2017 INSC 0914 SUPREME COURT OF INDIA Dr.S.Rajaseekaran Vs. Union of India WP(Civil)No.295 of 2012 (Madan B.Lokur and Deepak Gupta,JJ.,) 30.11.2017 JUDGMENT Madan B.Lokur,J., 1. In this petition under Article 32 of the Constitution Dr. S. Rajaseekaran, an orthopaedic surgeon, a public spirited citizen and President of the Indian Orthopaedic Association has, inter alia, prayed for enforcement of road safety norms and appropriate 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. 1 SpotLaw 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 19 th 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 2 SpotLaw 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 accidents and had prepared a Bill for the amendment of the Motor Vehicles Act, 1988. 16. Thereafter, 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 of India 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.No. Issue contained in note Views by Ministry of Road Orders prayed by the i. Amicus Curiae AC Road Safety Policy: Transport & Highways Order Proposed: The Every State Government States / UTs which shall implement State Ministry of Road Transport & have not formulated Road Safety Policy the Road Safety Policy formulated as a result of Highways is in agreement with the may be directed to suggestion. All the States/UTs except Assam, Delhi, Nagaland, Tripura, 3 SpotLaw the intervention of the Lakshadweep, Dadra Nagar Haveli and formulate the policy on Committee on Road Andaman & Nicobar have already priority basis, latest by Safety. The said Policy formulated their Road Safety Policy. 31st December 2017. may be notified in the The States / UTs which have not The statement made by gazette and brought into formulated the Road Safety Policy, the Government of existence w.e.f. 1st have been requested to formulate the India may kindly be September, 2017, if not policy on priority basis. taken on record and already done so. ordered. State Road Safety Ministry of Road Transport & Order proposed: All Highways is in agreement with the Council: All State suggestion. All States / UTs except States / UTs except Daman & Diu, Dadra Nagar Haveli Government (except and Andaman & Nicobar have already Daman & Diu, Dadra constituted State Road Safety Nagaland) have Councils. Nagar Haveli and constituted State Road Andaman & Nicobar Safety Council as have already required under Section constituted State Road 215 of the Motor Safety Councils. The Vehicles Act, 1988 and others may be directed directed by the to constitute the same Committee. The said as per the Council must undertake recommendations of periodic meetings to the Committee on review the actions and Road Safety. The implementation of road Statement made by the safety laws and submit Government of India suitable reports to the may kindly be taken on competent legislature record and ordered. and the Committee on Road Safety. Lead Agency: Each Ministry of Road Transport & Order proposed: The State Government may Highways is in agreement with the States / UTs that have be directed to establish a suggestion. not established Lead Lead Agency as required Ministry held review meeting with the Agency, as defined and by the Committee on States to review the implementation of required by the Road Safety headed by a the directions of the Committee on Committee on Road senior officer and with Road Safety from 27th to 30thJune, Safety and depute adequate staff to be 2017. The States / UTs were requested adequate, dedicated solely dedicated to to establish Lead Agency and depute and professional / matters relating to adequate, dedicated and professional / technical staff may be licensing, issuing of technical staff. directed to do so by driving licences, and Few States viz. Chhattisgarh, Daman 31st December 2017 as registration of vehicles, & Diu, Haryana, Jharkhand, Jammu & per the standards set by road safety, and features Kashmir, Nagaland, Rajasthan, Tamil the Committee on of vehicles, pollution and Nadu have already established the Road Safety. The other allied matters. Lead Agency. statement made by the Government of India may kindly be taken on 4 SpotLaw record and ordered. Road Safety Fund: Ministry of Road Transport & Order Proposed: The Highways is in agreement with the States /UTs that have Pursuant to suggestion. not constituted the Some of the States viz. Bihar, Road Safety Fund may recommendations of the Chhattisgarh, Himachal Pradesh, be directed to establish Jharkhand, Kerala, Madhya Pradesh, the same as soon as Committee on Road Puducherry, Rajasthan, Uttar Pradesh possible and not later have established dedicated fund as per than March, 2018 and Safety all the States have directions of Committee on Road report to the Safety. Committee on Road commenced or During the review meeting held by the Safety. The statement Ministry, the remaining States / UTs made by the completed action to set have been requested to create the Road Government of India Safety Fund as per the directions of the may kindly be taken on up a Road Safety Fund Committee on Road Safety. record and ordered. 