Road safety and Motor Vehicles (Amendment) Bill, 2019

 

Content:

• Motor Vehicles (Amendment) Bill, 2019 passed recently

 

 

Important facts:

• The Bill has 63 clauses with the aim of reducing road traffic fatalities and injuries in India.
• The Motor Vehicles (Amendment) Bill, 2019 is based on the recommendations of the Group of Transport Ministers (GoM) of States constituted by the Ministry of Road Transport & Highways.
• It was passed to address the issue of road safety and to improve the facilitation of the citizens while dealing with transport departments

 

 

Road accidents in India

• A Ministry of Road Transport and Highways (MoRTH) report of 2018 has listed 1,51,430 fatalities. However, for the same year, the World Health Organisation estimates nearly 300,000 deaths.
• The Government of India study by the Registrar General and Census Commissioner, India (‘The Million Death’ study) also reports at least a 50% under-reporting of traffic fatalities and a higher share of pedestrian and motorised two wheelers as Road Traffic Collision victims when compared to the MoRTH report.
• India, as a signatory to the Brasilia declaration, intends to reduce road accidents and traffic fatalities by 50% by 2022. 

 

 

 

 

Factors responsible for road accidents in India:

Despite the efforts of the last few decades, the number of road traffic fatalities has continued to increase in India. Following are the factors responsible  for road accidents in India.

• Population density along highways: The density of small towns and villages along highways and the presence of tractors, three-wheelers, cars, buses, trucks and truck trailers on these highways present a very different traffic mix as compared to North America and western Europe where most highway standards have been developed.
• Pedestrian movement:   Pedestrian and motorcyclist involvement in fatal crashes on highways is greater than those involving other road users.

• Road designs:  Road safety experts suggest that road designs such as lane width, shoulder presence, number of lanes and median design influence driving behaviour such as operating speeds, lane changing, etc.
• Driver’s behaviour: driver is careless and that the fear of a higher penalty will encourage “careful” behaviour while on the road. This goes against current scientific understanding in reducing traffic crashes that promotes the design of a system which can forgive mistakes made by road users. 
• No Scientific  evidence: India has still not created a culture of producing scientific evidence for designing preventive strategies. A report from New South Wales, Australia in 2007 evaluated the effectiveness of stricter penalties which said: “It is suggested that substantial increases in fines and licence disqualifications would have limited potential in deterring recidivist offenders.

 

 

 

Key features of the Motor Vehicles (Amendment) Bill, 2019:

• Amend the Motor Vehicles Act, 1988 :

1. The Bill seeks to amend the Motor Vehicles Act, 1988 to provide for road safety
2. The Act provides for grant of licenses and permits related to motor vehicles,sandards for motor vehicles, and penalties for violation of these provisions.
    

• Compensation for road accident victims: 

1. The government will develop a scheme for cashless treatment of road accident victims during golden hour. 
2. The Bill defines golden hour as the time period of up to one hour following a traumatic injury, during which the likelihood of preventing death through prompt medical care is the highest.
3.   The government may also make a scheme for providing interim relief to claimants seeking compensation under third party insurance. 
4.  The Bill increases the minimum compensation for hit and run cases as follows: (i) in case of death, from Rs 25,000 to two lakh rupees, and (ii) in case of grievous injury, from Rs 12,500 to Rs 50,000.

• Compulsory insurance: 

1. The Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India. The fund will be utilized for:

• treatment of persons injured in road accidents as per the golden hour scheme,
• compensation to representatives of a person who died in a hit and run accident,
• Compensation to a person grievously hurt in a hit and run accident,
• compensation to any other persons as prescribed by the central government.

• This Fund will be credited through:

1. payment of a nature notified by the central government,
2. a grant or loan made by the central government
3. balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents), or
4. any other source as prescribed the central government. 

 

• Good Samaritans

1. The Bill defines a good samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident. 
2. The assistance must have been (i) in good faith, (ii) voluntary, and (iii) without the expectation of any reward. 
3.  Such a person will not be liable for any civil or criminal action for any injury to or death of an accident victim, caused due to their negligence in providing assistance to the victim. 

