Dr. S. Rajaseekaran (II) v. Union Of India & Ors.

Judgment

ORIGINAL APPELLATE JURISDICTION: Writ Petition (Civil) No. 295 of2012. Under Article 32 of the Constitution oflndia.

P. S. Narr-asimha, ASG, D.K. Thakur, S.S. Shamshery, AAGs, Gopal Subramanium (AC), Ajit Kumar Sinha, Sr. Advs., Gaurav Agarwal, (AC), Talha Abdul Rahman, Jayavardhan Singh, Pavan Bhushan, Manoj Swamp, Ms. Lalita Kohli, Sajid Imam Naqvi (for Mis Manoj Swarup & Co.), Krishna Kumar, B. Vinodh Kanna, Ms. Srujana Suman Mund, S.S. Ray, GS. Makker, Surinder S. Rathi, S. L. Gupta, Rajesh Sharma, Rajeev Gupta, Ms. Shalu Sharma, Mahabir Singh Mangla, Varinder Kumar Sharma, M.K. Thakur, Rajesh K. Sharma, Ms. Prerna Mehta, Dipak K. Nag, Ekansh Bansal, Parmanand Gaur, Bhupesh Narula, K. V. Jagdishvaran, Ms. G. Indira, Guntur Prabhakar, Ms. Prerna Singh, Gopal Singh, Shreyas Jain, Ms. Ruchira Gupta, Ms. Mona Sinha, Ms. Surabhi Mehta, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Puja Singh, Ms. Shodhika Sharma, Samar Vijay Singh, Ms. Monika Gosain, Shariq Ahmed, Varindcr Kumar Sharma, M. Shoeb Alam, Ms. Fauzia Shakil, Ujjwal Singh, Mojahid Karim Khan, Tapesh Kumar Singh, Mohd. Waquas,Aditya

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

The Judgment of the Court was delivered by

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

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

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

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

[201'1] 13 S.C.R.

5. In view of the non-adversarial stance of the Government of India, this Court passed an order on 22'd April, 2014 constituting a Committee on Road Safety under the Ciiamnanship of Justice K. S. Radhakrishnan, a former judge of this Court. The Committee was notified by the Ministry of Road Transport and Highways (MoRTH) of the Government ct idiu "" 30th May, 2014 and orders finalizing the terms anti co!'ditlons of appointment of the Chairperson and Members of the Committee were issued on 8th August, 2014.

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

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

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

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

[MADAN B. LOKUR. J.]

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

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

12. On J9th 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.

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

14. On 7"' November, 2016 we again noted that there was one death almost every three minutes as a result of road accidents. Unfortunately, the legal heirs of half the victims were not compensated (perhaps being unaware of their entitlement). We expressed our distress at this unfortunate situation and had to remind all concerned that we were not dealing with an adversarial issue but a public interest litigation for the benefit of the common man particularly for the victims of road accidents and their legal heirs.

15. On 11th April, 2017 we were informed by the learned Amicus that the Government of India had woken up to the problems faced due to road accidents and had prepared a Bill for the amendment of the Motor Vehicles A.ct, 1988.

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

s.

No.

i.

Vi cws by Ministry of Road Transport & Highways

Orders prayed by the AC

Road Safety Ministry of Road Policy: E~ery State Trausport & Highways (Jovernmc)1t shall is in agreen1ent with the i1nple1ncnt State suggestion. Road Safety Policy formulated as a All die States/UTs result of the except Assam, Dellli, intervention of the Nagaland. Tripura, Comtnittee on Road Lakshadweep, Dadra Safety. The said Nagar Haveli aud Policy 1nay be I Andaman & Nicobar notified in the 1 h:ivc already gazette and brought formulated their Road into existence w.e.f. Safety Policy. l" September, l11e States I UTs which 2017. if not already have not formulated the done so. Road Safety Policy. have been requested to formulate the policy on priority basis.

Order Proposed: The States I UTs

Issue contained in note of Amicus Curiae which have not formulated the Road Safety Policy may be directed to formulate the policy on priority basis. latest by 31 si December 2017. The staten1ent 1nade by the Goven1ment of India 1nay kindly be taken on record and ordered.

[MADAN B. LOKUR, J.) ii iii.

