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Talking Transit VI – Integrated Services Road Transport and Safety Bill 2014 Amit Bhatt Strategy Head – Urban Transport EMBARQ India November 11, 2014 Bhopal

Session 5.1 – Road Transport & Safety Bill and Its Impact on Public Transport

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Presenter - Amit Bhatt

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  • 1. Talking Transit VI Integrated ServicesRoad Transport and Safety Bill 2014Amit BhattStrategy Head Urban TransportEMBARQ IndiaNovember 11, 2014Bhopal

2. ROAD TRANSPORT SECTOR Snapshot 3. ROAD TRANSPORT IN INDIA: InfrastructureIndia has the second largestroad network in the worldIndias Road Network hasexpanded from ~4 lac km in1951 to ~47 lac km in 2011India has a road density1.42km/sq.km., which is thedensest for a country of thissize and compares favourablywith other middle-income andemerging countries 4. ROAD TRANSPORT IN INDIA: VehiclesThe last two decades have seen a dramatic increase in theoverall number of vehicles used for road transport in India142Million(2011)21Million(1991)102Million(2011)14Million(1991)All Vehicles 2-WheelersThe total number of vehicles is expected to increase 3-4x to500-600 million by 2030 5. ROAD TRANSPORT IN INDIA: Road & Rail100%90%80%70%60%50%40%30%20%10%0%1950-51 2010-11RailRoad100%90%80%70%60%50%40%30%20%10%0%1950-51 2010-11RailRoadFreight Traffic Passenger TrafficIn last 60 years, the road sector has seen:The share of freight traffic increase from 10 to 69%The share of passenger traffic increase from 30 to 90% 6. ROAD TRANSPORT SECTOR Issues & Challenges 7. UN-NATURALDEATHSPER DAYROAD ACCIDENTSSource: National Crime Records Bureau ADSI 2012Road Safety Scenario in India 8. Road Safety Scenario in India140,000135,000130,000125,000120,000115,000110,000105,0002008 2009 2010 2011 2012No. of Road Accidents 9. Highway speeds and road safetyThe average vehicular speeds on Indias highways is significantly less thanthe global average, yet the number of deaths is higher by comparison191413126420181614121086420Death rate per 100,000160140120100806040200Average truck speed kmph30-5560-140India Global averageAction required road safety, speeds, and traffic conditions need improvementSource: WorldLifeExpectancy.Com -2011 , Deloitte research report - 2012 10. Logistics spends India and other countriesAlthough India spends less on logistics than most nations, its per ton-kmtotal cost is 30-70% higherSpend on logistics (USD1373billion, 2007)5151382400 500 1000 1500IndiaGermanyJapanUSALogistics as % of GDP(Percentage, 2007)10108130 5 10 15IndiaGermanyJapanUSAPPP adjusted unit cost(USc per ton-km, 2007)India, 13.8USA, 1.1India, 1.9India, 3.2USA, 10.8USA, 1.90 5 10 15Costal ShippingRailRoadSources: Industry trends, McKinsey 11. ROAD TRANSPORT IN INDIA: DemandOverall Road Freight Transport Demand Growth2012 2032Overall Road Passenger Transport Demand Growth2012 203210,375billion pkm168,875billion pkm16x2,000billion Tkm13,000billion Tkm6.5xTotal Freight TransportDemand is expected togrow at 9.7% perannum over the next20 yearsTotal PassengerDemand isexpected to grow at15.4% per annumover the next 20years 12. Governing Law Motor Vehicle Act 1988Original Act was drafted in1939Major aspects like RoadSafety, TransportInfrastructures etc aremissingMVA 1988 is very fluid withlots of discretionary powerto allMVA 1988 is a majordeterrent for logistics,passenger transport androad safety in the country 13. Road Policing by the Supreme Court: Major Cases School bus guidelines Directions to control and manage the flow oftrafficM.C. Mehta v. UOI(1997/98) Insurance liability where the driver does notpossess a valid driving licenseNational Insurance Co.LTD v Swaran Singh & Ors(2004) Charging those who cause death in a roadaccident under a harsher clause in the IPCAlistair Anthony Pareira v.State of Maharashtra(2012) Hefty Fine to be used for compensation tovictims of accidents Role of Bystanders & their protectionState v. Sanjeev Nanda(BMW Case) (2012) Set up a permanent Road Safety monitoringCommittee to oversee schemes of theGovernment of India and State GovernmentsS. Rajaseekaran v. U.O.I(2014) 14. Road Policing by the Supreme Court: Committees Permanent Committee set up in April 2014 Monitoring of schemes of GOI & States onRoad SafetyJusticeRadhakrishnanCommittee Provided recommendations to the Court onfirst aid education in schools, infrastructureon National Highways and training of policeJustice AgarwalCommittee Recommended a Highway Force Increased trauma infrastructure onhighways & Universal Access Number Good Samaritan ProtectionCommittee underAS(CS), MHA 15. Need for a Comprehensive Law 16. National & International LegislationsINDIAMotor Vehicles Act 1988Expert Committee RecommendationsCarriage by Road ActState Transport Authority ActMultimodal Transportation Act (MTO)Supreme Court Orders on MV ActsUSATransport LawMAP 