(2017] 13 S.C.R. 508

DR. S. RAJASEEKARAN (II)

UNION OF INDIA & ORS.

(Writ Petition (Civil) No. 295 of2012)

NOVEMBER30, 2017

[MAl)AN B. LOKUR AND DEEPAK GUPTA, JJ.]

Constitution of India: Art. 32 - Public interest litigation - Prayer seeking enforcement of road safety norms and appropriate treatment of accident victims - Constillltion of Committee on road safety - Submission of report/recommendations by the Committee - Howeve1; non-implementation of the recommendations by the Government Issuance of directions on road safety and the victims of road accidents by Supreme Court - Directions as regard road safety policy, road safety fimd, road safety action plan. road safety audits, road safety cell, road safety equipment and road safety education issued - Faithful and sincere compliance of the said directions would save thousands of lives in road accident and crores of rupees paid in compensation by the insurance companies.

Issuing directions, the Court

HELD: 1.1 In view of the submissions of the Amicus Curiae and the response of the Ministry of Road Transport and Highways (MoRTH) to the suggestions and keeping in mind issues of road safety and the interest of those who may be unfortunate victims of road accidents, the following directions arc issued:

(i) Road Safety Policy: Most of the State Governments and

Union Territories have already framed a Road Safety Policy. Those that have not framed such a policy namely Assam, Nagaland, Tripura, Delhi, Lakshadweep, Dadra and Nagar Havcli and Andaman and Nicobar Islands, to formulate the Road Safety Policy by 31" January, 2018.

All States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and

seriousness.

(ii) State Road Safety Council: All States have already constituted a Road Safety Council in terms of Section 215

of the Motor Vehicles Act, 1988. The Union Territories of A Daman and Dlu, Dadra and Nagar Haveli and Andaman and Nicobar Islands have not constituted the Road Safety Council as yet. These Union Territories are directed to constitute the State Road Safety Council on or before 31" January, 2018. The responsibility and functions of the B Council would be as recommended by the Committee on Road Safety. The State Road Safety Councils should periodically review the laws and take appropriate remedial steps wherever necessary.

(iii) Lead Agency: Only a few States have established the Lead Agency as recommended by the Committee on Road C Safety in its communication of 23'' December, 2014. The States and Union Territories that have not done so should establish the Lead Agency on or before 31" January, 2018 in terms of the recommendations made by the Committee on Road Safety. The Lead Agency would act as the D Secretariat of the State Road Safety Council and coordinate all activities such as licensing issues including issues of driving licences, registration of vehicles, road safety and features of vehicles, along with other allied matters including emission norms and other activities as mentioned in the communication dated 23.12.2014.

(iv) Road Safety Fund: Some of the States have already established a Road Safety Fund. ThoseStates and Union Territories that have not yet established the Road Safety Fund sl;.cu1'! do so not later than 31" March, 2018 and report back to the Committee on Road Safety. The corpus of the Road Safety Fund woul~ be from the fines collected for traffic violations and the Fund would be utilized for meeting expenses relating to road safety.

(v) Road Safety Action Plan: The purpose of a Road Safety Action Plan is to reduce .the number of road accidents, as G well as the fatality rate. The MoRTH has already requested all the States and Union Territories to prepare a Road Safety Action Plan but It appears that the response to this has been somewhat lukewarm. The State Governments and Union Territories are therefore directed to urgently H

prepare a Road Safety Action Plan by 31.03.2018 and pnt it int11 action after giving it due publicity.

(vi) District Road Safety Committee: A District Road Safety Committee is required to be set up by the State Government for every district in terms of Section 215(3) of the Motor Vehicles Act, 1988. As suggested by the Amicus and agreed to by the MoRTH, the District Road Safety Committee should be put in place by 31" January, 2018 and should be headed by the Collector of the District and should include amongst others the Superintendent of Police, Health Officers, Engineers of the Public Works Department, representatives of the National Highways Authority of India, the Road Transport Officer of the District and members of civil society from the District.

The District Road Safety Committee must hold regular and periodic meetings to review road safety issues and take corrective measures.

(vii) Engineering Improvement: It appears that one of the main reasons for road accidents is the poor quality of roads, impr(jper design, etc. The MoRTH is of the opinion that the protocol for road design and identification of black spots needs to be reviewed and enforced. Accordingly, it is directed that the MoRTH should publish a protocol for identification and rectification of black spots and take necessary steps for improving the design of roads to make them safe.

(viii) Traffic Calming Measures: It is suggested by the Amicus that traffic calming measures must be adopted at accident prone areas. This is agreed to by the MoRTH.

However, such measures will need to be studied and then put in place. This is an on-going exercise which must be carried out by the Road Safety Committee with the assistance of the MoRTH and other stakeholders.

(ix) Road Safety Audits: It is directed that necessary steps be taken by the Committee on Road Safety as well as by the Mi>RTH to work in the direction of Road Safety Audits since there can be little doubt that an audit of road safety

is "essential to reduce the possibility of road accidents A through corrective measures.

(x) Engineering Design of New Roads: The Road Safety Audit should include the design stage audit of new road projects of 5 kms or more, rather than being based on the cost of the project.

(XI) Working Group on Engineering: The recommendations of the Working Group on Engineering (Roads) should be implemented in the terms prayed for by the Amie us as well as those accepted by the MoRTH. These would, of course, be in the nature of interim directions since the National Road Safety Board is likely to be created as proposed in the Motor Vehicles (Amendment) Bill, 2017.

(xii) Drivers' Training: This is the subject matter of the Motor Vehicles (Amendment) Bill, 2017 and no orders are required to be passed in this regard.

(xiii) Lane Driving: The MoRTH has already issued Motor Vehicles (Driving) Regulations, 2017 vide GS.R. 634 (E) dated 23'• June, 2017. The Notification should be implemented by the State Governments and Union Territories strictly.

(xiv) Road Safety Equipment: The Bureau of Police Research and Training has already prepared a Report on the. subject and has submitted it to the Road Safety Committee in September, 2015. The recommendations in the Report should be implemented including acquisition of cameras and surveillance equipments in detecting traffic and identifying violators. It is also necessary to set up special patrol forces along the National Highways and State Highways for which necessary steps must be taken by the

State Governments and Union Territories.

(xv) Alcohol and Road Safety: The MoR.TH has already written to the States to comply with orders of this Court in this regard. The MoRTH may issue further advisories in this regard on a quarterly basis during the calendar year 2018 so as to serve as a reminder to the State Governments H

. ,

A and Union Territories to implement the directions of this Court .

(xvi) Road Safety Education: The Amic11s as well as MoRTH are in agreement that road safety education and counselling should be incorporated in the curricu)um by the State Boards by 1" April, 2018. It is directed that the State Governments may seriously consider this recommendation and Include Road Safety Education and Counseling as a part of the school curriculum at the earliest,

(xvii) Sj>eed Governors: Guidelines in this regard have already been issued by the MoRTH. The MoRTH has agreed to upload the Unique Identification Number of the speed governors in the VAHAN database. This should be followed up by the MoRTH with expedition.

(xviii) Emergency Medical Care: There is agreem< nt that at least one Trauma Care Centre should be set up in every district with necessary facilities and an ambulance. The State Governments and Union Territories should take up this recommendation at the earliest since it is on record that treatment soon after a road accident is crucial fur saving tl1e life of the victim. The directions Issued in PL Pormana, nd Kotara v. Union of India should be followed.

(xix) Unlvers11l Accident Helpline Number: The MoRTH has stated that there is already a call centre number, that is, 108 provided by the National Health Mission. Due publicity must be given to this so that an ambulance can he activated at the earliest whenever necessary.

(xx) Permanent Road Safety Cell: All State Governments and Union Territories have already been requested by the MoRTH to set up Road Safety Cells. The State Governments and Union Territories should establish Permanent Road Safety Cells by 31" January, 2018.

(xxi) Data Collection: The MoRTH bas already taken steps for recording accident data and reports through computerjsed data entry. The State and Union Territories have been asked to take further action in this regard and

make the data public for the information of all stakeholders. A This needs to be followed up and no further orders are necessary in this regard.

(xxii) GPS : The MoRTH has already notified vide GS.R.

No. 1095 (E) dated 28" November, 2016 mandating the fitment of vehicle location tracking devices in all public B service vehicles subject to some exceptions. Since this has cost implications, the MoRTH may assist the State Governments and Union Territories to ensure that to the maximum extent possible and within the shortest time frame, location tracking devices must be fitted in all public C service vehicles as notified.

