents, and that Sri Lanka should learn from other countries that have employed such methods.

“Such a system should have been introduced a long time ago. Had we done that, we could have saved a lot of lives which we lost because of irresponsible drivers that were not taught a lesson the first instance that they acted in an irresponsible manner,” said 31-year-old driver Saman Oshantha.

However, he did not see this system as the best way of creating responsible drivers, explaining: “Having such a system in place would significantly increase disciplined drivers on the roads. However, I do not think that this is the best way to create disciplined drivers. This is a system that disciplines drivers who have committed a certain offense, in order to prevent them from committing a bigger one. So a road accident or a traffic violation would have already happened by the time this system is implemented against a driver. I think that we need a stronger system that disciplines drivers before they are permitted to drive a vehicle on public roads.”

Also expressing support for the proposed demerit system, 45-year-old driver K.U. Samaradiwakara said that this system will significantly reduce road accidents and that deterrents are always a better option than punishment.

“Thus far, we resorted to punishments, mostly fines, thinking that it would discourage drivers from driving recklessly. However, it is these types of methods (a reference to the proposed demerit system) that could actually help us make roads safe. Preventing is always better than finding solutions, and what this method does is discourage drivers from being irresponsible. Taking action through the demerit system is a better warning than a fine, because drivers know that the former affects their future as a driver, unlike a fine.”

Moreover, Samaradiwakara added that since this is a completely new system, it is crucial that the authorities raise awareness about it, especially regarding the sort of impact this could have on drivers.

However, some who spoke with The Morning expressed doubts about the proper implementation of this system, especially if it is handled exclusively by the Police, with the main reason behind this sentiment being the tendency towards corruption on the part of the Police. 

“If it is the Police, especially Traffic Police officers, that are going to implement this system, I do not think that this system would bring about the change that we expect,” said 36-year-old driver Kamala Anuradha. Expressing displeasure about the manner in which the Police, especially Traffic Police officers, enforce traffic laws, she said that in many cases, drivers get away with traffic law violations through bribing Police officers or through political influence. She said that this could similarly happen in the case of the proposed demerit system, further opining that it will in turn result in those who have money or the ability to exert influence on Police officers getting away with traffic law violations while only those lacking such options will be punished. 

Several other persons shared the same opinion, adding that a new system is necessary to ensure the proper implementation of the proposed demerit system.  

Twenty-six-year-old driver Merusa Indranath explained: “Traffic Police officers are one of the most venal officials in Sri Lanka, and drivers too have grown accustomed to bribing them to avoid fines or court cases. If the Government is going to introduce a demerit system, it is absolutely necessary to introduce a concurrent programme to prevent Traffic Police officers from accepting or demanding bribes when implementing the demerit system. Otherwise, like many other existing laws, regulations, and systems, this too will be useless in discouraging careless drivers, or worse, increase bribery of Traffic Police officers by drivers.”

He further claimed that in a context where cases of Traffic Police officers falsely accusing drivers of traffic law violations and fining for the same have been reported, if the proposed demerit system is also misused in the same manner, it will have worse impacts on drivers than a mere fine, since the traffic law violations recorded through the demerit system could affect drivers in the future. In addition, he said that if actions are taken against a driver through the demerit system due to a mistake made by Traffic Police officers when determining whether the driver violated traffic laws, such a mistake could have far-reaching impacts on the driver.


Benefitting from the demerit system 


According to University of Moratuwa Transport and Logistics Department Senior Professor Amal S. Kumarage, in order to reap the full benefits of the proposed demerit system, proper collection, sharing and the analysis of data is necessary, and that Sri Lanka should look into such when implementing this system. Speaking to The Morning, he explained: “For this system to be effective and to get the maximum results out of it, it should be linked to vehicle insurance. In addition to the actions taken by the Police, insurance companies should also take actions against drivers because these measures are taken in order to minimise vehicle accidents. 

“In order to achieve that and to manage the millions of vehicles that we have, it is important to have a proper data system which contains the demerit system’s data. Data systems on vehicles, drivers and also road accidents should be in place, and all three systems should be linked. Currently, there is one system at the Department of Motor Traffic, another one at the Police, and another one with the insurance companies. A connection between these systems is necessary, and it should be possible to see the driving history of any driver, which are not complex actions with today’s technology.”

Prof. Kumarage added that collecting data is not adequate, and that that data should be analysed to determine what sort of new steps can be taken to improve the existing situation. 

“What we are trying to do today was a standard practice in the world more than 20 years ago,” he said, expressing concerns about Sri Lanka taking more time than it should have in order to introduce a demerit system. 

“This system was proposed more than 20 years ago, and it is good that we are finally able to introduce it, even though it has taken a long time. This shows how difficult it is for us to introduce modern vehicular management systems to the people’s lives, in a context where the world is moving forward. I think that the weaknesses in the governing system are responsible for this delay. Demerit systems are in place in many countries. In other countries, driving licenses being cancelled is also a part of this system.”

In addition, Prof. Kumarage explained the objectives of a demerit system, adding that the prevention of road accidents is better than punishing drivers: “We have a notion that it is only punishments that can be used to discipline people, which is an outdated notion. In modern societies, it is accepted that it is better to point out people’s mistakes in advance and rectify those mistakes before they can cause massive damage. 

“A demerit system should not be used to punish people, but to teach them what is wrong and right, or to give them a form of advice. In other countries, demerit systems allow not only cancelling licenses, but also educating drivers when a mistake has been made. Therefore, this should be used to improve a person’s driving skills.”

At present, similar systems that use a points system to take action against drivers that violate traffic laws are in effect in many countries including Australia, Denmark, Bulgaria, Spain, Germany, Ireland, Italy, the Netherlands, Norway, Canada, France, New Zealand, and Singapore.



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