The Madras High Court has quashed a 2018 Central government notification by which the speed limit of vehicles on highways and expressways were hiked. The speed limit was at 120 km/hr on expressways; 100 km/hr on national highways; and for the M1 category of vehicles at 60 km/hr. Justices N Kirubakaran (since retired) and TV Thamilselvi in an order dated August 18, 2021 said that in spite of knowing that over speeding is the main killer and responsible for most of the accidents, the Government, for various reasons, particularly for commercial reasons, has increased the speed limit, resulting in more deaths. The order was on an appeal arising under the Motor Vehicles Act, seeking enhancement of the compensation awarded to an appellant K Shyla. A division bench of Justices N Kirubakaran (since retired) and Justice TV Thamilselvi, which quashed the notification dated April 6, 2018, recently, also directed the Centre and the State to issue fresh notifications with the decreased speed limit.
Though the issue involved in this case is motor accident claim, since over speeding is the main cause for road accidents and innumerable precious lives are lost, this Court suo motu invoked Article 226, to issue directions to control over speeding in the interest of the public.
Importance of Speed Governors
The court held that it is the bounden duty of the concerned Government to direct the manufacturers of two-wheelers to install speed governors in the two-wheelers in the manufacturing stage itself so that speeding of the vehicle itself would be prevented and accidents averted.
One more important reason for the increase in accidents due to overspeeding is by imported vehicles that are not manufactured for Indian conditions. The imported vehicles come with high-speed engines and therefore, they should be calibrated in such a manner that the vehicle would not pick up speed beyond the limit permitted in India. The Government should also instruct the same at the manufacturing stage itself to control the speed limit, the Order said.
Court Observations and Directions
Though there is better engine technology and improved road infrastructure, the court observed however, there is no improvement in compliance with the road rules by the motorists. From the report released by the Ministry of Road Transport and Highways, as highlighted by this Court in earlier paragraphs, the number of deaths taking place on the road would prove that more accidents are occurring on road, due to over speeding, especially data regarding accidents due to over speeding in the year 2017 – 66.7%, in the year 2018 – 55.73% and in the year 2019 – 64.4%. When over speeding is a major cause for road accidents, it is not known how the improvement in the road infrastructure and engine technology would reduce accidents. In fact, better engine technology would always be a reason for uncontrolled speed and thereby, cause more accidents.
Having known that over speeding is the main cause for road accidents, taking away the precious lives of people and causing damage to properties, the decision taken by the government, as reflected in the notification dated 06.04.2018 the court held is liable to be quashed. This Court, suo motu, invokes Article 227 of the Constitution, taking into account the fact that figures given in the report published by the govt. and various other reports. This Court also recalls the statement of ‘jeopardize’, the life of motorists and other travellers and offending other road users, violating rights contemplated under Article 21 of the Constitution. Speed limit is directed to be reduced as per the earlier notification dated 05.08.2014 and the following are the maximum speed prescribed in respect of different class of motor vehicles in that notification :-
| Class of Motor Vehicles | Maximum speed per hour in kilometers | |
| Motor vehicles used for carriage of passengers comprising nine or more seats in addition to the driver’s seat | 80 | |
| Motor vehicles used for carriage of passengers comprising not more than eight seats in addition to the driver’s seat | 100 | |
| Motor vehicles used for carriage of goods | 80 | |
| Quadricycle | 70 | |
| Three wheeled vehicles | 60 | |
| Motor cycles | 80 |
On 30.03.2021 the Hon’ble High Court of Madras in C.M.A. No. 595 of 2019 and C.M.P. no. 1887 of 2019 has given the following directions regarding the:
(1) Modern gadgets like speed gun, speed indication display and drones should be used to find out the speeding vehicle to punish the driver.
(2) The violators of road traffic rules should be strictly punished in accordance with law.
(3) Important vehicles with high speed engines should be calibrated in such a manner the vehicle does not exceed the permitted speed limit.
(4) The license seekers have to be taken to hospitals, where the accident victims are taking treatment, so that evil consequences of violation of road rules would be understood properly by first hand information.
(5) The speed breakers should have been laid according to the road safety measures, so that speed breakers themselves becoming black spots could be avoided.
(6) Celebrities may be rope in to spread the message of road discipline through media, as they also have the social responsibility for an orderly and disciplined society.
(7) Arrange for lectures by experts, doctors, social workers etc. to the licence seekers, stressing upon the necessity to follow road rules, before the licence is given.
(8) Identify the Accident prone zone/black spots and to station the mobile trauma units/Ambulances there.
(9) Illuminate intersections on the Highways with high power lights to indicate the drivers about the intersections which would make drivers to slow their vehicles.
Though the directions given by this Court have been adhered to, nothing has been mentioned about the speed limit. In view of that, the State Government is also directed to issue notification, with regard to the speed limit, as per the earlier notification dated 05.08.2014, taking note of the quashing of the notification-dated 06.04.2018 issued by the Central Government.
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