(xxiii) Bus/Truck-Body Building Code: This has already been notified by the MoRTH with regard to buses vide GS.R. No. 287 (E) dated 271• April, 2014 and with regard to trucks vide GS.R. No. 1034(E) dated 2•• November,

2016. No further orders are necessary in this regard.

(xxiv) ABS, Air Bags and Headlights: The MoRTH has already notified for fitment of ABS in motor cycles vide GS.R. No. 310(E) dated 16'" March, 2016 and for four wheelers vide GS.R. No. 120(E) dated tolh February, 2017.

As far as air bags are concerned a standard AIS-145 has already been notified. As regards automated headlights, the MoRTH has notified vide GS.R. No. 188(E) dated 22••

February, 2016 for fitment of"Automated Headlights On" in two wheelers manufactured on or after 1" April, 2017.

No further orders are required in. this regard except the faithful implementation of the various notifications issued by the MoRTH.

(xxv) Crash Test: This too has been notified by the MoRTH and the test for all light motor vehicles is required

to be conducted by the testing agency notified under Rule G 126 of the Central Motor Vehicles Rules, 1989. No further orders are required in this regard except the faithful implementation of the notifications and crash standards issued by the MoRTH. (Para 17] [535-A-H; 536-A-H;

537-A-H; 538-A-H; 539-A-H; 540-A-C] H

1.2 The directions given are those that have been agreed upon by the parties and are in addition to and supplement the directions already given in S.Rajaseekaran v. Union of India. The said directions at the instance of the A111ic11s C11riae and the Justice K.S. Radhakrishnan Committee on Road Safety and with the support, cooperation and assistance of the MoRTH, would save thousands of lives in road accidents and crores of rupees in compensatioll payable by the insurance companies-provided the directions ar~ faithfully and sincerely complied with. If there is any doubt or larity required in implementing the directions given, the concerned State Government or Union Territory is at liberty to move the Committee on Road Safety. [Paras 18, 19) (540-D-FJ

Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286 : (1989) 3 SCR 997; S.Rajaseekaran v. Union of India (2014) 6 SCC 36: (2014) 5 SCR 444 - referred to.

[1989] 3 SCR 997

[2014] 5 SCR 444

Case Law Reference

referred to referred to Para 17 Para 18

ORIGINAL APPELLATE JURISDICTION: Writ Petition (Civil) No. 295 of2012.

Under Article 32 of the Constitution oflndia.

P. S. Narr-asimha, ASG, D.K. Thakur, S.S. Shamshery, AAGs, Gopal Subramanium (AC), Ajit Kumar Sinha, Sr. Advs., Gaurav Agarwal, (AC), Talha Abdul Rahman, Jayavardhan Singh, Pavan Bhushan, Manoj F Swamp, Ms. Lalita Kohli, Sajid Imam Naqvi (for Mis Manoj Swarup & Co.), Krishna Kumar, B. Vinodh Kanna, Ms. Srujana Suman Mund, S.S. Ray, GS. Makker, Surinder S. Rathi, S. L. Gupta, Rajesh Sharma, Rajeev Gupta, Ms. Shalu Sharma, Mahabir Singh Mangla, Varinder Kumar Sharma, M.K. Thakur, Rajesh K. Sharma, Ms. Prerna Mehta, G Dipak K. Nag, Ekansh Bansal, Parmanand Gaur, Bhupesh Narula, K. V.

Jagdishvaran, Ms. G. Indira, Guntur Prabhakar, Ms. Prerna Singh, Gopal

Singh, Shreyas Jain, Ms. Ruchira Gupta, Ms. Mona Sinha, Ms. Surabhi Mehta, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Puja Singh, Ms.

Shodhika Sharma, Samar Vijay Singh, Ms. Monika Gosain, Shariq Ahmed, Varindcr Kumar Sharma, M. Shoeb Alam, Ms. Fauzia Shakil, Ujjwal H Singh, Mojahid Karim Khan, Tapesh Kumar Singh, Mohd. Waquas, Aditya

Pratap Singh, Ms. Swarupama Chaturvedi, Nishant R. Katneshwarkar, A R. Leishangthem Roshmani KH, Ranjan Mukherjee, Naveen Sharma, Mishra Saurabh, Mrs. K. Enatoli Serna, Edward Belho, Amit Kr. Singh, K. Luikang Michael. Z.H. Issac Haiding, V. G. Pragasam, S. Prabu Ramasubramanian, Manuraj, Amit Sharma, Sandeep Singh, Anidt Raj, Ms. Indira Bhakar, Ms. Ruchi Kohli, Ms. Aruna Mathur, Avneesh B Arputham, Ms. Anuradha Arputham, Ms. Simran Jeet (For Mis Arputham Aruna & Co.), S. Udaya Kumar Sagar, Mrityunjai Singh, Gopal Singh, Rituraj Biswas, Raja Chatterjee, C.K, Ganguli, Piyush Sachdev, P. K. Manohar, Ms. Manjeet Chawla, Dr. (Mrs.) Vipin Gupta, Neelesh Singh Rao, Saurabh Kirpal, Ms. Jaikriti S. Jadeja, Advs. for the appearing parties.

The Judgment of the Court was delivered by

MADAN B. LOKUR, J. 1. In this petition under Article 32 of the Constitution Dr. S. Rajaseekaran, an orthopaedic surgeon, a public spirited citizen and President of the Indian Orthopaedic Association has, inter alia, prayed for enforcement of road safety norms and appropriate D treatment of accident victims.

2. The petitioner states that in his capacity as Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, he witnesses daily, the acute loss oflife and limbs caused by road accidents.

He suggests that practical measures need to be taken in a time-bound and expeditious manner to give effect to legislations, reports and recommendations for ensuring that the loss oflives due to road accidents is minimized. The petitioner estimates that 90% of the problem of deaths due to road accidents is the result of a lack of strict enforcement of safety rules on_ roads and strict punishment for those who do not obey rules. The petitioner has relied upon data published in l)ecember 2011 by the Ministry of Road Transport and Highways in its publication captioned 'Road Accidents in India 201 O' to indicate that the number of road accidents is increasing every year and that unfortunately more than half the victims are in the economically active age group of25-65 years.

3. Since the petitioner has no pernonal interest in the matter, the writ petition filed by him was taken up as a public interest litigation.

4. Initially, the Ministry of Road Transport and Highways opposed the writ petition but as the litigation progressed, the matter was looked at in a non-adversarial manner and considered as one in public interest.

5. In view of the non-adversarial stance of the Government of India, this Court passed an order on 22'd April, 2014 constituting a Committee on Road Safety under the Ciiamnanship of Justice K. S.

Radhakrishnan, a former judge of this Court.

The Committee was notified by the Ministry of Road Transport and Highways (MoRTH) of the Government ct idiu "" 30th May, 2014 and orders finalizing the terms anti co!'ditlons of appointment of the Chairperson and Members of the Committee were issued on 8th August, 2014.

6. In compliance with the orders of this Court and notwithstanding bureaucratic delays and without having been provided adequate infrastructure and staff, the Committee commenced its work in earnest from I5lh/16'h May, 2014. The Committee has since submitted 12 reports to this Court but it is not necessary at present to deal with all these reports.

7. On JO<h April, 2015 we recognized the exemplary work being done by the Committee and expressed the view that its recommendations need to be seriously discussed and debated. This was in the context of D the fact that the number of deaths due to road accidents in the country was said to be over I 00,000 in a year, which translates to about one death every three minutes and that the compensation awarded for deaths and other motor accident claims runs into hundreds of crores of rupees.

8. However, it appeared to us that various State Governments were not responding positively to the recommendations made by the Committee and accordingly the Secretary of the MoRTH was directed to call a meeting of his counterparts from all the States and Union Territories on or before 31" May, 2015 to deliberate on the reports prepared by the Committee as well as its recommendations, their implementation and further measures that could be taken.

9. We also noted that despite the lapse of a considerable period of time, the Government of India was unable to provide adequate facilities to the Committee even though a letter was sent by the learned Attorney General for India on 19th December, 2014 to the Revenue Secretary and the Urban Development Secretary of the Government oflndia. We are mentioning this fact only to highlight the casualness with which the Government of India was takingthe directions of this Court, in spite of the importance of the work being carried out by the Committee and its non-adverserial stance. We may mention here that as of now, we have been informed that the Committee has been provided with all necessary facilities and support by the Government of India.

