Unbridled Horn Honking : sounds of Nuisance

Introduction

Honking has become a national problem. It’s a form of air pollution. It is known to cause health problems like deafness, anxiety, and high blood pressure. Honking often leads to road traffic incidents. A motorist who honks his horn is more affected because he is closer to the source of the noise pollution. He not only affects himself but also the public on the road.

Categories of Honking

Bangladeshi drivers and motorcycles honk from habit and impatience rather than need. There are different types of horns that can be heard on the streets of Bangladesh. For safety reasons,

• Mandatory Horns: This is the actual category where you need to honk.
• Prudent Horn: In this case, drivers honk in the anticipation of necessity, which they determine with their prudence. Example: blind spots, corners, or pedestrians walking or crossing the street.
• Foolish Horn: This category includes drivers who lack common sense or knowledge. They don’t even know where to honk their horns or not. Most of these drivers are uneducated or teenage bikers. They are so impatient and imprudent that they think continuous honking is the solution to all the problems on the road. The fools in this category are always in a hurry. They would honk continuously for others to control the speed of their vehicle instead of honking continuously for themselves. Another of this class honks on an empty street at high speed for no reason. An example may be given of the aristocratic class who keeps honking to open the gate of their home or to call someone. It’s such a foolish idea to call someone in this polluting way instead of calling them over the phone.

Punishment

One can’t honk anywhere one wants. There are some rules and regulations providing guidance for honking. “The Road Transport Act,2018”, “The Noise Pollution(Control) Rules,2006”, “ The Penal Code,1860” are worthy ofbeing mentioned here.

The Road Transport Act

Section 45 of “The Road Transport Act, 2018” provides for the rules regarding honking at motor vehicles. Section 45(2) of the act lays down that no motor vehicle driver may produce any noise in excess of the noise level prescribed under sub-section (1).section 45(1) provides that the government or any institution or body entrusted by the government may, by notification in the Official Gazette, from time to time, fix the noise limit of a motor vehicle.

The essence of section 45(1) is that the government will frame rules for the noise limit which is to be obeyed by the driver. Section 45(3) and 45(4) of the act, again, obligates the owner, driver of a motor vehicle, and institutions not to use any honking instrument which crosses the noise limit fixed by the government thereof. However, section 45 (5) of the act exempts ambulances, civil defences, and other vehicles engaged in the activities of any public importance from such an obligation of noise limit.

Section 88 of the act provides punishment for violations of the rules contained in section 45. It is laid down that whoever violates the provisions of section 45(2), 45(3), or 45(4) of the act shall be liable to imprisonment for a term not exceeding 3 (three) months, or a fine not exceeding 10 (ten) thousand Taka, or both. Section 114 of the act conferred the power to try the offences provided under this act on the executive magistrate under section 59 of “The Mobile Court Act,2009”

Noise Limit

“The Noise Pollution (Control) Rules, 2006 fixed the noise limit in different areas.” If anyone unnecessarily honks, violating such a limit, he shall be liable under the abovementioned act. It has also been prescribed the limit of using the highest sound level in motor vehicles. A motor vehicle is permitted to use up to an 85 decibel sound range. In addition to that, schedule 1 of “The Noise Pollution Rules, 2006” divided areas into the following classes and prescribed noise limits:

Serene Area: up to 50 decibels during the day and 40 at night.

Residential Area: up to 55 decibels during the day and 45 decibels at night.

Mixed areas : up to 60 decibels during the day and 50 at night.

Commercial Area: up to 70 decibels during the day and 60 decibels at night.

Industrial Area: up to 75 decibels during the day and 70 at night.

Sometimes, the limit of horn may exceed its prescribed limit if necessary. Because honking may cross the limit to warn the pedestrian or other transport ahead in an emergency situation to avoid an accidental situation.

Nuisance under Penal Code

Honking horns beyond the prescribed limit may also be an offence if it has been done without any reason. It is to be noted that prolonged honking above 70 decibels cause severe damage to the human ear. There is a slight difference. Usual honking above 85 decibels is injurious to our hearing capacity. But in the case of prolonged honking above 70 decibels, it causes severe damage to our ears. That’s why prolonged honking beyond the prescribed limit, even though not liable under “The Road Transport Act, 2018”, can be made liable under “The Penal Code, 1860”.

According to section 268 of “The Penal Code, 1860”, a person commits a public nuisance when they engage in any illegal act or omission that endangers the public, local residents, or occupiers of nearby property, or that inevitably endangers those who may need to use any public rights by inflicting harm, obstructing their use, creating danger, or causing annoyance. Section 290 of the act provides punishment for such an offence, which may extend to imprisonment of two months. Prolonged and continuant horn damage the concentration of public and cause severe annoyance.

Violation of Constitutional Rights :

Not every vehicle can use the horn as they want. Some horns can cause severe noise pollution. Hydraulic horns are the most familiar instruments in motor vehicles used for honking. This hydraulic horn has become a headache since it exposes up to 130 decibels of sound range. It means 40 decibels in excess of the audible noise limit.