21BRAZIL Lei da Mobilidade(Urban Mobility Law)UKUK Act 1985 Local Transport Act 2008SINGAPORERoad Traffic ActParking Places ActStreet Works ActPublic Transport Council ActAUSTRALIARoad Transport (PublicPassenger Services Act2001) Transport Integration Act 17. Global Comparison of MV Acts Vehicles 18. Global Comparison of MV Acts Users 19. Global Comparison of MV Acts Drivers 20. Global Comparison of MV Acts Infrastructure 21. Global Comparison of MV Acts Regulation 22. Roles and ResponsibilitiesSl.No.Constitutional ProvisionsList I Centre List II State List III Concurrent(Both)1 Railways Roads, bridges, ferries, etc(excluding List I)Ports other than majorports2 Highways (National) municipal tramways;ropeways; inland waterwaysShipping and navigationon inland waterways3 Shipping and Navigation oninland waterways(mechanically propelled)vehicles other thanmechanically propelledvehiclesMechanically propelledvehicles4 Ports (Major) Taxes on vehicles, whethermechanically propelled or not5 Airways (aircraft,aerodromes)Taxes on boats6 National waterways (mech.propelled vessels)TollsMissing Items:Road Safety, Multi-modal Transport,Traffic Management 23. Road Transport and Safety Bill 2014 (Draft)Chapter Content1 Preliminary2 Motor Vehicle Regulation & Road Safety Authority of India3 Regulation of Motor Vehicle4 Unified Driver Licensing System5 Unified Vehicle Registration System6 National Road Transport & Multimodal coordinationAuthority7 Public passenger transport8 Public goods transport9 Infrastructure & Multimodal facilitation10 Road Safety & Traffic Management11 Insurance of Motor Vehicles against third party risks12 Claims Tribunals13 National Highway Traffic Regulation & Protection Force14 Offences and Penalties15 Miscellaneous 24. Chapter 1: Preliminary 25. VisionProvide a framework for the safety of all road users in India,including vulnerable road usersEnabling the development of a secure, efficient, cost-effective,sustainable and inclusive transport system for themovement of passenger and freight in the countryFacilitate integration of various transport components thatmust collaborate to deliver a sustainable self-generatingsocio-economic ecosystem, which facilitates innovation inmechanically propelled vehicles 26. Chapter 2: Motor Vehicle Regulation & Road SafetyAuthority of India 27. Chapter 2: Motor Vehicle Regulation & RoadSafety Authority of IndiaKey new concepts:National independent authority aiding theGovernmentOverall coordination of road safety agenda as it ismulti sectoralAccountability: transparent procedures, due processfor making regulationsPrinciple objective: vehicle regulation and eliminatepractices adverse to transport and road safety 28. Chapter 3: Motor Vehicle Regulations 29. Chapter 3: Regulation of Motor VehicleKey new concepts:Principle objective: vehicle regulation and eliminatepractices adverse to transport and road safetyFunction: make recommendations onVehicle regulation construction, design, maintenanceTime bound method for type certification and deemedapprovaleasy adoption of innovative technology - newmodels, technologies, fuels in India, retrofittingtechnologiesIntroduction of conformity certificate to liberalise theautomotive components and spare partsCrash testing and mandating standard safetyequipment 30. Chapter 4: Unified Driver Licensing System 31. CHAPTER 4: UNIFIED DRIVER LICENSING SYSTEMKey new concepts:Person can have only one licenseEligibility for license no longer linked to educationUniform License System:Apply for licences anywhere in IndiaStandardised licence format all over IndiaTests of competence to be standardised across India, private sectorparticipationGraduated Driving Licence System:Learner Full licenseAutomated driver testing (Gujarat Model), reducing human discretion underPPP frameworkSuspension and cancellation based on offences 32. Gujarat Automated Driver TestTwo wheeler: Cost to build, operate, maintain for 5 years with a capacity of testing 400drivers per day = Rs. 50 lacsFour wheeler (car, jeep): Cost to build, operate, maintain for 5 years with a capacity oftesting 200 drivers per day = 1 crore 33. Sarathi Program 34. Chapter 5: Unified Vehicle Registration System 35. Chapter 5: Unified Vehicle RegistrationSystemKey new concepts:Singular database for all stakeholders - Manufacturer,transport authority, insurance service, taxation revenues &enforcement agenciesUniform Registration System:Registration number portabilityUnified and parameterized registration systems acrossstatesUnified applicationRegistration linked with:Certificate of Fitness framework under PPP modelMaintenance of appropriate insuranceOffence linked to registration of vehiclesEase of vehicular transfer 36. Vaahan Program 37. Chapter 6: National Road Transport & Multimodalcoordination Authority 38. Chapter 6: National Road Transport &Multimodal coordination AuthorityKey new concepts:Facilitating make in India visionNational