Road Trasnport and Safety Bill - Sudhanshu Gupta

ROAD TRASNPORT AND SAFETY BILL, 2014 1

Status – PENDING

AIM - An Act to provide a scientifically planned and evolving framework for the safety of all

road users in India, including vulnerable road users, and for enabling the seamless

development of a secure, efficient, cost effective and inclusive transport system for the

movement of passenger and freight in the country as well as matters connected therewith or

incidental thereto. This Act may be called the Road Transport and Safety Act, 2015.

FACT OF THE MATTER -

1 road accident death every 4 minutes

16 deaths every hour due to road accidents

377 deaths every day, equivalent to a jumbo jet crashing every day

12.02 lakh people killed in road accidents in India in the past decade

46 lakh people seriously injured or disabled in road accidents in India in the last

decade

Age group of 30-44 years most susceptible to road accidents in India

1 out of 4 road accident deaths happens on a two-wheeler

Tamil Nadu tops number of people injured in road accidents

2 people die every hour in Uttar Pradesh, making it a state with maximum deaths due

to road accidents

20 children aged under 14 die daily due to road accidents

2 women die every hour due to road accidents in India

5th highest number of road accidents in India are in Mumbai, Delhi tops it.

India accounts for 1% of the world's vehicles but 10% of road accidents worldwide

111 is the percentage of under reporting of road accidents in India

India tops the chart of number of road fatalities, followed by China, Brazil and the US

Rs9,177.32 crore is the cost incurred by insurance companies on third-party claims in

road accidents during the fiscal 2012-13

1 SUDHANSHU GUPTA, Roll No. – 477, Sem – 3rd , Sec – B

AN OVERVIEW –

To address the problem of road safety, the Union Ministry of Road Transport and Highways

(MoRTH) has published a draft Road Transport and Safety Bill. This bill will replace The

Motor Vehicles Act, 1988. The bill should be aiming for zero mortality, it has set a target to

save 200,000 lives in the first five years through reduction in road traffic accident deaths by

strict implementation of laws. Additionally, it envisages a 4 per cent GDP improvement on

account of increased efficiency and safety of road transport sector.

This much awaited bill comes at a time when accident deaths and injury have reached scary

numbers in India. The global safety report of WHO states that India has the highest road

traffic accident rate worldwide with over 140,000 deaths annually, beating even China. Road

accidents are a serious problem, but little attention is being paid to this. While annually the

nation loses almost 1.5 per cent of its GDP on account of road accidents, we are not even

spending 10 per cent of that amount to make our roads safe. Every year almost 1.3 million

people die in road mishaps, globally.

The Road Safety and Transport Bill, 2014, stresses on improving the system of catching an

offender, streamlining issuance of driving licences, penalty, and registration of vehicles and

introduction of digital systems. To check speed limit, it proposes use of the intelligent speed

adaptation, driver alert control and eye drowsiness detector, but these are to be managed and

made functional by the states at their level. The proposed road safety bill is focused more

technology solutions than urban design solutions. There is also no clarity on monitoring and

compliance strategies and institutional arrangements.

The bill claims that it has been drafted in sync with the best practices of six advanced nations

— US, Canada, Singapore, Japan, Germany and the UK.

The main focus of the bill is on stronger punitive action and penalty. It aims to make the

penalties more stringent, with an aim to curb traffic violations. It has proposed steep penalties

of up to Rs 3 lakh, along with a minimum seven year imprisonment for death of a child in

certain circumstances, besides huge fines for driving violations.

PROPOSALS OF THE BILL –

The bill proposes strict penalties and heavy fines for violating signals. The proposed

fine varies from Rs. 5,000 to 50,000

It proposes fine of Rs. 5 lakh per vehicle, as well as imprisonment, for faulty

manufacturing design, besides cancellation of licenses for rash and negligent driving

and holds both the manufacturer and the user liable. In case of using vehicle in unsafe

conditions such as using a vehicle which as prior defects, violates the safety

standards; a penalty of Rs. 1 lakh or imprisonment for six months, which may extend

to one year or both, is proposed.

It proposes the creation of three lead agencies: national authority for road safety,

national transport and multimodal coordination authority and state transport authority

It has set targets to reduce the number of fatal road accidents

Strict penalties for offences involving children

Unified vehicle registration system and registration to be linked with insurance,

vehicle offences, and vehicle fitness

Vehicle fitness testing and worthiness road tests for all cars and two wheelers every

five years

Multimodal integration of bus rapid transport and intra-city transport

Provisions for NMT and pedestrian bicycle infrastructure

Emphasis on safety of schoolchildren/women/persons with disability

CHAPTER-WISE ANALYSIS OF BILL -

Chapter 1 – Preliminary

Vision –

Provide a framework for the safety of all road users in India, including vulnerable

road users.

Enabling the development of a secure, efficient, cost-effective, sustainable and

inclusive transport system for the movement of passenger and freight in the country.