Slare Road Safety Omncil: All State Glvernment (except Nlgaland) have cmstituted State Road Satay Council as required under Section 215 of tl1e Mater Vdticles Ac~ 1988 and. dirocted by the Comnittee. The said Cootx:il trust undertake pericx:lC n1eetings to review the actions and in"Planentation of road safety lav.s and submit suitable reports to the oot'l'etent Jegishture and the Committee m Road Safety. Lead Agency: Eadt State Glvernment nny be directed to ~tablish a Lead Agency as raiuired by tlie Committee on Road Safety headed by a senior officer and with aci:quate slaff to be solely dedicated to rratters rehting to ticmsing issuing of driving licmces, an:l registration of vehicles, rood safety, and fuatures of vehicles, l"nution and otl1er allied ITBtters.

Ministiy of Road Transport & Highway.; is in agreerrent with the suggestiott All States I Ufs except Damm & Diu, O.dra Nagar Haveli and Andamm & Ni:chrr have already cmstituted State Road Safety Councils.

Onler proposed: All States I urs except Damm & Diu, Dadra Nagar Haveli and Atxlamm & Nicobar have already constituted State Road Safety Councils. The at hers may be directed the

Fe\\'

States viz.

Chhattis!l'fh, Drumn & Diu, Haryana, Jharkhatxl, JanlITll & Ka<ilunir, Nagaland, Raj8'1han, Tani! Nadu rave ab-mdy established the Lead Agoncy.

to corlititute tm sarne as per the rocou1nerxiations of

Ministiy of Road TraIBpOrt & Highways is 1n agreenllnt with the suggestion Ministiy hdd review m:eting with the States to review tre inplen'l!ntation of th! d~ections of the Comnittee oo Road Safety from 21' to 3o''June, 2017. The States I Ufs wa:e requested to establish lead Agency and depute addjuate, dedicated and professional I technical :.taff.

Comnittee on

Road Safety. The Statement nnde by the Govemm:nt of India nny kindly be taken on rocord and ordered. Onler proposed: The States I UTs that have not established Lead Agetx:y, as definal atxl required by the Committee on Road Safety and aci:quate, depute d<rlicated and profess ion al I techniral staff tray be directed to do so by 31" Dxember 2017 as per the Slandards set by tl>e Conrnittee on Road Safety. The statanent trade by the Govemrrent of India may kindly be taken on ra:ord and crdered

•y t.

iv

' Road Safety Fund:

. Pursuart to reconnrendatioll'l of the Ccrnnittee on Rood Saftty all the States have oomneooed er 00111lleted actim to set up a Road Safuty Fund wth aSfillred flow of rrooey as des ired by fui Committee. H:iwever, in such States \\h:re it res oot ccrne into place it mll'lt come into effect w.e.f. 1• Septcn::ber 201 7.

v

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

-.. -----+--~-----+ ---·-··--··-----t

Safety Action Han: State Cbvennnents tray be directed to fi:onulate and notify "Road Safety Action Plan" with an anrrual targii fer reducing rood acx:1der< ";~ ffect frcrn a date rnx later than 1" Septerrber 201 7. Road

Ministty of Road Trall'lpcrt & Highway.s is in agreanent with tbe suggestion Some of the States viz. Bihar, Chhittisg;irh, Hirnachal Pradesh, Jharkhand, Kerab, MadhY<t Praresh, Pududierry, Rajasthm, Uttar Pradesh have establisred dalicated fund as per directioll'l of Conrnittee on Road Safety. During the review meeting beld by tbe Ministty, tbe rermining States I Ufs rove been requested to create tbe Rood Safcty Fund as per the directims oftbe Ccmnittee m Road Safety. Ministty of Road Trarnpcrt & Highway.s is in agreement with tbe suggestion During the review meetings held by tre Ministty, the States I UTs rove been requested to prerme the arnrn.l target based Action Plan to raluce accident & fatality rate in pursuance of directioll'l of Comnittee on Road Safetv.

Onler Prqiosed: The States I UTs tray be directed to prei:are the amual tar!}'t rused Action Plan to raluce accidert & fatality rate in µirsuanee of directicns of Conrnittee on Road Sarety an1 the repcrt to the Committee.

District Road Safety Committee: All State Govenunents tnay be directed to constitute District Road Safety Canmittee headed by the Collector of the District which will fix target' for reduction in accidents and fatality dependent upon peculiar facts of the District As suggested in the \vritten Note, District Road Safety Committee could include Superintendent of Police, Health Officers, PWD Engineers, repr~entati\es of NHAJ and RTO of tl1e District vii of Road & Highwa1s is in agreement with the suggestion. Ministry

Tran~-port

Order proposed: State Govemnients n1ay be directed to constitute District Road Safety Committee 1-,,aded by tl1e Collector of tl1e District as soon as pa;sible lay down respcmsibilities of said corrnnittees. including regular and periodic n1eeting and report to the Committee on Road Saft1y. The statemm made by the Govemtnent of indi a may kindly be taken on reccrd and ordered.