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. Road Safety Action Ministry of Road Transport & Order Proposed: The Plan: State Governments Highways is in agreement with the may be suggestion. States / UTs may be directed to formulate and During the review meetings held by notify "Road Safety the Ministry, the States / UTs have directed to prepare the Action Plan" with an been requested to prepare the annual annual target for target based Action Plan to reduce annual target based reducing road accident accident & fatality rate in pursuance of with effect from a date directions of Committee on Road Action Plan to reduce not later than 1st Safety. September 2017. accident & fatality rate in pursuance of directions of Committee on Road Safety and the report to the Committee. District Road Safety Ministry of Road Transport & Order proposed: Committee: All State Highways is in agreement with the Governments may be suggestion. State Governments directed to constitute District Road Safety may be directed to Committee headed by the Collector of the constitute District District which will fix targets for reduction in Road Safety accidents and fatality dependent upon peculiar Committee headed by facts of the District. As suggested in the written the Collector of the Note, District Road Safety Committee could District as soon as possible lay down responsibilities of said committees, including regular and periodic meeting and report to the Committee on Road Safety. The 5 SpotLaw include Superintendent statement made by the Government of India of Police, Health may kindly be taken on record and ordered. Officers, PWD Engineers, representatives of NHAI and RTO of the District. Engineering The Ministry is in agreement with the Order proposed: suggestion. However, the protocol has Improvement: The to be reviewed and updated from time Protocol for to time based on the experience Amicus Curiae submits gained. Identification and that one of the main Rectification of Black reasons for accidents is Spots prepared by poor quality of roads, MoRTH at the instance improper design, of Committee on Road inadequate curve, Safety may be directed inadequate depth and to be implemented by inadequate angle which all concerned including need to be maintained at NHAI and State crucial junctions. At Governments in the instance of the consultation with the Committee on Road Committee on Road Safety, the MoRTH has Safety. set up protocol for It may be clarified that identification and the said protocol would rectification of black be reviewed and spots. The said protocol updated by MoRTH for rectifying black spots annually based on the for better road safety is experience gained. annexed herewith as The statement made by Annexure ,,B pages the Government of (28 to 29). This Honble India may kindly be Court may be pleased to taken on record and direct that the same be ordered. 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. 6 SpotLaw Traffic Calming Ministry of Road Transport & Order proposed: This Highways is in agreement with the Measures: This Honble suggestion. Honble Court may Court may further direct direct that the State the State Governments to Governments should adopt Traffic Calming adopt Traffic Calming Measures at accident Measures at accident prone areas, junctions of prone areas, junctions lower hierarchy roads of lower hierarchy and other vulnerable roads with higher spots like schools, hierarchy roads and hospitals, etc. 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. Roads Safety Audits: In-principle, the Ministry is in Order proposed: This agreement with the suggestion. This Honble Court may However, there is a deficiency of Honble Court may be qualified auditors in road safety direct State Governments engineering in the country. Efforts are pleased to direct the being made by the Government to to carry out road safety build capacity, by way of organizing Central Government workshops on road safety engineering, audits during design, road safety audit certification courses to: etc. It would take some time to build construction and up capacity in the field of road safety (i) Conduct audit of 2 audit. Therefore, States may be operation of roads and permitted to set their own targets for most accident prone completing the road safety audits, as also in respect of per the guidelines issued by the stretches of Ministry from time to time. existing roads within a With regard to the recommendation of highways/expressways accreditation by National Road Safety specified time frame. Audit Board, it is stated that a proposal in each State as a pilot to create a National Road Safety Board This audit must be has been incorporated in the Motor programme, and carried out by auditors present strategies for accredited by National reducing the accidents; Road Safety Audit (ii) build capacity and Board. This National train at least 150 more Road Safety Audit Board auditors within the must consist of Senior period of next one Officers of the NHAI, year; MoRTH, of respective State Governments as The State well as Road Safety Governments/UTs may 7 SpotLaw Experts who are trained Vehicle (Amendment) Bill, 2017. The be directed to train at Road Safety Auditors. It bill has been passed by Lok Sabha. least 25 such auditors is respectfully submitted The proposed Board will deal with all within the period of that if roads were aspects of the road safety. next one year, and properly constructed and thereafter conduct maintained in this audits. country, as is done in The statement made by many overseas countries, the Government of road accidents would be India may kindly be much less. taken on record and ordered. Engineering Design of The road projects costing Rs. 10.00 Order proposed: It is New Roads: It may be crore or more may be of different types prayed that this directed by this Honble like re-surfacing of the road, Honble Court may be Court that no new reconstruction of bridges / culverts, pleased to direct the road/project costing construction of retaining walls for road safety audit more than Rs. 10 Crores protection of roads etc. Such projects including the design should be undertaken do not require the road safety audit. stage audit should be unless the design is