Facilitate integration of various transport components that must collaborate to deliver

a sustainable self-generating socio-economic ecosystem, which facilitates innovation

in mechanically propelled vehicles.

Chapter 2 – Motor Vehicle Regulation And Road Safety Authority Of India

Key New Concepts –

National independent authority aiding the Government.

Overall coordination of road safety agenda as it is multi sectoral.

Accountability: transparent procedures, due process for making regulations.

Principle objective: vehicle regulation and eliminate practices adverse to transport and

road safety.

Chapter 3 – Motor Vehicles Regulations


Principle objective: vehicle regulation and eliminate practices adverse to transport and

road safety

Function: make recommendations on

o Vehicle regulation – construction, design, maintenance.

o Time bound method for type certification and deemed approval.

easy adoption of innovative technology - new models, technologies, fuels in I

ndia, retrofitting technologies.

Introduction of conformity certificate to liberalise the automotive components and

spare parts.

Crash testing and mandating standard safety equipment.

Chapter 4 – Unified Driver Licensing System


Person can have only one license

Eligibility for license no longer linked to education

Uniform License System:

o Apply for licenses anywhere in India

o Standardised license format all over India

Tests of competence to be standardised across India, private sector participation

Graduated Driving License System:

o Learner Full license

Automated driver testing (Gujarat Model), reducing human discretion under PPP

framework.

Suspension and cancellation based on offences.

Chapter 5 – Unified Vehicle Registration System


Singular database for all stakeholders - Manufacturer, transport authority, insurance

service, taxation revenues & enforcement agencies

Uniform Registration System:

o Registration number portability

o Unified and parameterized registration systems across states

o Unified application

Registration linked with:

o Certificate of Fitness framework under PPP model

o Maintenance of appropriate insurance

o Offence linked to registration of vehicles

Ease of vehicular transfer

Chapter 6 – National Road Transport And Multimodal Coordination Authority


Facilitating ‘make in India’ vision

National independent authority aiding the Government

Accountability: transparent procedures, due process for making regulations

Principle objective: planning and developing a framework for efficient movement of

goods and passengers in safe, faster, cost effective and inclusive manner

Developing a framework for managing interchange between road and other modes of

transport

Encouraging multimodal coordination to ensure better first & last mile connectivity

Developing a uniform framework or guidelines for permit system

Chapter 7 – Public Passenger Transport


Planning and development of schemes

Rationalisation of permits –

o Removal of the nomenclature of stage and contract carriage

o Inter-state National Permit– scheduled services (all inter state passenger

transport) or restricted scheduled services, or metered services based on

scheme by National Authority

o Intra-state State Permit– scheduled services (more than 100 kms) or restricted

scheduled services, or metered services based on scheme by State Authority as

per guidelines of National Authority

Principles of Taxation of Passengers under National Permit to be determined by

Central Government

Rationalisation of tariff setting

Enabling smart cities by encouraging public transport and decongesting city core

Chapter 8 – Public Goods Transport


Reducing the logistics cost of the freight by btter planning & reducing bottlenecks

Planning, development and identification of freight network

New vehicle category as per global standards - trailer, semi trailer

New framework for regulation of overloading – zero tolerance

Developing a freight & road transport policy with statutory backing

Principles of Taxation of Goods and livestock under National Permit to be determined

by Central Government

Chapter 9 – Infrastructure And Multimodal Facilitation


Set standard and guidelines for road infrastructure development, classification, design

& construction specification

Set standards and guidelines for safety and traffic management infrastructure

Establish monitoring and evaluation system for setting and monitoring performance

targets for state transit development program

Enabling framework for creation of Warehouses & other facilities

Chapter 10 – Road Safety And Traffic Control

Key New Concepts -

Improving road safety with clear laws and technology adoption

Protection to all road users including vulnerable road users

Special protection for Children, Safety of vehicles

Restriction on number of passengers in/on motor vehicles

Comprehensively addresses over speeding and drink-driving

Cities above population 10 lacs to have automated enforcement system

Chapter 11 – Insurance of Motor Vehicles Against Third Party Risks


Necessity for third party insurance

Duty to give insurance to customers

Detailed Accident Investigation Report

Payment of compensation on a structured formula

Motor accident fund

Chapter 12 – Claim Tribunals

Key New Concepts -

Improved case management systems of claims tribunal

Compensation process:

o Time bound application for production of claimants; settling and disposing

matter, etc

Relief to victims

Insurance And Tribunals Process -

Detailed Accident Investigation Report (immediate) --> Insurance Company Officer

Intimated and Appointed --> Insurance Company to intimate to Claims Tribunal within 30

days --> If no representation by Insurance Company, matter settled within 12 months

Chapter 13 – National Highway Protection Force

Key New Concepts -

Central Force established for traffic enforcement exclusively on National Highways

Functions include:

o Enforcement of this Act

o Investigation of road accidents on national highways

o maintenance and recalibration of all equipment required for free flow of traffic

o maintenance of traffic signs, & equipment for electronic enforcement

o Secure medical attention to an injured victim

Reducing highway terrorism

Chapter 14 – Offences And Penalties


Driver penalty points system:

o Scale of penalty points corresponding to degree and nature of offence

o Accumulation of penalty points can lead to further penalty of cancellation.

