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

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.

p. 515, margin C

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.

p. 515, margin D

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

p. 515, margin G

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.

p. 515, margin G

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.

p. 516, margin A

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.

p. 516, margin B

On 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 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.

p. 516, margin C

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.

p. 516, margin D

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.

p. 516, margin F

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.

p. 517, margin A

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.

p. 517, margin A

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 mentioned.

p. 517, margin C

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.

p. 517, margin D

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.

p. 517, margin F

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.

pp. 517–518, margin G

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: s. Issue contained in cws by Ministry of Orders prayed No. note of Amicus Road Transport & the AC Curiae Highways Road Safety Ministry of Road Order Proposed: Policy: E~ery State Trausport Highways The States UTs State suggestion. formulated Road Safety Policy Road Safety Policy formulated as a All die States/UTs may be directed result of except Assam, formulate intervention of Nagaland. policy on priority Comtnittee on Lakshadweep, basis. latest by Safety. The said Nagar Haveli aud December 2017. Policy I Andaman Nicobar The staten1ent notified 1 already by gazette brought formulated their Road Goven1ment of Safety Policy. into existence w.e.f. kindly l" September, l11e States UTs which be record 2017. if not already ordered. have not formulated done Road Safety Policy. have been requested to formulate the policy on priority basis. Road Safety Ministiy of Road Onler proposed: All Omncil: State Transport & Highway.; States urs except Glvernment (except agreerrent with 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 O.dra Nagar Haveli have already B 215 of 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 Safety at hers may be directed trust undertake Councils. tm review as per the actions of C in"Planentation of road safety lav.s and submit Road Safety. The suitable reports Statement nnde by the oot'l'etent Jegishture and Govemm:nt of India the Committee m Road nny kindly be taken on and Agency: State Ministiy of Road Onler proposed: Glvernment nny be Highways is The States UTs that ~tablish a have not established Agency as raiuired suggestion Lead as Committee on Road Safety Ministiy hdd review definal atxl required headed by a senior officer m:eting with the States to and with aci:quate slaff to by the Committee review tre E solely dedicated to inplen'l!ntation of th! Road Safety and rratters rehting to d~ections of depute aci:quate, ticmsing issuing of driving Comnittee Road d<rlicated and licmces, registration of Safety from 21' to profess I vehicles, rood safety, and 3o''June, 2017. techniral staff tray be fuatures of vehicles, States I Ufs wa:e directed to so by l"nution and allied requested to establish F lead and depute 31" Dxember 2017 as addjuate, dedicated and per the set professional I technical by Conrnittee Road Safety. The Chhattis!l'fh, Drumn Govemrrent of India Jharkhatxl, may kindly be taken and crdered Nagaland, Raj8'1han, Tani! ab-mdy established the Lead t. iv ' Road Safety Fund: Ministty of Road Order Prqiosed: . Pursuart to Trall'lpcrt & Highway.s The States /UTs reconnrendatioll'l is in agreanent with tbe that rove not of the Ccrnnittee suggestion cmstituted tbe on Rood Saftty all Some of the States viz. Road Safety Finl the States have Bihar, Chhittisg;irh, tray be directed to oomneooed er Hirnachal Pradesh, establish the same 00111lleted actim to Jharkhand, Kerab, as soon as poSS!ble