(2017] 13 S.C.R. 508 A DR. S. RAJASEEKARAN (II) V. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 295 of2012) B NOVEMBER30, 2017 [MAl)AN B. LOKUR AND DEEPAK GUPTA, JJ.] Constitution of India: Art. 32 - Public interest litigation -Prayer seeking enforcement of road safety norms and appropriate c treatment of accident victims - Constillltion of Committee on road safety - Submission of report/recommendations by the Committee -Howeve1; non-implementation of the recommendations by the Government ~ Issuance of directions on road safety and the victims of road accidents by Supreme Court - Directions as regard road safety policy, road safety fimd, road safety action plan. road safety D audits, road safety cell, road safety equipment and road safety education issued - Faithful and sincere compliance of the said directions would save thousands of lives in road accident and crores of rupees paid in compensation by the insurance companies. Issuing directions, the Court E HELD: 1.1 In view of the submissions of the Amicus Curiae and the response of the Ministry of Road Transport and Highways (MoRTH) to the suggestions and keeping in mind issues of road safety and the interest of those who may be unfortunate victims of road accidents, the following directions arc issued:

F (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 and Andaman and Nicobar Islands, to G formulate the Road Safety Policy by 31" January, 2018. All States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriou~sness. (ii) State Road Safety Council: All States have already constituted a Road Safety Council in terms of Section 215H 508 DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 509 of the Motor Vehicles Act, 1988. The Union Territories of A Daman and Dlu, Dadra and Nagar Haveli and Andaman and Nicobar Islands have not constituted the Road Safety Council as yet. These Union Territories are directed to constitute the State Road Safety Council on or before 31" January, 2018. The responsibility and functions of the B Council would 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.

(iii) Lead Agency: Only a few States have established the Lead Agency as recommended by the Committee on Road C Safety in its communication of 23'' 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. The Lead Agency would act as the D 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 E · in the communication dated 23.12.2014. (iv) 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 sl;.cu1'! do so not later than 31" March, 2018 and F report back to the Committee on Road Safety. The corpus of the Road Safety Fund woul~ be from the fines collected for traffic violations and the Fund would be utilized for meeting expenses relating to road safety.

(v) Road Safety Action Plan: The purpose of a Road Safety Action Plan is to reduce .the number of road accidents, as G 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 H 510 SUPREME COURT REPORTS [2017] 13 S.C.R. A prepare a Road Safety Action Plan by 31.03.2018 and pnt it int11 action after giving it due publicity. (vi) 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) B of the Motor Vehicles Act, 1988. As suggested by the 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 c 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 D take corrective measures.

(vii) Engineering Improvement: It appears that one of the main reasons for road accidents is the poor quality of roads, impr(jper design, etc. The MoRTH is of the opinion that the protocol for road design and identification of black E 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. (viii) Traffic Calming Measures: It is suggested by the F 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 G assistance of the MoRTH and other stakeholders. (ix) Road Safety Audits: It is directed that necessary steps be taken by the Committee on Road Safety as well as by the Mi>RTH to work in the direction of Road Safety Audits since there can be little doubt that an audit of road safety H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 511 is "essential to reduce the possibility of road accidents A through corrective measures. (x) Engineering Design of New Roads: The Road Safety Audit 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. B

(XI) Working Group on Engineering: The recommendations of the Working Group on Engineering (Roads) should be implemented in the terms prayed for by the Amie us as well as those accepted by the MoRTH. These would, of course, be in the nature of interim directions since the National c Road Safety Board is likely to be created as proposed in the Motor Vehicles (Amendment) Bill, 2017. (xii) 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. D (xiii) Lane Driving: The MoRTH has already issued Motor Vehicles (Driving) Regulations, 2017 vide GS.R. 634 (E) dated 23'• June, 2017. The Notification should be implemented by the State Governments and Union Territories strictly. E (xiv) 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 F 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. G

(xv) Alcohol and Road Safety: The MoR.TH 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 H r 512 SUPREME COURT REPORTS (2017) 13 S.C.R. A and Union Territories to implement the directions of this Court . ., (xvi) Road Safety Education: The Amic11s as well as MoRTH are in agreement that road safety education and counselling should be incorporated in the curricu)um by B 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, (xvii) Sj>eed Governors: Guidelines in this regard have c 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.

D (xviii) Emergency Medical Care: There is agreem< nt 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 fur E saving tl1e life of the victim. The directions Issued in PL Pormana,nd Kotara v. Union of India should be followed. (xix) Unlvers11l 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 F publicity must be given to this so that an ambulance can he activated at the earliest whenever necessary. (xx) 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 G Governments and Union Territories should establish Permanent Road Safety Cells by 31" January, 2018. (xxi) Data Collection: The MoRTH bas already taken steps for recording accident data and reports through computerjsed data entry. The State and Union Territories H have been asked to take further action in this regard and DR. S. RAJASEEK.ARAN (II) v. UNION OF INDIA & ORS. 513 make the data public for the information of all stakeholders. A This needs to be followed up and no further orders are necessary in this regard. (xxii) GPS : The MoRTH has already notified vide GS.R.

No. 1095 (E) dated 28" November, 2016 mandating the fitment of vehicle location tracking devices in all public B 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 C service vehicles as notified. (xxiii) Bus/Truck-Body Building Code: This has already been notified by the MoRTH with regard to buses vide GS.R. No. 287 (E) dated 271• April, 2014 and with regard to trucks vide GS.R. No. 1034(E) dated 2•• November, 2016. No further orders are necessary in this regard. D (xxiv) ABS, Air Bags and Headlights: The MoRTH has already notified for fitment of ABS in motor cycles vide GS.R. No. 310(E) dated 16'" March, 2016 and for four wheelers vide GS.R. No. 120(E) dated tolh February, 2017. E As far as air bags are concerned a standard AIS-145 has already been notified. As regards automated headlights, the MoRTH has notified vide GS.R. No. 188(E) dated 22•• February, 2016 for fitment of"Automated Headlights On" in two wheelers manufactured on or after 1" April, 2017. No further orders are required in. this regard except the F ·faithful implementation of the various notifications issued by the MoRTH.

(xxv) 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 G 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. (Para 17] [535-A-H; 536-A-H; 537-A-H; 538-A-H; 539-A-H; 540-A-C] H 514 SUPREME COURT REPORTS [2017] 13 S.C.R. A 1.2 The directions given are those that have been agreed upon by the parties and are in addition to and supplement the directions already given in S.Rajaseekaran v. Union of India. The said directions at the instance of the A111ic11s C11riae and the Justice K.S. Radhakrishnan Committee on Road Safety and with the support, cooperation and assistance of the MoRTH, would save B thousands of lives in road accidents and crores of rupees in compensatioll payable by the insurance companies-provided the directions ar~ faithfully and sincerely complied with. If there is any doubt or ~larity required in implementing the directions given, the concerned State Government or Union Territory is at liberty c to move the Committee on Road Safety. [Paras 18, 19) (540-D-FJ Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286 : (1989) 3 SCR 997; S.Rajaseekaran v. Union of India (2014) 6 SCC 36: (2014) 5 SCR 444 - referred to. D Case Law Reference

[1989] 3 SCR 997 referred to Para 17 [2014] 5 SCR 444 referred to Para 18 ORIGINAL APPELLATE JURISDICTION: Writ Petition (Civil) No. 295 of2012.E 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 F 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, G 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 H Singh, Mojahid Karim Khan, Tapesh Kumar Singh, Mohd. Waquas,Aditya DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 515 Pratap Singh, Ms. Swarupama Chaturvedi, Nishant R. Katneshwarkar, A 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 B 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. C

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 D 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 E 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 F 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. G 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. H 516 SUPREME COURT REPORTS [201'1] 13 S.C.R. A 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 B 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 c 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 D 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 E 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. F

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 G 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 H facilities and support by the Government of India. DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 517 [MADAN B. LOKUR. J.] I 0. In the hearing on 26"' August, 2016 we noted that in 2014 the A 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 B 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. c 12. On J 9th 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 D 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 Ehuge 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. F 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 G 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 H 518 SUPREME COURT REPORTS [2017] 13 S.C.R. A 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 B 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 c statement is given below: s. Issue contained in Vi cws by Ministry of Orders prayed by No. note of Amicus Road Transport & the AC D Curiae Highways i. Road Safety Ministry of Road Order Proposed: Policy: E~ery State Trausport & Highways The States I UTs (Jovernmc)1t shall is in agreen1ent with the which have not i1nple1ncnt State suggestion. formulated the E Road Safety Policy Road Safety Policy formulated as a All die States/UTs may be directed to result of the except Assam, Dellli, formulate the intervention of the Nagaland. Tripura, policy on priority Comtnittee on Road Lakshadweep, Dadra basis. latest by 31 si Safety. The said Nagar Haveli aud December 2017.

