Source: The Hindu 

Introduction  

The "India Status Report on Road Safety 2024" reveals a concerning picture of road safety in India. Despite progress in other areas, the country is struggling to reduce road accident fatalities. The report, prepared by the Transportation Research and Injury Prevention Programme (TRIP Centre) at IIT Delhi, highlights significant disparities in road safety across different states. It emphasizes the need for a more tailored approach to address road safety issues, considering the complex relationship between road construction, mobility, and accident prevention. 

How do Road Safety Performance and Traffic Fatality Rates Differ Across Indian States? 

• Road safety performance varies significantly across Indian states, with per capita death rates differing more than threefold between the highest and lowest performing states. 
• Tamil Nadu, Telangana, and Chhattisgarh recorded the highest death rates at 21.9, 19.2, and 17.6 per 100,000 people respectively, while West Bengal and Bihar had the lowest rates at 5.9 per 100,000 in 2021. 
• Six states - Uttar Pradesh, Maharashtra, Madhya Pradesh, Karnataka, Rajasthan, and Tamil Nadu - account for nearly half of all traffic fatalities in India. 
• In only seven states do more than 50% of motorized two-wheeler riders wear helmets, despite this being a simple safety measure that could significantly reduce fatalities and serious injuries. 
• Only eight states have audited more than half of their National Highway lengths, and very few states have done the same for their State Highways. 
• Most states are lacking in basic traffic safety measures, including traffic calming, markings, and signage. Additionally, helmet usage in rural areas is particularly low, and trauma care facilities are inadequate across many states. 

How does the Motor Vehicles Act, 1988 Govern Road Safety and Transport Regulations in India? 

• Road safety falls under the jurisdiction of State governments in India. 
• The Motor Vehicles Act, 1988 is administered by the Transport Department, which is a significant revenue-generating entity within the government. 
• The Motor Vehicles Act, 1988 is an Act of passed by the Parliament of India which came into force from 1st July 1989 and is applicable to whole of India however lapses in traffic laws regulations, violations and accidents are glaring reality 
• The Motor Vehicles Act, 1988 stipulates comprehensive legislative provisions concerning:  
  • Licensing of drivers and conductors  
  • Registration of motor vehicles  
  • Regulation of motor vehicles through permit systems 
  • Special provisions pertaining to state transport undertakings  
  • Traffic regulation  
  • Insurance requirements  
  • Liability determination 
  • Offenses and corresponding penalties 
• The Government of India has promulgated the Central Motor Vehicles Rules, 1989, to facilitate the implementation of the Act's provisions. 
• Supplementary to the aforementioned Act and Rules, the Rules of Road Regulations, 1989, have been established to govern road usage. 
• The Transport Department operates with two designated authorities, as prescribed under Section 68 of the Motor Vehicles Act, 1988, to execute its mandated functions. 

What are the Provisions Related to Licensing of Drivers of Motor Vehicles? 

• Section 3: Necessity for driving licence: 
  • No person shall drive a motor vehicle in any public place unless they hold an effective driving licence issued to them authorizing them to drive the vehicle. 
  • For transport vehicles, the driving licence must specifically entitle the holder to drive such a vehicle. 
• Section 4: Age limit for driving: 
  • No person under 18 years of age shall drive a motor vehicle in any public place. 
  • A motorcycle with an engine capacity not exceeding 50cc may be driven by a person who has attained 16 years of age. 
  • No person under 20 years of age shall drive a transport vehicle in any public place. 
• Section 6: Restrictions on holding driving licences: 
  • No person shall hold more than one driving licence. 
  • No holder of a driving licence shall permit it to be used by any other person. 
• Section 8: Grant of learner's licence: 
  • Any person who is not disqualified under section 4 may apply to the licensing authority for a learner's licence. 
  • The application must be accompanied by a medical certificate and the applicant must pass a test as prescribed by the Central Government. 
• Section 9: Grant of driving licence: 
  • Any person who is not disqualified for holding or obtaining a driving licence may apply to the licensing authority for a driving licence. 
  • The applicant must pass a test of competence to drive as prescribed by the Central Government. 
• Section 10: Form and contents of licences to drive: 
  • Every learner's licence and driving licence shall be in the form and contain the information prescribed by the Central Government. 
• Section 13: Extent of effectiveness of licences: 
  • A learner's licence or a driving licence issued under this Act shall be effective throughout India. 
• Section 14: Currency of licences: 
  • A learner's licence shall be effective for six months. 
  • A driving licence to drive a transport vehicle shall be effective for three years. 
  • Other driving licences shall be in effect for 20 years or until the holder attains the age of 50 years, whichever is earlier. 
• Section 15: Renewal of driving licences: 
  • Any licensing authority may renew a driving licence on application made to it. 
  • For renewal of transport vehicle licences or for applicants over 40 years of age, a medical certificate is required. 
• Section 19: Power of licensing authority to disqualify: 
  • The licensing authority may disqualify a person from holding or obtaining a driving licence for specified reasons, including habitual criminal behavior, use of a vehicle in commission of a cognizable offence, or obtaining a licence by fraud. 

