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 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 of life 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 of lives 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 December 2011 by the,,,,
Ministry of Road Transport and Highways in its publication captioned `Road Accidents in India 2010'' 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 of 25-65 years.,,,,
3. Since the petitioner has no personal 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 22nd April, 2014 constituting a Committee on",,,,
Road Safety under the Chairmanship 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 of India on 30th May, 2014 and orders finalizing the terms and conditions 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 15th/16th 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 10th 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 the fact that the number of deaths due to road accidents in the country was said,,,,
to be over 100,000 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 31st 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 of India. We are mentioning this fact only to highlight the casualness with which the Government,,,,
of India was taking the 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.,,,,
10. In the hearing on 26th August, 2016 we noted that in 2014 the number of 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 7th 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 19th September, 2016 we noted that in the meeting chaired by the Secretary of the MoRTH convened on 2nd September, 2016 (instead",,,,
of 7th 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,,,,
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 7th 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",,,,
S.
No.","Issue contained in note of
Amicus Curiae","Views by Ministry of Road Transport
& Highways",Orders prayed by the AC,
i.,"Road Safety Policy: Every
State Government shall
implement State Road Safety
Policy formulated as a result of
the intervention of the Committee
on Road Safety. The said Policy
may be notified in the gazette
and brought into existence w.e.f.
1st September, 2017, if not
already done so.","Ministry of Road Transport & Highways
is in agreement with the suggestion.
All the States/UTs except Assam,
Delhi, Nagaland, Tripura, Lakshadweep,
Dadra Nagar Haveli and Andaman &
Nicobar have already formulated their
Road Safety Policy.
The States / UTs which have not
formulated the Road Safety Policy, have
been requested to formulate the policy
on priority basis.","Order Proposed: The States /
UTs which have not formulated the
Road Safety Policy may be
directed to formulate the policy on
priority basis, latest by 31st
December 2017. The statement
made by the Government of India
may kindly be taken on record and
ordered.",
ii.,"State Road Safety Council: All
State Government (except
Nagaland) have constituted State
Road Safety Council as required
under Section 215 of the Motor
Vehicles Act, 1988 and directed
by the Committee. The said
Council must undertake periodic
meetings to review the actions
and implementation of road
safety laws and submit suitable
reports to the competent
legislature and the Committee on
Road Safety.","Ministry of Road Transport & Highways
is in agreement with the suggestion. All
States / UTs except Daman & Diu,
Dadra Nagar Haveli and Andaman &
Nicobar have already constituted State
Road Safety Councils.","Order proposed: All States / UTs
except Daman & Diu, Dadra Nagar
Haveli and Andaman & Nicobar
have already constituted State
Road Safety Councils. The others
may be directed to constitute the
same as per the
recommendations of the
Committee on Road Safety.
The Statement made by the
Government of India may kindly be
taken on record and ordered.",
iii.,"Lead Agency: Each State
Government may be directed to
establish a Lead Agency as
required by the Committee on
Road Safety headed by a senior
officer and with adequate staff to
be solely dedicated to matters
relating to licensing, issuing of
driving licences, and registration
of vehicles, road safety, and
features of vehicles, pollution and
other allied matters.","Ministry of Road Transport & Highways
is in agreement with the suggestion.
Ministry held review meeting with the
States to review the implementation of
the directions of the Committee on Road
Safety from 27th to 30thJune, 2017. The
States / UTs were requested to
establish Lead Agency and depute
adequate, dedicated and professional /
technical staff. Few States viz.
Chhattisgarh, Daman & Diu, Haryana,
Jharkhand, Jammu & Kashmir,
Nagaland, Rajasthan, Tamil Nadu have
already established the Lead Agency.","Order proposed: The States /
UTs that have not established
Lead Agency, as defined and
required by the Committee on
Road Safety and depute adequate,
dedicated and professional /
technical staff may be directed to
do so by 31st December 2017 as
per the standards set by the
Committee on Road Safety. The
statement made by the
Government of India may kindly be
taken on record and ordered.",
iv,"Road Safety Fund: Pursuant to
recommendations of the
Committee on Road Safety all
the States have commenced or
completed action to set up a
Road Safety Fund with assured
flow of money as desired by the
Committee. However, in such
States where it has not come
into place it must come into
effect w.e.f. 1st September 2017.","Ministry of Road Transport & Highways
is in agreement with the suggestion.