Policy 1nay be I Andaman & Nicobar The staten1ent F notified in the 1 h:ivc already 1nade by the gazette and brought formulated their Road Goven1ment of Safety Policy. into existence w.e.f. India 1nay kindly l" September, l11e States I UTs which be taken on record 2017. if not already and ordered. have not formulated the done so. G Road Safety Policy. have been requested to formulate the policy on priority basis. H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 519 [MADAN B. LOKUR, J.) Aii Slare Road Safety Ministiy of Road Onler proposed: All Omncil: All State Transport & Highway.; is States I urs except Glvernment (except in agreerrent with the Damm & Diu, Dadra Nlgaland) have cmstituted suggestiott All States I Nagar Haveli and State Road Satay Council Ufs except Damm & Atxlamm & Nicobar as required under Section Diu, O.dra Nagar Haveli have already B 215 of tl1e Mater Vdticles and Andamm & Ni:chrr constituted State Road Ac~ 1988 and. dirocted by have already cmstituted Safety Councils. The the Comnittee. The said State Road Safety at hers may be directed Cootx:il trust undertake Councils. to corlititute tm sarne pericx:lC n1eetings to review as per the the actions and rocou1nerxiations of C in"Planentation of road the Comnittee on safety lav.s and submit Road Safety. The suitable reports to the Statement nnde by the oot'l'etent Jegishture and Govemm:nt of India the Committee m Road nny kindly be taken Safety. on rocord and ordered. D

iii. Lead Agency: Eadt State Ministiy of Road Onler proposed: Glvernment nny be TraIBpOrt & Highways is The States I UTs that directed to ~tablish a Lead 1n agreenllnt with the have not established Agency as raiuired by tlie suggestion Lead Agetx:y, as Committee on Road Safety Ministiy hdd review definal atxl required headed by a senior officer m:eting with the States to and with aci:quate slaff to review tre by the Committee on E be solely dedicated to inplen'l!ntation of th! Road Safety and rratters rehting to d~ections of the depute aci:quate, ticmsing issuing of driving Comnittee oo Road d<rlicated and licmces, an:l registration of Safety from 21' to profess ion al I vehicles, rood safety, and 3o''June, 2017. The techniral staff tray be fuatures of vehicles, States I Ufs wa:e directed to do so by F l"nution and otl1er allied requested to establish ITBtters. lead Agency and depute 31" Dxember 2017 as addjuate, dedicated and per the Slandards set professional I technical by tl>e Conrnittee on :.taff. Road Safety. The Fe\\' States viz. statanent trade by the Chhattis!l'fh, Drumn & Govemrrent of India G Diu, Haryana, Jharkhatxl, may kindly be taken JanlITll & Ka<ilunir, on ra:ord and crdered Nagaland, Raj8'1han, Tani! Nadu rave ab-mdy established the Lead Agoncy. •y t. 520 SUPREME COURT REPORTS [2017] 13 S.C.R. A iv ' Road Safety Fund: Ministty of Road Order Prqiosed:

. Pursuart to Trall'lpcrt & Highway.s The States /UTs reconnrendatioll'l is in agreanent with tbe that rove not of the Ccrnnittee suggestion cmstituted tbe on Rood Saftty all Some of the States viz. Road Safety Finl B the States have Bihar, Chhittisg;irh, tray be directed to oomneooed er Hirnachal Pradesh, establish the same 00111lleted actim to Jharkhand, Kerab, as soon as poSS!ble set up a Road MadhY<t Praresh, an1 not later than Safuty Fund wth Pududierry, Rajasthm, March, 2018 an1 aSfillred flow of Uttar Pradesh have report to tbe rrooey as des ired establisred dalicated Comnittee on c by fui Committee. fund as per directioll'l Road Safuty. The H:iwever, in such of Conrnittee on Road statemait trade by States \\h:re it res Safety. the Government of oot ccrne into place During the review ln:lia rmy kin:lly it mll'lt come into meeting beld by tbe be takai on record effect w.e.f. 1• Ministty, tbe rermining an1 erd:red.D Septcn::ber 201 7. States I Ufs rove been requested to create tbe Rood Safcty Fund as per the directims oftbe Ccmnittee m Road

Safety. E -.. -----+--~-----+ ---·-··--··-----t v Road Safety Ministty of Road Onler Prqiosed: Action Han: State Trarnpcrt & Highway.s The States I UTs Cbvennnents tray is in agreement with tbe tray be directed to be directed to suggestion prei:are the amual fi:onulate and During the review tar!}'t rused Action notify "Road Safety meetings held by tre Plan to raluce F Action Plan" with Ministty, the States I accidert & fatality an anrrual targii fer UTs rove been rate in µirsuanee of reducing rood requested to prerme the directicns of 0 acx:1der< ";~ ffect arnrn.l target based Conrnittee on frcrn a date rnx Action Plan to raluce Road Sarety an1 later than 1" accident & fatality rate the repcrt to the G Septerrber 201 7. in pursuance of Committee. directioll'l of Comnittee on Road Safetv. H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 521 [MADAN B. LOKUR, J.]

District Road Safety Ministry of Road Order proposed: State A Committee: All State Tran~-port & Govemnients n1ay be Govenunents tnay be Highwa1s is in directed to constitute directed to constitute agreement with the District Road Safety District Road Safety suggestion. Committee 1-,,aded by Canmittee headed by the tl1e Collector of tl1e Collector of the District District as soon as B which will fix target' for pa;sible lay down reduction in accidents and respcmsibilities of said fatality dependent upon corrnnittees. including peculiar facts of the regular and periodic District As suggested in n1eeting and report to the the \vritten Note, District Committee on Road c Road Safety Committee Saft1y. The statemm could include made by the Superintendent of Police, Govemtnent of indi a Health Officers, PWD may kindly be taken on Engineers, repr~entati\es reccrd and ordered. of NHAJ and RTO of tl1e D District vii Engineering The Ministry is in Order proposed:

Impro\'ement: The agreement \vith the Prctocol for Aniicus Curia? submits ·suggestion. l-Towever. Identification and that one of the nnin the protocol has to be Rectification of Black E reasons for accidents is reviewed and updated Spots prepared by poor quality of roads, fro1n time to tin1e MoRTI-1 at the instance ilnproper design, l:ased on the of Cormnittee on Road inadequate curve, experience ~ined. Safety lllaY be directed inadequate depth and to be in1Jlemented by all ina:iequate angle which ~-· concerned including F need to be maintained at NHAJ and •State crocial junctions. At the GO"\.en1rnents in inS:an<.-e of the consultation with the Con1n1ittee on Road C'..onnnittee on Road Safety. the MoRTH has Safety. set up rrntocol for identification and lt may be clarified that G the said protocol would rectification of black be reviewed and updated spots. TI1e said protocol by MoRTH armual ly for rectifying black SjX)ts for better road s:ifety is based on the experience giined. annexOO herewith as H 522 SUPREME COURT REPORTS [2017] 13 S.C.R. A I Annexure 'B' pages (28 The statement made by to 29). This Hon'ble the Government of India I Court may be pleased to may kindly be taken on direct that the :san-.e be reead and crdered. I I enforced into i1runediatc B effect by the NHAl, the Ministry of Road I Transron & High""y.; of I Government of India as well "' the PWD I Dqiantrents of all State I' Govennnerts as \vell c their contractors. It is ii

important that the saire is also enforced in all 1 express\vays being constructed on PPP 1ncxC. D Traffic Calming Ministry of Road Order proposed: This I 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 E Me.asures at accident I prone m;cas. jrn1ctirns of I prorelower area<>,hierarchyjunctionsroadsof lower hierarchy roads and~ other wlnemblc spcts with higher hierarchy I ~t~e scl\ools, hospitals. Iroad; and other vulrerable spcts like schools, lxi;pitals etc., F 1 I ) aOO subrnit district wise C001Jliancc repocts to the Conmittce on Road I I Safety, as per the , I directions of the I1 ; Committee on periodic Theby ;tatm': I I ~ ' I Govem1nent of India lllaY kindly be takt.'tl on [ L-. __ _ _ i' rec_oc_d_and_cr_dered_. __ _j_ ____ ~ H l DR. S. RA.TASEEKARAN (II) v. UNION OF INDIA & ORS. 523 [MADAN B. LOKUR, J.] A

