June 17, 2018:

Critical Analysis of Road Safety in India By Kavisha Gupta (Download PDF)

The Author, Kavisha Gupta is a 3rd Year student of New Law College, Bhartiya Vidyapeeth Deemed University, Pune. She is currently interning with LatestLaws.com.

INTRODUCTION-: 

In the last decade, India has lost around 1.3 million people to prevent   road crashes. The figure has increased to 5.3 million when people were left poor-able for their life. India   has been one of the countries of highest number of road accidents with crashed taking place every minute & 1 death every 4 minute.

Though   it   has just 1% of the world’s vehicles, India adds upto 10 % of the global road accidents which is the highest in the world. According to the report published by the Transport Research Wing(TRW) of Ministry of Road Transport & Highways(MORTH),under-“Road Accidents in India” around 1,46,133 people lost their life in road accidents in the year 2015 which consists about 12,589 children too. These digits are not only the highest that India has ever recorded in the past, but it indicates a 53.9% increases over the last decade. Moreover, a ten  fold increase since the year 1970.The effects of road accidents can have dire consequences which not only includes the loss& impairment of a breadwinner in the family but emotional trauma on many families resulting in mental; physical & psychological stress also.It also imposes a severe financial burden by trapping the entire household into poverty. Around 80% of the people still feel unsafe on the roads. The issues relating to road safety occupy a very significant position in the minds of the people today that’s why 86% of the citizens of India feel that the theme of road safety is vital in nature.

As it is a very well-known fact that India has the second largest road network in the world with over 4.24 million km as of now which includes National Highways, District roads & village roads carrying around 80% of the country’s passenger traffic & also 65 % of freight traffic. India still needs to adopt a safe system approach to road engineering according to the World Health Organization report 2016.

BACKGROUND OF ROAD SAFETY-:

Road traffic crashes are one among the world’s largest public health and injury bar issues. the matter is all the a lot of acute as a result of the victims are irresistibly healthy before their crashes per the planet Health Organization (WHO), over one million folks are killed on the world’s roads every year. A report printed by the United Nations agency in 2004 calculable that some one.2 million folks were killed and fifty million scraped in traffic collisions on the roads round the world every year and was the leading reason for death among youngsters 10–19 years getting on.

The report conjointly noted that the matter was most severe in developing countries which easy bar measures might divide the quantity of deaths. The standard measures utilized in assessing road safety interventions are fatalities and killed or seriously scraped (KSI) rates, sometimes per billion (109) kilometres.

Countries caught within the previous road safety paradigm, replace KSI rates with crash rates — as an example, crashes per million vehicle miles.

Vehicle speed among the human tolerances for avoiding serious injury and death may be a key goal of recent road style as a result of impact speed affects the severity of injury to each occupants and pedestrians.

For occupants, Joksch (1993) found the likelihood of death for drivers in multi-vehicle accidents hyperbolic because the biquadrate of impact speed .Injuries are caused by fulminant, severe acceleration (or deceleration); this can be tough to live.

However, crash reconstruction techniques will estimate vehicle speeds before a crash. Therefore, the amendment in speed is employed as a surrogate for acceleration. This enabled the Swedish Road Administration to spot the KSI risk curves victimization actual crash reconstruction information that light-emitting diode to the human tolerances for serious injury and death documented on top of.

Interventions are typically   abundant easier to spot within the trendy road safety paradigm, whose focus is on the human tolerances for serious injury and death. As an example, the elimination of head-on KSI crashes merely needed the installation of Associate in Nursing acceptable median barrier. Also, roundabouts, typically with speed reducing approaches, encounter only a few KSI crashes.

LEGISLATIONS RELATED TO SAFETY OF ROADS-:

MOTOR VEHICLE’S ACT, 1988-:

The existing motorcars Act, 1988, associate imperial legislation, has evidenced to be inadequate in addressing the general challenges plaguing the road transport sector and has didn't guarantee road safety for the individuals of Republic of India.