Some of the States viz. Bihar,
Chhattisgarh, Himachal Pradesh,
Jharkhand, Kerala, Madhya Pradesh,
Puducherry, Rajasthan, Uttar Pradesh
have established dedicated fund as per
directions of Committee on Road Safety.
During the review meeting held by the
Ministry, the remaining States / UTs
have been requested to create the Road
Safety Fund as per the directions of the
Committee on Road Safety.","Order Proposed: The States
/UTs that have not constituted the
Road Safety Fund may be
directed to establish the same as
soon as possible and not later
than March, 2018 and report to the
Committee on Road Safety. The
statement made by the
Government of India may kindly be
taken on record and ordered.",
v,"Road Safety Action Plan:
State Governments may be
directed to formulate and notify
Road Safety Action Plan" with
an annual target for reducing
road accident with effect from a
date not later than 1st
September 2017.","Ministry of Road Transport & Highways
is in agreement with the suggestion.
During the review meetings held by the
Ministry, the States / UTs have been
requested to prepare the annual target
based Action Plan to reduce accident &
fatality rate in pursuance of directions of
Committee on Road Safety.","Order Proposed: The States /
UTs may be directed to prepare
the annual target based Action
Plan to reduce accident & fatality
rate in pursuance of directions of
Committee on Road Safety and
the report to the Committee.",
,,,,
,,,,
vi,"District Road Safety
Committee: All State
Governments may be directed to
constitute District Road Safety
Committee headed by the
Collector of the District which will
fix targets for reduction in
accidents and fatality dependent
upon peculiar facts of the
District. As suggested in the
written Note, District Road
Safety Committee could include
Superintendent of Police, Health
Officers, PWD Engineers,
representatives of NHAI and RTO
of the District.","Ministry of Road Transport & Highways
is in agreement with the suggestion.","O r d e r proposed: State
Governments may be directed to
constitute District Road Safety
Committee headed by the
Collector of the District as soon as
possible lay down responsibilities
o f said committees, including
regular and periodic meeting and
report to the Committee on Road
Safety. The statement made by
the Government of India may
kindly be taken on record and
ordered.",
vii,"Engineering Improvement:
The Amicus Curiae submits that
one of the main reasons for
accidents is poor quality of
roads, improper design,
inadequate curve, inadequate
depth and inadequate angle
which need to be maintained at
crucial junctions. At the instance
o f the Committee on Road
Safety, the MoRTH has set up
protocol for identification and
rectification of black spots. The
said protocol for rectifying black
spots for better road safety is
annexed herewith as Annexure
„B? pages (28 to 29). This
Hon''ble Court may be pleased to
direct that the same be enforced
into immediate effect by the
NHAI, the Ministry of Road
Transport & Highways of
Government of India as well as
the PWD Departments of all
State Governments as well their
contractors. It is important that
the same is also enforced in all
expressways being constructed
on PPP mode.","The Ministry is in agreement with the
suggestion. However, the protocol has
to be reviewed and updated from time to
time based on the experience gained.","Order proposed: Protocol for
Identification and Rectification of
Black Spots prepared by MoRTH
at the instance of Committee on
Road Safety may be directed to
be implemented by all concerned
including NHAI and State
Governments in consultation with
the Committee on Road Safety.
It may be clarified that the said
protocol would be reviewed and
updated by MoRTH annually
based on the experience gained.