set up a Road MadhY<t Praresh, an1 not later than Safuty Fund wth Pududierry, Rajasthm, March, 2018 an1 aSfillred flow of Uttar Pradesh have report to tbe rrooey as des ired establisred dalicated Comnittee on by fui Committee. fund as per directioll'l Road Safuty. The H:iwever, in such of Conrnittee on Road statemait trade by States \\h:re it res Safety. the Government of oot ccrne into place During the review ln:lia rmy kin:lly it mll'lt come into meeting beld by tbe be takai on record effect w.e.f. 1• Ministty, tbe rermining an1 erd:red. Septcn::ber 201 7. States I Ufs rove been requested to create tbe Rood Safcty Fund as per the directims oftbe Ccmnittee m Road Safety. E -----+--~-----+ ---·-··--··-----t v 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< ";~ 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 G Septerrber 201 7. in pursuance of Committee. directioll'l of Comnittee on Road Safetv. District Road Safety Ministry of Road Order proposed: State A Committee: State Tran~-port & Govemnients be Govenunents tnay Highwa1s is in directed to constitute directed constitute agreement with the District Road Safety District Road Safety suggestion. Committee 1-,,aded by Canmittee headed by the Collector of Collector of the District District as soon as B which will fix target' for pa;sible lay down reduction accidents and respcmsibilities of said fatality dependent upon corrnnittees. including peculiar facts of the regular and periodic District As suggested in n1eeting and report the the \vritten Note, District Road Safety Committee Saft1y. The statemm could include made by the Superintendent of Police, Govemtnent of indi a Health Officers, may kindly taken on Engineers, repr~entati\es reccrd and ordered. of and RTO of District vii Order Impro\'ement: The agreement \vith the Prctocol Aniicus submits ·suggestion. Identification and that one of the protocol has to Rectification of Black reasons for accidents is reviewed and updated prepared by poor quality of roads, time at the instance ilnproper design, l:ased of on Road inadequate curve, experience ~ined. Safety directed inadequate depth and be in1Jlemented by all ina:iequate angle which ~-· concerned including need be maintained at NHAJ and •State crocial junctions. At the in of the consultation with the Con1n1ittee on Road on Road Safety. the MoRTH has Safety. set up rrntocol for identification and lt may clarified that G the said protocol would rectification of black be reviewed and updated spots. said protocol by MoRTH armual for rectifying black for better road s:ifety is based on the experience giined. herewith as Annexure 'B' pages The statement made by to 29). This Hon'ble the Government of India Court may be pleased to may kindly taken on the reead and crdered. enforced into effect by the NHAl, the Ministry of Road Transron & High""y.; of I Government of India as well "' the PWD I Dqiantrents of State their contractors. the saire also enforced in express\vays being constructed Traffic Calming Ministry of Road Order proposed: This i\tleasures: This Hon'ble & Hon'ble Court may Court 1my further direct is direct I the Governments should adopt Traffic Ca!mmg suggesnoo. a<hpt Traffic Calming accident M~ures accklcrt of prore junctions of lower and~ I lower hierarchy roads other wlnemblc spcts with higher hierarchy ~t~e scl\ools, hospitals. I vulrerable spcts like schools, lxi;pitals etc., ) wise repocts Conmittce on Road I I Safety, as per the , I of ~ Theby ;tatm': I I ' I of India on __ ~ __ _j_ ____ Roods Safety Audits: ln-}rinciple, the Order p~sed: This This Hon'blc OJurt llllY Ministry in Hon'ble imy direct State Governirenls agreerrenl with the pleased to direct the to cany rood safety suggestioo. Ho'.