[MADAN B. LOKUR. J.]

I 0. In the hearing on 26"' August, 2016 we noted that in 2014 the numberof persons who had died in road accidents was 139,671 and that this figure had jumped up in 2015 to 146,133.

11. Since we were informed by Mr. Gaurav Agrawal, Advocate who was requested to assist us as Amicus Curiae that the State Governments were still not cooperating with the Committee, we had no option but to again direct the Transport Secretaries of all States to attend a meeting to be convened by the Secretary of the MoRTH on 7'h September, 2016. We had to, perforce, set the agenda for the meeting, that is, implementation of the recommendations of the Committee, keeping in mind the very large number of deaths taking place.

12. On J 9th September, 2016 we noted that in the meeting chaired by the Secretary of the MoRTH convened on 2"" September, 2016 (instead of 7"' September, 2016) only two or three Secretaries of the concerned Transport Ministries of the State Governments had participated and the

rest of the State Governments were represented by junior officials and in some cases even the designation of these junior. officials was not D mentioned.

13. During this hearing, we sought to impress upon all concerned that road safety issues should be taken seriously both by the Central Government as well as by the State Governments. We also noted that huge amounts running into hundreds of crores of rupees had been earmarked for road safety and it was also highlighted that a very large number of deaths had been taking place due to road accidents. We noted that the insurance companies had spent an amount of Rs. 11,480 crores by way of compensation for deaths, injuries, third party property damage and other damage due to road accidents during the financial year 2015-16.

14. On 7"' November, 2016 we again noted that there was one death almost every three minutes as a result of road accidents.

Unfortunately, the legal heirs of half the victims were not compensated (perhaps being unaware of their entitlement). We expressed our distress at this unfortunate situation and had to remind all concerned that we were not dealing with an adversarial issue but a public interest litigation for the benefit of the common man particularly for the victims of road accidents and their legal heirs.

15. On 11th April, 2017 we were informed by the learned Amicus that the Government of India had woken up to the problems faced due

to road accidents and had prepared a Bill for the amendment of the Motor Vehicles A.ct, 1988.

16. Thereiifter, the learned Amicus prepared a chart in three columns: First, relating to the issues that this Court had been dealing with in this public interest litigation; second the views expressed by the MoRTH on these issues, and third, the orders prayed for by the learned Amicus Curiae. A perusal of the chart indicates that fortunately, the Government oflndia has now begun considering the issues raised in the right spirit and in a non-adversarial manner and has accepted almost all the suggestions. Those that form a part of the Bill seeking to amend the Motor Vehicles Act, 1988 will be considered by Parliament. The tabular statement is given below:

No.

Issue contained in note of Amicus Curiae

Vi cws by Ministry of Road Transport & Highways

Orders prayed by the AC

Road Safety Ministry of Road Order Proposed: Policy: Eery State Trausport & Highways The States I UTs (Jovernmc)1t shall is in agreen1ent with the which have not i1nple1ncnt State suggestion. formulated the Road Safety Policy Road Safety Policy formulated as a All die States/UTs may be directed to result of the except Assam, Dellli, formulate the intervention of the Nagaland.

Tripura, policy on priority Comtnittee on Road Lakshadweep, Dadra basis. latest by 31 si Safety.

The said Nagar Haveli aud December 2017.

Policy 1nay be I Andaman & Nicobar The staten1ent notified in the 1 h:ivc already 1nade by the gazette and brought formulated their Road Goven1ment of Safety Policy. into existence w.e.f.

l" September,

2017. if not already done so.

India 1nay kindly

l11e States I UTs which be taken on record and ordered. have not formulated the Road Safety Policy. have been requested to formulate the policy on priority basis.

iii.

[MADAN B. LOKUR, J.)

Slare Road Safety Ministiy of Road Onler proposed: All Omncil: All State Transport & Highway.; is States I urs except Glvernment (except in agreerrent with the Damm & Diu, Dadra Nlgaland) have cmstituted suggestiott All States I Nagar Haveli and State Road Satay Council Ufs except Damm & Atxlamm & Nicobar

as required under Section Diu, O.dra Nagar Haveli have already B 215 of tl1e Mater Vdticles and Andamm & Ni:chrr constituted State Road

Ac~ 1988 and. dirocted by have already cmstituted Safety Councils. The the Comnittee. The said State Road Safety at hers may be directed Cootx:il trust undertake Councils. to corlititute tm sarne

pericx:lC n1eetings to review the actions and in"Planentation of road safety lav.s and submit suitable reports to the oot'l'etent Jegishture and the Committee m Road Safety.

Lead Agency: Eadt State Glvernment nny be directed to tablish a Lead Agency as raiuired by tlie Committee on Road Safety headed by a senior officer and with aci:quate slaff to be solely dedicated to rratters rehting to ticmsing issuing of driving licmces, an:l registration of vehicles, rood safety, and fuatures of vehicles, l"nution and otl1er allied ITBtters.

Ministiy of Road TraIBpOrt & Highways is 1n agreenllnt with the suggestion Ministiy hdd review m:eting with the States to review tre inplen'l!ntation of th!

dections of the Comnittee oo Road Safety from 21' to 3o''June, 2017.

The States I Ufs wa:e requested to establish lead Agency and depute addjuate, dedicated and professional I technical :.taff.

Fe\\' States viz.

as per the rocou1nerxiations of C the Comnittee on Road Safety.

The Statement nnde by the Govemm:nt of India nny kindly be taken on rocord and ordered.

Onler proposed: The States I UTs that have not established Lead Agetx:y, as definal atxl required by the Committee on Road Safety and depute d<rlicated profess ion al

aci:quate,

and

I techniral staff tray be directed to do so by 31" Dxember 2017 as per the Slandards set by tl>e Conrnittee on Road Safety.

The

statanent trade by the Chhattis!l'fh, Drumn & Govemrrent of India Diu, Haryana, Jharkhatxl, may kindly be taken

JanlITll & Ka<ilunir, on ra:ord and crdered Nagaland, Raj8'1han,

Tani! Nadu rave ab-mdy established the Lead Agoncy. •y t.

A iv

E v

' Road Safety Fund: . Pursuart to reconnrendatioll'l of the Ccrnnittee on Rood Saftty all the States have oomneooed er 00111lleted actim to set up a Road Safuty Fund wth aSfillred flow of rrooey as des ired by fui Committee.

H:iwever, in such States \\h:re it res oot ccrne into place it mll'lt come into effect w.e.f. 1• Septcn::ber 201 7.

Ministty of Road Trall'lpcrt & Highway.s is in agreanent with tbe suggestion Some of the States viz.

Bihar, Chhittisg; irh, Hirnachal Pradesh, Jharkhand, Kerab, MadhY<t Praresh, Pududierry, Rajasthm, Uttar Pradesh have establisred dalicated fund as per directioll'l of Conrnittee on Road Safety.

During the review meeting beld by tbe Ministty, tbe rermining States I Ufs rove been requested to create tbe

[2017] 13 S.C.R.

Order Prqiosed: The States /UTs that rove not cmstituted tbe Road Safety Finl tray be directed to establish the same as soon as poSS!ble an1 not later than March, 2018 an1 report to tbe Comnittee on Road Safuty. The statemait trade by the Government of ln:lia rmy kin:lly be takai on record an1 erd:red.

Rood Safcty Fund as per the directims oftbe

Ccmnittee m Road Safety. -.. -----+--~-----+ ---·-··--··-----t Road Safety Ministty of Road Onler Prqiosed: Action Han: State Trarnpcrt & Highway.s The States I UTs Cbvennnents tray is in agreement with tbe tray be directed to be directed to suggestion prei:are the amual fi:onulate and During the review tar!}'t rused Action notify "Road Safety meetings held by tre Plan to raluce Action Plan" with Ministty, the States I accidert & fatality an anrrual targii fer UTs rove been rate in µirsuanee of reducing rood requested to prerme the directicns of acx:1der< ";~ 0 ffect arnrn.l target based Conrnittee on frcrn a date rnx Action Plan to raluce Road Sarety an1 later than 1" accident & fatality rate the repcrt to the Septerrber 201 7. in pursuance of Committee. directioll'l of Comnittee on Road Safetv.

vii

[MADAN B. LOKUR, J.]

District Road Safety Ministry of Road Order proposed: State Committee: All State Tran~-port & Govemnients n1ay be Govenunents tnay be Highwa1s is in directed to constitute directed to constitute agreement with the District Road Safety District Road Safety suggestion.