The statement made by the
Government of India may kindly be
taken on record and ordered.",
viii,"Traffic Calming Measures:
This Hon''ble Court may further
direct the State Governments to
adopt Traffic Calming Measures
at accident prone areas,
junctions of lower hierarchy
roads and other vulnerable spots
like schools, hospitals, etc.","Ministry of Road Transport & Highways
is in agreement with the suggestion.","Order proposed: This Hon''ble
Court may direct that the State
Governments should adopt Traffic
Calming Measures at accident
prone areas, junctions of lower
hierarchy roads with higher
hierarchy roads and other
vulnerable spots like schools,
hospitals etc., and submit district
wise compliance reports to the
Committee on Road Safety, as per
the directions of the Committee on
periodic basis. The statement
made by the Government of India
may kindly be taken on record and
ordered.",
,,,,
,,,,
ix,"Roads Safety Audits: This
Hon''ble Court may direct State
Governments to carry out road
safety audits during design,
construction and operation of
roads and also in respect of
existing roads within a specified
time frame. This audit must be
carried out by auditors
accredited by National Road
Safety Audit Board. This
National Road Safety Audit
Board must consist of Senior
Officers of the NHAI, MoRTH, of
respective State Governments as
well as Road Safety Experts who
are trained Road Safety
Auditors. It is respectfully
submitted that if roads were
properly constructed and
maintained in this country, as is
d o n e in many overseas
countries, road accidents would
be much less.","In-principle, the Ministry is in agreement
with the suggestion. However, there is a
deficiency of qualified auditors in road
safety engineering in the country. Efforts
are being made by the Government to
build capacity, by way of organizing
workshops on road safety engineering,
road safety audit certification courses
etc. It would take some time to build up
capacity in the field of road safety audit.
Therefore, States may be permitted to
set their own targets for completing the
road safety audits, as per the guidelines
issued by the Ministry from time to time.
With regard to the recommendation of
accreditation by National Road Safety
Audit Board, it is stated that a proposal
to create a National Road Safety Board
has been incorporated in the Motor
Vehicle (Amendment) Bill, 2017. The bill
has been passed by Lok Sabha. The
proposed Board will deal with all
aspects of the road safety.","Order proposed: This Hon''ble
Court may be pleased to direct the
Central Government to:
(i) Conduct audit of 2 most
accident prone stretches of
highways/expressways in each
State as a pilot programme, and
present strategies for reducing the
accidents;
(ii) build capacity and train at least
150 more auditors within the
period of next one year;
The State Governments/UTs may
be directed to train at least 25
such auditors within the period of
next one year, and thereafter
conduct audits.
The statement made by the
Government of India may kindly be
taken on record and ordered.",
x,"Engineering Design of New
Roads: It may be directed by
this Hon''ble Court that no new
road/project costing more than
Rs . 10 Crores should be
undertaken unless the design is
audited and the audit
recommendation are
implemented to the satisfaction
of the aforementioned National
Road Safety Audit Board.","The road projects costing Rs. 10.00
crore or more may be of different types
like re-surfacing of the road,
reconstruction of bridges / culverts,
construction of retaining walls for
protection of roads etc. Such projects
do not require the road safety audit.
Therefore, specifying only cost criteria
for carrying out road safety audits is not
appropriate.
It is proposed that the road safety audit
including the design stage audit should
be carried out for all road capacity
augmentation projects of 5 km or more.","Order proposed: It is prayed that
this Hon''ble Court may be pleased
to direct the road safety audit
including the design stage audit
should be carried out for all road
capacity augmentation projects of
5 km or more.",
xi,"W o r k i n g Group on
Engineering: it is prayed that
this Hon''ble Court may pass an
order directing that
recommendations of the Working
Group on Engineering as
directed by this Hon''ble Court
(marked as Annexure "C" pages
(30 to 38)) be implemented
forthwith as directed by the
Hon''ble Court.","The report of the Working Group on
Engineering (Roads) contains a detailed
background discussion. The
recommendations and suggested
policies are contained in Para 4 of the
Working Group Report. Many of these
recommendations are in the nature of
general comments.
In view of the above, appropriate
recommendations based on Working
Group Report which can be passed by
Hon''ble Supreme Court as directions
are brought out as below:
- Highways and urban road design
standards and guidelines will be made
consistent with the safety requirements
and in tune with the international best
practices on a continuous basis at
regular intervals.
- Road safety audits at different stages
should be carried out depending on the
size / type of the project for all the road
development projects.
- All road improvement projects including
resurfacing works should have provision
of signs & markings as per the
requirements.
- Adequate traffic calming measures
should be taken, wherever necessary, to
enhance safety of vulnerable road users.
- Existing stretches of National
Highways & State Highways not covered
in development projects on modes like
BOT/EPC should be subjected to Road
Safety Audits in phased manner through
a time bound programme.