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 B 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 c 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 D 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 E 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 F 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, G '.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. H 524 SUPREME COURT REPORTS [2017] 13 S.C.R. A x Engineering Design of The; road projects costing Rs. Order proposed: It NC\v Roads: It rnay be 10.00 crore er more may be is prayed that this directed by this Hon'ble of different types like re- Hon 'ble Court may C'..ourt that no ne\v surfacing of the rood. be pleased to dire.1 row.Vproject costing reconstru:tion of bridges f the r00<l safety audit nvre than R~. 10 ('roru; culverts, COfl\truction of including the design should he undertaken retaining walls fOr protection stage audit should be B unless the desibrt1 is of roack etc_ Such projects canied "OUt for all Judited and the audit do not require the rood road capacity recurnn1endation are safety audit. Therefore, aug:rrentalion ;n1plemenlied to lhe sp:cifying only cost c1itcria projects of 5 km or satisfactiuI!l of the for carrying out roa::I safety 1nore. aforen"l!ntioned National audits is not appropriate. c RoadBoard. Safety Audit safetyIt is proposedaudit includingthat the rwdthe 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 D . 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 E (nra.rkcd as Anncxure reconirnendations are in the niade consistent "(."' pag<S (30 to 38)) nature of general wmments. with the safety re 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 F I I Ion 'hie Supren1e Court as regular intervals. i directions are brought out as 2. Conduct Road belo\v: safety audits at .. Higl1\vdys and urlnn different stages of road design stan.iards <111d construction and guidelines will be 111ade operation.

consistent with the satety 3. All road G reguiren1ents and in u.u1e improvement \vith the international be;t project'\ including practices on a continuous resurfacing works i OO.Sis at reb'l.llar intervdls. should have provision of sib'llS & 1narkings as 'per 'The requirenient">. H I-~-· 1_ . DR. S. RAJASEEKARAN (I!) v. UNION OF INDIA & ORS. 525 [MADAN B. LOKUR, J.] A 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 B 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 c be taken, wherever accident recording necessary. to enhance & reporting formats safety of vulnerable road should be evolved 1 u5ers. considering all Existing stretches aspects of feasibility of National J-ligln.\'ays & and nnnpower State Highways not resources and be D . 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 E 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 Standard Road : techniques etc., and acci&nt recording & the details to be F 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 G 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 H 526 SUPREME COURT REPORTS (2017] 13 S.C.R. A i etc., 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 B 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 I I - Centre of excellence developed m c 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 retwectl various stake holders the NRSB D (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 E 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 F , 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 G 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. H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 527 [MADAN B. LOKUR, J.] A

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 be dim:ted to take every fi'" years and ''°ltld at an irtcnal of fi\'C B 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 c "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 '"'ll as dri\ing) a; ""11 as D 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~ E

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 F 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 G institution Convuterized dri\ing tests sllOuld be rescrted for checking d'iving skills. H 528 SUPREME COURT REPORTS [2017] 13 S.C.R. A xiii Lane Driving: 1l1is Court 1nay issue Ministry of Rood Order proposed: a direction that all the State Transport & The State Gove1nment would issue a Highways has Governrnents/ tnandatol)' circular that Jane driving already notified UTs n1ay be \.Vil I he strictly insisted upon in all Mater Vehicles directed to strictly parts of thi$ counny. Further, (Dliving) implement Motor overtaking shaO be ooly according to Regulations 2017 Vehicles (Diiving) B the protocols which are devised for vide G.S.R 634 (El Regulaticns 2017 the said purpose and contravention dated 23"' Jtme notified vide 1nay even resnlt in fotfeiture of his or 2017 which G.S.R 634 (E) her license. rmndates the lane dated 23rJ Jmc driving and also 20 I 7 which provides for the 1nandates the lane f!'Olocol for driving ard also ove1taking. provides fer I.he c protocol for overtaki112.

~iv Rood Safety Equipment: All the Bureau of Police Order Proposed: State Govem1nenL"i will take steps to Research & All the State ncquire and use catncras rn1d other Develq11ncnt Goverrnnents/UTs surveillance cquip1nent according to (BPR&D) had may be directed to D tl1e nonn~ suggested by the Ministry ~ernred a repo1t in take steps to of Home Affairs to check and detect consultation with acquire and use traffic violators. Further, this Statcs/UTs on the cameras and uth1.."T Hon'ble Court 1nay direct that nonns for the surveillance special patrol forces along the number of Traffic equipment National Highways. Expressways Police and also for according to the and the S~1te Highways be the Equipinent for nonns suggested E established. Tiie States 1roy also be identifying by the Ministry of directed to take the following action'i violations of traffic Ho1ne Affairs in a to the satisfaction of the UJ1runittce la\VS with reference phased tnanncr to on Road Safety: to vehicle check and detect

(A) Fonnulate and enforce a 1x:.pulation of that traffic violators; policy for the removal of all City/State and and may further be hoardings and objects which obstnict submitted the same directed to set up d1iving or distract drivers. to the Committee special patrol F (B) Fonnu1ate and enforce a rn Road Safety in forces along the policy for dztection and rcn1oval of the rnonth of National encroaclm1ent on all ped~t1ian path September, 2015. HighWdyS. which v.till cutl'ie any hindrance to Further, Committee Expressways and pedcslrians and vehicles. on Rood Safety has die State (C) Issue a direction that all fo1wardcd the Highways. This driving licenses will be suspended report to all may be done in G for a period of at least one year under States!UTs on 3ffh consuJtation wit11 Section 19 of the Motor Vehicles Act November. 2015 and to the and Rule 21 of the CM\' for over (copy attached in satisfaction of the speeding, red-light ju1nping. use of Annexure-Il) Corrunittee on cellular phone while dJ.iving. over Road Safety. loading, and using goods caniage for L-~~~·~~-~-~~~-~~~~~~~~~~~~~--~~~~~~~~---fenving passen~rs. • H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 529 [MADAN B. LOKUR. J.]

xv Alcohol and Road Safety: As Minist1y has Order proposed: A per the order dated I sh Mitten to the States No further orders December 2016, by a judicial vide letter dated6"' are required at this order passed in (State of April, 2017, for stage. The Tamil Nadu v. K. Balu, compliance of the statement made by (2017) 2 sec 281) rl1is orders of the the Government of Hon'ble cmnt prohibited the 1-lon'ble Supreme lrxlia may kindly B grant of licences for the sale of Court. Ministry of be taken on record liquor along national arxl state Home Affai1> had arxl ordered highways and o"'r a distance issL>::d an adviso1y of 500 metres from the outer on road safety and edge of the highway accidents to all rl1e throughout the territoty of State&IUTs on 17'" India. This Hon'ble Court may December, 2015, c ti.nther direct the State advising for snict Govem1nents to ensure that the enfOrcenient of said prohibition inposed by provisions of !PC this Hon'ble Cou1t be and MY Act to effectively implemented. prosecute and Further, three fmmd d1i\1ng punish persons under the influence of alcohol causing injury or . D should be prosecuted under the death in offences Motor Vehicles Act, I 988 as related to road well as under the Indian Penal safety (detail Code, 1860 within a tinle attach!d in period fixed by this Hon'ble Annexuro-111). Court.

xvi Rood Safety Education: The Ministry of Order E Pursuant to recommendations Road Transport & proposed:Tlris of the Committee m Road Highways is in Hon'ble Court Safety, Road Safety Education agreement with tl1e 1my fwther direct has already been included by suggestion. the State CBSE in school curriculums. C'..ovemment&IUTs This Hon'ble Comt 1my to ensure that F further direct the State Road Safety Govemn1ents to ensrne that Education and Road Safety Education and C.ounselling is Counselling is also also ircotporated incotporated into t1~ into the curriculum of the State Boards. curriculum laid oown by the State G Boards by I"' April, 2018.The statement made by the Government of India 1my kindly re taken on record arxl ordered H 530 SUPREME COURT REPORTS (2017] 13 S.C.R.