independent authority aiding the GovernmentAccountability: transparent procedures, due process formaking regulationsPrinciple objective: planning and developing a framework forefficient movement of goods and passengers in safe, faster, costeffective and inclusive mannerDeveloping a framework for managing interchange betweenroad and other modes of transportEncouraging multimodal coordination to ensure better first &last mile connectivityDeveloping a uniform framework or guidelines for permitsystem 39. Chapter 7: Public passenger Transport 40. Chapter 7: Public Passenger transportKey new concepts:Planning and development of schemesRationalisation of permits removal of the nomenclature of stage and contract carriageInter state National Permit scheduled services (all interstate passenger transport) or restricted scheduled services,or metered services based on scheme by National AutorityIntra state State Permit scheduled services (more than 100kms) or restricted scheduled services , or metered servicesbased on scheme by State Autority as per guidelines ofNational AuthorityPrinciples of Taxation of Passengers under National Permit tobe determined by Central GovernmentRationalisation of tariff settingEnabling smart cities by encouraging public transport anddecogesting city core 41. Chapter 8: Public passenger Transport 42. CHAPTER 8: PUBLIC GOODS TRANSPORTKey new concepts:Reducing the logistics cost of the freight by btter planning &reducing bottlenecksPlanning, development and identification of freight networkNew vehicle category as per global standards - trailer, semitrailerNew framework for regulation of overloading zerotoleranceDeveloping a freight & road transport policy with statutorybackingPrinciples of Taxation of Goods and livestock underNational Permit to be determined by Central Government 43. Chapter 9: Infrastructure & Multimodal facilitation 44. Chapter 9: Infrastructure & Multimodal facilitationKey new concepts:Set standard and guidelines for road infrastructuredevelopment, classification, design & constructionspecificationSet standards and guidelines for safety and trafficmanagement infrastructureEstablish monitoring and evaluation system for settingand monitoring performance targets for state transitdevelopment programEnabling framework for creation of Warehouses &other facilities 45. Chapter 10:Road Safety & Traffic Control 46. Chapter 10: Road Safety & Traffic ManagementKey new concepts:Improving road safety with clear laws and technology adoptionProtection to all road users including vulnerable road usersSpecial protection for Children, Safety of vehiclesRestriction on number of passengers in/on motor vehiclesComprehensively addresses over speeding and drink-drivingCities above population 10 lacs to have automated enforcementsystem 47. Chapter 11: Insurance of Motor Vehicles against thirdparty risks 48. Chapter 11: Insurance of Motor Vehicles againstthird party risksKey new concepts:Necessity for third party insuranceDuty to give insurance to customersDetailed Accident Investigation ReportPayment of compensation on a structured formulaMotor accident fund 49. Chapter 12: Claims Tribunals 50. Chapter 12: Claims TribunalsKey new concepts:Improved case management systems of claims tribunalCompensation process:Time bound application for production of claimants;settling and disposing matter, etcRelief to victims 51. Relief to victims MOTOR ACCIDENT FUND TO BE RECOUPED BY INSURANCECOMPANY ON SETTLEMENT/ AWARDIMMEDIATESTABILIZATION SETTLEMENTINSURANCE AWARD BY TRIBUNAL GICHIT AND RUN MOTOR ACCIDENT FUND 52. Chapter 13:National Highway Protection Force 53. Chapter 13: National Highway Traffic Regulation& Protection ForceKey new concepts:Central Force established for traffic enforcementexclusively on National HighwaysFunctions include:Enforcement of this ActInvestigation of road accidents on nationalhighwaysmaintenance and recalibration of all equipmentrequired for free flow of trafficmaintenance of traffic signs, & equipment forelectronic enforcementSecure medical attention to an injured victimReducing highway terrorism 54. Chapter 14:Offences and Penalties 55. Chapter 14: Offences and PenaltiesKey new concepts:Driver penalty points system:Scale of penalty points corresponding to degree and nature of offenceAccumulation of penalty points can lead to further penalty ofcancellation.Unified schedule of penalties: combination ofFines Imprisonment Impounding vehicles PenaltypointsCancellation of licences/permits Compulsory trainingDeterrent fines to discourage road users from committing violationsSchedule of offences & penalty points system: Amendment possible bySafety Authority 56. Chapter 15:Miscellaneous 57. CHAPTER 15:MISCELLANEOUSKey new concepts:Provision for making rulesRepeal of earlier actTransition phase 58. ISSUESTimelinesStakeholder managementNon motorised transportImplementationAmbitious or Overambitious?? 59. Thank [email protected]