- Recommendations of Road Safety
Audits should be implemented,
preferably within 2 years of submission
of audit reports.
- Standard Road accident recording &","Order proposed: This Hon''ble
Court may issue the following
directions as set out as below:
1. Highways and urban road
design standards and guidelines
will be made consistent with the
safety requirements and in tune
with the international 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 projects
including resurfacing works should
have provision of signs & markings
as per the requirements.
4. Adequate traffic calming
measures should be taken,
wherever necessary, to enhance
safety of vulnerable road users.
5. Recommendations of Road
Safety Audits should be
implemented, before further work
is undertaken on the road
concerned.
6. Standard Road accident
recording & reporting formats
should be evolved considering all
aspects of feasibility and
manpower resources and be
published as standard documents
for adoption by all authorities at
Central and State levels.
7. Specialized accident
investigation centres shall be
established to study a few
selected accidents using accident
reconstruction techniques etc.,
and the details to be preserved in
a data base.",
,,,,
,,,,
,,"reporting formats should be evolved
considering all aspects of feasibility and
manpower resources and be published
as standard documents for adoption by
all authorities at Central and State
levels.
- Specialized accident investigation
centres shall be established to study a
few selected accidents using accident
reconstruction techniques etc., and the
details to be preserved in a data base.
- Institutionalized system of database
storage and management should be
developed for road accident data. A
suitable web based electronic road
accident data collection/compilation
system shall be developed for
countrywide implementation.
- Centre of excellence for road safety
Research & Accident analyses should
be developed in academic institutions
across the country.
- Establishing synergy between various
stake holders (road authorities,
academia, enforcement authorities,
health authorities etc) in road safety at
central/ state levels is being strived
through National Road Safety Council
and State Road Safety Councils. These
should be strengthened and made
robust to deliver the intended results.
- Centre is extending support to Road
Safety Engineering improvements on
state roads through specific schemes to
act as benchmarks and models for
further efforts by states. 10% of Central
Road Fund (CRF) allocations have been
earmarked for Road Safety Engineering
works on state roads through Central
Road Fund (State Roads) Amendment
Rules, 2016. Detailed guidelines have
also been issued in this regard.","8. Institutionalized system of
dat abas e storage and
management should be developed
for road accident data. A suitable
web based electronic road
accident data collection/
compilation system shall be
developed for countrywide
implementation.
9. Centre of excellence for road
safety Research & Accident
analyses should be developed in
Academic institutions across the
country.
Till such time as the NRSB
becomes operational, the above
steps may be taken by the
Government in consultation with
the Committee on Road Safety.",
xii,"Drivers'' Training: This Hon''ble
Court may be pleased to issue a
direction that licenses of all
drivers would be renewed after
every five years and would be
subject to their qualifying the
stringent criteria including
technical efficiency, quality of
driving, control over a vehicle and
other relevant factors. It is
necessary that any person who
drives the vehicle must be in
complete control of the vehicle to
be able to minimize the risk of
an accident.
It is submitted that only
accredited driving schools should
be authorized to impart training
to the learners and recommend
the grant of permanent licenses.
Such institutions must have
driving teachers (a) with not less
than 10 years'' experience; (b)
who have experience in driving all
kinds of vehicles; (c) who have
the the requisite learning vehicle;
(d) who have adequate facilities
and take suitable number of
tests before the final license by a
public authority should only be
upon recommendation of such
an accredited licensing
institution. Computerized driving
tests should be resorted for
checking driving skills.","In the Motor Vehicle (Amendment) Bill,
2017, it is proposed that the transport
driving license is to be renewed at an
interval of five years.
It has been proposed in the Motor
Vehicle (Amendment) Bill, 2017 that the
Central Government may make rules for
such schools or establishments. The
efforts shall be made to improve the
quality of driving training by prescribing
detailed curriculum as well as the
infrastructure and trainer requirements
by the Driving Training Schools.","O r d e r proposed: The
Government of India and the State
Governments may be directed to
take such steps as recommended
by the Committee on Road Safety
in a time bound manner to ensure
improvement in the quality of driver
training and licensing (including
emphasis on lane driving) as well
as in the infrastructure and the
trainer requirements.",
,,,,
,,,,
xiii,"Lane Driving: This Court may
issue a direction that all the
State Government would issue a
mandatory circular that lane
driving will be strictly insisted
upon in all parts of this country.