 

• Recall of vehicles: 

1. The Bill allows the central government to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users. 
2. The manufacturer of the recalled vehicle will be required to: (i) reimburse the buyers for the full cost of the vehicle, or (ii) replace the defective vehicle with another vehicle with similar or better specifications.

 

• National Transportation Policy: 

• The central government may develop a National Transportation Policy, in consultation with state governments. 
•  The Policy will: (i) establish a planning framework for road transport, (ii) develop a framework for grant of permits, and (iii) specify priorities for the transport system, among other things. 

 

• Road Safety Board: 

• The Bill provides for a National Road Safety Board, to be created by the central government through a notification. 
• The Board will advise the central and state governments on all aspects of road safety and traffic management including: (i) standards of motor vehicles, (ii) registration and licensing of vehicles, (iii) standards for road safety, and (iv) promotion of new vehicle technology.

 

• Offences and penalties: 

• The Bill increases penalties for several offences under the Act. 
• The Motor Vehicles (Amendment) Bill, 2019 provides for stricter provisions for offences like juvenile driving, drunken driving, driving without licence, dangerous driving, over-speeding and overloading, among others.
• The Bill proposes a penalty of Rs 10,000 for not providing way for emergency vehicles.
• There is a penalty of Rs 10,000 for drunken driving.
• A fine of Rs 5000 has been proposed for driving without licence.

 

• Taxi aggregators: 

• The Bill defines aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes (taxi services). 
• These aggregators will be issued licenses by state  Further, they must comply with the Information Technology Act, 2000.

 

• Drivers Training

• The driving training process has been strengthened enabling faster issuance of transport licenses. 
• This will help in reducing the shortage of commercial drivers in the country.

 

 

Loopholes in the amended Bill:

• In spite of  the Motor Vehicles (Amendment) Bill, 2019 passed by the Lok Sabha  and  the Rajya Sabha safe road behaviour is still miles away.

• The MVA amendments do not address the reliability of crash estimates, which form the basis of designing preventive strategies.
• Out of the many amendments proposed in the Act, the increased penalties have been implemented in many States from September 1, 2019; at the same time, many States have decided to “dilute” the suggested increase in penalties.
• New penalties have been introduced for ‘faulty registration details, the concessionaire or the contractor who is responsible for a faulty road design or has not followed standards, and for guardians of juvenile offenders to be penalised. 

 

 

Government initiatives:

• Supreme Court had set up the three-member KS Radhakrishnan panel on road safety in April 2014.The main recommendation of the committee was

• Ban on the sale of alcohol on highways (both state and national) to restrain drunk driving.
• The states were directed to implement laws on wearing helmets.
• Audit of road safety to be implemented by states to ensure the safety standards in the design, construction, and maintenance of roads.
• The committee stressed the importance of creating awareness among people on road safety rules.

 

• 3 Year Action Agenda NITI Aayog also highlighted need for Road Safety and set the following agenda:

• Strengthen rules governing road safety by passing the Motor Vehicles (Amendment) Bill, 2016.
• Create Road Safety Boards to reduce accidents. Use data to monitor accidents. We can do this by use of data to monitor accidents in real time and use this input to direct efforts towards correction on specific points.
• Standardize reporting of accidents and enhance preparedness through better logistics
• Provisions to ensure that whenever an emergency situation occurs, the victims are rushed to a nearby medical centre within 10 minutes of the accident.
• Create supporting infrastructure and economic models to support better safety and efficiency.

 

• Sundar Committee on Road safety and Traffic Management:

• The committee was constituted to recommend a structure for the Directorate of Road Safety and Traffic Management and advise on its role and functions.
• The Committee decided to address road safety covering all types of roads including rural roads, district roads, state highways and national highways as about 60 to 65% of the fatalities occurred on roads other than the national highways.

 

• The National Road Safety Policy looks at overall road safety, and outlines initiatives to be taken by the Government at all levels.