Therefore, specifying only cost criteria carried out for all road audited and the audit for carrying out road safety audits is capacity augmentation recommendation are not appropriate. projects of 5 km or implemented to the It is proposed that the road safety audit more. satisfaction of the including the design stage audit should aforementioned National be carried out for all road capacity Road Safety Audit augmentation projects of 5 km or Board. more. Working Group on The report of the Working Group on Order proposed: This Engineering (Roads) contains a Engineering: it is detailed background discussion. The Honble Court may recommendations and suggested prayed that this Honble policies are contained in Para 4 of the issue the following Working Group Report. Many of these Court may pass an order recommendations are in the nature of directions as set out as general comments. directing that In view of the above, appropriate below: recommendations based on Working recommendations of the Group Report which can be passed by 1. Highways and urban Honble Supreme Court as directions Working Group on are brought out as below: road design standards - Highways and urban road design Engineering as directed standards and guidelines will be made and guidelines will be consistent with the safety requirements by this Honble Court and in tune with the international best made consistent with practices on a continuous basis at (marked as Annexure regular intervals. the safety requirements "C" pages (30 to 38)) be and in tune with the implemented forthwith international best as directed by the practices on a Honble Court. continuous basis at regular intervals. 2. Conduct Road safety audits at different stages of construction and operation. 3. All road 8 SpotLaw Road safety audits at different stages improvement should be carried out depending on the size / type of the project for all the projects including road development projects. - All road improvement projects resurfacing works including resurfacing works should have provision of signs & markings as should have provision per the requirements. - Adequate traffic calming measures of signs & markings as should be taken, wherever necessary, to enhance safety of vulnerable road per the requirements. users. - Existing stretches of National 4. Adequate traffic Highways & State Highways not covered in development projects on calming measures modes like BOT/EPC should be subjected to Road Safety Audits in should be taken, phased manner through a time bound programme. wherever necessary, to - Recommendations of Road Safety Audits should be implemented, enhance safety of preferably within 2 years of submission of audit reports. vulnerable road users. - Standard Road accident recording & reporting formats should be evolved 5. Recommendations considering all aspects of feasibility and manpower resources and be of Road Safety Audits published as standard documents for adoption by all authorities at Central should be and State levels. - Specialized accident investigation implemented, before centres shall be established to study a few selected accidents using accident further work is reconstruction techniques etc., and the details to be preserved in a data base. undertaken on the road - Institutionalized system of database storage and management should be concerned. developed for road accident data. A 6. Standard Road suitable web based electronic road accident data collection/compilation accident recording & system shall be developed for countrywide implementation. reporting formats - Centre of excellence for road safety Research & Accident analyses should should be evolved be developed in academic institutions across the country. considering all aspects - Establishing synergy between various 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. 8. Institutionalized system of database storage and management should be developed for road accident data. A suitable web based 9 SpotLaw stake holders (road authorities, electronic road academia, enforcement authorities, health authorities etc) in road safety at accident data central/ state levels is being strived through National Road Safety Council collection/ compilation and State Road Safety Councils. These should be strengthened and made system shall be robust to deliver the intended results. - Centre is extending support to Road developed for Safety Engineering improvements on state roads through specific schemes to countrywide act as benchmarks and models for further efforts by states. 10% of implementation. Central Road Fund (CRF) allocations have been earmarked for Road Safety 9. Centre of excellence Engineering works on state roads through Central Road Fund (State for road safety Roads) Amendment Rules, 2016. Detailed guidelines have also been Research & Accident issued in this regard. 