Further, overtaking shall be only
according to the protocols which
are devised for the said purpose
and contravention may even
result in forfeiture of his or her
license.","Ministry of Road Transport & Highways
has already notified Motor Vehicles
(Driving) Regulations 2017 vide G.S.R.
634 (E) dated 23rd June 2017 which
mandates the lane driving and also
provides for the protocol for overtaking.","Order proposed: The State
Governments/ UTs may be
directed to strictly implement
Motor Vehicles (Driving)
Regulations 2017 notified vide
G.S.R. 634 (E) dated 23rd June
2017 which mandates the lane
driving and also provides for the
protocol for overtaking.",
xiv,"Road Safety Equipment: All
the State Governments will take
steps to acquire and use
cameras and other surveillance
equipment according to the
norms suggested by the Ministry
of Home Affairs to check and
detect traffic violators. Further,
this Hon''ble Court may direct
that special patrol forces along
the National Highways,
Expressways and the State
Highways be established. The
States may also be directed to
take the following actions to the
satisfaction of the Committee on
Road Safety:
(A) Formulate and enforce a
policy for the removal of all
hoardings and objects which
obstruct driving or distract
drivers.
(B) Formulate and enforce a
policy for detection and removal
of encroachment on all
pedestrian path which will cause
any hindrance to pedestrians
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 CMV for over
speeding, red-light jumping, use
of cellular phone while driving,
over loading, and using goods
carriage for ferrying passengers.","Bureau of Police Research &
Development (BPR&D) had prepared a
report in consultation with States/UTs
on the norms for the number of Traffic
Police and also for the Equipment for
identifying violations of traffic laws with
reference to vehicle population of that
City/State and submitted the same to
the Committee on Road Safety in the
month of September, 2015. Further,
Committee on Road Safety has
forwarded the report to all States/UTs on
30th November, 2015 (copy attached in
Annexure-II)","Order Proposed: All the State
Governments/UTs may be directed
to take steps to acquire and use
cameras and other surveillance
equipment according to the norms
suggested by the Ministry of
Home Affairs in a phased manner
to check and detect traffic
violators; and may further be
directed to set up special patrol
forces along the National
Highways, Expressways and the
State Highways. This may be
done in consultation with and to
the satisfaction of the Committee
on Road Safety.",
xv,"Alcohol and Road Safety: As
per the order dated 15th
December 2016, by a judicial
order passed in (State of Tamil
Nadu v. K. Balu, 2017(1) R.C.R.
(Civil) 1029 : 2017(1) Recent
Apex Judgments (R.A.J.) 586 :
(2017) 2 SCC 281) this Hon''ble
court prohibited the grant of
licences for the sale of liquor
along national and state
highways and over a distance of
500 metres from the outer edge
of the highway throughout the
territory of India. This Hon''ble
Court may further direct the
State Governments to ensure
that the said prohibition imposed
by this Hon''ble Court be
effectively implemented. Further,
those found driving under the
influence of alcohol should be
prosecuted under the Motor
Vehicles Act, 1988 as well as
under the Indian Penal Code,
1860 within a time period fixed
by this Hon''ble Court.","Ministry has written to the States vide
letter dated 6th April, 2017, for
compliance of the orders of the Hon''ble
Supreme Court. Ministry of Home Affairs
had issued an advisory on road safety
and accidents to all the States/UTs on
17th December, 2015, advising for strict
enforcement of provisions of IPC and MV
Act to prosecute and punish persons
causing injury or death in offences
related to road safety (detail attached in
Annexure-III).","Order proposed: No further
orders are required at this stage.