Unified schedule of penalties: combination of

o Fines -- Imprisonment -- Impounding vehicles -- Penalty points

o Cancellation of licenses/permits -- Compulsory training

Deterrent fines to discourage road users from committing violations

Schedule of offences & penalty points system: Amendment possible by Safety

Authority

Chapter 15 – Miscellaneous


Provision for making rules

Repeal of earlier act

Transition phase

URBAN DESIGN AND LOWER VEHICLE SPEED -

This bill has completely ignored the role of urban design in ensuring safe access. Countries

such as Sweden, Japan, UK, and Netherlands have achieved reduction of accidents up to 60

70 per cent, majorly through proper road design. The modal share of people using public

transport or cycling is much higher than people using cars. The bill does not talk about a zero

tolerance policy.

The bill will have to address the problem of road design that is currently oriented towards

increasing the speed of vehicles. MoRTH has notified and revised the speed limits for

highways keeping in mind the expansion of the road sector. Cars can drive at a maximum

speed of 100 kmph and motorcycles at 80 kmph. The ministry justified the move saying that

there was no speed limit for cars at national level. Only the local police set the norms. The

ministry seems to be ignoring the fact that highways in India run mainly between the major

cities in India. While it's up to the state governments and local authorities to notify the speed

limit for vehicles plying on state highways, city and on rural roads, but even the speed limit

of 50 km/h in a city does not imply safety on Indian roads.

The roads in India are designed keeping motorized vehicles in mind than pedestrians. Cities

like Delhi have been increasing the width of the road and removing crossings and traffic

lights to aid seamless trip for vehicles. The pedestrians and cyclists are always pushed to use

foot over bridges by putting high railings on the medians, rendering them unsafe.

Constructing wider and straight roads can only increase speed, even though the speed limit is

restricted to 50 km/hr.

DRAWBACKS OF THE BILL –

It does not envisage rules for enforcement of road safety in India

Vulnerable road users such as women, children, elderly as well as cyclists and

pedestrians are completely ignored by the Act.

The act is only focused on regulation of motorised transport

The act does not consider problems such as freight logistics and improvement of road

safety infrastructure across the nation

Act ignores the need for a centralised regulatory authority and electronic monitoring

of offences

The Act also does not take technologies or road safety into account in a

comprehensive way

The Act is archaic and close to 1.4 lakh people die in India every year due to road

accidents

There has been a 280% increase in the number of accidents since the Motor Vehicles

Act 1988 was introduced

It does not create any rules regarding manufacturing safety standards and recall of

defective vehicles

The motto of this act is cure rather than prevention and this is why it fails

The act does not envisage a lead regulatory authority which is independent

It does not promote a biometric system of identification or take any steps to prevent

duplication.

CONCLUSION –

Roads in India have to be designed keeping land uses and road activities in mind. Road

design should include needs of pedestrians and cyclists. The bill has to take into account the

principles of National Urban Transport Policy guidelines and other street design guidelines

and they have to be made mandatory. The proposed road safety bill ought not to repeat the

mistakes of JNNURM, which just brought in more projects of road widening, constructing

signal free roads and making road infrastructure unsafe for vulnerable users such as

pedestrians and cyclists. However good the bill maybe, but a stringent enforcement has to act

as a deterrent.

According to global report on road safety in 2013 by WHO, “When Road infrastructure are

designed, ensuring implementation of a number of safety measures and facilitating their

implementation during construction with earmarked funding can produce important safety

gains for all road users. This is particularly true when road design, construction and

maintenance are underpinned by a Safe System approach, i.e. where allowances are made that

can help compensate for human error, and roads and roadsides are built in such a way that

their physical characteristics minimize potential harmful consequences to all. This could

include incorporating speed management measures in road infrastructure projects, such as

traffic calming intended to limit the impact of a crash.”

Globally, countries are moving towards zero tolerance policy on accidents and transforming

urban and road design for safety. Road engineering and design can also influence the risk of

crash involvement and the severity of crashes that do occur. Sweden has adopted “Vision

Zero” policy which prioritises safety over speed—low urban speed limits, pedestrian zones

and barriers to separate cars from bikes are the key measures. It has proposed a speed limit of

30 km/hour, built 1,500 km of "2+1" roads where each lane of traffic takes turns to use a

middle lane for overtaking – this has saved many lives. It has built 12,600 safer crossings

along with strict policing that have halved the number of pedestrian deaths over the past five

years.

The bill has the right intentions. But it needs more holistic approach with strong compliance

strategies to prevent road injury and deaths. Along with punitive action it requires a much

stronger preventive action.

The Road Transport and Safety Bill 2014 will go a long way towards promoting road safety

legislation and be a game changer in the field of road regulation and monitoring.

Documents

Road Trasnport and Safety Bill - Sudhanshu Gupta