A 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 I 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 B 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 c is..'\uerlvehicle.byTI~(',Q111nitteeiffitru:::tiornon 1 Coimlitteeinstructions i&soo:lon Roo:l~ Rrnd Safety in this rcgaid I Safety in this regard llllY I 1ruy kindly bc11 di11.xted to strictlvkindly befolJcm<Il.dilt!Cted__to be · l(Vu; · ::.;~~ °''-~redicaihrespeciof 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 D 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 I Tmunn Olre Centre \vith duing the 11 • Fhe Year facilities, an:l all mJdem 1redical flan (FYP) and 81 TCFs rurbulances equipped E 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 I trained I'Xilli-nlXiical ~taff l"C£i:ll'd to trdined par.t- be mid: available. 'hould alw be nme nulical staff for fu1her, District availal:le arrbulanccs, the ~strates <f ""-"IY I F 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& 1

'I Technician Cotmsc CU1icu11J111. and the G training is bci Ill mOCrrnkcn in the three Qntral Gi\ennrcnt Hosptals of O:lhi. ' llllOCly Safdnjurg Hosfital, LHMC ruld l::t. I H [_ ---·--· _j~ H<hpital-si_oc_e~------·-DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 531 [MADAN B. LOKUR, J.] xix Unhersal Accident The National Health Order Pr<posed: Tho A Hflpline Number: This Mission ah-eacy ir<Mdcs Slate Cb=rcnts/Ufs Hon'ble C'nurt 1my be for a all! centre nun:ber 1my be directed to pl eased to olilir lhat tha"c (108), \\llich is being .trerg!hen tbe occid:nt shall be cne Uni""'31 cxternively used in the helpline m.url:ier by Acx:ident Helpline States for nxrlical pro,;ding adeqJate Nw1:tier "'1ich should be eirerg,'tlcies indudirg fucilities. Tho Slate estal:i ished by the acci"""1s. The ani:>ulanx C"'vennrents that ha"' B Dqlart1rent of services are a1so not ITTJde ani:>ulanoe Teleconnunication cperatioml in 1m<t of the services ~nitiom.I n11y throll!hrut the country. states tlmmgh this call be directed to m so by Further, a universal code oettre ruii:><r (108). 31" March 2018, ard to fer arrb.ilanxs should be linth:::r dcvdop a to utilize code'n1'th<xl notified by the M<RlH of servicx:s all c arnbularrcs in the area

xx Penmnett Road Safety The Mini;try of Rood Order~: Tho Cdl: This Hon'ble Crut Transport & High\v.iys is oells have been set 14' 1my direct lhat Natioml in agreamnt with the and no lintber md:rs are Higmays Aulhaity of &Ugge5.tiffi. required at ire;ent Tho India 1rust lnve a Mini>ily of Rood statement made by tl1c D penmnent Rm! Safcty Trdll5]10rt & Highways as Govennrent of India C'.cll cmsisting of suitable v.<:ll Natiornl Highways 1my kindly be taken on engineers and q.ialified Authority of hla have reconl and ordtmi. 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 E establish Rood Safety Engineering Cell in their Natiooal High\wys Directcrate; by Minc'itJy of Rood Tr!lll5]10rt & High"""·

xxl Data Coll«tion: llis MiniS!l)I of Rood Order proposed: Ni F 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 G 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. H 532 SUPREME COURT REPORTS [2017] 13 S.C.R. A

xx ii GPS: Jt is sub1nitted that Ministry of Road Order proposed: This it has been fourx:I that Transport & Highways Hon'ble Court may use of GPS and GIS has already no ti tied vide direct that an public niapping: cncotD"agcs G.S.R. No. 1095 (E) servic~ vehicles shall be safety OOth for drivers dated 2s• November titted with location and passengers. 2016 niarxlating the tracking device as l11crcforc, it is prayed titincnt of \t:hiclc matt ioncd by Go! and B that a direction be issued location tracking de\ice the said notification be to all car nmufactures and en1ergency button in strictly llnplenJented. that with effect front J'1 all public service vehicles The statement 1nadc by January 2018 tl1ey would exceit two \vh:elers., e- the Government of India ensure that all vehicles ricksha\v, three \vheelcrs may kindly be taken on are in.tailed with GPS and any transpm: vehicles reccrd and ordered. and GTS. for \vhich no permit _is c 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 D tenns of oost of the GPS ""llinment.

xxiii Bus/Truck-Body Bus Body Code: Order proposed: No Building Code: l11is Ministry of Road further orders are Hoo'ble Court nny TranSJXlrt & High\\ays required at this stage. direct tliat MoRTH nny has already notified the The statement made by take suitable steps to bus body code vide the Government of India E notify Bus/Truck-BOOy G.S.R No. 287 (E) dated may kindly be tikcn on Bui !ding Code so that 22"d Apri I 2014. reccrd and ordered. hencetOrth buses arxl Truck Body Code: trucks OOilt on different !vfinistry of Road cha'isis arc not found Transrort & High\\'llys wanting in security airl has already notified the safety features. truck body code vide G.S.R. No. 1034 (E) F dated 2"' November 2016 for vehicles regi&ered on or after 1'1 Octolxr 2018. XXi\' ABS, Air Bags and ABS: Ministry of Road Orden proposed: No Headlights: It is prayed Transport & Highways further orders are that a direction be issued has notified for the required that in every nlOOcl of fitrnent of ABS in rrnccr G car sold in India there cycles vide G.S.R No. shall be Anti-Lock 3 to (E) dated 16'' March Braking Systen1 a1xl air 2016 and for fotr bags. Further a directicn wheelers vide G.S.R. No. be issued that all n.vo- 120 (E) dated 1o•• \Vhccler n1<1.nufacturer February 2017 for ne1.\' \Vill take recourse to models on or after 1" H DR. S. RAJASEEKARAN (11) v. UNION OF INDIA & ORS. 533 [MADAN B. LOKUR, J.]

"Automatic Headlights April 2018 and for A On' sysrems. It is prayed existing nlOdcls on or after that a direction be issued 1" April 2019. that the State Air Bags: Ministry of Govcmincnt inust not Road TranS'J'Olt & allow vehicles with Highw.iys finalized a in1ix:rnlissible headlights stan<lard AIS-145, which B to ply. is being notified. l11is stardard would 1mndate fiu11ent of Air Bags on all the LMV passenger vehicles. Automated Headlights On: .. Ministry of Road c 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 D I" April 2017. xxv Crash Test: lt is The crash tests for all rlle Order proposed: respectfully submitted Light Motor Vehicles No further orders that in vie\V of the (LMVs) have been are necessary at doubtful crash test of all notified by the Ministry this stage. the LMVs. crash test in for itnple1ncntation. ·n1c The state1ncnt Proper condirirns rnu11t tests are to be conducred made by the E be undertcl<.cn in respect only by tllc testing 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 F vehicle testing agencies testing facilities accredited in India should be by National Accreditatirn internationally Board for Testing and accredited I reCOblilized Calibration to ensure that crash tcslli Lalx>ratocics (NABL). are genuinely and The Ministry has issUt.>d sincerely undertaken S.O. 1139 (E) dated G 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: - H 534 SUPREME COURT REPORTS (2017] 13 S.C.R. A Standards Date of collvtl"1cement /validitv I Recpirenrnt New fcr bel>1viour Midels- of steering 1.10.2017 B nrchanism of All a vehicle in a Midels- Head-On Ol.10.2019 Collision per AIS"' c 0%2008Protecti en of New Models-occupants in l.I0.2017 the event of an All Models- offset Frorial 01.10.2019 Collision as per AIS D 098/2008 -- Approval of New Mirels-vehicles with 1.10.2018 regiird to tl1e All Models- Protecticn of 01.10.2019 O::cuparts in E the event of a Lateral Collision per AIS"' 099!.2008 Approval of New Mxi!ls- Vehicles with 1.10.2018 F regwd to the All Models- Protecticn of 01.10.2020 Pedefilian and other Vulirrable i Rood Usa-s inG I theCollisionevent withof a I Vehiclea a•Motorper I AIS 100'2010 H DR. S. RAJASEEKARAN (ID v. UNION OF INDIA & ORS. 535

(MADAN B. LOKUR, J.] 17. We have heard learned Amicus Curiae as well as learned A 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: B 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 c 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 D 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 E 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 F 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 G 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. H 536 SUPREME COURT REPORTS [2017] 13 S.C.R. A 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 B 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 c 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 D 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 E 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 F 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 G 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 H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 537 [MADAN B. LOKUR, J.] and take necessary steps for improving the design of roads to A 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 B 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 c 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 D 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 E 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 F 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 G 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. H 538 SUPREME COURT REPORTS (2017] 13 S.C.R. A 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 c 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. D 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. E 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 F 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 G 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 H recommendation at the earliest since it is on record that treatment DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 539 [MADAN B. LOKUR. J.) soon after a road accident is crucial for saving the life of the A victim. In this context, it may also be mentioned that this Court has issued certain directions in Pt Parmana11d Katara v. U11io11 of India' 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 B 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 c 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 D 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. E 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 F 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 G 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 H 540 SUPREME COURT REPORTS (2017] 13 S.C.R.

A 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 B 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 c 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 D 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 E 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 F 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 r; 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 H DR. S. RAJASEEKARAN (II) v. UNiON OF INDIA & ORS. 541 [MADAN B. LOKUR, J.]

received considerable support from the Delhi Integrated Multi-Model A 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. B 21. List for further proceedings on 7'" February, 2018. Nidhi Jain Directions issued.