Committee 1-,, aded by Canmittee headed by the tl1e Collector of tl1e Collector of the District District as soon as which will fix target' for pa; sible lay down reduction in accidents and fatality dependent upon peculiar facts of the District As suggested in the \vritten Note, District Road Safety Committee could include Superintendent of Police, Health Officers,

PWD Engineers, reprentati\es of NHAJ and RTO of tl1e District

respcmsibilities of said corrnnittees. including regular and periodic n1eeting and report to the Committee on Road Saft1y.

The statemm made by the Govemtnent of indi a may kindly be taken on reccrd and ordered.

Engineering The Ministry is in Order proposed: Impro\'ement: The agreement \vith the Prctocol for Aniicus Curia? submits suggestion. l-Towever. Identification and that one of the nnin the protocol has to be Rectification of Black reasons for accidents is reviewed and updated Spots prepared by poor quality of roads, fro1n time to tin1e MoRTI-1 at the instance ilnproper design, l:ased on the of Cormnittee on Road inadequate curve, experience ined.

Safety lllaY be directed inadequate depth and to be in1Jlemented by all ina:iequate angle which ~-· concerned including need to be maintained at

NHAJ and •State crocial junctions. At the GO"\.en1rnents in inS:an<.-e of the consultation with the Con1n1ittee on Road C'..onnnittee on Road Safety. the MoRTH has Safety. set up rrntocol for identification and lt may be clarified that

rectification of black spots. TI1e said protocol for rectifying black SjX)ts for better road s:ifety is annexOO herewith as

the said protocol would be reviewed and updated by MoRTH armual ly based on the experience giined.

Annexure 'B' pages (28 to 29). This Hon'ble Court may be pleased to direct that the :san-.e be enforced into i1runediatc effect by the NHAl, the Ministry of Road Transron & High""y.; of Government of India as

well "' the

PWD Dqiantrents of all State I' Govennnerts as \vell their contractors. It is ii important that the saire is also enforced in all express\vays being

constructed on PPP 1ncxC.


The statement made by the Government of India may kindly be taken on I reead and crdered.

I I

Traffic Calming I Ministry i\tleasures: This Hon'ble Trrut'ip()rt

of Road Order proposed: This & Hon'ble Court may Court 1my further direct HighW<ly.; is

the State Govem111ents to I agree1nent \.\-ith adopt Traffic Ca!mmg suggesnoo.

Me.asures at accident I prone m; cas. jrn1ctirns of lower hierarchy roads and~ other wlnemblc spcts I

te scl\ools, hospitals.

. direct that the State the Governments should a<hpt Traffic Calming

Mures at accklcrt prore area<>, junctions of

lower hierarchy roads with higher hierarchy road; and other I

vulrerable spcts like schools, lxi; pitals etc., ) aOO subrnit district wise I I

C001Jliancc repocts to the Conmittce on Road

I , I Safety, as per the

directions of the ; Committee on periodic I

I Theby ; tatm': ' I Govem1nent of India l [ lllaY kindly be takt.'tl on

L-. __ _ _ _j_ ____ i' rec_oc_d_and_cr_dered_. __

DR. S. RA.TASEEKARAN (II) v. UNION OF INDIA & ORS. 523

[MADAN B. LOKUR, J.]

Roods Safety Audits: ln-}rinciple, the This Hon'blc OJurt llllY Ministry JS in direct State Governirenls agreerrenl with the to cany 01.t rood safety suggestioo. Ho'.\ever, audit< during design, there is a deficiency eonstructioo and cf qualifioo audilcrs operation of roo:Is and in road safely also in respect of existing eqiineering in die roods within a srccificd oomby. Effcrts arc

litre fram:. This audit l:cing mide by the m.JSt be carried out by Gi"'mrrent to build auditors accredited by cajllCity, by w.iy of Nliional Road Safety <rJymizirg Audit Board.

This \\OlkshJps on mad Nliional Road Safely safely eqiineering.

Audit Boord ITT.Et oonsist road safety audit of Senicr Officers of the certification oourses

NHAI, MoRTil, of etc.

It \\Ollld take rCSJ:l!Cli"' Stale son10 time to build up Govemm:its as '.\ell as caplcity in the field Rood Safety fapern; ooo of road safety audit. arc tmired Rood Safely Therefurc, Stales nny Audilcrs. II is resµ:ctfully 1:e µmiitted to set submitted that if roads their cmn targels fer wcre propcrly corntructed . CCJYt>leting the mad and m1irtained in this safety audits, as pcr counby, as is cbne in the guidelines issuoo llllny ovcrsea; ccxmtries, by the Ministry from rood aecidenls \\Ollld be tiire to time. much less. 'M th rei; ntl to the rcconm:ndation of accrWitalion by N!tiooal Road Safety Audit Board, it is staled that a pmpa; al to create a National Rood Safely Board Ins bren iocoq=ted in the Motor Vehicle (Atrendm:nt) Bill, '.lll7. The bill has teen Jn=! by Lok

Sabha The 1>m]DSCd Boan! will deal with all ax:ct' of the road safely.

Order psed: This Hon'ble (hurt imy be pleased to direct the Central Government to: (i) Chn:!uct audit of 2 nllSI at'Cident prone stretcfles of highw.iys/expressw.iys in each State as a pilot programme, and present stmtegies for redicing lhe a::cidenls;

(ii) build capacity arxl train at least 150 nne auditors within the pcriod of next crie iear; The State Givemm:nts!Ufs llllY be directed to train at least 25 such auditors within lhe I"rioo of next on: year, and thereafter conduct audits.

The statement mire by the Govemm:nt of India 1my kindly be taken on reccrd and crdered

Engineering Design of NC\v Roads: It rnay be directed by this Hon'ble C'..ourt that no ne\v row.Vproject costing nvre than R~. 10 ('roru; should he undertaken unless the desibrt1 is Judited and the audit recurnn1endation are ; n1plemenlied to lhe satisfactiuI!l of the aforen"l!ntioned National Road Safety Audit Board.

The; road projects costing Rs.

10.00 crore er more may be of different types like resurfacing of the rood. reconstru:tion of bridges f culverts, COfl\truction of retaining walls fOr protection of roack etc_ Such projects do not require the rood safety audit.

Therefore, sp:cifying only cost c1itcria for carrying out roa::I safety audits is not appropriate.

It is proposed that the rwd safety audit including the desi g)1 stage audit should be I carried out for al I rood

capacity oogrnentation


Order proposed: It is prayed that this Hon 'ble Court may be pleased to dire.1 the r00<l safety audit including the design stage audit should be canied "OUt for all road capacity aug:rrentalion projects of 5 km or 1nore.

f----+~~~~~--~~-+"'=-nrq~·ec~1sof~5k7n~1or~17nore~.~-l-~~~~~~~-1

xi Working Gmup on The report of the Wcrki11g Order proposed: Engineering: it is Group on Engineering . prayed that this Hon"ble (Roads) contai11s a detailed I Court n1ay pass an urdt.'f background discus.sion. l11e directing that reconunendations and recun1111endatiuns of the suggested policies are \Vorking Group on cootained in Para 4 of the

'1 Enginee1in~ as directed \Vorking Group Report. by tl1is Hon 'ble Court Many of these (nra.rkcd as Anncxure reconirnendations are in the "(."' pag<S (30 to 38)) nature of general wmments. re in1plen1ented In view of the above,

j thrthwith as dire<.icd by appropriate the Hon 'hie C..ourt. reconm1endations based on

I-~-·

Working Group Report which can be JllSSed by I I Ion 'hie Supren1e Court as

i directions are brought out as belo\v: ..

Higl1\vdys and urlnn road design stan.iards <111d guidelines will be 111ade consistent with the satety reguiren1ents and in u.u1e \vith the international be; t practices on a continuous i OO.Sis at reb'l.llar intervdls. 1_ .

This Hon 'ble Court niay issue the following directions as set out as below: l.

Highways and urban road design standards and i,'llidelines will be niade consistent with the safety require111ents and in tune \Vith the intenlational best practices on a continuous basis at regular intervals. 2.

Conduct Road safety audits at different stages of construction and operation. 3.

All road improvement project'\ including resurfacing works should have provision of sib'llS & 1narkings as 'per 'The requirenient">.

DR. S. RAJASEEKARAN (I!) v. UNION OF INDIA & ORS. 525

[MADAN B. LOKUR, J.]