• The government is committed to:
  • Raise Awareness about Road Safety Issues
  • Establish a Road Safety Information Database
  • Ensure Safer Road Infrastructure
  • Safer vehicles with built in features at the design stage
  • Road Traffic Safety Education and Training
  • Enforcement of Safety Laws
  • Emergency Medical Services for Road Accidents

• Constitution of National Road Safety Council (NRSC)/ State Road Safety Councils and District Committees.
• Anti-lock Brake System (ABS) has been made mandatory for some classes of vehicles.
• The Ministry introduced Motor Vehicle (Amendment) Bill 2017 covering entire gamut of road safety. It has recommended a huge hike in various penalties for traffic violations like drunk driving, rash driving and driving without licence, recall of defective vehicle parts by auto companies and making vehicle owners criminally liable for violations committed by juvenile drivers – has lapsed, with the Bill failing to pass the Rajya Sabha test.
• Taking road safety as a serious issue, in 2015, India signed the Brasilia declaration and committed to reduce road accidents and fatalities by half.

 

Brasilia Declaration on road safety   The declaration was finalised at the Second Global High Level conference on Road Safety held in Brazil. The Brasilia Declaration commits to reduce the deaths caused due to traffic accidents. The declaration lays down recommendations on strengthening existing legislations, adopting sustainable transport and strengthening post-crash response. In the declaration, participants reasserted their commitment to reduce the deaths caused due to traffic accidents to half by the year 2020. This target was set under the 2030 Agenda for Sustainable Development. Citing its importance for traffic safety, the declaration promotes sustainable commuting ways and prioritises pedestrians, cyclists and motorists. It recommends “implementation and enforcement of policies and measures to protect and promote, in an active way, pedestrian safety and cyclists’ mobility, such as sidewalks, bike paths and bike lanes, proper lighting, radars with cameras, signalling and road marking”. The declaration further urges states to adapt road safety policies for the benefit of the vulnerable road users, children, youth, older persons and persons with disabilities. It highlights strategies to ensure the safety of all road users, by improving laws and enforcement; making roads safer through infrastructural modifications; ensuring that vehicles are equipped with life-saving technologies; and enhancing emergency trauma care systems.

 

 

Way ahead:

• Behavioural change: Drivers can modify their behaviour based on what they see on the road ahead of them. Drivers are more likely to fall asleep or experience boredom on straight, monotonous, dual carriageway roads with little traffic’. Stricter penalties and intensive driver training cannot reduce the risk of driver fatigue. However, road engineers can change the road design to reduce boredom and monotony.
• Designs: Road safety experts suggest that road designs such as lane width, shoulder presence, number of lanes and median design influence driving behaviour such as operating speeds, lane changing, etc.
• Safety interventions: Safety interventions have to be based on three important principles: recognition of human frailty, acceptance of human error, and creation of a forgiving environment and appropriate crash energy management. 
• International examples:  Experience from the U.S. and European countries shows that road standards alone cannot ensure safe roads for all unless safety performance is evaluated.
•  Sweden’s Road Safety Vision:Targeted approach and war-footed steps to achieve ‘Vision Zero’ i.ebringing road fatalities to zero, brought down fatalities to five or six annually. This can also be followed  in India.
• Awareness: Raising awareness on road safety issues and social-economic implication of road accident.

 

 

Conclusion:

India is committed to reduce the number of road accidents and fatalities by 50 per cent by 2020. However, road safety levels have taken a serious hit with the country witnessing one of the highest growth rates of vehicles in the world and rapid urbanisation over the years. It is even more disconcerting to know the road accidental deaths of young people in the productive age group, causing substantial loss of productivity to the nation. In this context, it requires establishing a system or institutional structure which enables the generation of new knowledge-new road standards thereby ensuring safe highways and urban roads. Thus, we have a long way to go in ensuring “safe road behaviour”.

 

Source)

https://www.thehindu.com/opinion/it-is-still-an-amber-light-for-road-safety/article29649952.ece?homepage=true