Beginning of the Road Safety Measures

“Of all the systems that people have to deal with on a day to day basis, road transport is the most complex and the most unsafe mode of transportation”. 

As rightfully observed by the Committee on Road Safety and Traffic Management. The success of road safety depends upon channelling resources and giving the same attention that is being paid towards predominant health issues.  Though the Motor Vehicle Act,1988 (“MV Act”) was enacted by the Parliament to consolidate and amend the law relating to appropriate provisions for regulation of traffic, vehicle insurance, registration of motor vehicles, controlling permits and penalties but it did not have any provisions pertaining to road safety.  

In 2015, India became a signatory to the Brasilia Declaration. Decade Action for Road Safety 2011-2020 in which the delegates agreed to adopt ways to halve road traffic deaths by the end of this decade – a key milestone within the new Sustainable Development Goal (SDG) target 3.6. But when the figures of the report of Road Accidents in India – 2016 revealed stating that, “There were 4,80,652 road accidents (2016), claiming over 1,50,785 precious lives and leaving another 4,94,624 persons injured”. It was felt there was an urgent need to recognise the worsening road safety situation in order to take appropriate action. 

To examine the best practices in the Road Safety and Road Transport sector and to frame a National Road Safety Code with the objective to reduce fatalities and road accidents by 50% by 2020, the Ministry of Road Transport and Highways constituted a committee of GoM headed by Shri Yoonus Khan. Based on the recommendations of GoM and other pressing requirements, the Ministry Of Road Transport and Highways introduced the Motor Vehicle Amendment Bill,2016 which was finally passed as the Motor Vehicles (Amendment) Bill,2019 to provide an efficient, safe and corruption-free transport system in the country. This Motor Vehicle Amendment Act,2019 (hereinafter referred to as the Amended Act,2019) is a matter of study in this article. 

Provisions Aimed At Ensuring Road Safety

1. RECALLING OF VEHICLES

The provision regarding the power of Central government to recall motor vehicles by order or by directing the manufacturer on the ground of defect in that vehicle which could cause harm to the environment or to the driver or occupants were not included in MV Act,1988 but the same has been included by inserting section 110 A which deals with, “Recall Of Motor Vehicles” in the Amended Act,2019. Further section 110 B has also been inserted in the Amended Act,2019 which deals with Type- Approval Certificate And Testing Agencies and prohibits sale or delivery or use in the public place of a trailer, semi-trailer or modular hydraulic trailer or sidecar without obtaining a type approval certificate from the testing agency.  

2. SAFETY OF CHILDREN DURING COMMUTE

The 1988 MV Act had no provision related to the safety of children during commutes. To make the adults accountable for the safety of their child while riding, amendments were made in three provisions Amended Act, 2019. Section 129 of the MV Act,1988 deals with Wearing Of Protective Headgear and under the amendment act every person above four years of age, driving, riding or being carried on a motorcycle while in a public place is required to wear a helmet. 

Explanation to section 129 of the MV Act,1988 defines “Protective headgear” as a “helmet which,—In

(a) by virtue of its shape, material and construction could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and

(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.”

Further Section 137 of the MV Act,1988 has been amended by inserting clause, “aa” which has empowered the Central Government to provide for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129. 

Section 194B has been inserted by MV Act,2019 which deals with Use of Safety Belts And The Seating Of Children and imposes a penalty of Rs 1000 for driving a motor vehicle without wearing a safety belt or carrying passengers not wearing safety belts. 

3. ELECTRONIC MONITORING AND ENFORCEMENT OF ROAD SAFETY

The Amended Act,2019 has inserted section 136 A which empowers the Central Government to make rules for the purpose of electronic monitoring as well as enforcing road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology.  

4. SAFETY OF PEDESTRIANS AND NON MOTORISED ROAD USERS

Section 138 of the MV Act,1988 dealt with the power of the state government to make rules for giving effect to the provisions of Chapter VII. Under the Act, there was no provision with respect to the safety of pedestrians and non-motorised road users. However a new subsection, “1A” has been inserted in the amended Act,2019 which empowered the State Government to make rules in the interest of road safety to regulate the activities as well as access of non mechanically propelled vehicles and pedestrians to public places and national highways. 

5. STRINGENT PUNISHMENT FOR FAULTY ROAD DESIGN, ENGINEERING AND MAINTENANCE

Amendment Act has inserted Section 198 A which deals with ‘Failure To Comply With Standards For Road Design, Construction And Maintenance’ and make contractors and civil agencies liable to pay a fine which may extend to one lakh rupees for faulty or improper design or management. 

6. OFFENCE BY JUVENILES

​The Ministry of Road Transport and Highways, Transport Research Wing ‘Road Accidents in India, 2016 reveals that in 2016 underage driving has caused a total of 18738 accidents resulting in 5383 fatalities. To avoid this, the Amended Act,2019 has inserted section 199A which makes the adult/guardian or owner of the vehicle liable for the offences committed by juveniles. In addition to a penalty of Rs 25000/- and imprisonment up to three years for adult/owner/guardian, the juveniles would be tried under the Juvenile Justice Act and even the registration of vehicle would also be cancelled.  

In Shilpa Mittal vs. State Of Nct Delhi And Ors ( Criminal Appeal No. 34 Of 2020) the juvenile at the time of occurrence was above 16 years but below 18 years. The Juvenile Justice Board vide order dated 04.06.2016 held that juvenile ‘X’ has committed a heinous offence, and, therefore should be tried as an adult. The appeal filed to the Children’s Court was also dismissed on 11.02.2019. Thereafter, the juvenile ‘X’, through his mother approached the High Court of Delhi, which vide order 01.05.2019 held that since no minimum sentence is prescribed for the offence in question, the said offence did not fall within the ambit of Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Supreme Court by observing that an offence which does not provide a minimum sentence of 7 years cannot be treated to be a heinous offence held that,

“34. From the scheme of Section 14, 15 and 19 referred to above it is clear that the Legislature felt that before the juvenile is tried as an adult a very detailed study must be done and the procedure laid down has to be followed. Even if a child commits a heinous crime, he is not automatically to be tried as an adult. This also clearly indicates that the meaning of the words ‘heinous offence’ cannot be expanded by removing the word ‘minimum’ from the definition.