Road safety audit<;

4. Adequate traffic at different stages should cahning 111casurcs be carried out depending : should be taken, on the size I type of the : wherever ncoossaiy, project for all the road to enhance safety of developn1ent projects. . vulnerable road All road , users. i1nprovement projt.-"Cts :: 5. Rcco1nn1cndations including resurfacing of Road Safety works should have Audits should be provision of signs & in1plcirented, before nnrkings as per the further work is requiren1ents. undertaken on the A&quatc traffic road concerned. : cahning measures should 6.

Standard Road be taken, wherever accident recording necessary. to enhance & reporting formats safety of vulnerable road should be evolved u5ers. 1 considering all Existing stretches aspects of feasibility of National J-ligln.\'ays & and nnnpower State Highways not resources and be . covered in developn1ent published as i projects on modes like standard dccun1t.'11t'l

 BOT/EPC should be , for adoption by all subjected to Road Safety authorities at Central ; Audits in phased n1anner and State levels. through a tin1c bound 7.

Speciali7Cd progranl11'le. accident Reco1n1nendations investigation centres of Road Safety Audits shall be established should he implen1ented to study a few preferably within 2 years selected accidents of sul:nnission of audit using accident reports. reronstruction Standard Road : techniques etc., and acci&nt recording & the details to be reporting fonnats should preservedin a data ; be evolved considering all base. : ac; pects of feasibility and ; 8. lnstitutionali7.Cd nnnpowcr resources and systern of database he published as standard storage and

! documents for adoption by managerrent should all authorities at Central , be <level oped for and State levels. road accident data.

Specialized

. A suitable web acci&nt i1westigation based electronic centres shall be e; tablished road accident data to study a few selected ; collection! acci&nts using accident , recon.'itruction techni ues

i etc., and tl1e retails to be

ireserved in a data ba<ie.

h1titutimali2ed system of databa.<ie staage and nnnagenDJt should be developed for rood accident data A suitable b ba'led electronic road accident data : oollcction/conlJilatim S)Stem

shall re de\Clcped fer ooun1Iyl'1de impleirentatim.

I - Centre of excellence for rood safe! y Research & I Accident analyses shculd be , developed in academic institutions across tl1e ccuntty.

Estabfo; hing synergy retwectl various stake holders (road authorities, acadenlia, enforeCJrent authcrities, reuth a.ithoritics etc) in road safety at central/ state level~ is being slrived through National Road Safety Council and State Road , Safety Cow:cils. TI1ese should

Ix: strengthenoo and made rol:ust to deli= the i1ttended results.

Centre is extending suppat to Road Safety Engineering

nllJroVt.~11C11ts m state roads , tltrough specific sche1res to

oct a~ be1:clum1ks and mxrls for further etlirts by states. 10% of Central Rood Fund (CRF) allocatioos lnve beC11 eanmrked for Road Safety fllginrering works on state roads tlYough Central Road ' Fund (State Roads) A1rerrl111C11t Rules, 2016.

(2017] 13 S.C.R.

callJilation S)'>tem shall be developed fix ccun1I)'Mde fill'lC111C111atim 9.

Centre of excellence fix road safety Research & Accident analyses should be developed m Acadenlic

filtution~ across tlle OOWltty.

nu such !Ure as the

NRSB becoires operatioml, the alx>ve steps llIIY be takCll by the Go\Cl1Ul1Cllt in

cmultation with tl>e Collillittee on Road Safety.

Detailed guidelmes lnve also ['

L-~-'-~~~~~h!o::::; cn~1ssuedintmsiemnrliz:::=-~-'-~~~~~~

xii

[MADAN B. LOKUR, J.]

Drive111' Training: 1his fu the Mltor Vehicle Hm'ble Court rrey be (Atncndrrent) Bill, pleased to iSSlE a direction 2017, itispropcsedtbat that lieernes of all dri\L'l'S tbc transport chi'ing would be renewed after license is to be renewed every fi'" years and ''°ltld at an irtcnal of fi\'C be sul:Jject to thcir qwlifying years. the stringent criteria It has been propa; ed in incluling teclmical tbe Mltor Vehicle efficiency, quality of driving, (Atrendrrent) Bill, control over a vehicle and 2017 tbat th" central

oilier relevant factcrs. It fa Gi\cllllrellt may rrnke necessacy that any person rules fer sirh sclools "1D drives tbe "'hicle nust or est!blislnrents. Tu be in complete cmnul of the efforts shall be made to vehicle to re able to iJ11)!'0\C the q.iality of minimize the risk of an driving training by accident.

J"'cs:ribing detailed It is submitted that only curriculum as '"'ll as accreditoo dri\ing the infrastructure and schools should be autbcrized trainer req.1ireirents by to inµut training to tbe tbe D:hing Training

learrers and recomren:I the. Schools. grant of perrmrent licen'>eS.

Such institutions nust h:m~ dri\ing teachers (a) witb not less tban 10 years' experience: (h) who ha'" experience in driving all kinds of vehicles; ( c) \\>110 have tbe tbe requisite learning "'hicle; ( d) \\OO have adcq.Jate facilities and take suitable n1.miier of tests before tbe final license by a public autbmity slnuld only be qx>ll recommidation of such an aocredited licensing institution Convuterized dri\ing tests sllOuld be rescrted for checking d'iving skills.

Order proposed: The Giwnm:nt of India and tl:e State Goveron:ents nny be dim:ted to take such steps as recomn:ended by the Con:nnittee on Rood Safety in a tin:e bound mumer to ernu:e illlJl'OVenllnt in the qwlity of dri\er training and licensing (including empha'iis m lane dri\ing) a; ""11 as in tho infiasnucture and the Uai1:er reqiirareots.

xiii

iv

Lane Driving: 1l1is Court 1nay issue a direction that all the State Gove1nment would issue a tnandatol)' circular that Jane driving \.Vil I he strictly insisted upon in all parts of thi$ counny.

Further, overtaking shaO be ooly according to the protocols which are devised for the said purpose and contravention 1nay even resnlt in fotfeiture of his or her license.

Rood Safety Equipment: All the State Govem1nenL"i will take steps to ncquire and use catncras rn1d other surveillance cquip1nent according to tl1e nonn~ suggested by the Ministry of Home Affairs to check and detect traffic violators.

Further, this Hon'ble Court 1nay direct that special patrol forces along the National Highways.

Expressways and the S~1te Highways be established. Tiie States 1roy also be directed to take the following action'i to the satisfaction of the UJ1runittce on Road Safety:

(A) Fonnulate and enforce a policy for the removal of all hoardings and objects which obstnict d1iving or distract drivers.

(B) Fonnu1ate and enforce a policy for dztection and rcn1oval of encroaclm1ent on all pedt1ian path which v.till cutl'ie any hindrance to pedcslrians and vehicles.

(C) Issue a direction that all driving licenses will be suspended for a period of at least one year under Section 19 of the Motor Vehicles Act and Rule 21 of the CM\' for over speeding, red-light ju1nping. use of cellular phone while dJ.iving. over loading, and using goods caniage for

Ministry of Rood Order proposed: Transport & The State Highways has Governrnents/ already notified UTs n1ay be Mater Vehicles directed to strictly (Dliving) implement Motor Regulations 2017 Vehicles (Diiving) vide G.S.R 634 (El Regulaticns 2017 dated 23"' Jtme notified vide 2017 which

G.S.R 634

(E) rmndates the lane dated 23rJ Jmc driving and also

20 I 7 which provides for the 1nandates the lane f!'Olocol for driving ard also ove1taking. provides fer I.he

Bureau of Police Research & Develq11ncnt

(BPR&D) had

ernred a repo1t in consultation with Statcs/UTs on the nonns for the number of Traffic Police and also for the Equipinent for identifying violations of traffic

la\VS with reference to vehicle 1x:.pulation of that

City/State and submitted the same to the Committee rn Road Safety in the rnonth of September, 2015.

Further, Committee on Rood Safety has fo1wardcd the report to all States!UTs on 3ffh

November. 2015 (copy attached in Annexure-Il)

protocol for overtaki112.

Order Proposed: All the State Goverrnnents/UTs may be directed to take steps to acquire and use cameras and uth1.."T surveillance equipment according to the nonns suggested by the Ministry of Ho1ne Affairs in a phased tnanncr to check and detect traffic violators; and may further be directed to set up special patrol forces along the National HighWdyS.

Expressways and die State Highways.