Engineering

The Ministry is in Order

Impro\'ement: The Aniicus Curia? submits that one of the nnin reasons for accidents is poor quality of roads, ilnproper design, inadequate curve, inadequate depth and ina:iequate angle which need to be maintained at crocial junctions. At the inS:an<.-e of the Con1n1ittee on Road Safety. the MoRTH has set up rrntocol for identification and agreement \vith the ·suggestion. l-Towever. the protocol has to be reviewed and updated fro1n time to tin1e l:ased on the experience ~ined.

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

~-· proposed:

Prctocol for Identification and Rectification of Black Spots prepared by MoRTI-1 at the instance of Cormnittee on Road Safety lllaY be directed to be in1Jlemented by all concerned including NHAJ and •State GO"\.en1rnents in consultation with the C'..onnnittee on Road Safety. lt may be clarified that the said protocol would be reviewed and updated by MoRTH armual ly based on the experience giined.

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

The statement made by the Government of India may kindly be taken on

Ireead and crdered.

well "' the PWD Dqiantrents of all State I' Govennnerts as \vell their contractors. It is i important that the saire is also enforced in all express\vays being constructed on PPP 1ncxC.

Traffic Calming Ministry of Road Order proposed: This i\tleasures: This Hon'ble Trrut'ip()rt & Hon'ble Court may Court 1my further direct HighW<ly.; is in . direct that the State the State Govem111ents to I agree1nent \.\-ith the Governments should adopt Traffic Ca!mmg suggesnoo. 1 a<hpt Traffic Calming M~ures at accklcrt Me.asures at accident prone m;cas. jrn1ctirns of prore area<>, junctions of lower hierarchy roads and~ lower hierarchy roads with higher hierarchy other wlnemblc spcts road; and other ~t~e scl\ools, hospitals. vulrerable spcts like schools, lxi;pitals etc., ) aOO subrnit district wise C001Jliancc repocts to the Conmittce on Road

I , I I '

L-.

l

[

__

_

_

ISafety, as per the directions of the ; Committee on periodic

I~ Theby ;tatm': IGovem1nent of India lllaY kindly be takt.'tl on

_j_ ____~rec_oc_d_and_cr_dered_._ _ i'

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

ix

Roods Safety Audits: ln-}rinciple, the Order p~sed: This This Hon'blc OJurt llllY Ministry JS in Hon'ble (hurt imy be direct State Governirenls agreerrenl with the pleased to direct the to cany 01.t rood safety suggestioo. Ho'.\ever, Central Government to: 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 also in respect 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 m.JSt be carried out by Gi"'mrrent to build stmtegies for redicing auditors accredited by cajllCity, by w.iy of lhe a::cidenls; Nliional Road Safety <rJymizirg (ii) build capacity Audit Board. This \\OlkshJps on mad arxl train at least 150 Nliional Road Safely safely eqiineering. nne auditors within the Audit Boord ITT.Et oonsist road safety audit pcriod of next crie iear; of Senicr Officers of the certification oourses The State NHAI, MoRTil, of etc. It \\Ollld take Givemm:nts!Ufs llllY rCSJ:l!Cli"' Stale son10 time to build up be directed to train at Govemm:its as '.\ell as caplcity in the field least 25 such auditors Rood Safety fapern; ooo of road safety audit. within lhe I"rioo of next arc tmired Rood Safely Therefurc, Stales nny on: year, and thereafter Audilcrs. II is resµ:ctfully 1:e µmiitted to set conduct audits. submitted that if roads their cmn targels fer The statement mire by wcre propcrly corntructed .CCJYt>leting the mad the Govemm:nt of India and m1irtained in this safety audits, as pcr 1my kindly be taken on counby, as is cbne in the guidelines issuoo reccrd and crdered llllny ovcrsea; ccxmtries, by the Ministry from rood aecidenls \\Ollld be tiire to time. much less. 'M th rei;ntl to the rcconm:ndation of accrWitalion by N!tiooal Road Safety Audit Board, it is staled that a pmpa;al to create a National Rood Safely Board Ins bren iocoq=ted in the Motor Vehicle (Atrendm:nt) Bill, '.lll7. The bill has teen Jn=! by Lok Sabha The 1>m]DSCd Boan! will deal with all a~x:ct' of the road safely.

