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Shadow Transport Minister critical of the nine year delay to address safety in the wake of Tyaisha Cox’s death

Patricia Gordon Pamplin(Photo by Akil Simmons)

The Opposition has charged that Government dragged its feet on implementing the Road Traffic Amendment Act, after former Magistrate Edward King said the new law still didn’t go far enough.Citing the tragedy nine years ago of Tyaisha Cox, killed after being knocked down on a pedestrian crossing by a driver overtaking a bus, Shadow Transport Minister Patricia Gordon-Pamplin commended Mr King’s suggestions made yesterday in this newspaper.In particular, Mr King has called for legislation to ban overtaking stationary buses when they aren’t in a lay-by.“The recommendations made by the former magistrate are good sense ones, and would not take much effort to implement,” Ms Gordon-Pamplin said. “The family of Tyaisha Cox deserve to know that the tragedy they faced has yielded real, meaningful results. Let us hope that Government listens.”The One Bermuda Alliance MP added that the Bill passed last week addressed the issue of driver responsibility, and was “a good bill to clarify the existing conditions”.“We are concerned that the level of judicial input was overlooked, thus we could have had more meaningful amendments,” she continued. “We highlighted to the Government that to take nine years to bring amendments was way too slow for such an important issue.“Had the legislation been brought earlier, the quirks could have been ironed out, and the solutions would have been long implemented.”Transport Minister Derrick Burgess declined to comment for this article.However, recently-appointed Road Safety Chairman Carlton Crockwell, currently off the Island, told The Royal Gazette: “Discussing new laws in that area is definitely on our agenda. We’ll talking about it when we meet next Tuesday.”Former Chairman Joseph Froncioni called for a re-engineering of the Island’s pedestrian crossings, saying the Island’s top problem was that “by and large, people don’t follow the rules of the road”.He added: “I’m not sure of introducing another law, if there is no enforcement.“To me, the case of Tyaisha Cox shows a problem with very, very poor engineering, and one would have thought they would have addressed that by now.”Dr Froncioni said the “fatal combination” of design flaws at the crossing where the accident occurred should have been addressed.“I was chairman of the Road Safety Council at the time. We submitted recommendations and I didn’t know whether anyone paid attention to them — that crosswalks need to be re-engineered.”Dr Froncioni said he was not sure if Bermuda’s narrow roads and bottlenecks were appropriate for new laws such as a ban on passing buses.However, he said: “I know from many, many statistics that unsignalised crossings are intensely dangerous.”A jaywalker is safer, he added, because someone illegally crossing the road is paying attention, while a painted crossing “implies that he has the right of way, and he lets his guard down”.Further danger arises with vulnerable pedestrians such as children, while the final threat in Taisha’s case was the bus stopped by the crossing, blocking view both ways.“We can always change the law,” Dr Froncioni said. “We could have it like the States and Canada, where certain buses have privilege in law whereby you can’t pass by when the hazard lights are on. We could do that as well.”