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. Drivers Training: This In the Motor Vehicle (Amendment) Order proposed: Bill, 2017, it is proposed that the The Government of Honble Court may be transport driving license is to be India and the State renewed at an interval of five Governments may pleased to issue a years. be directed to take It has been proposed in the Motor such steps as direction that licenses of Vehicle (Amendment) Bill, 2017 that recommended by the the Central Government may make Committee on Road all drivers would be rules for such schools or Safety in a time bound establishments. The efforts shall be manner to ensure renewed after every five made to improve the quality of driving improvement in the training by prescribing detailed quality of driver years and would be curriculum as well as the infrastructure training and licensing and trainer requirements by the (including emphasis on subject to their Driving Training Schools. lane driving) as well as in the infrastructure qualifying the stringent and the trainer requirements 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 10 SpotLaw 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. Lane Driving: This Ministry of Road Transport & Order proposed: The Highways has already notified Court may issue a Motor Vehicles (Driving) Regulations State 2017 vide G.S.R. 634 (E) dated 23rd direction that all the June 2017 which mandates the lane Governments/ UTs driving and also provides for the State Government would protocol for overtaking. may be directed to issue a mandatory strictly implement circular that lane driving Motor Vehicles will be strictly insisted (Driving) Regulations upon in all parts of this 2017 notified vide country. Further, G.S.R. 634 (E) dated overtaking shall be only 23rd June 2017 which according to the mandates the lane protocols which are driving and also devised for the said provides for the purpose and protocol for contravention may even overtaking. result in forfeiture of his or her license. Road Safety Bureau of Police Research & Order Proposed: All Development (BPR&D) had prepared Equipment: All the a report in consultation with the State States/UTs on the norms for the State Governments will Governments/UTs may take steps to acquire and be directed to take 11 SpotLaw use cameras and other number of Traffic Police and also for steps to acquire and surveillance equipment the Equipment for identifying use cameras and other according to the norms violations of traffic laws with surveillance equipment suggested by the reference to vehicle population of that according to the norms Ministry of Home City/State and submitted the same to suggested by the Affairs to check and the Committee on Road Safety in the Ministry of Home detect traffic violators. month of September, 2015. Further, Affairs in a phased Further, this Honble Committee on Road Safety has manner to check and Court may direct that forwarded the report to all States/UTs detect traffic violators; special patrol forces on 30th November, 2015 (copy and may further be along the National attached in Annexure-II) directed to set up Highways, Expressways special patrol forces and the State Highways along the National be established. The Highways, States may also be Expressways and the directed to take the State Highways. This following actions to the may be done in satisfaction of the consultation with and Committee on Road to the satisfaction of Safety: the Committee on (A) Formulate and Road Safety. 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. 12 SpotLaw Alcohol and Road Ministry has written to the States vide Order proposed: No Safety: As per the order letter dated 6th April, 2017, for further orders are dated 15th December compliance of the orders of the required at this stage. 2016, by a judicial order Honble Supreme Court. Ministry of The statement made by passed in (State of Home Affairs had issued an advisory the Government of Tamil Nadu v. K. Balu, on road safety and accidents to all the India may kindly be (2017) 2 SCC 281) this States/UTs on 17th December, 2015, taken on record and Honble court prohibited advising for strict enforcement of ordered. the grant of licences for provisions of IPC and MV Act to the sale of liquor along prosecute and punish persons causing national and state injury or death in offences related to highways and over a road safety (detail attached in distance of 500 metres Annexure-III). from the outer edge of the highway throughout the territory of India. This Honble Court may further direct the State Governments to ensure that the said prohibition imposed by this Honble 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 Honble Court. Road Safety Education: The Ministry of Road Transport & Order proposed:This Highways is in agreement with the Honble Court may Pursuant to suggestion. further direct the State Governments/UTs to recommendations of the ensure that Road Safety Education and Committee on Road Counselling is also incorporated into the Safety, Road Safety curriculum laid down by the State Boards by Education has already 1st April, 2018.The been included by CBSE in school curriculums. This Honble Court may further direct the State Governments to ensure 13 SpotLaw that Road Safety statement made by the Government of India Education and may kindly be taken on record and ordered. Counselling is also incorporated into the curriculum of the State Boards. Speed Governors: It is Ministry of Road Transport & Order proposed: prayed that State Highways has already issued guidelines for fitment of approved State Governments be Governments be directed Speed Limited Device (speed to take steps to ensure governors) on transport vehicles. The directed to take steps that approved speed suggestion to upload the Unique Governors are fitted in Identification Number of the Speed to ensure that approved the existing transport Governor in the VAHAN database is vehicles and given acceptable. speed Governors are Unique Identification fitted in the existing Number. These numbers should be uploaded in transport vehicles and the VAHAN Database along with the details of given Unique the vehicle. The instructions issued by Identification Number. Committee on Road These numbers should Safety in this regard may kindly be direct be uploaded in the to be strictly followed. 