6th Report of Market Access Ombudsman Council (March 16, 2000)

3-(2) Eliminating regulations prohibiting tandem riding of motorcycles on expressways

1. Complainant: US Embassy

2. Ministry concerned: National Police Agency

3. Background:

According to Article 71-4, Paragraph 3 of the Road Traffic Law, drivers of motorcycles (excluding those equipped with sidecars) are prohibited from driving motorcycles carrying any person other than the driver (referred to hereafter as "tandem riding") on national expressways and motorways (referred to hereafter as "expressways").
Prohibition of tandem riding of motorcycles on expressways was introduced when the Road Traffic Law was revised in 1965, after many fatal accidents related to tandem riding had occurred on the Metropolitan expressway and the Meishin Expressway.
Tandem riding of motorcycles on expressways is prohibited for the following reasons:

(1) it is difficult to balance well in tandem riding on a motorcycle, and to drive continuously at high speed on expressways extremely heighten the danger of tandem riding.

(2) the conditions of Japanese expressways are different from those in the U.S. or Europe, for example, they have many curves, short visible distance, narrow lane width, and shoulders.

4. Complaint:

Japan's Road Traffic Law prohibits tandem riding on expressways. However, accident data from Japan and many other countries reveal that it is safer to drive motorcycles and other vehicles on expressways than ordinary roads, and to ride in tandem on motorcycles rather than singly. The following specific grounds make it clear that prohibiting tandem riding of motorcycles in Japan is not an appropriate measure.

(1) The prohibition on tandem riding of motorcycles forces motorcycles off expressways and onto more hazardous ordinary roads.

(2) When motorcycles are ridden in tandem, drivers tend to drive more safely and carefully than when riding singly.

(3) The latest large motorcycles are vastly improved, compared to motorcycles of the 1960s and 1970s, and they are built to run safely at driving speed on expressways for both driver and passenger.

(4) American insurance companies offer discount insurance rates for touring type motorcycles which are often driven on expressways carrying a passenger in addition to the driver.

(5) Judging from age, occupation, education and income levels, Japanese owners of large motorcycles are socially aware and responsible.

(6) Japanese motorcycle rider groups and motorcycle manufacturers support lifting the ban on tandem riding. This prohibition is not in line with international standards and the National Police Agency has failed to show any objective proof regarding safety.

Accordingly, the prohibition on tandem riding of motorcycles on expressways not only unfairly limits American manufacturers' opportunities for entry into the Japanese market, it also lowers the safety of Japanese expressways, and the agency in charge should eliminate this restriction.

5. Results of deliberation:

The agency in charge is pointing out that it is inappropriate to lift the ban on tandem riding by reason as following: it is difficult to balance well in tandem riding on expressways, and to drive continuously at high speed on expressways extremely heighten the danger of tandem riding, the ratio of fatal accidents (number of fatal accidents / number of personal accidents) and the fatality ratio (number of deaths / number of deaths plus injured) of motorcycles on expressways are higher than those of any other vehicles, the conditions of standard Japanese expressways are different from those in other advanced countries in such conditions as line structure, lane width, etc., furthermore, there is a doubt about the stability of the pillion seat, and so on. However, it is seemed that the complainant is not convinced, given that motorcycles are allowed to be ridden singly on expressways, and that tandem riding is permitted on ordinary roads.
On the other hand, the issue of danger due to fatigue of the pillion seat rider as a result of extended running at high speed must be considered. In addition, some motorcycle users in Japan drive dangerously, so the public are strongly convinced that driving motorcycles is unsafe. Given this situation it is difficult to eliminate the prohibition on tandem riding. Therefore, the agency concerned, together with other organizations and bodies, must take stronger measures to prevent dangerous driving by motorcycle users and establish safe driving practices. Motorcycle users should make efforts to drive more safely and observe good driving manners. It is also necessary to ensure the safety of motorcycle pillion seats, in terms of the actual equipment. Besides, the usage style for motorcycles may be different in Japan compared to that in the United States and Europe, and there are probably also differences in licensing systems and so on. The OTO Secretariat should conduct a broad study of trends regarding these aspects in other countries.
This complaint was once submitted in 1993, and the Office of Market Access decided in June 1994 that "where safety of tandem riding of motorcycles is concerned, the agency concerned should study the safety data submitted by the complainant and review regulations if no problems are found with safety." The complainant and the agency concerned have been exchanging data lately, but the OTO Secretariat should mediate, to avoid needless misunderstandings from developing.

Based on the above, the concerned agency and others should take the following measures regarding the prohibition of tandem riding on motorcycles:

(1) The agency concerned should promote public relations and enlightening activities in order to improve driving manners among motorcycle users and establish safe driving of motorcycles. It should also improve driver education, by giving instruction in tandem riding and strengthen enforcement against hazardous driving.

(2) The OTO Secretariat should conduct a broad study of trends in other countries concerning usage styles and national attitudes toward motorcycles, and of licensing systems, and compile its findings during 2000.

Government decision (March 21, 2000)

3-(2) Eliminating restrictions prohibiting tandem riding of motorcycles on expressways

The following measures will be taken concerning prohibition of tandem riding on motorcycles.

(1) Public relations and education campaigns will be undertaken, to promote better driving manners among motorcycle users and establish safe driving of motorcycles. Driver education will be improved, by giving instruction in tandem riding and so on, and hazardous driving will be pursued more assiduously.

(2) A broad study of trends in other countries concerning usage styles and national attitudes toward motorcycles, and of licensing systems, will be conducted and findings compiled during 2000.