Road traffic in Republic of India presently operates within the legal framework established within the motorcars Act, 1988. whereas the Act was enacted at a time once the expansion in India’s road transport sector couldn't are envisaged, it's solely been moderately amended within the last twenty eight years with complete disregard to safety and rationalization of penalties. The Act, has evidenced to be inadequate in addressing the general challenges plaguing the road transport sector and has didn't guarantee road safety for the individuals of Republic of India.

ROAD TRANSPORT & SAFETY BILL,2014-:

In 2014, comprehensive recommendations were sent to the Ministry of Road Transport and Highways within the chapters touching on road safety admire Road Safety and Traffic Management, main road Protection Force, and Offences and Penalty.

Supreme Court Guidelines:

Supreme Court in Dr. S Raajaseekran v. Union of India (WP Civil No. 295 of 2012) issued certain Guidelines in relation to Road Safety in India which are as follows:

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 23rd December, 2014. The States and Union Territories that have not done so should 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 licenses, 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 23rd 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 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 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 counseling 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, 2018.

21. Data Collection:

The MoRTH has already taken steps for recording accident data and reports through computerized data entry. The State and Union Territories have been asked to take further action in this regard and make the data public for the information of all stakeholders. This needs to be followed up and no further orders are necessary in this regard.

22. GPS:

The MoRTH has already notified vide G.S.R. No. 1095 (E) dated 28th November, 2016 mandating the fitment of vehicle location tracking devices in all public service vehicles subject to some exceptions. Since this has cost implications, the MoRTH may assist the State Governments and Union Territories to ensure that to the maximum extent possible and within the shortest time frame, location tracking devices must be fitted in all public service vehicles as notified.

23. Bus/Truck–Body Building Code:

This has already been notified by the MoRTH with regard to buses vide G.S.R. No. 287 (E) dated 27th April, 2014 and with regard to trucks vide G.S.R. No. 1034(E) dated 2nd November, 2016. No further orders are necessary in this regard. 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.

24. 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.”

BEST ROAD SAFETY RULES-:

Safety is considered as one of the most important issues in the road transport system. Proper Plan of Action adopted a number of performance pointers to be measured annually by recording the development of parameters like reduction in the rates of accidents , operating speeds, technical standard of heavy vehicles, usage of seat belts, ban on drink & drive attitude etc should be taken into consideration for having a safe atmosphere on the road. It is a high time now that India should adopt the following ten best safety rules from countries like discussed below-:

  1. STRICT ROAD SAFETY LEGISLATIONS-:

A stronger, a lot of comprehensive road safety legislation and effective social control to influence however individuals behave on the roads. WHO supports countries to assess their current laws or bills, determine gaps and outline priorities for effective action.

  1. AWARENESS AMONG CITIZENS-:

WHO helps governments to produce laborious hit mass media campaigns that attract attention and effectively support different activity modification measures. Additionally, WHO works directly with journalists within the print and broadcast media to make sure that the magnitude of road traffic deaths and injuries and the impact they need on public health and people’s lives square measure adequately according in native, national and international news.

  1. BAN ON DRINK & DRIVE POLICY-:

Drinking and driving, particularly with a blood alcohol concentration (BAC) level of over 0.05 g/dl (grams per deciliter), greatly increases the danger of a crash and also the chance that it'll end in death or serious injury. Teenagers are at larger risk of alcohol related road crashes are  the quantity of crashes involving teenagers are often reduced by as much as pure gold by laws that establish a lower blood alcohol concentration (around zero.02 g/dl) for young or novice drivers.

  1. MANDATORY USE OF HELMETS-:

Wearing a customary motorbike helmet properly can cut back the danger of death by virtually four-hundredth and the risk of severe injury by over seventieth. Once motorbike helmet laws area unit implemented ,helmet-wearing rates will increase to over ninetieth. Requiring helmets to fulfill recognized safety standards, to be in fitness and to be properly worn, e.g. not cracked and properly fastened, will considerably cut back head injuries.