\ever, Central Government audit< during design, there is a deficiency (i) Chn:!uct audit of eonstructioo and cf qualifioo audilcrs 2 nllSI at'Cident prone operation of roo:Is and in road safely stretcfles of B also in of existing eqiineering in die highw.iys/expressw.iys roods within a srccificd oomby. Effcrts arc in each State as a pilot litre fram:. This audit l:cing mide by the programme, and present carried out by Gi"'mrrent to build stmtegies for redicing auditors accredited by cajllCity, by w.iy of lhe a::cidenls; Nliional Safety <rJymizirg (ii) build capacity Audit Board. This \\OlkshJps on mad train at least Nliional Safely safely eqiineering. nne auditors within Audit Boord oonsist road safety audit pcriod of iear; of Senicr Officers of the certification oourses The State NHAI, MoRTil, of etc. It \\Ollld take Givemm:nts!Ufs llllY Stale time to build up directed to train at Govemm:its as '.\ell as caplcity in the field least 25 such auditors D Rood Safety ooo of road safety audit. within lhe I"rioo of next arc tmired Safely Therefurc, Stales nny on: year, and thereafter Audilcrs. is resµ:ctfully µmiitted to set conduct audits. submitted that if their cmn targels fer The mire by wcre propcrly corntructed . the mad the Govemm:nt of India and m1irtained in this safety audits, as pcr 1my kindly taken on counby, as is cbne in guidelines issuoo reccrd and crdered E llllny ovcrsea; ccxmtries, by the Ministry from rood aecidenls \\Ollld 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, G '.lll7. The bill teen Jn=! by Lok Sabha The Boan! will deal with a~x:ct' of the road safely. x road projects costing Roads: rnay be 10.00 be types that surfacing of the rood. of nvre R~. of including the design retaining walls protection unless the do recurnn1endation are aug:rrentalion lhe projects of 5 of for carrying out safety 1nore. audits is appropriate. that rwd audit the I for I f----+~~~~~--~~-+"'=-nrq~·~ec~1~s~o~f~5~kn~1o~r~1n~or~e~.~-l-~~~~~~~-1 7 7 of Order it a niay issue the I Court pass an background discus.sion. of are l. Para urban road Enginee1in~ directed \Vorking Report. Many of as Anncxure reconirnendations are the niade "(."' (30 38)) of re view of and thrthwith as by appropriate tune the 'hie· reconm1endations based on intenlational best Report which can be by I I 'hie Court as intervals. safety urlnn consistent the satety reguiren1ents and in improvement i intervdls. have provision of I-~-· 1_ . safety Adequate traffic the size type of the : wherever ncoossaiy, developn1ent projects. . vulnerable road All road , users. including resurfacing of Safety provision of in1plcirented, before nnrkings per further work requiren1ents. undertaken on wherever accident recording necessary. to enhance reporting of National nnnpower Highways resources be . covered published i projects modes like standard by subjected Safety authorities Central ; Audits phased State levels. · through bound accident · investigation centres of Audits established study a preferably of of audit using accident reports. reronstruction Standard : techniques acci&nt recording details be reporting fonnats should preserved- a data ; evolved considering base. : of feasibility ; nnnpowcr resources database published standard storage and documents for adoption by managerrent should authorities at Central , be State road accident Specialized . A suitable based centres be e;tablished road accident data study a few selected ; acci&nts using accident ~ , recon.'itruction techni ues etc., and tl1e retails to be callJilation ireserved in a data ba<ie. shall be h1~titutimali2ed developed fix system of databa.<ie staage and ccun1I)'Mde nnnagenDJt should be fill'lC111C111atim developed for rood accident 9. Centre of data A suitable ~b ba'led excellence fix electronic road accident data road safety : oollcction/conlJilatim S)Stem Research & shall re de\Clcped fer Accident analyses ooun1Iyl'1de impleirentatim. should be I Centre of excellence developed m I for rood safe! y Research & Acadenlic I Accident analyses shculd be fil~tution~ across developed in academic tlle OOWltty. institutions across tl1e ccuntty. Estabfo;hing synergy nu such !Ure as retwectl various stake holders the NRSB (road authorities, acadenlia, becoires enforeCJrent authcrities, reuth operatioml, the a.ithoritics etc) in road safety alx>ve steps llIIY · at central/ state level~ is being be takCll by the slrived through National Road in Safety Council and State Road cm~ultation with , Safety Cow:cils. TI1ese should tl>e Collillittee on Ix: strengthenoo and made Road Safety. 