BASSETERRE, St. Kitts – THANKFUL for the pouring rain – which should bring some relief from the bothersome heat that is to come later in the day – you grab your umbrella and head through the door, skipping over puddles of water and you make your way to the bus stop. There, you wait for a passenger bus to pick up and take you to your next destination, as you are on your way to work.
The road is filled with water and just to be safe – or so you think - you stand a safe enough distance from the road, being careful to avoid being sprinkled, splashed or drenched with water set in motion by a passing vehicle.
And then it happens!
An inconsiderate motorist drives along the road with substantial speed and runs through the water causing persons on either side of the road – including you – to be doused. Rather than stopping the vehicle to apologise for this action, the driver continues along his/her journey seemingly either oblivious to the fact or apathetic to it.
Now covered in muddy water and peeved, you head back home, after all, you have to clean up and head to work with the hope that history does not repeat itself.
According to Manager of the Traffic Department Inspector Cromwell Henry, this – driving without reasonable consideration for others - is against the law and drivers who are taken before the court and who are convicted of the offence could be made to pay a fine and face possible suspension from holding a driver’s licence.
However, in order for a motorist accused of this act to be charged, a complaint would have to be made by the affected pedestrian(s).
“Section 49 of the Vehicles and Roads Traffic Act provides some protection for pedestrians, in that is creates an offence whereby drivers who drive without reasonable consideration for other persons using the road. So a driver driving through a puddle of water and causing pedestrians or even other drivers to be doused, then they are liable to be charged if the person affected reports them. The penalty for which is $1000 and a possible disqualification depends on the person’s record of similar offences.”
Even if it were not against the law, the Inspector further explained, motorists should be considerate and courteous enough not to splash water on others.
“Apart from it being an offence, I think that every reasonable person would know that no one likes water to be thrown on them, especially water from a source that is not clean. So the courteous thing to do is not to splash water on persons. We would hope that drivers have sufficient courtesy to prevent this from happening and affecting pedestrians in that way.
“The law also protects other motorists as well. There are instances when a motorists driving through a puddle of water can cause water to splash on persons who are driving or travelling in other vehicles. Those persons can make complaints as well.”
Inspector Henry offered a number of suggestions that motorists should utilise when faced with the puddles. He said exercising caution in such instances could prevent a more serious and even life-threatening occurrence.
“If the road is wet and there are pockets or water or even a large puddle of water, the safe thing to do is to slow down or go around the water if possible, because there might just be a pedestrian that you don’t see and that person could be affected by you driving through the water.
“Additionally, if there is a puddle of water in the road and you go through at your normal speed, there is the possibility of you losing control of the vehicle by a phenomenon known as hydroplaning. Or there might be a ditch or pothole under the water that causes you to lose control of your vehicle. So the safe thing to do when you see large puddles of water in the road is to go around it or go through it very slowly."
Responsibility for road safety does not rest only on the shoulders of motorists but also pedestrians. In other words, a pedestrian who is bent on walking in the middle of the road or who does not consciously find safe alleyways to use, might find himself/herself falling prey to the inconsiderate nature of some motorists.
He explained however that there are currently no law that makes pedestrians liable for their sometimes discourteous behaviour.
“Pedestrians also have responsibilities when using the road. Therefore, it is also advisable for pedestrians to – if you are walking, this might not be avoidable but – avoid standing next to puddles of water in the road. If you see a puddle of water in the road, don’t stand next to it because there just might be an inconsiderate driver who drives through that puddle of water.
“If there is a sidewalk which you can use, walk there. Do not walk in the street and then complain that you got wet when you could have used the sidewalk which is safer…But if you can’t, then we hope the drivers would look out for you and not splash water on you.”