x

Engineering Design of The; road projects costing Rs. NC\v Roads: It rnay be 10.00 crore er more may be directed by this Hon'ble of different types like reC'..ourt that no ne\v surfacing of the rood. row.Vproject costing reconstru:tion of bridges f nvre than R~. 10 ('roru; culverts, COfl\truction of should he undertaken retaining walls fOr protection unless the desibrt1 is of roack etc_ Such projects Judited and the audit do not require the rood recurnn1endation are safety audit. Therefore, ;n1plemenlied to lhe sp:cifying only cost c1itcria satisfactiuI!l of the for carrying out roa::I safety aforen"l!ntioned National audits is not appropriate. Road Safety Audit It is proposed that the rwd Board. safety audit including the

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

1nore.

desi g)1 stage audit should be

I carried out for al I rood capacity oogrnentation f----+~~~~~--~~-+"'=-nrq~·~ec~1~s~o~f~5~k7n~1o~r~17n~or~e~.~-l-~~~~~~~-1 xi Working Gmup on The report of the Wcrki11g Order proposed: Engineering: it is Group on Engineering This Hon 'ble Court . prayed that this Hon"ble (Roads) contai11s a detailed niay issue the I Court n1ay pass an urdt.'f background discus.sion. l11e following directions directing that reconunendations and as set out as below: recun1111endatiuns of the suggested policies are l. Highways and \Vorking Group on cootained in Para 4 of the urban road design '1 Enginee1in~ as directed \Vorking Group Report. standards and by tl1is Hon 'ble Court Many of these i,'llidelines will be (nra.rkcd as Anncxure reconirnendations are in the niade consistent "(."' pag<S (30 to 38)) nature of general wmments. with the safety in1plen1ented In view of the above, require111ents and in j thrthwith as dire<.icd by appropriate tune \Vith the the Hon 'hie· C..ourt. reconm1endations based on intenlational best Working Group Report practices on a which can be JllSSed by continuous basis at I I Ion 'hie Supren1e Court as regular intervals. i directions are brought out as 2. Conduct Road safety audits at belo\v: .. Higl1\vdys and urlnn different stages of road design stan.iards <111d construction and re guidelines will be

111ade

\vith the international be;t practices on a continuous i OO.Sis at reb'l.llar intervdls.

operation.

consistent with the satety 3. All reguiren1ents and in u.u1e improvement

I-~-·

1_.

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

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

Road safety audit<; 4. Adequate traffic at different stages should cahning 111casurcs be carried out depending : should be taken, on the size I type of the : wherever ncoossaiy, project for all the road · to enhance safety of developn1ent projects. . vulnerable road All road , users. i1nprovement projt.-"Cts : 5. Rcco1nn1cndations including resurfacing of Road Safety works should have Audits should be provision of signs & in1plcirented, before nnrkings as per the further work is requiren1ents. undertaken on the A&quatc traffic road concerned. : cahning measures should 6. Standard Road be taken, wherever accident recording necessary. to enhance & reporting formats safety of vulnerable road should be evolved u5ers. considering all Existing stretches aspects of feasibility of National J-ligln.\'ays & and nnnpower State Highways not resources and be . covered in developn1ent published as i projects on modes like standard dccun1t.'11t'l · BOT/EPC should be , for adoption by all subjected to Road Safety authorities at Central ; Audits in phased n1anner and State levels. · through a tin1c bound 7. Speciali7Cd progranl11'le. accident Reco1n1nendations · investigation centres of Road Safety Audits shall be established should he implen1ented to study a few preferably within 2 years selected accidents of sul:nnission of audit using accident reports. reronstruction Road : techniques etc., and Standard acci&nt recording & the details to be reporting fonnats should preserved- in a data ; be evolved considering all base. : ac;pects of feasibility and ; 8. lnstitutionali7.Cd nnnpowcr resources and systern of database he published as standard storage and ! documents for adoption by managerrent should all authorities at Central , be <level oped for and State levels. road accident data. Specialized . A suitable web acci&nt i1westigation based electronic centres shall be e;tablished road accident data to study a few selected ; collection! acci&nts using accident ~

, recon.'itruction techni ues and tl1e retails to be callJilation ireserved in a data ba<ie. S)'>tem 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 II m Centre of excellence developed 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 NRSB retwectl various stake holders the (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 Go\Cl1Ul1Cllt 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:::=-~-'-~~~~~~

. I i etc., 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 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 oilier relevant factcrs. It fa Gi\cllllrellt may rrnke mumer to ernu:e necessacy that any person rules fer sirh sclools illlJl'OVenllnt in "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 as dri\ing) a; ""11 as 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 Uai1:er 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) \\>110 have tbe tbe requisite learning "'hicle; (d) \\OO have adcq.Jate facilities and take suitable n1.miier of tests before tbe final license by a public autbmity slnuld only be qx>ll recommidation of such an aocredited licensing institution Convuterized dri\ing tests sllOuld be rescrted for checking d'iving skills.

fi'"

'"'ll xiii ove1taking.