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. Detailed guidelmes lnve also L-~-'-~~~~~~h!o::::;cn~1~·ss~u~ed~i~n~tm~·s~i~emnrliz:::=-~-'-~~~~~~ xii Drive111' Training: 1his fu the Mltor Vehicle Order proposed: Hm'ble Court rrey be (Atncndrrent) Bill, The Giwnm:nt pleased to iSSlE a direction 2017,itispropcsedtbat of India and tl:e that lieernes of all dri\L'l'S tbc transport chi'ing State would be renewed after license is to be renewed Goveron:ents nny every years and ''°ltld at an irtcnal of fi\'C be dim:ted to take fi'" B be sul:Jject to thcir qwlifying years. such steps as the stringent criteria It has been propa;ed in recomn:ended by incluling teclmical tbe Mltor Vehicle the Con:nnittee on efficiency, quality of driving, (Atrendrrent) Bill, Rood Safety in a control over a vehicle and 2017 tbat th" central tin:e bound relevant factcrs. It Gi\cllllrellt may rrnke mumer to ernu:e necessacy that any person rules fer sirh sclools illlJl'OVenllnt in c "1D drives tbe "'hicle nust or est!blislnrents. Tu the qwlity of be in complete cmnul of the efforts shall be made to dri\er training and vehicle to re able to iJ11)!'0\C the q.iality of licensing minimize the risk of an driving training by (including accident. J"'cs:ribing detailed empha'iis m lane It is submitted that only curriculum as '"'ll as dri\ing) ""11 as D accreditoo dri\ing the infrastructure and in tho schools should be autbcrized trainer req.1ireirents by infiasnucture and to inµut training to tbe tbe D:hing Training the learrers and recomren:I the. Schools. reqiirareots. 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) have tbe tbe requisite learning "'hicle; ( \\OO have adcq.Jate facilities and take suitable n1.miier of tests before tbe final license by a public autbmity slnuld only be recommidation of such an aocredited licensing G institution Convuterized dri\ing tests sllOuld be rescrted for checking d'iving skills. Lane Driving: Court issue Ministry of Order proposed: Transport The State tnandatol)' circular driving I he strictly insisted upon of (Dliving) implement Motor overtaking ooly according to Regulations 2017 Vehicles (Diiving) G.S.R (El Regulaticns 2017 the said purpose and contravention dated 23"' Jtme notified vide even resnlt fotfeiture of his or 2017 which G.S.R 634 (E) her license. Jmc driving and also 20 I 7 which 1nandates ove1taking. provides fer Bureau of Police Order Proposed: State will take steps Research State Develq11ncnt Goverrnnents/UTs surveillance cquip1nent according may be directed nonn~ suggested the Ministry ~ernred take steps of Home Affairs check and detect consultation with acquire and use Statcs/UTs cameras nonns for surveillance number of Traffic equipment National Highways. Expressways for according the the S~1te Highways be Equipinent for nonns suggested identifying the of directed take the following action'i violations of traffic Affairs in a the satisfaction of the UJ1runittce with reference phased tnanncr Safety: vehicle check and detect of traffic violators; of and may further be hoardings and objects which obstnict submitted same directed d1iving or distract drivers. special patrol of National encroaclm1ent ped~t1ian path September, which Further, Committee pedcslrians vehicles. State Issue a direction Highways. This driving licenses suspended report all for a period of at least one year under States!UTs consuJtation Section of the Motor Vehicles Act November. and of over satisfaction of speeding, red-light ju1nping. use of Annexure-Il) cellular phone while over loading, and using goods caniage L-~~~·~~-~-~~~-~~~~~~~~~~~~~--~~~~~~~~---fenving passen~rs. • Alcohol and Road Safety: As Minist1y has per the order dated sh Mitten to the States December 2016, by a judicial vide letter dated6"' order passed in (State of April, 2017, for Tamil Nadu v. K. Balu, compliance of the (2017) 2 sec 281) orders of the Hon'ble cmnt prohibited the 1-lon'ble Supreme lrxlia grant of licences for the sale of Court. Ministry of liquor along national arxl state Home had highways o"'r a distance an adviso1y of 500 metres from the outer on road safety and edge of the highway accidents to