The statement made by the
Government of India may kindly be
taken on record and ordered.",
,,,,
,,,,
xvi,"R o a d Safety Education:
Pursuant to recommendations of
the Committee on Road Safety,
Road Safety Education has
already been included by CBSE
in school curriculums. This
Hon''ble Court may further direct
the State Governments to ensure
that Road Safety Education and
Counselling is also incorporated
into the curriculum of the State
Boards.","The Ministry of Road Transport &
Highways is in agreement with the
suggestion.","Order proposed:This Hon''ble
Court may further direct the State
Governments/UTs to ensure that
Road Safety Education and
Counselling is also incorporated
into the curriculum laid down by
the State Boards by 1st April,
2018.The statement made by the
Government of India may kindly be
taken on record and ordered.",
xvii,"Speed Governors: It is prayed
that State Governments be
directed to take steps to ensure
that approved speed Governors
are fitted in the existing transport
vehicles and given Unique
Identification Number. These
numbers should be uploaded in
the VAHAN Database along with
the details of the vehicle. The
instructions issued by
Committee on Road Safety in
this regard may kindly be
directed to be strictly followed.","Ministry of Road Transport & Highways
has already issued guidelines for fitment
of approved Speed Limited Device
(speed governors) on transport vehicles.
The suggestion to upload the Unique
Identification Number of the Speed
Governor in the VAHAN database is
acceptable.","O r d e r proposed: State
Governments be directed to take
steps to ensure that approved
speed Governors are fitted in the
existing transport vehicles and
given Unique Identification
Number. These numbers should
be uploaded in the VAHAN
Database along with the details of
the vehicle. The instructions
issued by Committee on Road
Safety in this regard may kindly
be directed to be strictly followed.",
xviii,"Emergency Medical Care: As
far as emergency care is
concerned, this Hon''ble Court
may direct that the State
Government shall establish for
every District at least one
Trauma Care Centre with all
modern medical facilities, and
ambulances equipped with first-
aid facility manned by trained
para-medical staff should also be
made available.","I n respect of the Trauma Care
Programme being implemented by
Ministry of Health & Family Welfare, a
total number of 116 Trauma Care
Facilities (TCFs) were identified and
approved during the 11th Five Year Plan
(FYP) and 81 TCFs were identified
during the 12th FYP. It may further be
mentioned that with regard to trained
para-medical staff for ambulances, the
Programme Division, the Director
General of Health Services has
developed the Pre-hospital Trauma
Technician Course curriculum, and the
training is being undertaken in the three
Central Government Hospitals of Delhi,
namely Safdarjung Hospital, LHMC and
Dr. RML Hospital since 2007.","Order proposed: This Hon''ble
Court may direct that the State
Government shall establish for
every District at least one Trauma
Care Centre with all modern
medical facilities, and ambulances
equipped with first-aid facility
manned by trained para-medical
staff should also be made
available. Further, District
Magistrates of every district may
be directed to ensure that
sufficient publicity is given in
respect of existing facilities.",
xix,"Universal Accident Helpline
Number: This Hon''ble Court
may be pleased to order that
there shall be one Universal
Accident Helpline Number which
should be established by the
Department of
Telecommunication throughout
the country. Further, a universal
code for ambulances should be
notified by the MoRTH.","The National Health Mission already
provides for a call centre number (108),
which is being extensively used in the
States for medical emergencies
including accidents. The ambulance
services are also operational in most of
the states through this call centre
number (108).","Order Proposed: The State
Governments/UTs may be directed
to strengthen the accident helpline
number by providing adequate
facilities. The State Governments
that have not made ambulance
services operational may be
directed to do so by 31st March
2018, and to further develop a
code/method to utilize services of
all ambulances in the area.",
xx,"Permanent Road Safety Cell:
This Hon''ble Court may direct
that National Highways Authority
of India must have a permanent
Road Safety Cell consisting of
suitable engineers and qualified
personnel and which shall be
established on or before 30th
September, 2017.","The Ministry of Road Transport &
Highways is in agreement with the
suggestion.
Ministry of Road Transport & Highways
as well National Highways Authority of
India have established road safety
engineering cells. All the States/UTs
have also been requested to establish
Road Safety Engineering Cell in their
National Highways Directorates by
Ministry of Road Transport & Highways.","Order Proposed: The cells have
been set up and no further orders
are required at present. The
statement made by the
Government of India may kindly be
taken on record and ordered.",
xxi,"Data Collection: This Hon''ble
Court may direct that a
computerized format be prepared
by the MoRTH for collecting road
accident data throughout the
country and data so collected
should be made public so that
even members of the public
could pursue remedial actions or
research.","Ministry of Road Transport & Highways
has already evolved a new format for
recording accident data & report. The
format is enabled for computerized data
entry. State Government / UTs have
been asked to take further action to
collect and report the data in new
format. The Ministry has been making
the data public for information of all the
stakeholders.","Order proposed: No further
orders are required at this stage.