(2017] 13 S.C.R. 508 A DR. S. RAJASEEKARAN (II) V. UNION OF INDIA & ORS. (Writ Petition (Civil) No. 295 of2012) B NOVEMBER30, 2017 [MAl)AN B. LOKUR AND DEEPAK GUPTA, JJ.] Constitution of India: Art. 32 - Public interest litigation -Prayer seeking enforcement of road safety norms and appropriate c treatment of accident victims - Constillltion of Committee on road safety - Submission of report/recommendations by the Committee -Howeve1; non-implementation of the recommendations by the Government ~ Issuance of directions on road safety and the victims of road accidents by Supreme Court - Directions as regard road safety policy, road safety fimd, road safety action plan. road safety D audits, road safety cell, road safety equipment and road safety education issued - Faithful and sincere compliance of the said directions would save thousands of lives in road accident and crores of rupees paid in compensation by the insurance companies. Issuing directions, the Court E HELD: 1.1 In view of the submissions of the Amicus Curiae and the response of the Ministry of Road Transport and Highways (MoRTH) to the suggestions and keeping in mind issues of road safety and the interest of those who may be unfortunate victims of road accidents, the following directions arc issued:

F (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 and Andaman and Nicobar Islands, to G formulate the Road Safety Policy by 31" January, 2018. All States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriou~sness. (ii) State Road Safety Council: All States have already constituted a Road Safety Council in terms of Section 215H 508 DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 509 of the Motor Vehicles Act, 1988. The Union Territories of A Daman and Dlu, Dadra and Nagar Haveli and Andaman and Nicobar Islands have not constituted the Road Safety Council as yet. These Union Territories are directed to constitute the State Road Safety Council on or before 31" January, 2018. The responsibility and functions of the B Council would 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.

(iii) Lead Agency: Only a few States have established the Lead Agency as recommended by the Committee on Road C Safety in its communication of 23'' 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. The Lead Agency would act as the D 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 E · in the communication dated 23.12.2014. (iv) 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 sl;.cu1'! do so not later than 31" March, 2018 and F report back to the Committee on Road Safety. The corpus of the Road Safety Fund woul~ be from the fines collected for traffic violations and the Fund would be utilized for meeting expenses relating to road safety.

(v) Road Safety Action Plan: The purpose of a Road Safety Action Plan is to reduce .the number of road accidents, as G 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 H 510 SUPREME COURT REPORTS [2017] 13 S.C.R. A prepare a Road Safety Action Plan by 31.03.2018 and pnt it int11 action after giving it due publicity. (vi) 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) B of the Motor Vehicles Act, 1988. As suggested by the 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 c 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 D take corrective measures.

(vii) Engineering Improvement: It appears that one of the main reasons for road accidents is the poor quality of roads, impr(jper design, etc. The MoRTH is of the opinion that the protocol for road design and identification of black E 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. (viii) Traffic Calming Measures: It is suggested by the F 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 G assistance of the MoRTH and other stakeholders. (ix) Road Safety Audits: It is directed that necessary steps be taken by the Committee on Road Safety as well as by the Mi>RTH to work in the direction of Road Safety Audits since there can be little doubt that an audit of road safety H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 511 is "essential to reduce the possibility of road accidents A through corrective measures. (x) Engineering Design of New Roads: The Road Safety Audit 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. B

(XI) Working Group on Engineering: The recommendations of the Working Group on Engineering (Roads) should be implemented in the terms prayed for by the Amie us as well as those accepted by the MoRTH. These would, of course, be in the nature of interim directions since the National c Road Safety Board is likely to be created as proposed in the Motor Vehicles (Amendment) Bill, 2017. (xii) 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. D (xiii) Lane Driving: The MoRTH has already issued Motor Vehicles (Driving) Regulations, 2017 vide GS.R. 634 (E) dated 23'• June, 2017. The Notification should be implemented by the State Governments and Union Territories strictly. E (xiv) 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 F 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. G

(xv) Alcohol and Road Safety: The MoR.TH 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 H r 512 SUPREME COURT REPORTS (2017) 13 S.C.R. A and Union Territories to implement the directions of this Court . ., (xvi) Road Safety Education: The Amic11s as well as MoRTH are in agreement that road safety education and counselling should be incorporated in the curricu)um by B 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, (xvii) Sj>eed Governors: Guidelines in this regard have c 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.

D (xviii) Emergency Medical Care: There is agreem< nt 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 fur E saving tl1e life of the victim. The directions Issued in PL Pormana,nd Kotara v. Union of India should be followed. (xix) Unlvers11l 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 F publicity must be given to this so that an ambulance can he activated at the earliest whenever necessary. (xx) 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 G Governments and Union Territories should establish Permanent Road Safety Cells by 31" January, 2018. (xxi) Data Collection: The MoRTH bas already taken steps for recording accident data and reports through computerjsed data entry. The State and Union Territories H have been asked to take further action in this regard and DR. S. RAJASEEK.ARAN (II) v. UNION OF INDIA & ORS. 513 make the data public for the information of all stakeholders. A This needs to be followed up and no further orders are necessary in this regard. (xxii) GPS : The MoRTH has already notified vide GS.R.

No. 1095 (E) dated 28" November, 2016 mandating the fitment of vehicle location tracking devices in all public B 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 C service vehicles as notified. (xxiii) Bus/Truck-Body Building Code: This has already been notified by the MoRTH with regard to buses vide GS.R. No. 287 (E) dated 271• April, 2014 and with regard to trucks vide GS.R. No. 1034(E) dated 2•• November, 2016. No further orders are necessary in this regard. D (xxiv) ABS, Air Bags and Headlights: The MoRTH has already notified for fitment of ABS in motor cycles vide GS.R. No. 310(E) dated 16'" March, 2016 and for four wheelers vide GS.R. No. 120(E) dated tolh February, 2017. E As far as air bags are concerned a standard AIS-145 has already been notified. As regards automated headlights, the MoRTH has notified vide GS.R. No. 188(E) dated 22•• February, 2016 for fitment of"Automated Headlights On" in two wheelers manufactured on or after 1" April, 2017. No further orders are required in. this regard except the F ·faithful implementation of the various notifications issued by the MoRTH.

(xxv) 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 G 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. (Para 17] [535-A-H; 536-A-H; 537-A-H; 538-A-H; 539-A-H; 540-A-C] H 514 SUPREME COURT REPORTS [2017] 13 S.C.R. A 1.2 The directions given are those that have been agreed upon by the parties and are in addition to and supplement the directions already given in S.Rajaseekaran v. Union of India. The said directions at the instance of the A111ic11s C11riae and the Justice K.S. Radhakrishnan Committee on Road Safety and with the support, cooperation and assistance of the MoRTH, would save B thousands of lives in road accidents and crores of rupees in compensatioll payable by the insurance companies-provided the directions ar~ faithfully and sincerely complied with. If there is any doubt or ~larity required in implementing the directions given, the concerned State Government or Union Territory is at liberty c to move the Committee on Road Safety. [Paras 18, 19) (540-D-FJ Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286 : (1989) 3 SCR 997; S.Rajaseekaran v. Union of India (2014) 6 SCC 36: (2014) 5 SCR 444 - referred to. D Case Law Reference

[1989] 3 SCR 997 referred to Para 17 [2014] 5 SCR 444 referred to Para 18 ORIGINAL APPELLATE JURISDICTION: Writ Petition (Civil) No. 295 of2012.E 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 F 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, G 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 H Singh, Mojahid Karim Khan, Tapesh Kumar Singh, Mohd. Waquas,Aditya DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 515 Pratap Singh, Ms. Swarupama Chaturvedi, Nishant R. Katneshwarkar, A 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 B 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. C

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 D 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 E 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 F 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. G 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. H 516 SUPREME COURT REPORTS [201'1] 13 S.C.R. A 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 B 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 c 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 D 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 E 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. F

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 G 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 H facilities and support by the Government of India. DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 517 [MADAN B. LOKUR. J.] I 0. In the hearing on 26"' August, 2016 we noted that in 2014 the A 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 B 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. c 12. On J 9th 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 D 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 Ehuge 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. F 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 G 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 H 518 SUPREME COURT REPORTS [2017] 13 S.C.R. A 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 B 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 c statement is given below: s. Issue contained in Vi cws by Ministry of Orders prayed by No. note of Amicus Road Transport & the AC D Curiae Highways i. Road Safety Ministry of Road Order Proposed: Policy: E~ery State Trausport & Highways The States I UTs (Jovernmc)1t shall is in agreen1ent with the which have not i1nple1ncnt State suggestion. formulated the E Road Safety Policy Road Safety Policy formulated as a All die States/UTs may be directed to result of the except Assam, Dellli, formulate the intervention of the Nagaland. Tripura, policy on priority Comtnittee on Road Lakshadweep, Dadra basis. latest by 31 si Safety. The said Nagar Haveli aud December 2017.