35. Since two views are possible we would prefer to take a view which is in favour of children and, in our opinion, the Legislature should take the call in this matter, but till it does so, in the exercise of powers conferred under Article142 of the Constitution, we direct that from the date when the Act of 2015 came into force, all children who have committed offences falling in the 4th category shall be dealt with in the same manner as children who have committed ‘serious offences’.” 

7. NATIONAL ROAD SAFETY BOARD

Under the Amendment Act,2019 a National Road Safety Board has been established by inserting section 215D to render advice and changes to central and state government related to various aspects of the MV Act,1988. 

INCREASE IN PENALTIES

PAYMENT PROCEDURE OF FINES

STEP 1: VISITING THE WEB PORTAL 

The violator receives intimation on her/his mobile phone, she/he would have the option to either contest the summons or pay by visiting the web portal “https://vcourts.gov.in“. 

The aforesaid web portal also provides the functionality of searching the pending challans either by filling the requisite details, vizname, mobile number or vehicle number. 

The web portal of the Virtual Court shall also provide the facility of informing any change in the mobile number of the violator by validation through chassis and engine numbers. 

STEP 2: CHOOSE THE OPTION TO EITHER PAY THE CHALLAN OR CONTEST THE CASE

After filling the details and viewing the challan, the violator has an option to either pay the fine or contest the case. 

In case the violator decides not to contest and pleads guilty she/he will pay the requisite minimum fine through online mode on the day and the time of her/his choosing within the stipulated period which is of 60 days. Upon payment of the fine, an acknowledgement will be generated showing the disposal of challan and the transaction number. 

If the violator chooses to contest, the web portal also provides the option for the same and then the matter is transferred to regular court. 

ROAD ACCIDENT VICTIM INFRASTRUCTURE

Protection Of Good Samaritan

In Save Life Foundation vs. The Union of India (Writ Petition (C) No. 235 of 2012), the Supreme Court vide its order dated the 29th October 2014, inter alia, directed the Central Government to issue necessary directions with regard to the protection of good Samaritans until appropriate legislation was made by the Union Legislature. 

Pursuant to the directions of the Hon‘ble Supreme Court, the Central Government published the guidelines in the Gazette of India, Extraordinary on 12th May 2015 in Part I, Section 1 for protection of the good Samaritans, i.e. a person who is a bystander or a passer–by, who chooses to assist an injured person or a person in distress on the road. 

On 30th March 2016 incorporated the guidelines for the protection of “Good Samaritans and Standard Operating Procedures” for their examination by police and during the trial. By invoking its inherent jurisdiction it asked all the States and Union territories to make it binding on them. The Central Government on 21st January 2016 published the required Standard Operating Procedures for the examination of such eyewitness by the Police or during the trial. 

The Amended Act,2019 further by inserting section 134 A in the Act, 1988 provided for protection of ‘Good Samaritan from any civil or criminal action for any negligence while acting or failing to act while rendering emergency medical or non-medical care or assistance.  As per explanation of section 134 A of the MV Act,1988 a good samaritan refers to a person who in good faith voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital’. 

The Ministry after the amendment has notified Rules of Good Samaritans to vide Notification G.S.R. 594(E) dated 29th September 2020 in Annexure-II.

Cashless Treatment during Golden Hour

Section 12A has been inserted by the Amendment Act,2019 to define the term Golden Hour which means the time period lasting one hour following a traumatic injury during which there is the highest likelihood of preventing death by providing prompt medical care. Section 162 of the MV Act,1988 empowers the central government to make a scheme for the cashless treatment of victims of the accident during the golden hour. 

WAY AHEAD

Massive investment in roads and the exponential growth in the number of vehicles has made it necessary to have a system that integrates disciplines influencing road safety and at the same time has linkages with established institutions catering to different aspects of road safety viz engineering, education, enforcement, medical and behavioural sciences. 

India has always been an unfortunate victim of a large number of road crash fatalities. The Ministry of Road Transport and Highways enacted the Motor Vehicle Amendment Act,2019 with an aim to bring discipline, a responsible attitude among road users by providing a stiff hike in penalties for traffic violations.  But road safety however continues to be a major developmental issue, a public health concern and a leading cause of death and injury in India which can be clearly seen from the Report on Road Accidents in India, 2019 which states that accident-related deaths in India were 1,51,113 in number. 

Although the Third Global Ministerial Conference on Road Safety: Achieving Global Goals 2030 Stockholm, 19–20 February 2020 has recognised that, “SDG target 3.6 will not be met by 2020 and that significant progress can only be achieved through stronger national leadership, global cooperation, implementation of evidence-based strategies and engagement with all relevant actors including the private sector, as well as additional innovative approaches” the issue of road safety continues to be a matter of great concern. 

Despite the Ministry of Road Transport and Highways taking multiple initiatives in the field of Road Safety to adhere to the commitment of halving fatalities, there has been no significant process on this front.

AUTHOR OF THE ARTICLE

Adv. Shruti Kakkar

Junior Legal Research Associate, Indian Law Watch
Shruti is BA LL.B from Guru Gobind Singh University pass out. She has been in top three winner positions in several reputed competitions of law.