all throughout the territoty of State&IUTs on India. This Hon'ble Court may December, 2015, ti.nther direct the State advising for snict Govem1nents to ensure that enfOrcenient said prohibition inposed by provisions of !PC this Hon'ble Cou1t be and MY Act effectively implemented. prosecute and Further, three fmmd d1i\1ng punish persons under the influence of alcohol causing injury should be prosecuted under the death offences Motor Vehicles Act, I 988 as related road well under the Indian Penal safety (detail Code, 1860 within a tinle attach!d period fixed by this Hon'ble Annexuro-111). Court. Rood Safety Education: The Ministry Pursuant recommendations Road Transport of the Committee m Road Highways is Safety, Road Safety Education agreement with has already been included by suggestion. CBSE school curriculums. This Hon'ble Comt 1my further direct the State Govemn1ents ensrne that Road Safety Education and Counselling is also incotporated into t1~ curriculum of the State Boards. Speed Goveroors: i' ( <f Rm! Order pll\l(JSed: that Slate ' Tran;port & Highmiys Gaverrnrents he direct<Il Governments he diro:tcd ms already is:,uxl take to emure to take steps ensire 91idelines for of "Pl''°'ed spew that appro\\XI Speed Limited Glvernoo; fitted ai~ in O:vice (speed existing transport the existing m ~rt vehicles. The ve!icles and ghen vehicles and given suggesticn upload the Unique Tdentificatim ldcntification llique klentificatim Nmrlier. Th:se mniiers Nurlier. Tht:se nunrns Nunber of Speed should he uplooded uploaded the Givemor in the V AHAN the V AHAN Dital:ese VAHAN llitahise almg cbtata"' accqtaHe. along "ith of \\ith the details of the the vehicle. The TI~ instructions ~ Coimlittee on in this I in kindly bc to kindly to 11 strictlv __ ::.;~~ °''-~redicaihrespeciof the Trauma Oller proposed: This C.n: As I Gire Program"C bciqi Hon'ble Cbut ~ is nrpemented by Ministiy diroct tmt the State this Hon'l>e , <f Health & Farrily Govem1rent shall O:urt nny direct the W!lfru,,, a mmier estoolish fur State Givemm.'llt shall <f Trau1rn Gire Disnict at least one establish eveiy Facilities -~ Tm11m Centre District least one idct•ified awroved \vith m>dem mxlical Tmunn Olre Centre \vith duing the • Fhe Year facilities, all mJdem 1redical flan (FYP) TCFs rurbulances facilities, '1!rbulances \\ere identified dining the "ith equipped \vitll fi1't-aid 1my manred ~ facility 1m1ncd by nutioned \\ith staffsluuld also ~taff mid: available. 'hould alw nme nulical staff for fu1her, District availal:le arrbulanccs, the ~strates <f ltogrannr Dimiol\ the district 1my he Dircctcr Gencral of to sufficient Sa-vices is given developed tbc Pre- of cxistiqi and the is Ill Gi\ennrcnt Hosptals of O:lhi. ' Safdnjurg Hosfital, LHMC ---·--· _j~ H<hpital-si_oc_e~------·xix Unhersal Accident The Health A Hflpline Number: This Mission ir<Mdcs Slate Cb=rcnts/Ufs Hon'ble 1my for a all! centre nun:ber 1my be directed to eased to olilir lhat \\llich being .trerg!hen tbe occid:nt shall be cne Uni""'31 cxternively in helpline Helpline for nxrlical pro,;ding Nw1:tier "'1ich should be eirerg,'tlcies indudirg Slate estal:i by the acci"""1s. The ani:>ulanx C"'vennrents that ha"' B Dqlart1rent not T eleconnunication cperatioml in of the services ~nitiom.I throll!hrut the country. states this directed to m so Further, a universal oettre ruii:><r 31" March ard to fer arrb.ilanxs should dcvdop a notified by the M<RlH utilize of all c in the area xx Penmnett The of Order~: Cdl: This Hon'ble Crut Transport & is oells have been 1my lhat Natioml agreamnt and no lintber md:rs are Higmays Aulhaity of required India lnve a statement made by penmnent Rm! Safcty & Highways as Govennrent of India cmsisting of suitable Natiornl Highways 1my kindly be taken engineers q.ialified Authority of hla have reconl and ordtmi. pen;onnd \\hich shall c;1ablished safety be c;1ablished on er engineering cells. All the before SeJteni:>er, States!Ufs lnve also requested establish Safety Engineering their Natiooal High\wys Directcrate; by High"""· xxl llis Order proposed: Ni Hoo'hle Crurt direct Trarnport & linther onlors are that a conwteriw.l C\olved required this