Policy 1nay be I Andaman & Nicobar The staten1ent F notified in the 1 h:ivc already 1nade by the gazette and brought formulated their Road Goven1ment of Safety Policy. into existence w.e.f. India 1nay kindly l" September, l11e States I UTs which be taken on record 2017. if not already and ordered. have not formulated the done so. G Road Safety Policy. have been requested to formulate the policy on priority basis. H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 519 [MADAN B. LOKUR, J.) Aii Slare Road Safety Ministiy of Road Onler proposed: All Omncil: All State Transport & Highway.; is States I urs except Glvernment (except in agreerrent with the Damm & Diu, Dadra Nlgaland) have cmstituted suggestiott All States I Nagar Haveli and State Road Satay Council Ufs except Damm & Atxlamm & Nicobar as required under Section Diu, O.dra Nagar Haveli have already B 215 of tl1e Mater Vdticles and Andamm & Ni:chrr constituted State Road Ac~ 1988 and. dirocted by have already cmstituted Safety Councils. The the Comnittee. The said State Road Safety at hers may be directed Cootx:il trust undertake Councils. to corlititute tm sarne pericx:lC n1eetings to review as per the the actions and rocou1nerxiations of C in"Planentation of road the Comnittee on safety lav.s and submit Road Safety. The suitable reports to the Statement nnde by the oot'l'etent Jegishture and Govemm:nt of India the Committee m Road nny kindly be taken Safety. on rocord and ordered. D

iii. Lead Agency: Eadt State Ministiy of Road Onler proposed: Glvernment nny be TraIBpOrt & Highways is The States I UTs that directed to ~tablish a Lead 1n agreenllnt with the have not established Agency as raiuired by tlie suggestion Lead Agetx:y, as Committee on Road Safety Ministiy hdd review definal atxl required headed by a senior officer m:eting with the States to and with aci:quate slaff to review tre by the Committee on E be solely dedicated to inplen'l!ntation of th! Road Safety and rratters rehting to d~ections of the depute aci:quate, ticmsing issuing of driving Comnittee oo Road d<rlicated and licmces, an:l registration of Safety from 21' to profess ion al I vehicles, rood safety, and 3o''June, 2017. The techniral staff tray be fuatures of vehicles, States I Ufs wa:e directed to do so by F l"nution and otl1er allied requested to establish ITBtters. lead Agency and depute 31" Dxember 2017 as addjuate, dedicated and per the Slandards set professional I technical by tl>e Conrnittee on :.taff. Road Safety. The Fe\\' States viz. statanent trade by the Chhattis!l'fh, Drumn & Govemrrent of India G Diu, Haryana, Jharkhatxl, may kindly be taken JanlITll & Ka<ilunir, on ra:ord and crdered Nagaland, Raj8'1han, Tani! Nadu rave ab-mdy established the Lead Agoncy. •y t. 520 SUPREME COURT REPORTS [2017] 13 S.C.R. A iv ' Road Safety Fund: Ministty of Road Order Prqiosed:

. Pursuart to Trall'lpcrt & Highway.s The States /UTs reconnrendatioll'l is in agreanent with tbe that rove not of the Ccrnnittee suggestion cmstituted tbe on Rood Saftty all Some of the States viz. Road Safety Finl B the States have Bihar, Chhittisg;irh, tray be directed to oomneooed er Hirnachal Pradesh, establish the same 00111lleted actim to Jharkhand, Kerab, as soon as poSS!ble set up a Road MadhY<t Praresh, an1 not later than Safuty Fund wth Pududierry, Rajasthm, March, 2018 an1 aSfillred flow of Uttar Pradesh have report to tbe rrooey as des ired establisred dalicated Comnittee on c by fui Committee. fund as per directioll'l Road Safuty. The H:iwever, in such of Conrnittee on Road statemait trade by States \\h:re it res Safety. the Government of oot ccrne into place During the review ln:lia rmy kin:lly it mll'lt come into meeting beld by tbe be takai on record effect w.e.f. 1• Ministty, tbe rermining an1 erd:red.D Septcn::ber 201 7. States I Ufs rove been requested to create tbe Rood Safcty Fund as per the directims oftbe Ccmnittee m Road

Safety. E -.. -----+--~-----+ ---·-··--··-----t v Road Safety Ministty of Road Onler Prqiosed: Action Han: State Trarnpcrt & Highway.s The States I UTs Cbvennnents tray is in agreement with tbe tray be directed to be directed to suggestion prei:are the amual fi:onulate and During the review tar!}'t rused Action notify "Road Safety meetings held by tre Plan to raluce F Action Plan" with Ministty, the States I accidert & fatality an anrrual targii fer UTs rove been rate in µirsuanee of reducing rood requested to prerme the directicns of 0 acx:1der< ";~ ffect arnrn.l target based Conrnittee on frcrn a date rnx Action Plan to raluce Road Sarety an1 later than 1" accident & fatality rate the repcrt to the G Septerrber 201 7. in pursuance of Committee. directioll'l of Comnittee on Road Safetv. H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 521 [MADAN B. LOKUR, J.]

District Road Safety Ministry of Road Order proposed: State A Committee: All State Tran~-port & Govemnients n1ay be Govenunents tnay be Highwa1s is in directed to constitute directed to constitute agreement with the District Road Safety District Road Safety suggestion. Committee 1-,,aded by Canmittee headed by the tl1e Collector of tl1e Collector of the District District as soon as B which will fix target' for pa;sible lay down reduction in accidents and respcmsibilities of said fatality dependent upon corrnnittees. including peculiar facts of the regular and periodic District As suggested in n1eeting and report to the the \vritten Note, District Committee on Road c Road Safety Committee Saft1y. The statemm could include made by the Superintendent of Police, Govemtnent of indi a Health Officers, PWD may kindly be taken on Engineers, repr~entati\es reccrd and ordered. of NHAJ and RTO of tl1e D District vii Engineering The Ministry is in Order proposed:

Impro\'ement: The agreement \vith the Prctocol for Aniicus Curia? submits ·suggestion. l-Towever. Identification and that one of the nnin the protocol has to be Rectification of Black E reasons for accidents is reviewed and updated Spots prepared by poor quality of roads, fro1n time to tin1e MoRTI-1 at the instance ilnproper design, l:ased on the of Cormnittee on Road inadequate curve, experience ~ined. Safety lllaY be directed inadequate depth and to be in1Jlemented by all ina:iequate angle which ~-· concerned including F need to be maintained at NHAJ and •State crocial junctions. At the GO"\.en1rnents in inS:an<.-e of the consultation with the Con1n1ittee on Road C'..onnnittee on Road Safety. the MoRTH has Safety. set up rrntocol for identification and lt may be clarified that G the said protocol would rectification of black be reviewed and updated spots. TI1e said protocol by MoRTH armual ly for rectifying black SjX)ts for better road s:ifety is based on the experience giined. annexOO herewith as H 522 SUPREME COURT REPORTS [2017] 13 S.C.R. A I Annexure 'B' pages (28 The statement made by to 29). This Hon'ble the Government of India I Court may be pleased to may kindly be taken on direct that the :san-.e be reead and crdered. I I enforced into i1runediatc B effect by the NHAl, the Ministry of Road I Transron & High""y.; of I Government of India as well "' the PWD I Dqiantrents of all State I' Govennnerts as \vell c their contractors. It is ii

important that the saire is also enforced in all 1 express\vays being constructed on PPP 1ncxC. D Traffic Calming Ministry of Road Order proposed: This I 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 E Me.asures at accident I prone m;cas. jrn1ctirns of I prorelower area<>,hierarchyjunctionsroadsof lower hierarchy roads and~ other wlnemblc spcts with higher hierarchy I ~t~e scl\ools, hospitals. Iroad; and other vulrerable spcts like schools, lxi;pitals etc., F 1 I ) aOO subrnit district wise C001Jliancc repocts to the Conmittce on Road I I Safety, as per the , I directions of the I1 ; Committee on periodic Theby ;tatm': I I ~ ' I Govem1nent of India lllaY kindly be takt.'tl on [ L-. __ _ _ i' rec_oc_d_and_cr_dered_. __ _j_ ____ ~ H l DR. S. RA.TASEEKARAN (II) v. UNION OF INDIA & ORS. 523 [MADAN B. LOKUR, J.] A