Section 46(3) of “The Road Transport Act, 2018” prohibits the instalment of any instrument in vehicle which pollutes, or obnoxious to environment. Hydraulic horn is no exception to it. In 2017, the High Court Division of the Supreme Court banned the use of hydraulic horns on the ground that they pollute the environment and ordered the government to take proper actions to this effect.

Noise pollution is a violation of our right to life guaranteed under article 32 of the constitution. The signalling of two-stroke motor vehicles caused harsh, shrill, and undue noise, which seriously impaired the audible capacity of the public. In Dr. Mohiuddin Faruquee vs. Bangladesh, 55 DLR (2003) 613, the petitioner sought proper action by the court. The court finally recognised a pollution-free environment as a part of the right to life under article 32 and ordered the government to replace two-stroke motor vehicles with environmentally friendly ones.

Damage to Public

There are laws and provisions to control the nuisance of horns, but they can’t be made effective yet. According to the World Health Organization (WHO), 60 dB sounds can temporarily deafen a man, while 100 dB sounds can cause complete deafness. The noise of any busy street in Dhaka has been estimated at 60 to 80 dB, with the sound of hydraulic horns measuring 95 decibels. The paediatricians said excessive noise can cause problems, including decreased school performance, weakening of the immune system and sleep disturbance in children¹.

The risk of death from honking exists for bicyclists, bicycles, and pedestrians. The stapes bone, which is part of the middle ear anatomy, transports sound from the outside world to the inner ear. The stapes moves inside and outward to carry out its purpose.

However, the bone travels deep inside the internal ear when subjected to a rapid loud sound, such as when pressure horns are used. Vertigo is brought on by this stimulation of the balance organ. According to Prof. Ajai Singh, a specialist in orthopaedic trauma management at KGMU, “if this happens with a pedestrian or a two-wheeler rider, he may fall on the road or meet with a deadly accident. Healthy sleep plays an important role in memory consolidation. “Poor sleep causes measurable changes on these systems and causes diseases. Noise pollution is the biggest cause of sleep disturbances these days,“ he stated.

Experts point out that honking is one of the most powerful sources of stress which can lead to biological changes including release of stress hormones. A faculty member in the medicine department of KGMU said, “A number of health problems either arise from or are aggravated because of stress. Studies have shown that stress hormones can raise cholesterol levels directly, while indirectly they can alter heart rate and trigger acid production² .

“A survey shows that whereas the average audible limit is 85 decibels, it’s almost 95 decibels in Dhaka city due to continuous and reckless honking. Sometimes, it crosses 105-110 decibels, which severely impairs the eardrums. In Rajshahi, it has been recorded at up to 102 decibels³.

Recommendations ⁴

>The most important thing is to raise awareness about noise pollution and honking because many people undoubtedly don’t consider these issues to be issues. NGO’s that are dedicated to the same cause can be founded.

>Roads and places near hospitals and schools should have signs that read “no honking.” These folks will likely stop honking if they are aware of the long-term effects of noise pollution.

>Strict laws should prohibit unnecessary honking. Police should impose a fine on everyone discovered to have been honking excessively. CCTV systems should be used to monitor this.

>A maximum dB limit should be set because there are lots of truck and heavy vehicles with loud horns which could be heard from half a mile away.

>The most important is to take driving lessons from a renowned driving school. They make sure that you learn all the driving laws and also aware you of the consequences of not following them.

>One approach, in my opinion, is to give them the impression that you are irritated by their behaviour. Try to let them pass you, then look them in the eye and inquire, “Are you happy?” Or simply create a hand motion that indicates “fly and go.” Using well-known individuals, public service messages are broadcast on radio and television. They usually have a big impact and make people realize how simple it is to create pollution but how difficult it is to reverse its effects.

Conclusion

Honking should be used only in cases of necessity. However, it has become an ill-practice now. Common sense is more important than legal restrictions in this case. Traffic awareness is also a dire necessity for drivers to be expert on the road. Spot inspection by the competent authorities should be more effective.

Writer: Fahim Uddin Raihan; Student, Dept of law, University Of Chittagong.

Endnote

1. Express, T., 2022. Hydraulic horn causes serious harm to children: Experts. [online] The Financial Express. Available at: <https://www.google.com/amp/s/thefinancialexpress.com.bd/health/hydraulic-horn-causes-serious-harm-to-children-experts-1559211953%3famp=true> [Accessed 10 July 2022].
2. The Times of India. 2022. How bad is honking for you? – Times of India. [online] Available at: <https://www.google.com/amp/s/m.timesofindia.com/life-style/health-fitness/health-news/how-bad-is-honking-for-you/amp_articleshow/53766523.cms> [Accessed 11 July 2022].
3. com.tr. 2022. Bangladeshi capital’s sound pollution crosses the line. [online] Available at: <https://www.aa.com.tr/en/asia-pacific/bangladeshi-capital-s-sound-pollution-crosses-the-line/2569960#:~:text=DHAKA%2C%20Bangladesh&text=Last%20month%2C%20a%20UN%20Environment,%2C%20at%20110%2D132%20decibels.> [Accessed 10 July 2022].
4. Ibid, n(2)