Above the law: 4x4, social status, traffic offences

It is a truism that violations of traffic regulations are a common feature on our roads and a major contributory factor to avoidable injuries and deaths.

However, these traffic violations sometimes manifest differently on the road between how commercial drivers breach the regulations and how private vehicles do the same.

The nature of these violations, I think, paints a picture of how citizens inhibit different realms within the state and how the state in turn relates to them differently.

In this article, I seek to do three interconnected things.

First, I share my (subjective) experience of road violations between Atomic Junction and Pokuase Road in the Greater Accra Region, showcase how these violations of traffic regulations point to the way various segments within the state try to (re)negotiate their relationship with her (and in effect with the law), and end with what these portend for national security and development, and a way forward.

Sitting in hectic traffic at the peak of evening rush hours, I was sweating in the heat in my old Opel Vectra B.

The air conditioner was not working, but I pretended I did not want to use my air conditioner.

I rationalised my discomfort by convincing myself that car air conditioners are bad in tropical Africa.

I was angry at the punishment I had to endure (together with those obeying the traffic rules) for staying in the traffic.  

“Trotro” drivers passed me on the hard shoulders of the road and then sleekly made their way back onto the lane making those of us adhering to the rules virtually sedentary.

As a person with a deep affinity and strong passion for the marginalised in society, I had some level of tolerance for the (often rickety) “trotro” drivers and their (at least 15) passengers on board who are most likely from low socio-economic backgrounds. 

What annoyed me was the effrontery displayed by 4x4s/SUVs in flagrantly breaching the traffic regulations by using their hazard lights in combination with all kinds of sirens and whizzing past.

Usually, their windows were tinted and often contained no more than two occupants.

This occurrence on the road is a common feature of urban streets and led me to contemplate how such incidents reflected the discriminatory and multifaceted relationship between the state and various groups within a country.

For me, SUVs and 4x4s are more than mere vehicles or means of transport.

They sometimes serve as a strategic asset that grants their owners or occupants the flexibility and potential to manipulate and redefine the nature of the relationship between the law and specific segments of the population. 

In effect, some vehicles elevate their occupants (even if temporarily) above the law, while at the same time, the very same law and its enforcement often weigh heavily on others, such as “trotro” drivers and those with low socio-economic status.

This phenomenon, I believe, partly explains why “trotro” drivers are frequently the most prosecuted.

“Trotro” drivers are not inherently pathological rule-breakers, whereas 4x4 owners voluntarily adhere to the same rules.

They both embody and inhabit different realms of the state and illustrate how the law interacts with them.

From my observation, it seems that “trotro” drivers firmly understand their position within the state and try to walk a tightrope to avoid conflict with the law.

These commercial drivers seem to embody or symbolise the most vulnerable and marginalised population within the criminal justice system and are the choice of prey for police and the entire criminal justice system (CJS).

They are easy prey when it comes to looking for scapegoats to increase statistics showing the efficiency of the entire CJS.

On the other hand, and for emphasis, the 4x4 (at least regarding breaches and/or adherence to traffic regulations) symbolises power, influence and strong connections with the corridors of authority within the state.

In certain contexts, the vehicle insulates its occupants from stop and search by the police.

This redefinition of the relationship between the state and its citizens is most evident when those in 4x4/SUVs openly violate traffic regulations with amusement and flair.

So, for instance, whereas the “trotro” drivers breach traffic regulations during rush hours by driving on the margins of urban roads, some occupants of 4x4s/SUVs activate their hazard lights and drive straight through the centre of single lanes with a remarkable display of glitter, arrogance and boldness – sometimes ahead of or behind police cars with their sirens blaring.

“Trotro” drivers and some low-end vehicles, would not dare breach the rules in this spectacular manner.

For me, this sharp contrast of violating traffic regulations highlights the broader issue of the discriminatory nature of the relationships between the law and different segments of society.

It also underscores the distinct and unequal realms that other road users inhabit - extending to the criminal justice system and the state. 

Implications

The flagrant violations of traffic regulations (illegal use of sirens, tinted windows, driving in the middle and hard shoulders of the road etc) also have implications for national security.

With what we know about terrorists and how they exploit loopholes, abuses of this kind hold serious relevance for fighting terrorism. 

When certain practices take deep root and – either radically or gradually – become entrenched and accepted, it is difficult to address them effectively. So, I believe traffic regulations have implications beyond what most people think.

For example, when road users think sirens must not be respected, it has implications for the response time of security and other emergency vehicles in times of real emergency – which has fatal consequences.

The next time you are stuck in traffic, look out for those who are above the law – and juxtapose their attitude and behaviour with “trotro” and taxi drivers who try to outmanoeuvre the traffic congestion by using the margins. 

The writer is with the Institute of Criminology, 
University of Cambridge. 
E-mail: Eas96@cam.ac.uk