~iv

Lane Driving: 1l1is Court 1nay issue Ministry of Rood a direction that all the State Transport & Gove1nment would issue a Highways has tnandatol)' circular that Jane driving already notified \.Vil I he strictly insisted upon in all Mater Vehicles parts of thi$ counny. Further, (Dliving) overtaking shaO be ooly according to Regulations 2017 the protocols which are devised for vide G.S.R 634 (El the said purpose and contravention dated 23"' Jtme 1nay even resnlt in fotfeiture of his or 2017 which her license. rmndates the lane driving and also provides for the f!'Olocol for

Rood Safety Equipment: All the Bureau of Police State Govem1nenL"i will take steps to Research & ncquire and use catncras rn1d other Develq11ncnt surveillance cquip1nent according to (BPR&D) had tl1e nonn~ suggested by the Ministry ~ernred a repo1t in of Home Affairs to check and detect consultation with traffic violators. Further, this Statcs/UTs on the Hon'ble Court 1nay direct that nonns for the special patrol forces along the number of Traffic National Highways. Expressways Police and also for and the S~1te Highways be the Equipinent for established. Tiie States 1roy also be identifying directed to take the following action'i violations of traffic to the satisfaction of the UJ1runittce la\VS with reference on Road Safety: to vehicle (A) Fonnulate and enforce a 1x:.pulation of that policy for the removal of all City/State and hoardings and objects which obstnict submitted the same d1iving or distract drivers. to the Committee (B) Fonnu1ate and enforce a rn Road Safety in policy for dztection and rcn1oval of the rnonth of encroaclm1ent on all ped~t1ian path September, 2015. which v.till cutl'ie any hindrance to Further, Committee on Rood Safety has pedcslrians and vehicles. (C) Issue a direction that all fo1wardcd the to all driving licenses will be suspended report for a period of at least one year under States!UTs on 3ffh Section 19 of the Motor Vehicles Act November. and Rule 21 of the CM\' for over (copy attached in speeding, red-light ju1nping. use of Annexure-Il) cellular phone while dJ.iving. over loading, and using goods caniage for fenving passen~rs.

•

Order proposed: The State Governrnents/ UTs n1ay be directed to strictly implement Motor Vehicles (Diiving) Regulaticns 2017 notified vide G.S.R 634 (E) dated 23rJ Jmc 20 I7 which 1nandates the lane driving ard also provides fer I.he protocol for overtaki112. Order Proposed: All the State Goverrnnents/UTs may be directed to take steps to acquire and use cameras and uth1.."T surveillance equipment according to the nonns suggested by the Ministry of Ho1ne Affairs in a phased tnanncr to check and detect traffic violators; and may further be directed to set up special patrol forces along the National HighWdyS. Expressways and die State Highways. This may be done in consuJtation wit11 and to the satisfaction of the Corrunittee on Road Safety.

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

[MADAN B. LOKUR. J.]

xv

Minist1y has Order proposed: Mitten to the States No further orders vide letter dated6"' are required at this April, 2017, for stage. The compliance of the statement made by orders of the the Government of 1-lon'ble Supreme lrxlia may kindly Court. Ministry of be taken on record Home Affai1> had arxl ordered issL>::d an adviso1y on road safety and accidents to all rl1e State&IUTs on 17'" December, 2015, advising for snict enfOrcenient of provisions of !PC and MY Act to prosecute and punish persons causing injury or . death in offences related to road safety (detail attach!d in Annexuro-111).

The Ministry of Road Transport & Highways is in agreement with tl1e suggestion.