However, it may be directed that
the said format evolved by the
Ministry be strictly followed. The
statement made by the
Government of India may kindly be
taken on record and ordered.",
,,,,
,,,,
xxii,"GPS: It is submitted that it has
been found that use of GPS and
GIS mapping encourages safety
both for drivers and passengers.
Therefore, it is prayed that a
direction be issued to all car
manufactures that with effect
from 1st January 2018 they
would ensure that all vehicles are
installed with GPS and GIS.","Ministry of Road Transport & Highways
has already notified vide G.S.R. No.
1095 (E) dated 28th November 2016
mandating the fitment of vehicle location
tracking device and emergency button in
all public service vehicles except two
wheelers, e-rickshaw, three wheelers
and any transport vehicles for which no
permit is required under the Motor
Vehicles Act, 1988. Fitment of GPS
devices on other vehicles would be
considered in due course since this
would put additional cost burden on the
vehicle owners in terms of cost of the",,"Order proposed: This Hon''ble
Court may direct that all public
service vehicles shall be fitted with
location tracking device as
mentioned by GoI and the said
notification be strictly
implemented. The statement
made by the Government of India
may kindly be taken on record and
ordered.
xxiii,"Bus/Truck-Body Building
Code: This Hon''ble Court may
direct that MoRTH may take
suitable steps to notify
Bus/Truck-Body Building Code
so that henceforth buses and
trucks built on different chassis
are not found wanting in security
and safety features.","GPS equipment.
Bus Body Code: Ministry of Road
Transport & Highways has already
notified the bus body code vide G.S.R.
No. 287 (E) dated 22nd April 2014.
Truck Body Code: Ministry of Road
Transport & Highways has already
notified the truck body code vide G.S.R.
No. 1034 (E) dated 2nd November 2016
for vehicles registered on or after 1st
October 2018.",,"Order proposed: No further
orders are required at this stage.
The statement made by the
Government of India may kindly be
taken on record and ordered.
xxiv,"ABS, Air Bags and Headlights:
It is prayed that a direction be
issued that in every model of car
sold in India there shall be Anti-
Lock Braking System and air
bags. Further a direction be
issued that all two-wheeler
manufacturer will take recourse
t o "Automatic Headlights On
systems. It is prayed that a
direction be issued that the
State Government must not
allow vehicles with impermissible
headlights to ply.","ABS: Ministry of Road Transport &
Highways has notified for the fitment of
ABS in motor cycles vide G.S.R. No.
310 (E) dated 16th March 2016 and for
four wheelers vide G.S.R. No. 120 (E)
dated 10th February 2017 for new
models on or after 1st April 2018 and for
existing models on or after 1st April
2019.
Air Bags: Ministry of Road Transport &
Highways finalized a standard AIS-145,
which is being notified. This standard
would mandate fitment of Air Bags on all
the LMV passenger vehicles.
Automated Headlights On: Ministry of
Road Transport & Highways has notified
vide G.S.R. No. 188 (E) dated
22.02.2016 for fitment of „Automated
Headlights On'' (AHO) in two wheelers
manufactured on or after 1st April 2017.",,"Orders proposed: No further
orders are required.
xxv,"Crash Test: It is respectfully
submitted that in view of the
doubtful crash test of all the
LMVs, crash test in proper
conditions must be undertaken
in respect of LMVs by
laboratories that are accredited.
It is submitted that this Hon''ble
Court may further direct that all
vehicle testing agencies in India
should be internationally
accredited / recognized to
ensure that crash tests are
genuinely and sincerely
undertaken having utmost regard
to the value of human life. This
may be done by 1st April 2018.","The crash tests for all the Light Motor
Vehicles (LMVs) have been notified by
the Ministry for implementation. The
tests are to be conducted only by the
testing agencies notified under Rule 126
o f the Central Motor Vehicle Rules,
1989. The agencies are required to have
their testing facilities accredited by
National Accreditation Board for Testing
and Calibration Laboratories (NABL).