This may be done in consuJtation wit11 and to the satisfaction of the Corrunittee Road Safety. on

fenving passenrs. •

L-~~~·~~-~-~~~-~~~~~~~~~~~~~--~~~~~~~~---

DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 529

[MADAN B. LOKUR. J.]

xv Alcohol and Road Safety: As Minist1y has Order proposed: per the order dated I sh Mitten to the States No further orders December 2016, by a judicial vide letter dated6"' are required at this order passed in (State of April, 2017, for stage.

The Tamil Nadu v. K. Balu, compliance of the statement made by

(2017) 2 sec 281) rl1is orders of the the Government of Hon'ble cmnt prohibited the 1-lon'ble Supreme lrxlia may kindly grant of licences for the sale of Court. Ministry of be taken on record liquor along national arxl state Home Affai1> had arxl ordered highways and o"'r a distance issL>::d an adviso1y of 500 metres from the outer on road safety and edge of the highway accidents to all rl1e throughout the territoty of State&IUTs on 17'" India. This Hon'ble Court may December, 2015, ti.nther direct the State advising for snict Govem1nents to ensure that the enfOrcenient of said prohibition inposed by provisions of !PC this Hon'ble Cou1t be and MY Act to effectively implemented. prosecute and Further, three fmmd d1i\1ng punish persons under the influence of alcohol causing injury or . should be prosecuted under the death in offences Motor Vehicles Act, I 988 as related to road well as under the Indian Penal safety (detail Code, 1860 within a tinle attach!d in period fixed by this Hon'ble Annexuro-111).

Court. xvi Rood Safety Education: The Ministry of Order Pursuant to recommendations Road Transport & proposed:Tlris of the Committee m Road Highways is in Hon'ble Court Safety, Road Safety Education agreement with tl1e 1my fwther direct has already been included by suggestion. the State CBSE in school curriculums.

C'..ovemment&IUTs This Hon'ble Comt 1my to ensure that further direct the State Road Safety Govemn1ents to ensrne that Education and Road Safety Education and C.ounselling is Counselling is also also ircotporated incotporated into t1~ into the curriculum of the State Boards. curriculum laid oown by the State Boards by

I"' April, 2018.The statement made by the Government of India 1my kindly re taken on record arxl ordered

Speed Goveroors: It i' ( Mini>11y <f Rm! prayed that Slate ' Tran; port & Highmiys Governments he diro:tcd I ms already is:, uxl to take steps to ensire 91idelines for fit1rent of that appro\\XI s-peed 3J:Pmved Speed Limited GovemoIB ai~ frtt<Il in O:vice (speed govemoIB) the existing tran.; JX1!1 m rt vehicles. The vehicles and given suggesticn to upload the Uni<pe ldcntification llique klentificatim Nurlier. Tht:se nunrns Nunber of the Speed should be uploaded in the Givemor in the V AHAN VAHAN llitahise almg cbtata"' is accqtaHe. \\ith the details of the vehicle. TI~ iffitru:::tiorn is..'\uerl by (', Q111nittee on 1

Rrnd Safety in this rcgaid I 1ruy kindly bc di11.xted to

 l(Vu; ::.;~~

11 °''-redicaihrespeciof the Trauma C.n: As fur as I Gire Program"C bciqi Cll'CJgency is nrpemented by Ministiy oonccm<rl, this Hon'l>e , <f Health & Farrily O:urt nny direct tmt the W!lfru,,, a tctal mmier State Givemm.'llt shall <f 116 Trau1rn Gire establish for eveiy Facilities (fCFs) -~ District at least one I idct•ified 111d awroved Tmunn Olre Centre \vith duing the 11 • Fhe Year all mJdem 1redical flan (FYP) and 81 TCFs facilities, an:l '1!rbulances \\ere identified dining the equipped \vitll fi1't-aid 12'h FYP. It 1my further facility 1m1ncd by I ho nutioned that \\ith trained I'Xilli-nlXiical taff l"C£i:ll'd to trdined par.t- 'hould alw be nme nulical staff for availal:le I arrbulanccs, the ltogrannr Dimiol\ the Dircctcr Gencral of

Hoalth Sa-vices ha.5 developed tbc Preluspital Tra1J1m

'I Technician Cotmsc CU1icu11J111. and the training is bci Ill mOCrrnkcn in the three Qntral Gi\ennrcnt Hosptals of O:lhi. ' llllOCly Safdnjurg

(2017] 13 S.C.R.

Order pll\l(JSed: State Gaverrnrents he direct<Il to take stCJE to emure that "Pl''°'ed spew Glvernoo; !l"C fitted in the existing transport ve!icles and ghen Unique Tdentificatim Nmrlier. Th:se mniiers should he uplooded in the V AHAN Dital:ese along "ith the de1ails of the vehicle.

The instructions i&soo:l Coimlittee on Roo:l Safety in this regard llllY kindly be dilt!Cted to be strictlv folJcm<Il. __ Oller proposed: This Hon'ble Cbut 1my diroct tmt the State Govem1rent shall estoolish fur

C"'1)' Disnict at least one Tm11m Oire Centre \vith all m>dem mxlical facilities, an:l rurbulances equipped "ith fot-<1id fuci!ity manred trained {'lt"- n"Cdical staffsluuld also be mid: available. fu1her, District

strates <f ""-"IY district 1my he direct<rl to ensure that sufficient JXJliicity is given in respect of cxistiqi fucilitie&

I Hosfital, LHMC ruld l::t. [_ ---·--· _j~ H<hpital-si_oc_e~------·-

xix

xxl

[MADAN B. LOKUR, J.]

Unhersal Accident Hflpline Number: This Hon'ble C'nurt 1my be pl eased to olilir lhat tha"c shall be cne Uni""'31 Acx:ident Helpline Nw1:tier "'1ich should be

estal:i ished by the Dqlart1rent of T eleconnunication throll!hrut the country.

Further, a universal code fer arrb.ilanxs should be notified by the M<RlH

Penmnett Road Safety Cdl: This Hon'ble Crut 1my direct lhat Natioml Higmays Aulhaity of India 1rust lnve a penmnent Rm! Safcty C'.cll cmsisting of suitable engineers and q.ialified pen; onnd and \\hich shall be c;1ablished on er before 30"' SeJteni:>er, 2017.

Data Coll"tion: llis Hoo'hle Crurt troy direct that a conwteriw.l f mmt be rr"fllred by the MoRTH for collecting rood accident dita

thro~ lhe coun!l)I and data so oollected should be nmc µiblic so that even m.'tli:>ers of tlic public oould pur.rue rcnmial actions cr research.

The National Health Mission ah-eacy ir<Mdcs for a all! centre nun:ber (108), \\llich is being cxternively used in the States for nxrlical eirerg,'tlcies indudirg acci"""1s. The ani:>ulanx

services are a1so cperatioml in 1m<t of the states tlmmgh this call oettre ruii:><r (108).

The Mini; try of Rood Transport & High\v.iys is in agreamnt with the

&Ugge5.tiffi.

Mini>ily of Rood Trdll5]10rt & Highways as v.<:ll Natiornl Highways Authority of hla have c;1ablished rood safety engineering cells. All the States!Ufs lnve also been requested to establish Rood Safety Engineering Cell in their Natiooal High\wys Directcrate; by Minc'itJy of Rood Tr!lll5]10rt & High"""· MiniS!l)I of Rood Trarnport & High'Mlys Ins already C\olved a now fmnat for reccrdirg accid:nt data & report. 1l1e fonmt is embled for ca'l'utcri2ed data enny.

State Gove1111rnt I Ufs lnve been '6ked to take fUT1hcr a::ticm to col lcct and report the data in new fonmt 1re Mnb1ly has hem 111aki ng the data µiblic for infrnmtion of all lhe ; tlkehllcbs.

Order Pr<posed: Tho Slate Cb=rcnts/Ufs 1my be directed to .trerg!hen tbe occid:nt helpline m.url:ier by pro,; ding adeqJate fucilities.

Tho Slate C"'vennrents that ha"' not ITTJde ani:>ulanoe services nitiom.I n11y be directed to m so by 31" March 2018, ard to linth:::r dcvdop a code'n1'th<xl to utilize servicx:s of all arnbularrcs in the area Order~: Tho oells have been set 14' and no lintber md:rs are required at ire; ent Tho statement made by tl1c Govennrent of India 1my kindly be taken on reconl and ordtmi.

Order proposed: Ni linther onlors are required at this stag" H::)\.\ever, it 1my be dirocted lhat the said fonmt cwl \<XI by 1he MinL<try be strictly followed TI1e ; tatcnmt mule by tlie Govellllrent of India nny kindly be taken on reconl and """"'1.