Alcohol and Road Safety: As per the order dated I sh December 2016, by a judicial order passed in (State of Tamil Nadu v. K. Balu, (2017) 2 sec 281) rl1is Hon'ble cmnt prohibited the grant of licences for the sale of liquor along national arxl state highways and o"'r a distance of 500 metres from the outer edge of the highway throughout the territoty of India. This Hon'ble Court may ti.nther direct the State Govem1nents to ensure that the said prohibition inposed by this Hon'ble Cou1t be effectively implemented. Further, three fmmd d1i\1ng under the influence of alcohol xvi should be prosecuted under the Motor Vehicles Act, I 988 as well as under the Indian Penal Code, 1860 within a tinle period fixed by this Hon'ble Court. Rood Safety Education: Pursuant to recommendations of the Committee m Road Safety, Road Safety Education has already been included by CBSE in school curriculums. This Hon'ble Comt 1my further direct the State

Order proposed:Tlris Hon'ble Court 1my fwther direct the State C'..ovemment&IUTs to ensure that Road Safety

Govemn1ents to ensrne that

Education

Road Safety Education and also Counselling is incotporated into t1~ curriculum of the State Boards.

C.ounselling is also ircotporated into the curriculum laid oown by the State Boards by I"' April, 2018.The statement made by the Government of India 1my kindly and arxl ordered re taken on record

Speed Goveroors: It i' ( Mini>11y <f Rm! Order pll\l(JSed: State prayed that Slate ' Tran;port & Highmiys Gaverrnrents he direct<Il Governments he diro:tcd ms already is:,uxl to take stCJE to emure to take steps to ensire 91idelines for fit1rent of that "Pl''°'ed spew that appro\\XI s-peed 3J:Pmved Speed Limited Glvernoo; !l"C fitted in GovemoIB ai~ frtt<Il in O:vice (speed govemoIB) the existing transport the existing tran.;JX1!1 m ~rt vehicles. The ve!icles and ghen vehicles and given suggesticn to upload the Unique Tdentificatim Uni<pe ldcntification llique klentificatim Nmrlier. Th:se mniiers Nurlier. Tht:se nunrns Nunber of the Speed should he uplooded in should be uploaded in the Givemor in the VAHAN the VAHAN Dital:ese VAHAN llitahise almg cbtata"' is accqtaHe. along "ith the de1ails of \\ith the details of the the vehicle. The vehicle. TI~ iffitru:::tiorn instructions i&soo:l ~ is..'\uerl by (',Q111nittee on 1 Coimlittee on Roo:l Rrnd Safety in this rcgaid I Safety in this regard llllY 1ruy kindly bc di11.xted to kindly be dilt!Cted to be strictlv folJcm<Il. _ _ · l(Vu; · the Trauma Oller proposed: This C.n: As fur as I Gire Program"C bciqi Hon'ble Cbut 1my Cll'CJgency ~ is nrpemented by Ministiy diroct tmt the State oonccm<rl, this Hon'l>e , <f Health & Farrily Govem1rent shall O:urt nny direct tmt the W!lfru,,, a tctal mmier estoolish fur C"'1)' State Givemm.'llt shall <f 116 Trau1rn Gire Disnict at least one establish for eveiy Facilities (fCFs) -~ Tm11m Oire Centre District at least one idct•ified 111d awroved \vith all m>dem mxlical Tmunn Olre Centre \vith duing the 11 • Fhe Year facilities, an:l all mJdem 1redical flan (FYP) and 81 TCFs rurbulances equipped facilities, an:l '1!rbulances \\ere identified dining the "ith fot-<1id fuci!ity equipped \vitll fi1't-aid 12'h FYP. It 1my further manred ~ trained {'lt"facility 1m1ncd by ho nutioned that \\ith n"Cdical staffsluuld also trained I'Xilli-nlXiical ~taff l"C£i:ll'd to trdined par.t- be mid: available. District 'hould alw be nme nulical staff for fu1her, availal:le arrbulanccs, the ~strates <f ""-"IY ltogrannr Dimiol\ the district 1my he direct<rl Dircctcr Gencral of to ensure that sufficient , Hoalth Sa-vices ha.5 JXJliicity is given in developed tbc Pre- respect of cxistiqi luspital Tra1J1m fucilitie& 'I Technician Cotmsc CU1icu11J111. and the training is bci Ill mOCrrnkcn in the three Qntral Gi\ennrcnt Hosptals of O:lhi. ' llllOCly Safdnjurg Hosfital, LHMC ruld l::t.