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 B 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 c 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 D 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 E 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 F 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, G '.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. H 524 SUPREME COURT REPORTS [2017] 13 S.C.R. A x Engineering Design of The; road projects costing Rs. Order proposed: It NC\v Roads: It rnay be 10.00 crore er more may be is prayed that this directed by this Hon'ble of different types like re- Hon 'ble Court may C'..ourt that no ne\v surfacing of the rood. be pleased to dire.1 row.Vproject costing reconstru:tion of bridges f the r00<l safety audit nvre than R~. 10 ('roru; culverts, COfl\truction of including the design should he undertaken retaining walls fOr protection stage audit should be B unless the desibrt1 is of roack etc_ Such projects canied "OUt for all Judited and the audit do not require the rood road capacity recurnn1endation are safety audit. Therefore, aug:rrentalion ;n1plemenlied to lhe sp:cifying only cost c1itcria projects of 5 km or satisfactiuI!l of the for carrying out roa::I safety 1nore. aforen"l!ntioned National audits is not appropriate. c RoadBoard. Safety Audit safetyIt is proposedaudit includingthat the rwdthe 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 D . 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 E (nra.rkcd as Anncxure reconirnendations are in the niade consistent "(."' pag<S (30 to 38)) nature of general wmments. with the safety re 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 F I I Ion 'hie Supren1e Court as regular intervals. i directions are brought out as 2. Conduct Road belo\v: safety audits at .. Higl1\vdys and urlnn different stages of road design stan.iards <111d construction and guidelines will be 111ade operation.

consistent with the satety 3. All road G reguiren1ents and in u.u1e improvement \vith the international be;t project'\ including practices on a continuous resurfacing works i OO.Sis at reb'l.llar intervdls. should have provision of sib'llS & 1narkings as 'per 'The requirenient">. H I-~-· 1_ . DR. S. RAJASEEKARAN (I!) v. UNION OF INDIA & ORS. 525 [MADAN B. LOKUR, J.] A 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 B 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 c be taken, wherever accident recording necessary. to enhance & reporting formats safety of vulnerable road should be evolved 1 u5ers. considering all Existing stretches aspects of feasibility of National J-ligln.\'ays & and nnnpower State Highways not resources and be D . 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 E 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 Standard Road : techniques etc., and acci&nt recording & the details to be F 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 G 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 H 526 SUPREME COURT REPORTS (2017] 13 S.C.R. A i etc., 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 B 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 I I - Centre of excellence developed m c 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 retwectl various stake holders the NRSB D (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 E 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 F , 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 G 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. H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 527 [MADAN B. LOKUR, J.] A

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 be dim:ted to take every fi'" years and ''°ltld at an irtcnal of fi\'C B 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 c "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 '"'ll as dri\ing) a; ""11 as D 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~ E

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 F 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 G institution Convuterized dri\ing tests sllOuld be rescrted for checking d'iving skills. H 528 SUPREME COURT REPORTS [2017] 13 S.C.R. A xiii Lane Driving: 1l1is Court 1nay issue Ministry of Rood Order proposed: a direction that all the State Transport & The State Gove1nment would issue a Highways has Governrnents/ tnandatol)' circular that Jane driving already notified UTs n1ay be \.Vil I he strictly insisted upon in all Mater Vehicles directed to strictly parts of thi$ counny. Further, (Dliving) implement Motor overtaking shaO be ooly according to Regulations 2017 Vehicles (Diiving) B the protocols which are devised for vide G.S.R 634 (El Regulaticns 2017 the said purpose and contravention dated 23"' Jtme notified vide 1nay even resnlt in fotfeiture of his or 2017 which G.S.R 634 (E) her license. rmndates the lane dated 23rJ Jmc driving and also 20 I 7 which provides for the 1nandates the lane f!'Olocol for driving ard also ove1taking. provides fer I.he c protocol for overtaki112.

~iv Rood Safety Equipment: All the Bureau of Police Order Proposed: State Govem1nenL"i will take steps to Research & All the State ncquire and use catncras rn1d other Develq11ncnt Goverrnnents/UTs surveillance cquip1nent according to (BPR&D) had may be directed to D tl1e nonn~ suggested by the Ministry ~ernred a repo1t in take steps to of Home Affairs to check and detect consultation with acquire and use traffic violators. Further, this Statcs/UTs on the cameras and uth1.."T Hon'ble Court 1nay direct that nonns for the surveillance special patrol forces along the number of Traffic equipment National Highways. Expressways Police and also for according to the and the S~1te Highways be the Equipinent for nonns suggested E established. Tiie States 1roy also be identifying by the Ministry of directed to take the following action'i violations of traffic Ho1ne Affairs in a to the satisfaction of the UJ1runittce la\VS with reference phased tnanncr to on Road Safety: to vehicle check and detect

(A) Fonnulate and enforce a 1x:.pulation of that traffic violators; policy for the removal of all City/State and and may further be hoardings and objects which obstnict submitted the same directed to set up d1iving or distract drivers. to the Committee special patrol F (B) Fonnu1ate and enforce a rn Road Safety in forces along the policy for dztection and rcn1oval of the rnonth of National encroaclm1ent on all ped~t1ian path September, 2015. HighWdyS. which v.till cutl'ie any hindrance to Further, Committee Expressways and pedcslrians and vehicles. on Rood Safety has die State (C) Issue a direction that all fo1wardcd the Highways. This driving licenses will be suspended report to all may be done in G for a period of at least one year under States!UTs on 3ffh consuJtation wit11 Section 19 of the Motor Vehicles Act November. 2015 and to the and Rule 21 of the CM\' for over (copy attached in satisfaction of the speeding, red-light ju1nping. use of Annexure-Il) Corrunittee on cellular phone while dJ.iving. over Road Safety. loading, and using goods caniage for L-~~~·~~-~-~~~-~~~~~~~~~~~~~--~~~~~~~~---fenving passen~rs. • H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 529 [MADAN B. LOKUR. J.]

xv Alcohol and Road Safety: As Minist1y has Order proposed: A per the order dated I sh Mitten to the States No further orders December 2016, by a judicial vide letter dated6"' are required at this order passed in (State of April, 2017, for stage. The Tamil Nadu v. K. Balu, compliance of the statement made by (2017) 2 sec 281) rl1is orders of the the Government of Hon'ble cmnt prohibited the 1-lon'ble Supreme lrxlia may kindly B grant of licences for the sale of Court. Ministry of be taken on record liquor along national arxl state Home Affai1> had arxl ordered highways and o"'r a distance issL>::d an adviso1y of 500 metres from the outer on road safety and edge of the highway accidents to all rl1e throughout the territoty of State&IUTs on 17'" India. This Hon'ble Court may December, 2015, c ti.nther direct the State advising for snict Govem1nents to ensure that the enfOrcenient of said prohibition inposed by provisions of !PC this Hon'ble Cou1t be and MY Act to effectively implemented. prosecute and Further, three fmmd d1i\1ng punish persons under the influence of alcohol causing injury or . D should be prosecuted under the death in offences Motor Vehicles Act, I 988 as related to road well as under the Indian Penal safety (detail Code, 1860 within a tinle attach!d in period fixed by this Hon'ble Annexuro-111). Court.

xvi Rood Safety Education: The Ministry of Order E Pursuant to recommendations Road Transport & proposed:Tlris of the Committee m Road Highways is in Hon'ble Court Safety, Road Safety Education agreement with tl1e 1my fwther direct has already been included by suggestion. the State CBSE in school curriculums. C'..ovemment&IUTs This Hon'ble Comt 1my to ensure that F further direct the State Road Safety Govemn1ents to ensrne that Education and Road Safety Education and C.ounselling is Counselling is also also ircotporated incotporated into t1~ into the curriculum of the State Boards. curriculum laid oown by the State G Boards by I"' April, 2018.The statement made by the Government of India 1my kindly re taken on record arxl ordered H 530 SUPREME COURT REPORTS (2017] 13 S.C.R.