The Ministry has issued S.O. 1139 (E)
dated 28.04.2015 and S.O. 2412 (E)
dated 03.09.2015 amending the Central
Motor Vehicles Rules, 1989 (CMVRs)
notifying the following crash standards: -",,"Order proposed: No further
orders are necessary at this
stage. The statement made by the
Government of India may kindly be
taken on record and ordered.
,,Standards,"Date of
commencement/
validity",
,,"Requirement for
behaviour of steering
mechanism of a
vehicle in a Head-on
Collision as per AIS
096/2008","N e w Models-
1.10.2017
All Models-
01.10.2019",
,,"Prot ect ion of
occupants in the
event of an offset
Frontal Collision as
per AIS 098/2008","N e w Models-
1.10.2017
All Models-
01.10.2019",
,,,,
Approval of vehicles N e w Models-
with regard to the 1.10.2018 All
Protection of Models-
Occupants in the 01.10.2019
event of a Lateral
Collision as per AIS
099/2008
Approval of Vehicles N e w Models-
with regard to the 1.10.2018
Protection of All Models-
Pedestrian and 01.10.2020
o t h e r Vulnerable
Road Users in the
event of a Collision
with a Motor Vehicle
as per AIS 100/2010",,,,
,,,,
,,"Approval of vehicles
with regard to the
Protection of
Occupants in the
event of a Lateral
Collision as per AIS
099/2008","N e w Models-
1.10.2018 All
Models-
01.10.2019",
,,"Approval of Vehicles
with regard to the
Protection of
Pedestrian and
o t h e r Vulnerable
Road Users in the
event of a Collision
with a Motor Vehicle
as per AIS 100/2010","N e w Models-
1.10.2018
All Models-
01.10.2020",
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 12th National Road Safety Council held on 25th 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 G.S.R. 634 (E) dated 23rd June,",,,,
2017.,,,,
The Notification should be implemented by the State Governments and Union Territories strictly.,,,,
14. 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.,,,,
15. Alcohol and Road Safety: The MoRTH 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 and Union Territories to implement the directions of this Court.,,,,
16. Road Safety Education: The learned Amicus as well as MoRTH are in agreement that road safety education and counselling should,,,,
be incorporated in the curriculum by the State Boards by 1st 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.,,,,
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 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 recommendation at the earliest since it is on,,,,
record that treatment soon after a road accident is crucial for saving the life of the victim. In this context, it may also be mentioned that this",,,,
Court has issued certain directions in Pt. Parmanand Katara v. Union of India, 1990(2) R.C.R.(Criminal) 75 : (1989) 4 SCC 286 which",,,,
should be followed.,,,,
19. Universal 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 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 to set up,,,,
Road Safety Cells. The State Governments and Union Territories should establish Permanent Road Safety Cells by 31st January, 2018.",,,,
21. Data Collection: The MoRTH has already taken steps for recording accident data and reports through computerised 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. This needs to be followed up and no further orders are necessary in this regard.,,,,
22. GPS : The MoRTH has already notified vide G.S.R. No. 1095 (E) dated 28th 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 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,,,,
27th April, 2014 and with regard to trucks vide G.S.R. No. 1034(E) dated 2nd November, 2016. No further orders are necessary in this",,,,
regard.,,,,
24. ABS, Air Bags and Headlights: The MoRTH has already notified for fitment of ABS in motor cycles vide G.S.R. No. 310(E) dated",,,,
16th March, 2016 and for four wheelers vide G.S.R. No. 120(E) dated 10th 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 G.S.R. No. 188(E) dated 22nd",,,,
February, 2016 for fitment of ""Automated Headlights On"" in two wheelers manufactured on or after 1st 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 Rule 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 are those that have been agreed upon by the parties before us and are in addition to and,,,,
supplement the directions already given in S.Rajaseekaran v. Union of India, (2014) 6 SCC 36. 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 of lives in road accidents and crores of rupees 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 Implementation 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 received considerable support from the Delhi Integrated Multi-Model Transit System Limited,,,,
(DIMTS), Transportation Research and Injury Prevention Programme (TRIPP), IIT-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 are,,,,
today.,,,,
21. List for further proceedings on 7th February, 2018.",,,,