A xx ii

xxiii

XXi\'

GPS: Jt is sub1nitted that it has been fourx:I that use of GPS and GIS niapping: cncotD"agcs safety OOth for drivers and passengers. l11crcforc, it is prayed that a direction be issued to all car nmufactures that with effect front J'1 January 2018 tl1ey would ensure that all vehicles are in.tailed with GPS and GTS.

Bus/Truck-Body Building Code: l11is Hoo'ble Court nny direct tliat MoRTH nny take suitable steps to notify Bus/Truck-BOOy Bui !ding Code so that hencetOrth buses arxl trucks OOilt on different cha'isis arc not found wanting in security airl safety features.

ABS, Air Bags and Headlights: It is prayed that a direction be issued that in every nlOOcl of car sold in India there shall be Anti-Lock Braking Systen1 a1xl air bags. Further a directicn be issued that all n.vo- \Vhccler n1<1.nufacturer \Vill take recourse to

Ministry of Road Transport & Highways has already no ti tied vide

G.S.R.

No. 1095

(E) dated 2s• November 2016 niarxlating the titincnt of \t:hiclc location tracking de\ice and en1ergency button in all public service vehicles exceit two \vh:elers., ericksha\v, three \vheelcrs and any transpm: vehicles for \vhich no permit _is required under the Motcr Vehicles Act, 1988.

Fitnnt of GPS devices on other vehicles would be considered in due course since this would put additional cost burden on the vd1idc o\\ncrs in tenns of oost of the GPS ""llinment.

Order proposed: This Hon'ble Court may direct that an public

servic~ vehicles shall be titted with location tracking device as matt ioncd by Go! and the said notification be strictly llnplenJented.

The statement 1nadc by the Government of India may kindly be taken on reccrd and ordered.

Bus Body Code: Order proposed: No Ministry of Road further orders are TranSJXlrt & High\\ays required at this stage. has already notified the The statement made by bus body code vide the Government of India G.S.R No. 287 (E) dated may kindly be tikcn on 22"d Apri I 2014. reccrd and ordered.

Truck Body Code: !vfinistry of Road Transrort & High\\'llys has already notified the truck body code vide

G.S.R.

No. 1034

(E) dated 2"' November 2016 for vehicles regi&ered on or after 1' 1 Octolxr 2018.

ABS: Ministry of Road Orden proposed: No Transport & Highways further orders are has notified for the required fitrnent of ABS in rrnccr cycles vide G.S.R No. 3 to (E) dated 16'' March 2016 and for fotr wheelers vide G.S.R. No. 120

(E) dated 1 o•• February 2017 for ne1.\' models on or after 1"

xxv

[MADAN B. LOKUR, J.]

"Automatic Headlights On' sysrems. It is prayed that a direction be issued that the State Govcmincnt inust not allow vehicles with in1ix:rnlissible headlights to ply.

Crash Test: lt is respectfully submitted that in vie\V of the doubtful crash test of all the LMVs. crash test in Proper condirirns rnu11t

be undertcl<.cn in respect of LMVs by laboratories tlurt: are accredited. It is submitted that this Hm 'ble Court nuy further direct that all vehicle testing agencies in India should be internationally accredited I reCOblilized to ensure that crash tcslli are genuinely and sincerely undertaken having ut1rost regard to the wlue of human life.

This may be done by 1" April 2018. ·

April 2018 and for existing nlOdcls on or after

1" April 2019.

Air Bags: Ministry of Road TranS'J'Olt & Highw.iys finalized a stan<lard AIS-145, which is being notified. l11is stardard would 1mndate fiu11ent of Air Bags on all the

LMV passenger vehicles.

Automated Headlights On: .. Ministry of Road Tnutspert & Highways has notified vide:o.s.It-. No.:

188 (E) dated 22.02.2016 for iitment of 'Automated Headlights Oa' (AHO) in two vmeelers n1anufactured on or after

I" April 2017.

The crash tests for all rlle Order proposed: Light Motor Vehicles No further orders (LMVs) have been are necessary at notified by the Ministry this stage. for itnple1ncntation. n1c The state1ncnt tests are to be conducred made by the only by tllc testing Govenu11Cnt of agcn:ies notified under India 1nay kindly Rule 126 of tlic Central be taken on record Motor Vehicle Rules, and ordered.

1989. 111e agencies are required to have their testing facilities accredited by National Accreditatirn Board for Testing and Calibration

Lalx>ratocics (NABL).

The Ministry has issUt.>d

S.O. 1139

(E) dated 28.04.2015 and S.0. 2412

(E) dared 03.09.2015 ainending the Central Motor Vehicles Rules, 1989 (CMVRs) notifying the following crash standards: -

Standards Date of collvtl"1cement /validitv Recpirenrnt New fcr bel>1viour Midelsof steering 1.10.2017 nrchanism of All B

a vehicle in a Midels- Head-On Ol.10.2019 Collision "' per

AIS c

0%2008

Protecti en of New Modelsoccupants in l.I0.2017 the event of an All Modelsoffset Frorial 01.10.2019 Collision as per

AIS D 098/2008 -- Approval of New Mirelsvehicles with 1.10.2018 regiird to tl1e All Models- Protecticn of 01.10.2019 O::cuparts in E the event of a Lateral Collision "' per

AIS 099!.2008 Approval of New Mxi!ls- F Vehicles with 1.10.2018 regwd to the All Models- Protecticn of 01.10.2020 Pedefilian and i

other Vulirrable

Rood Usa-s in the event of a Collision with

a Motor Vehicle a• per I

AIS 100'2010

DR. S. RAJASEEKARAN (ID v. UNION OF INDIA & ORS. 535

(MADAN B. LOKUR, J.]

17. We have heard learned Amicus Curiae as well as learned A Additional Solicitor General. They have taken us through all the suggestions made and the response of the MoRTH to these suggestions.

In view of the submissions, and keeping in mind issues of road safety and the interest of those who may be unfortunate victims ofroad accidents, we issue the following directions:

I.Road Safety Policy: Most of the State Governments and Union Territories have already framed a Road Safety Policy.

Those that have not framed such a policy namely Assam.

Nagaland, Tripura, Delhi, Lakshadweep, Dadra and Nagar Havcli andAndaman and Nicobar Islands, must now fonnulate the Road Safety Policy by 31'' January, 2018. All States and Union Territmies are expected to implement the Road Safety Policy with all due earnestness and seriousness.

2.State Road Safety Council: All States have already constituted a Road Safety Council in terms of Section 215 of the Motor Vehicles Act, 1988.

The Union Territories of Daman and Diu, Dadra and Nagar Haveli and Andaman and Nicobar Islands have not constituted the Road Safety Council as yet.

We direct these Union Territories to constitute the State Road Safety Council on or before 31" January, 2018. The responsibility and functions of the Council will be as recommended by the Committee on Road Safety. The State Road Safety Councils should periodically review the laws and take appropriate remedial steps wherever necessary.

3.Lead Agency: Only a few States have established the Lead Agency as recommended by the Committee on Road Safety in its communication of23"' December, 2014. The States and Union Territories that have not done so should establish the Lead Agency on or before 31"January,2018 in terms of the recommendations made by the Committee on Road Safety. It may be mentioned that the Lead Agency will act as the Secretariat of the State Road Safety Council and coordinate all activities such as licensing issues including issues of driving licences, registration of vehicles, road safety and features of vehicles, along with other allied matters including emission norms and other activities as mentioned in the communication dated 2J•d December, 2014.

4. Road Safety Fund: Some of the States have already established a Road Safety Fund. Those States and Union Territories that have not yet established the Road Safety Fund should do so not later than 31" March, 2018 and report back to the Committee on Road Safety. The corpus of the Road Safety Fund will be from the fines collected for traffic violations and the Fund will be utilized for meeting expenses relating to road safety.

5. Road Safety Actfon Plan: The purpose of a Road Safety Action Plan is to reduce the number of road accidents, as well as the fatality rate. ''r-he MoRTH has already requested all the States and Union Territories to prepare a Road Safety Action Plan but it appears that the response to this has been somewhat lukewarm. The State Governments and Union Territories are therefore directed to urgently prepare a Road Safety Action Plan by 3 l" March, 2018 and put it into action after giving it due publicity.

