Legal and Ethical Dimensions in Road Safety and Management

Question 1

There is no such constitutional convention that would necessitate the Transport Secretary, Adil Mustapha to resignation. But there are some constitutional rules that would be necessary for Adil to follow and abide by in order to avoid fatal accidents taking place such as over speeding issues, illegible signs on the road, motorway of potholes, and malfunctioning observed on traffic lights. As per the maintenance of traffic rules, a frequency should be there to clean every traffic sign commensurating with the rate specifically at which vegetation and dirt are established on the face of a traffic sign. The maximum interval is found to be 6 years mainly between cleaning of traffic signs which are ascending above the carriageway. Various other signs of traffic are suggested to be 3 years as they are inclined to a rise of dirt or vegetation establishment on the face of the traffic sign. Traffic signs cleaning instructions or supplier of retroreflective sheeting must be followed for making sure that materials and methods of cleaning do not contain chances of causing damage specifically to the face of the traffic sign. Mustafa is required to follow and abide by the manual of traffic signs which provides advice to various traffic authorities as well as managing agents, designers, and contractors within the UK to utilize road markings and traffic signs specifically on the network of Highway.

The individual is required to discharge duties by following the Road Traffic Regulation Act of section 122 established in 1984 and Part 2 in relation to the 2004 Traffic Management Act within the UK. Maintaining conformity with these mandatory directions, traffic authorities have the role and responsibility to access the necessary signing needed to be done to fulfilling those duties. This basically comprises advice and suggestions on illumination, sighting and use of road markings and traffic signs on various motor race and roads purposes along with temporary signs utilisation in amalgamation with road networks as well as emergency circumstances by the police (Gov UK, 2018). As per section 122 in relation to 1984’s Road Traffic Regulation Act, a duty is placed on authorities for exercising their functions to regulate and control road traffic systems following the act such as supplying effective traffic signals for securing traffic safe, convenient, and expeditious movement. Traffic signs considering a specific type, color and size prescribed within the law or particularly authorized by UK’s authority should only be utilised by the transport secretary in this situation.

Within the specific article, it has been presented that drivers have been exposed to a puzzling situation when there are conflicts in signals of speed limit on the roads of North Wales. A law was passed in the month of July 2022 by the Welsh government to evaluate a default speed limit of 20 mph positioned on obstructed roads all over Wales. This gives focus to restricted roads located typically within built-up and residential areas along with obtaining street lights that are positioned for not exceeding 200 yards shall produce a serious impact by this potential alteration. Contradictory signspresences have been obtained and have been a vital sign of drivers to overtake.

Question 2

Considering the scenario here, it can be saved that Mustapha was not transparent to the government and it was also found that the awarding process to the maintenance contract lacks transparency. Adil Mustapha did some information as he wanted his college met to get the award for the maintenance contract. However, due to this, it has been stated in the case scenario that the fatal road accidents have increased to double since Mustafa joined as a transport secretary. The role of the transport secretary is to ensure that the entire road stops, routes of the bus as well and other pertinent information are consistent and accurate. The causes of accidents that have been identified in the case scenario are over speeding by reckless drivers functioning traffic lights eligible road signs and potholes on the motorways. As a transport secretary, it is the responsibility of Adil Mustapha to tell the contractor that there are some issues with the road that need to be corrected so that the number of fatal accidents decreases. Looking into the causes of the fatal accidents Adil should have tried to enhance the transportation system. He must have increased the fine in order to maintain the speed limit and also he shouldn't have overlooked the holes in the road which are causing fatal road accidents. Clearly, from the case scenario, it can be said that Adil has deviated from his responsibilities and this is considered a crime under 49 U.S. Code § 114 - Transportation Security Administration hence under the constitution Suspension or Revocation of Authority Adil Mustapha is required to resign. The constitution's Suspension or revocation of authority mainly states that the powers authorized by this particular subsection might be suspended or rescinded by the Attorney General when they find that the officer or the administrator has not complied with the prescribed guidelines and rules.

Question 3

It has been evident from the 1995 Act's Schedule 3 and paragraph 14A that transport managers for secretaries should obtain more than a basic good reputation, sufficient hours, and qualifications for accomplishing their statutory duties. The individual should have the capabilities to manage and effectively tackle the operation of transport. This shall include an evaluation not only considering factors of qualification yet other concepts like confidence or knowledge to manage. If it is found out by the traffic commissioner that the transport secretary has failed to live up to the expected standards of maintaining traffic rules and regulations, then they carry the responsibility to continuously and effectively manage regulatory compliance of the company along with ensuring legislative requirements are being met by all traffic systems which are in place. The right initiative is considering producing a finding with relevance to the repute of the transport manager or secretary. In addition, when it is taken into concentration for disqualifying the transport secretary, the available evidence shall be taken into consideration by the traffic commissioner to assess the requirement for disqualification along with any similar matters length which can comprise admissions to any kind of misconducting place, measures of the proposed remedy, dependency on the provided evidence and acceptance in relation to responsibilities of the individual. Hence, as per the evidence of the scenario where reports of deficiencies were previously in the hands of Mustapha, he should be disqualified by the traffic commissioner.

In the case scenario of Smales, an appeal was made from the Traffic Commissioner or TC decision for England traffic areas East produced in the month of June 2014. The individual did not accept the application of Mr. Smales for obtaining a license of the standard international operator that authorizes one vehicle following sections 13A (3) and 13A (2)(d) and in relation to1995’s Goods Vehicles Act. This is because the TC was not at all satisfied considering Mr. Smales to acquire the position of the Transport Manager so that he could exercise effective and continuous management with regard to the vehicle's operations.

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