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. Emergency Medical In respect of the Trauma Care Order proposed: This Programme being implemented by Honble Court may Care: As far as Ministry of Health & Family Welfare, direct that the State a total number of 116 Trauma Care Government shall emergency care is Facilities (TCFs) were identified and establish for every approved during the 11th Five Year District at least one concerned, this Honble Plan (FYP) and 81 TCFs were Trauma Care Centre identified during the 12th FYP. It may with all modern Court may direct that the further be mentioned that with regard medical facilities, and to trained para-medical staff for ambulances equipped State Government shall ambulances, the Programme Division, with first-aid facility the Director General of Health manned by trained establish for every Services has developed the Pre- para-medical staff hospital Trauma Technician Course should also be made District at least one curriculum, and the training is being available. Further, undertaken in the three Central District Magistrates of Trauma Care Centre with Government Hospitals of Delhi, every district may be namely Safdarjung Hospital, LHMC directed to ensure that all modern medical and Dr. RML Hospital since 2007. sufficient publicity is given in respect of facilities, and ambulances equipped with first-aid facility manned by trained para- medical staff should also be made available. 14 SpotLaw existing facilities Universal Accident The National Health Mission already Order Proposed: The provides for a call centre number State Helpline Number: This (108), which is being extensively used Governments/UTs may in the States for medical emergencies be directed to Honble Court may be including accidents. The ambulance strengthen the accident services are also operational in most of helpline number by pleased to order that the states through this call centre providing adequate number (108). facilities. The State there shall be one Governments that have not made ambulance Universal Accident services operational may be Helpline Number which directed to do so by 31st March 2018, and should be established by to further develop a code/method to utilize the Department of services of all ambulances in the area. Telecommunication throughout the country. Further, a universal code for ambulances should be notified by the MoRTH. Permanent Road Safety The Ministry of Road Transport & Order Proposed: The Highways is in agreement with the cells have been set up Cell: This Honble suggestion. and no further orders Ministry of Road Transport & are required at present. Court may direct that Highways as well National Highways The statement made by Authority of India have established the Government of National Highways road safety engineering cells. All the India may kindly be States/UTs have also been requested to taken on record and Authority of India must establish Road Safety Engineering Cell ordered. in their National Highways have a permanent Road Directorates by Ministry of Road Transport & Highways. Safety Cell consisting of suitable engineers and qualified personnel and which shall be established on or before 30th September, 2017. Data Collection: This Ministry of Road Transport & Order proposed: No Highways has already evolved a new further orders are Honble Court may format for recording accident data & required at this stage. report. The format is enabled for However, it may be direct that a computerized data entry. State directed that the said Government / UTs have been asked to format evolved by the computerized format be take further action to collect and report Ministry be strictly the data in new format. The Ministry followed. prepared by the MoRTH has been making the data public for The statement made by information of all the stakeholders. the Government of for collecting road India may kindly be taken on record and accident data throughout ordered. the country and data so collected should be made public so that even members of the public could pursue remedial actions or research. 15 SpotLaw GPS: It is submitted that Ministry of Road Transport & Order proposed: This Highways has already notified vide Honble Court may it has been found that use G.S.R. No. 1095 (E) dated 28th direct that all public November 2016 mandating the fitment service vehicles shall of GPS and GIS of vehicle location tracking device and be fitted with location emergency button in all public service tracking device as mapping encourages vehicles except two wheelers, e- mentioned by GoI and rickshaw, three wheelers and the said notification be safety both for drivers any transport vehicles for which no strictly implemented. permit is required under the Motor The statement made by and passengers. Vehicles Act, 1988. Fitment of GPS the Government of devices on other vehicles would be India may kindly be Therefore, it is prayed considered in due course since this taken on record and would put additional cost burden on ordered. that a direction be issued the vehicle owners in terms of cost of the GPS equipment. to all car manufactures that with effect from 1st January 2018 they would ensure that all vehicles are installed with GPS and GIS. Bus/Truck-Body Bus Body Code: Ministry of Road Order proposed: No Building Code: This Transport & Highways has already further orders are Honble Court may notified the bus body code vide G.S.R. required at this stage. direct that MoRTH may No. 287 (E) dated 22nd April 2014. The statement made by take suitable steps to Truck Body Code: Ministry of Road the Government of notify Bus/Truck-Body Transport & Highways has already India may kindly be Building Code so that notified the truck body code vide taken on record and henceforth buses and G.S.R. No. 1034 (E) dated 2nd ordered . trucks built on different November 2016 for vehicles registered chassis are not found on or after 1st October 2018. wanting in security and safety features. ABS, Air Bags and ABS: Ministry of Road Transport & Orders proposed: No Highways has notified for the fitment further orders are Headlights: It is prayed of ABS in motor cycles vide G.S.R. required. No. 310 (E) dated 16th March 2016 and that a direction be issued for four wheelers vide G.S.R. No. 120 (E) dated 10th February 2017 for new that in every model of models on or after 1st April 2018 and for existing models on or after 1st April car sold in India there 2019. Air Bags: Ministry of Road Transport shall be Anti-Lock & Highways finalized a standard AIS- 145, which is being notified. This Braking System and air standard would mandate fitment of Air Bags on all the LMV passenger bags. Further a direction vehicles. Automated Headlights On: Ministry be issued that all two- wheeler manufacturer will take recourse to "Automatic Headlights On" systems. It is prayed that a direction be issued that the State Government must not 16 SpotLaw allow vehicles with of Road Transport & Highways has impermissible headlights notified vide G.S.R. No. 188 (E) dated to ply. 22.02.2016 for fitment of ,,Automated Headlights On (AHO) in two wheelers manufactured on or after 1st April 2017. Crash Test: It is The crash tests for all the Light Motor Order proposed: No Vehicles (LMVs) have been notified further orders are respectfully submitted by the Ministry for implementation. necessary at this stage. The tests are to be conducted only by The statement made by that in view of the the testing agencies notified under the Government of Rule 126 of the Central Motor Vehicle India may kindly be doubtful crash test of all Rules, 1989. The agencies are required taken on record and to have their testing facilities ordered. the LMVs, crash test in accredited by National Accreditation Board for Testing and Calibration proper conditions must Laboratories (NABL). The Ministry has issued S.O. 1139 (E) dated be undertaken in respect 28.04.2015 and S.O. 2412 (E) dated 03.09.2015 amending the Central of LMVs by laboratories Motor Vehicles Rules, 1989 (CMVRs) notifying the following crash that are accredited. It is standards: - submitted that this Honble 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 Requirement for New Models- behaviour of 1.10.2017 value of human life. This steering All Models- may be done by 1st April mechanism of a 01.10.2019 vehicle in a 2018. Head-on New Models- 1.10.2017 Collision as per AIS 096/2008 All Models- Protection of 01.10.2019 occupants in the New Models- event of an 1.10.2018 offset Frontal Collision as per All Models- AIS 098/2008 01.10.2019 Approval of vehicles with regard to the Protection of Occupants in the event of a 17 SpotLaw Lateral New Models- Collision as per 1.10.2018 AIS 099/2008 All Models- Approval of 01.10.2020 Vehicles with regard to the Protection of Pedestrian and other Vulnerable Road Users in the event of a Collision with a Motor Vehicle as per AIS 100/2010 17. 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 of road accidents, we issue the following directions: "1. 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 Haveli and Andaman and Nicobar Islands, must now formulate the Road Safety Policy by 31st January, 2018. All States and Union Territories 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 31st 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 of 23 December, 2014. The States and Union Territories that have not done so should 18 SpotLaw establish the Lead Agency on or before 31st 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 23 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 31st 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 Action Plan: The purpose of a Road Safety Action Plan is to reduce the number of road accidents, as well as the fatality rate. The MoRTH has already requested all the States and Union Territories to prepare a Road Safety Action Plan but it appears that the response to this has been somewhat lukewarm. The State Governments and Union Territories are therefore directed to urgently prepare a Road Safety Action Plan by 31st March, 2018 and put it into action after giving it due publicity. 6. District Road Safety Committee: A District Road Safety Committee is required to be set up by the State Government for every district in terms of Section 215(3) of the Motor Vehicles Act, 1988. As suggested by the learned Amicus and agreed to by the MoRTH, the District Road Safety Committee should be put in place by 31st 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 design and identification of black spots needs to be reviewed and enforced. Accordingly, it is directed that the MoRTH should publish a protocol for identification and rectification of black spots and take necessary steps for improving the design of roads to make them safe. 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 by the MoRTH. However, such measures will need to be studied and then put in place. This 19 SpotLaw 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 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 20 SpotLaw 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 India1 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, 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. 21 SpotLaw 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 India2. 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. 22 SpotLaw 21. List for further proceedings on 7th February, 2018. Judgment Referred. 1(1989) 4 SCC 0286 2(2014) 6 SCC 0036 23 SpotLaw