6. District Road Safety Committee: A District Road Safety Collll1!littee is required to be set up by the .State Government for every district in tenns of Section 215(3) Mthc Motor Vehicles Act, 1988. As suggest<!\!. by the learned Amicus and agreed to by the MoRTH, the District Road Safety Committee should be put in place by 31" January, 2018 and should be headed by the Collector of the District and should include amongst others the Superintendent of Police, Health Officers, Engineers of the Public Works Department, representatives of the National Highways Authority of India, the Road Transport Officer of the District and members of civil society from the District. The District Road Safety Committee must hold regular and periodic meetings to review road safety issues and take corrective measures.

7. Engineering Improvement: It appears that one of the main G reasons for road accidents is the poor quality of roads, improper design. etc. The MoRTH is of the opinion that the protocol for road desii,'11 and identification ofblack spots needs to be reviewed and enforced. Accordingly, it is directed that the MoRTH should publish a protocol for identification and rectification ofblack spots

[MADAN B. LOKUR, J.]

and take necessary steps for improving the design of roads to make them safe.

8. Traffic Calming Measures: It is suggested by the learned Amicus that traffic calming measures must be adopted at accident prone areas. This is agreed to hy the MoRTH. However, such measures will need to be studied and then put in place. This is an on-going exercise which must be carried out by the Road Safety Committee with the assistance of the MoRTH and other stakeholders.

9. Road Safety Audits: There is agreement, in principle, between the learned Amicus and the MoRTH to carry out Road Safety Audits. However, there appears to be a dearth of qualified auditors in Road Safety Engineering. The MoRTH supports the idea of capacity building. It is, therefore, directed that necessary steps be taken by the Committee on Road Safety as well as by the MoRTH to work in this direction since there can be little doubt that an audit of road safety is essential to reduce the possibility of road accidents through corrective measures.

10. Engineering Design of New Roads: The MoRTH is of the view, and the learned Amicus is also in agreement, that the Road Safety Audit as mentioned above should include the design stage audit of new road projects of 5 kms or more, rather than being based on the cost of the project. It is ordered accordingly.

11. Working Group on Engineering: The Working Group on Engineering (Roads) has already submitted a Report which is available with the Road Safety Committee as well as the MoRTH.

This Working Group was constituted pursuant to the decision taken in the meeting of the 12"' National Road Safety Council held on 25"' March, 2011. The recommendations of the Working Group should be implemented in the terms prayed for by the learned Amicus as well as those accepted by the MoRTH. These will, of course, be in the nature of interim directions since the National Road Safety Board is likely to be created as proposed in the Motor Vehicles (Amendment) Bill, 2017.

12. Drivers' Training: This is the subject matter of the Motor Vehicles (Amendment) Bill, 2017 and no orders are required to be passed in this regard.

13. Lane Driving: The MoRTH has already issued Motor Vehicles (Driving) Regulations, 2017 vide GS.R. 634 (E) dated 23n1June,2017.

l:J

The Notification should be implemented by the State Governments and U111ion Territories strictly.

14. Road Safety Equipment: The Bureau of Police Research and Taining has already prepared a Report on the subject and has submitted it to the Road Safety Committee in September,

2015. The recommendations in the Report should be implemented including acquisition of cameras and surveillance equipments in detecting traffic and identifying violators. [t is also necessary to set up special patrol forces along the National Highways and State Highways for which necessary steps must be taken by the State Governments and Union Territories.

15. Alcohol and Road Safety: The MoRTH has already written to the States to comply with orders of this Court in this regard. 1 he MoRTH may issue further advisories in this regard on a quarterly basis during the calendar year 2018 so as to serve as a reminder to the State Governments and Union Territories to implement the directions of this Court.

16. Road Safety Education: The learned Amicus as well as MoRT}! are in agreement that road safety education and counselling should be incorporated in the curriculum by the State Boards by 1" April, 2018. It is directed that the State Governments may seriously consider this recommendation and include Road Safety Education and Counseling as A part of the F school curriculum at the earliest.

17. Speed Governors: Guidelines in this regard have already been issued by the MoRTH. The MoRTH has agreed to upload the Unique Identification Number of the speed governors in the VAHAN database. This should be followed up by the MoRTH G with expedition.

18. Emergency Medical Care: There is agreement that at least one Trauma Care Centre should be set up in every district with necessary facilities and an ambulance. The State Governments and Union Territories should take up this H recommendation at the earliest since it is on record that treatment

DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 539

[MADAN B. LOKUR. J.)

soon after a road accident is crucial for saving the life of the A victim. In this context, it may also be mentioned that this Court has issued certain directions in Pt Parmana11d Katara v. U11io11 of India' which should be followed.

19. Universal Accident Helpline Number: The MoRTH has stated that there is already a call centre number, that is, I 08 B provided by the National Health Mission. Due publicity must be given to this so that an ambulance can be activated at the earliest whenever necessary.

20. Permanent Road Safety Cell: All State Governments and Union Territories have already been requested by the MoRTH c to set up Road Safety Cells. The State Governments and Union Territories should establish Permanent Road Safety Cells by 3 I" January, 2018.

21. Data Collection: The MoRTH has already taken steps for recording accident data and reports through computerised data D entry. The State and Union Territories have been asked to take further action in this regard and make the data public for the information of all stakeholders. This needs to be followed up and no further orders are necessary in this regard.

22. GPS : The MoRTH has already notified vide GS.R. No.

E 1095 (E) dated 28ili November, 2016 mandating the fitment of vehicle location tracking devices in all public service vehicles subject to some exceptions. Since this has cost implications, the MoRTH may assist the State Governments and Union Territories to ensure that to the maximum extent possible and within the shortest time frame, location tracking devices must be fitted in F all public service vehicles as notified.

23. Bus/Truck-Body Building Code: This has already been notified by the MoRTH with regard to buses vide G.S.R. No. 287 (E) dated 27ili April, 2014 and with regard to trucks vide GS.R. No. 1034(£) dated 2'"November, 2016. No furtherorders G are necessary in this regard.

24. ABS, Air Bags and Headlights: The MoRTH has already notified for fitment of ABS in motor cycles vide GS.R. No. 31 O(E)

' (19891 4 sec 2&6 H

dated 16" March, 2016 and for four wheelers vide G.S.R. No. 120(E) dated 10"' February, 2017. As far as air bags arc concerned a standard AIS-145 has already been notified. As regards automated headlights, the MoRTH has notified vide G.S.R. No. I 88(E) dated 22'" February, 20 ! 6 for fitment of "Automated Headlights On" in two wheelers manufactured on or after I" April, 2017. No further orders are required in this regard except the faithful implementation of the various notifications issued by the MoRTH.

25. Crash Test: This too has been notified by the MoRTH and the test for all light motor vehicles is required to be conducted by the testing agency notified under Ruic 126 of the Central Motor Vehicles Rules. 1989. No further orders are required in this regard except the faithful implementation of the notifications and crash standards issued by the MoRTH.

18. We make it clear that the directions given above arc those that have been greed upon by the parties before us and are in addition to and supplement the directions already given in S.Rajaseekaran v.

Union of lndia12 We commend the efforts put in by the learned Amicus Curiae and the Justice K.S. Radhakrishnan Committee on Road Safety.

We are confident that the directions given above, at their instance and with the support. cooperation and assistance of the MoRTH, will save thousands oflives in road accidents and crores ofrupees in compensation payable by the insurance companies - provided the directions are faithfully and sincerely complied with.

19. We also make it clear that if there is any doubt or clarity required in implementing the directions given, the concerned State Government or Union Territory is at liberty to move the Committee on Road Safety.

20. We may note that none of the directions given by us or the directions given earlier by this Court are difficult to comply with. In this connection, we may draw attention to the excellent document prepared by the Committee on Road Safety and the MoRTH titled "Consulting Services to Audit the Imple111entation by the States of the Directions Issued by the Committee on Road Safety - Group 4- Final Report" concerning Haryana prepared in September 2017. The Report has

'r2014l 6 sec J6

DR. S. RAJASEEKARAN (II) v. UNiON OF INDIA & ORS. 541

[MADAN B. LOKUR, J.]

received considerable support from the Delhi Integrated Multi-Model A Transit System Limited (DIMTS), Transportation Research and Injury Prevention Programme (TRIPP), HT-Delhi and The Energy and Resource Institute (TERI). It would be worthwhile if similar reports are prepared and published so that roads all over the country are rendered far safer than what they arc today.

21. List for further proceedings on 7'" February, 2018.

Nidhi Jain Directions issued.