::.;~~ °''-~redicaihrespeciof

[_ ---·--· _j~ H<hpital-si_oc_e~------·- xix xx xxl

Unhersal Accident The National Health Hflpline Number: This Mission ah-eacy ir<Mdcs Hon'ble C'nurt 1my be for a all! centre nun:ber pl eased to olilir lhat tha"c (108), \\llich is being shall be cne Uni""'31 cxternively used in the Acx:ident Helpline States for nxrlical Nw1:tier "'1ich should be eirerg,'tlcies indudirg estal:i ished by the acci"""1s. The ani:>ulanx Dqlart1rent of services are a1so cperatioml in 1m<t of the Teleconnunication throll!hrut the country. states tlmmgh this call Further, a universal code oettre ruii:><r (108). fer arrb.ilanxs should be notified by the M<RlH

Order Pr<posed: Tho Slate Cb=rcnts/Ufs 1my be directed to .trerg!hen tbe occid:nt helpline m.url:ier by pro,;ding adeqJate fucilities. Tho Slate C"'vennrents that ha"' not ITTJde ani:>ulanoe services ~nitiom.I n11y be directed to mso by 31" March 2018, ard to linth:::r dcvdop a code'n1'th<xl to utilize servicx:s of all arnbularrcs in the area Order~: Tho oells have been set 14' and no lintber md:rs are required at ire;ent Tho statement made by tl1c Govennrent of India 1my kindly be taken on reconl and ordtmi.

Penmnett Road Safety The Mini;try of Rood Cdl: This Hon'ble Crut Transport & High\v.iys is 1my direct lhat Natioml in agreamnt with the Higmays Aulhaity of &Ugge5.tiffi. India 1rust lnve a Mini>ily of Rood penmnent Rm! Safcty Trdll5]10rt & Highways as C'.cll cmsisting of suitable v.<:ll Natiornl Highways engineers and q.ialified Authority of hla have pen;onnd and \\hich shall c;1ablished rood safety be c;1ablished on er engineering cells. All the before 30"' SeJteni:>er, States!Ufs lnve also 2017. been requested to establish Rood Safety Engineering Cell in their Natiooal High\wys Directcrate; by Minc'itJy of Rood Tr!lll5]10rt & High"""· Data Coll«tion: llis MiniS!l)I of Rood Order proposed: Ni Hoo'hle Crurt troy direct Trarnport & High'Mlys linther onlors are that a conwteriw.l Ins already C\olved a required at this stag» f mmt be rr"fllred by the now fmnat for reccrdirg H::)\.\ever, it 1my be MoRTH for collecting accid:nt data & report. dirocted lhat the said rood accident dita 1l1e fonmt is embled for fonmt cwl \<XI by 1he thro~ lhe coun!l)I ca'l'utcri2ed data enny. MinL<try be strictly and data so oollected State Gove1111rnt I Ufs followed should be nmc µiblic so lnve been '6ked to take TI1e ;tatcnmt mule by that even m.'tli:>ers of tlic fUT1hcr a::ticm to col lcct tlie Govellllrent of India public oould pur.rue and report the data in new nny kindly be taken on rcnmial actions cr fonmt 1re Mnb1ly has reconl and """"'1. research. hem 111aki ng the data µiblic for infrnmtion of all lhe ;tlkehllcbs.

xx ii

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

xxiii

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

XXi\'

ABS, Air Bags and Headlights: It is prayed that a direction be issued that in every nlOOcl of car sold in India there shall be Anti-Lock Braking Systen1 a1xl air bags. Further a directicn be issued that all n.vo\Vhccler n1<1.nufacturer \Vill take recourse to of Road Ministry Transport & Highways has already no ti tied vide G.S.R. No. 1095 (E) dated 2s• November 2016 niarxlating the titincnt of \t:hiclc location tracking de\ice and en1ergency button in all public service vehicles exceit two \vh:elers., ericksha\v, three \vheelcrs and any transpm: vehicles for \vhich no permit _is required under the Motcr Vehicles Act, 1988. Fitn~nt of GPS devices on other vehicles would be considered in due course since this would put additional cost burden on the vd1idc o\\ncrs in tenns of oost of the GPS ""llinment. Bus Body

Code: Ministry of Road TranSJXlrt & High\\ays has already notified the bus body code vide G.S.R No. 287 (E) dated 22"d Apri I 2014. Truck Body Code: !vfinistry of Road Transrort & High\\'llys has already notified the truck body code vide G.S.R. No. 1034 (E) dated 2"' November 2016 for vehicles regi&ered on or after 1'1 Octolxr 2018. ABS: Ministry of Road Transport & Highways has notified for the fitrnent of ABS in rrnccr cycles vide G.S.R No. 3 to (E) dated 16'' March 2016 and for fotr wheelers vide G.S.R. No. 120 (E) dated 1o•• February 2017 for ne1.\' models on or after 1"

Order proposed: This Hon'ble Court may direct that an public servic~ vehicles shall be titted with location tracking device as matt ioncd by Go! and the said notification be strictly llnplenJented. The statement 1nadc by the Government of India may kindly be taken on reccrd and ordered.