A 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 I 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 B 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 c is..'\uerlvehicle.byTI~(',Q111nitteeiffitru:::tiornon 1 Coimlitteeinstructions i&soo:lon Roo:l~ Rrnd Safety in this rcgaid I Safety in this regard llllY I 1ruy kindly bc11 di11.xted to strictlvkindly befolJcm<Il.dilt!Cted__to be · l(Vu; · ::.;~~ °''-~redicaihrespeciof 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 D 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 I Tmunn Olre Centre \vith duing the 11 • Fhe Year facilities, an:l all mJdem 1redical flan (FYP) and 81 TCFs rurbulances equipped E 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 I trained I'Xilli-nlXiical ~taff l"C£i:ll'd to trdined par.t- be mid: available. 'hould alw be nme nulical staff for fu1her, District availal:le arrbulanccs, the ~strates <f ""-"IY I F 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& 1

'I Technician Cotmsc CU1icu11J111. and the G training is bci Ill mOCrrnkcn in the three Qntral Gi\ennrcnt Hosptals of O:lhi. ' llllOCly Safdnjurg Hosfital, LHMC ruld l::t. I H [_ ---·--· _j~ H<hpital-si_oc_e~------·-DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 531 [MADAN B. LOKUR, J.] xix Unhersal Accident The National Health Order Pr<posed: Tho A Hflpline Number: This Mission ah-eacy ir<Mdcs Slate Cb=rcnts/Ufs Hon'ble C'nurt 1my be for a all! centre nun:ber 1my be directed to pl eased to olilir lhat tha"c (108), \\llich is being .trerg!hen tbe occid:nt shall be cne Uni""'31 cxternively used in the helpline m.url:ier by Acx:ident Helpline States for nxrlical pro,;ding adeqJate Nw1:tier "'1ich should be eirerg,'tlcies indudirg fucilities. Tho Slate estal:i ished by the acci"""1s. The ani:>ulanx C"'vennrents that ha"' B Dqlart1rent of services are a1so not ITTJde ani:>ulanoe Teleconnunication cperatioml in 1m<t of the services ~nitiom.I n11y throll!hrut the country. states tlmmgh this call be directed to m so by Further, a universal code oettre ruii:><r (108). 31" March 2018, ard to fer arrb.ilanxs should be linth:::r dcvdop a to utilize code'n1'th<xl notified by the M<RlH of servicx:s all c arnbularrcs in the area

xx Penmnett Road Safety The Mini;try of Rood Order~: Tho Cdl: This Hon'ble Crut Transport & High\v.iys is oells have been set 14' 1my direct lhat Natioml in agreamnt with the and no lintber md:rs are Higmays Aulhaity of &Ugge5.tiffi. required at ire;ent Tho India 1rust lnve a Mini>ily of Rood statement made by tl1c D penmnent Rm! Safcty Trdll5]10rt & Highways as Govennrent of India C'.cll cmsisting of suitable v.<:ll Natiornl Highways 1my kindly be taken on engineers and q.ialified Authority of hla have reconl and ordtmi. 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 E establish Rood Safety Engineering Cell in their Natiooal High\wys Directcrate; by Minc'itJy of Rood Tr!lll5]10rt & High"""·

xxl Data Coll«tion: llis MiniS!l)I of Rood Order proposed: Ni F 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 G 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. H 532 SUPREME COURT REPORTS [2017] 13 S.C.R. A

xx ii GPS: Jt is sub1nitted that Ministry of Road Order proposed: This it has been fourx:I that Transport & Highways Hon'ble Court may use of GPS and GIS has already no ti tied vide direct that an public niapping: cncotD"agcs G.S.R. No. 1095 (E) servic~ vehicles shall be safety OOth for drivers dated 2s• November titted with location and passengers. 2016 niarxlating the tracking device as l11crcforc, it is prayed titincnt of \t:hiclc matt ioncd by Go! and B that a direction be issued location tracking de\ice the said notification be to all car nmufactures and en1ergency button in strictly llnplenJented. that with effect front J'1 all public service vehicles The statement 1nadc by January 2018 tl1ey would exceit two \vh:elers., e- the Government of India ensure that all vehicles ricksha\v, three \vheelcrs may kindly be taken on are in.tailed with GPS and any transpm: vehicles reccrd and ordered. and GTS. for \vhich no permit _is c 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 D tenns of oost of the GPS ""llinment.

xxiii Bus/Truck-Body Bus Body Code: Order proposed: No Building Code: l11is Ministry of Road further orders are Hoo'ble Court nny TranSJXlrt & High\\ays required at this stage. direct tliat MoRTH nny has already notified the The statement made by take suitable steps to bus body code vide the Government of India E notify Bus/Truck-BOOy G.S.R No. 287 (E) dated may kindly be tikcn on Bui !ding Code so that 22"d Apri I 2014. reccrd and ordered. hencetOrth buses arxl Truck Body Code: trucks OOilt on different !vfinistry of Road cha'isis arc not found Transrort & High\\'llys wanting in security airl has already notified the safety features. truck body code vide G.S.R. No. 1034 (E) F dated 2"' November 2016 for vehicles regi&ered on or after 1'1 Octolxr 2018. XXi\' ABS, Air Bags and ABS: Ministry of Road Orden proposed: No Headlights: It is prayed Transport & Highways further orders are that a direction be issued has notified for the required that in every nlOOcl of fitrnent of ABS in rrnccr G car sold in India there cycles vide G.S.R No. shall be Anti-Lock 3 to (E) dated 16'' March Braking Systen1 a1xl air 2016 and for fotr bags. Further a directicn wheelers vide G.S.R. No. be issued that all n.vo- 120 (E) dated 1o•• \Vhccler n1<1.nufacturer February 2017 for ne1.\' \Vill take recourse to models on or after 1" H DR. S. RAJASEEKARAN (11) v. UNION OF INDIA & ORS. 533 [MADAN B. LOKUR, J.]

"Automatic Headlights April 2018 and for A On' sysrems. It is prayed existing nlOdcls on or after that a direction be issued 1" April 2019. that the State Air Bags: Ministry of Govcmincnt inust not Road TranS'J'Olt & allow vehicles with Highw.iys finalized a in1ix:rnlissible headlights stan<lard AIS-145, which B to ply. is being notified. l11is stardard would 1mndate fiu11ent of Air Bags on all the LMV passenger vehicles. Automated Headlights On: .. Ministry of Road c 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 D I" April 2017. xxv Crash Test: lt is The crash tests for all rlle Order proposed: respectfully submitted Light Motor Vehicles No further orders that in vie\V of the (LMVs) have been are necessary at doubtful crash test of all notified by the Ministry this stage. the LMVs. crash test in for itnple1ncntation. ·n1c The state1ncnt Proper condirirns rnu11t tests are to be conducred made by the E be undertcl<.cn in respect only by tllc testing 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 F vehicle testing agencies testing facilities accredited in India should be by National Accreditatirn internationally Board for Testing and accredited I reCOblilized Calibration to ensure that crash tcslli Lalx>ratocics (NABL). are genuinely and The Ministry has issUt.>d sincerely undertaken S.O. 1139 (E) dated G 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: - H 534 SUPREME COURT REPORTS (2017] 13 S.C.R. A Standards Date of collvtl"1cement /validitv I Recpirenrnt New fcr bel>1viour Midels- of steering 1.10.2017 B nrchanism of All a vehicle in a Midels- Head-On Ol.10.2019 Collision per AIS"' c 0%2008Protecti en of New Models-occupants in l.I0.2017 the event of an All Models- offset Frorial 01.10.2019 Collision as per AIS D 098/2008 -- Approval of New Mirels-vehicles with 1.10.2018 regiird to tl1e All Models- Protecticn of 01.10.2019 O::cuparts in E the event of a Lateral Collision per AIS"' 099!.2008 Approval of New Mxi!ls- Vehicles with 1.10.2018 F regwd to the All Models- Protecticn of 01.10.2020 Pedefilian and other Vulirrable i Rood Usa-s inG I theCollisionevent withof a I Vehiclea a•Motorper I AIS 100'2010 H DR. S. RAJASEEKARAN (ID v. UNION OF INDIA & ORS. 535

(MADAN B. LOKUR, J.] 17. We have heard learned Amicus Curiae as well as learned A 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: B 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 c 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 D 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 E 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 F 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 G 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. H 536 SUPREME COURT REPORTS [2017] 13 S.C.R. A 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 B 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 c 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 D 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 E 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 F 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 G 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 H DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 537 [MADAN B. LOKUR, J.] and take necessary steps for improving the design of roads to A 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 B 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 c 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 D 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 E 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 F 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 G 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. H 538 SUPREME COURT REPORTS (2017] 13 S.C.R. A 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 c 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. D 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. E 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 F 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 G 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 H recommendation at the earliest since it is on record that treatment DR. S. RAJASEEKARAN (II) v. UNION OF INDIA & ORS. 539 [MADAN B. LOKUR. J.) soon after a road accident is crucial for saving the life of the A victim. In this context, it may also be mentioned that this Court has issued certain directions in Pt Parmana11d Katara v. U11io11 of India' 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 B 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 c 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 D 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. E 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 F 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 G 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 H 540 SUPREME COURT REPORTS (2017] 13 S.C.R.

A 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 B 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 c 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 D 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 E 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 F 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 r; 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 H DR. S. RAJASEEKARAN (II) v. UNiON OF INDIA & ORS. 541 [MADAN B. LOKUR, J.]

received considerable support from the Delhi Integrated Multi-Model A 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. B 21. List for further proceedings on 7'" February, 2018. Nidhi Jain Directions issued.