stag» mmt be rr"fllred by the for reccrdirg be MoRTH for collecting accid:nt data & report. dirocted lhat the said rood accident dita fonmt is embled for fonmt cwl by thro~ lhe ca'l'utcri2ed enny. be strictly and so oollected State I Ufs followed G should be nmc µiblic so lnve '6ked to take ;tatcnmt mule that even of tlic lcct tlie Govellllrent of India public oould report data in new nny kindly be taken on rcnmial fonmt 1re Mnb1ly reconl """"'1. research. µiblic infrnmtion of all ;tlkehllcbs. H of servic~ 2s• of of Fitn~nt of of of made of Orden of of to o•• "Automatic Headlights April 2018 and for On' sysrems. It prayed existing nlOdcls on or that a direction be issued April 2019. that the State Air Bags: Ministry of Road & allow vehicles with Highw.iys finalized a in1ix:rnlissible headlights AIS-145, which to ply. is being notified. l11is stardard would 1mndate 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 dated 22.02.2016 for iitment of 'Automated Headlights (AHO) two vmeelers after I" April 2017. Crash Test: lt The crash tests for all rlle Order proposed: respectfully submitted Light Motor Vehicles No further orders of (LMVs) have been are necessary at doubtful crash test of all by the LMVs. crash ·n1c The Proper condirirns tests are to be conducred made by the be respect only by tllc testing of of LMVs by laboratories agcn:ies notified under India kindly are accredited. Rule 126 of Central be taken on record submitted that this Motor Vehicle Rules, and ordered. Hm 'ble Court nuy 1989. agencies are further direct that all required have vehicle testing agencies testing facilities accredited in India should be by National Accreditatirn internationally Board for Testing and accredited I Calibration to ensure Lalx>ratocics (NABL). The Ministry has sincerely undertaken S.O. (E) dated having 28.04.2015 and S.0. 2412 the wlue of human life. (E) dared 03.09.2015 This may be done by April 2018. · Motor Vehicles Rules, 1989 (CMVRs) notifying the following crash Standards Date of collvtl"1cement /validitv Recpirenrnt New fcr bel>1viour Midelsof steering 1.10.2017 nrchanism of All a vehicle in a Midels- Head-On Ol.10.2019 Collision per AIS "' 0%2008 c Protecti en of New Modelsoccupants in l.I0.2017 the event of an All Modelsoffset Frorial 01.10.2019 Collision as per AIS 098/2008 -- Approval of New Mirelsvehicles with 1.10.2018 regiird to tl1e All Models- Protecticn of 01.10.2019 O::cuparts in the event of a Lateral Collision per AIS "' 099!.2008 Approval of New Mxi!ls- Vehicles with 1.10.2018 regwd to the All Models- Protecticn of 01.10.2020 Pedefilian and other Vulirrable Rood Usa-s in the event of a I Collision with a Motor I Vehicle a• per AIS 100'2010

pp. 518–534, margin A

We have heard learned Amicus Curiae as well as learned 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 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 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. The Notification should be implemented by the State Governments and U111ion Territories strictly. 14. Road Safety Equipment: The Bureau of Police Research and T~aining 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 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 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 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 3 I" 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 GS.R. No. 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 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 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) 4 sec 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.

pp. 535–540, margin A

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 lndia 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.

p. 540, margin C

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.

p. 540, margin E

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 sec received considerable support from the Delhi Integrated Multi-Model 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.

pp. 540–541, margin F

List for further proceedings on 7'" February, 2018. Nidhi Jain Directions issued.

p. 541, margin B