What are the Provisions Related to Registration of Motor Vehicles?  

• It is mandatory for all motor vehicles to be registered before they can be driven in public places, with the registration to be done in the jurisdiction where the owner resides or where the vehicle is normally kept. 
• The registration process involves submitting an application, producing the vehicle for inspection, and receiving a certificate of registration containing details prescribed by the Central Government. 
• Owners must report any changes in ownership, address, or state of residence (if kept in another state for over 12 months) to the registering authority within specified timeframes. 
• Special provisions exist for temporary registration (up to one month) and for vehicles under hire-purchase, lease, or hypothecation agreements. 
• Authorities have the power to suspend or cancel vehicle registrations if the vehicle is deemed dangerous for public use or if it has been destroyed or rendered permanently unusable. 
• These registration requirements contribute to road safety by ensuring vehicles are properly documented, trackable, and maintained to meet safety standards. 

What are the Penalties for Road Safety Violations in India? 

• Section 177 provides a general penalty of up to 500 rupees for violations not specified elsewhere, while Section 179 imposes the same fine for disobeying lawful directions given under the Act. 
• Sections 180 and 181 address unauthorized driving, with penalties of up to 3 months imprisonment and/or fines up to 1000 rupees for allowing unlicensed individuals to drive or for driving without a valid license. 
• Section 183 tackles speeding, imposing fines up to 400 rupees for first-time offenders and up to 1000 rupees for repeat offenders. 
• Section 184 penalizes dangerous driving with up to 6 months imprisonment or fines up to 1000 rupees, while Section 185 addresses drunk driving with up to 6 months imprisonment and/or fines up to 2000 rupees. 
• Section 192 levies fine up to 5000 rupees for using unregistered vehicles, and Section 194 imposes a minimum fine of 2000 rupees plus 1000 rupees per tonne of excess load for overloaded vehicles. 
• These penalties, ranging from Sections 177 to 194, aim to enforce various aspects of road safety by discouraging violations and promoting responsible driving behavior. 

What are the Provisions Relating to Pedestrians in Indian law? 

• The Indian Penal Code (1860):  
  • Section 279 protects the public, including pedestrians, against rash driving. 
  • Sections 304, 336, 337, and 338 protect against negligence by motorists that could harm pedestrians. 
• The Motor Vehicles Act (1988):  
  • Sections 7-38 indirectly protect vulnerable road users by penalizing motorists for exceeding speed limits and regulating licenses. 
  • Section 138 (clauses h & i) empowers state governments to prevent motor vehicles from using pavements for driving or parking. 
• The Rules of the Road Regulation (1989):  
  • Rule 8: Drivers must slow down when approaching a pedestrian crossing. 
  • Rule 15: Prohibits parking near traffic lights, on pedestrian crossings, or footpaths. 
  • Rule 11: Motor vehicles are not allowed on footpaths or cycle lanes without permission from on-duty police officers. 
• Municipal Corporation Acts:  
  • Protect public roads and streets by declaring all obstructions illegal without prior permission. 
  • Entitled to determine footpath width based on public road width. 

Conclusion  

To improve road safety in India, the report suggests several key actions. It recommends establishing a national database for fatal crashes and making this information publicly accessible. This would help in understanding specific risks and evaluating the effectiveness of various interventions. The report also emphasizes the need for both central and state governments to prioritize and scale up road safety measures. Overall, a more focused and data-driven approach is essential to reduce road fatalities and meet international safety goals.