Order proposed: No further orders are required at this stage. The statement made by the Government of India may kindly be tikcn on reccrd and ordered.

Orden proposed: further orders required

No are

DR. S. RAJASEEKARAN (11) v. UNION OF INDIA & ORS. "Automatic Headlights On' sysrems. It is prayed that a direction be issued State that the Govcmincnt inust not allow vehicles with

April and for existing nlOdcls on or after

1" April 2019. Air Bags: Ministry of Road TranS'J'Olt & Highw.iys finalized a in1ix:rnlissible headlights stan<lard AIS-145, which to ply. is being notified. l11is stardard would 1mndate fiu11ent of Air Bags on all the LMV passenger vehicles.

xxv

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

Automated Headlights On: .. Ministry of Road Tnutspert & Highways has notified vide:·o.s.It-. No.: 188 (E) dated 22.02.2016 for iitment of 'Automated Headlights Oa' (AHO) in two vmeelers n1anufactured on or after I" April 2017. The crash tests for all rlle Light Motor Vehicles (LMVs) have been notified by the Ministry for itnple1ncntation. ·n1c tests are to be conducred only by tllc testing

Order proposed: No further orders are necessary at this stage. The state1ncnt made by the Govenu11Cnt of of LMVs by laboratories agcn:ies notified under India 1nay kindly tlurt: are accredited. It is Rule 126 of tlic Central be taken on record submitted that this Motor Vehicle Rules, and ordered. Hm 'ble Court nuy 1989. 111e agencies are further direct that all required to have their vehicle testing agencies testing facilities accredited in India should be internationally accredited I reCOblilized to ensure that crash tcslli are genuinely and by National Accreditatirn Board for Testing and Calibration

Lalx>ratocics (NABL).

The Ministry has issUt.>d sincerely undertaken S.O. 1139 (E) dated having ut1rost regard to 28.04.2015 and S.0. 2412 the wlue of human life. (E) dared 03.09.2015 This may be done by 1" ainending the Central April 2018. · Motor Vehicles Rules, 1989 (CMVRs) notifying the following crash standards: -

Standards

Date of collvtl"1cement /validitv Recpirenrnt New fcr bel>1viour Midelsof steering 1.10.2017 nrchanism of All a vehicle in a MidelsHead-On Ol.10.2019 Collision per AIS 0%2008 Protecti en of New Modelsoccupants in l.I0.2017 the event of an All Modelsoffset Frorial 01.10.2019 Collision as per AIS 098/2008 -Approval of New Mirelsvehicles with 1.10.2018 regiird to tl1e All ModelsProtecticn of 01.10.2019

"'

O::cuparts in the event of a Lateral Collision per AIS 099!.2008 Approval of Vehicles with regwd to the Protecticn of Pedefilian and other Vulirrable Rood Usa-s in the event of a Collision with a Motor Vehicle a• per AIS 100'2010

"'

I I I

New Mxi!ls1.10.2018 All Models01.10.2020

DR. S. RAJASEEKARAN (ID v. UNION OF INDIA & ORS. (MADAN B. LOKUR, J.]

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 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.

l:J

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

[MADAN B. LOKUR. J.) 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 ofIndia' 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 ofABS in motor cycles vide GS.R. No. 31 O(E) ' (19891 4 sec 2&6 r;

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

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

18. We make it clear that the directions given above arc those that have been ~greed upon by the parties before us and are in addition to and supplement the directions already given in S.Rajaseekaran v. Union oflndia12 We commend the efforts put in by the learned Amicus Curiae and the Justice K.S. Radhakrishnan Committee on Road Safety. We are confident that the directions given above, at their instance and with the support. cooperation and assistance of the MoRTH, will save thousands oflives in road accidents and crores ofrupees in compensation payable by the insurance companies - provided the directions are faithfully and sincerely complied with.

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

20. We may note that none of the directions given by us or the directions given earlier by this Court are difficult to comply with. In this connection, we may draw attention to the excellent document prepared by the Committee on Road Safety and the MoRTH titled "Consulting Services to Audit the Imple111entation by the States of the Directions Issued by the Committee on Road Safety - Group 4- Final Report" concerning Haryana prepared in September 2017. The Report has 'r2014l 6 sec J6 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.

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

Nidhi Jain

Directions issued.