  1. DRIVER TRAINING & SPEED-:

The  driving ability  is  one  of  the vital  factors  for  the  Road  Safety.  Novice   driving may result  in  uncontrolled  vehicle  and  rash  driving.  Both   the   factors contribute  fairly  to  increase  accident  rate.  Newer  tools offered currently would like  to  be  used  to  train  and  develop  skills  in  road  usage. it's not solely safe driving. The drivers irrespective of the area where the they reside, should be given Hill Driving Training as Hill Driving is very technical and dangerous for amateur drivers who may lack understanding some basic rules of Hill Driving like Not to overtake at Blind Curves, Allowing the Vehicle on Incline to go first. Lack of understanding of these basic rules may lead to fatal accidents. How to react when an accident takes place is incredibly vital, because it is the concern of others which may save life. This must be a part of the training.

  1. NEVER RUN ON ROADS-:

This one is hard for youths to follow, however it's quite dangerous to let very little ones lie the streets. Tell them to tame their spirits and refrain from sprinting or running.

  1. PROPER SPEED MANAGEMENT IS IMPORTANT-

Generally tike loves speed, however this fun value you your life or permanent disabilities. it's one amongst the foremost necessary issue controls the traffic accidents. Virtually each year over dashing quite forty fifth of the intense crashes because of over dashing your reaction times becomes terribly less. it's a lot of dangerous & serious for our life. So, it's well to drive among the regulation.

  1. NEVER BREAK RED SIGNAL-:

It is commonest causes for road accidents after you take a risk to run on red signal, another automobile can flip, it causes some serious accidents. So, ne'er break red signal look forward to inexperienced signal.

  1. USE ZEBRA CROSSINGS-:

A crossover may be a style of crossing utilized in several places round the world. Its distinctive feature is alternating dark and lightweight stripes on the level, resembling the coat of acquit. A crossover usually provides priority to rights of due to pedestrians.

  1. AVOID UNNECESSARY OVERTAKING-

Overtaking alternative vehicles are often dangerous the issue with reordering is decision making the house needed to finish the man oeuvre safely. Both single lane and multi-lane reordering man oeuvres involve risk and need extreme care. If you have got any doubts it's best to not overtake and to attend till it's safer. You must overtake on the correct unless a vehicle is waiting to show right, is stationary, or if you and also the alternative vehicle area unit move in marked lanes. In these instances you will overtake on the left aspect if it's safe

 

CONCLUSION-:

Roads area unit biggest supply of interconnectivity inside state and across and inter-county cooperation will offer them international dimensions too they're supply of providing social, financial, health, business enterprise property for each individual but, if safety is forgotten they will offer a private et al. fatal consequences. It's necessary to understand that right to life and liberty involves making certain safety at each level as  whereas we area unit walking or driving on roads.

With rise of road safety issues so a lot of being done to extend road transport, there's a desire to sensitize the drivers on road regarding the responsibility towards atmosphere, fellow individuals on and traffic. It's typically contended by individuals at giant that the fine being to tiny provides ample reason why the violations area unit a lot of.

However, the idea of less fine for traffic violations is on the far side acceptance because the consequences of any such careless act no matter fine in situ is inflicting an even bigger loss of human life or permanent or temporary incapacity with same succeeding consequences for the victims family furthermore as for suspect. there's undoubtedly want for strict traffic laws and its compliances however an equivalent may be not simply ensured by increasing the amount of traffic challans alone however by rigorous road safety sensitization programmes right from preschool and considering the magnitude of such downside the programmes ought to be done at structure levels by NGOs, Government bodies and institutes of road safety.

There’s a desire to grasp that we've not jumped on road to enter a race wherever we tend to do zig-zag driving, reordering from wrong facet, honking the instant the sunshine flips inexperienced or is near to turn red or perhaps jump red lights.

 

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