Fare-Based Revenue Model Of Private Buses Incentives Overspeeding, Racing: Kerala High Court Calls For Structural Reforms
The Kerala High Court recently observed that unscientific timing and the current economic model of private bus operations are leading to racing and overspeeding, which in turn, are causing road safety issues.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar issued a slew of directions to improve road safety in the State and called for a structural reform of...
The Kerala High Court recently observed that unscientific timing and the current economic model of private bus operations are leading to racing and overspeeding, which in turn, are causing road safety issues.
The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar issued a slew of directions to improve road safety in the State and called for a structural reform of private bus operations.
It further observed that a suo motu case “In Re: Road Safety in Kerala” in this regard needs to be registered for continuous monitoring.
“The root of the prevailing pattern of reckless and dangerous driving by private bus operators lies in the structure of the private bus industry itself. Under the existing system, private bus operators derive their revenue directly from fare collection, with each operator retaining the fare collected on the bus. This creates a direct economic incentive for each bus to carry as many passengers as possible in as many trips as possible, which in turn, creates an institutional compulsion to overspeed, to race competing buses to the next bus stop and to minimise time at stops, all at grave risk to the safety of passengers, pedestrians and other road users,” the Court remarked.
The Court has listed 'unscientific timing of private bus operations leading to racing and overspeeding' as one among the 17 recurring causes for fatal accidents. Recognising that the reason for reckless and dangerous driving among private bus drivers is the structure of the industry itself, the Court opined that there must be a structural reform to ensure that speed ceases to be an economic incentive.
“The experience of several jurisdictions that have successfully reformed their urban and inter-city bus operations demonstrates that an effective intervention may involve structural reform which severs the link between the operator's revenue and the number of passengers carried, so that speed ceases to be an economic incentive,” the Court added.
The Bench was considering a public interest filed by a lawyer, who had outlined the issues of road safety and non-contribution by the government to the Kerala Road Safety Fund. He sought several directions to improve the maintenance of roads and to reduce accidents.
Directions
To resolve this serious problem, the Court had made directions to officials including Transport Commissioner, the Joint/Regional Transport Officers, NATPAC, the Kerala Police (Traffic Wing), KSRTC and the Secretary, Transport Department to come with alternative schedules, operational models and structural reforms.
Revised schedule
The Court has directed the Transport Commissioner to convene a meeting of the representatives of the private bus owners' association, the Kochi Metro, Regional Transport officers and any other technical body with 60 days to come up with a feasible and safe schedule for private buses. The timetable is to be fixed within 120 days to prevent racing, overspeeding, and other unsafe practices.
The Transport Commissioner is directed to convene a meeting, with 60 days, to come up with a technologically feasible and safe regulatory schedule for private buses.
“GPS-based time-and-motion studies shall be conducted on all major private bus routes in the State, commencing with Ernakulam and Kozhikode, to determine the scientifically viable running time for each route segment, having regard to the actual road width, traffic density, the number of steps, speed limits and road geometry,” the Court directed.
The Court has directed that, within 120 days after this study, the Regional Transport Authorities concerned must devise revised running times and timetables so that there is not institutional incentive to overspeed.
It added:
“No running time shall be fixed which requires a bus to travel at a speed exceeding the posted speed limit for the relevant road in order to complete the trip with the prescribed schedule. A minimum headway, namely, the time gap between successive departures on the same route, shall be prescribed to reduce competition-driven racing between private buses.”
Automatic challan, ANPR cameras and GPS-based speed monitoring
It is directed that ANPR cameras and GPS-based speed monitoring has to be deployed on high-risk private bus routes for point-to-point analysis so that when a bus overspeeds, an automated challan is generated.
The Court has also directed that all stage carriage buses, including private buses, must be equipped with GPS-based vehicle tracking devices within 6 months and the GPS data must be accessible to the Transport Department for the purpose of monitoring compliance with running times and speed limits.
Penalties for repeat offenders
The Regional Transport Officers are directed to take action against drivers, who are habitually over speeding or dangerously driving.
“A graded enforcement framework shall be implemented consisting of a warning to the permit holder for first offence, a show-cause notice for second offence and suspension of the permit for the relevant trip or route for a specified period for third offence, subject to the principles of natural justice,” the Court added.
Alternative operational model
The Court also called for the constitution of an Expert Committee to study and recommend the adoption of a reformed operational model to earn revenue for private bus services without overcrowding with passengers, drawing upon international models in Singapore, UK, South Korea and Colombia.
The Committee is also to study the system in Bengaluru's BMTC and submit its report. The State government, in turn, is to put together a time-bound action plan to implement the same.
The Expert Committee is to submit a report to the Court as well as the State government setting out details on assessment of the existing revenue model and its causal relationship with unsafe driving practices, a comparative analysis of international models and their adaptability to Kerala, a recommended model or combination of models for phased implementation, with specific attention to ensuring revenue neutrality for operators during the transition so that the reform does not result in economic hardship for the private industry, etc.
The State government, on receiving the Expert Committee's report, is directed to submit a time-bound action plan for its implementation.
Other directions
In addition to the directions regarding private bus operations, the other orders include formulation of a revised and scientifically viable running schedule for private buses after consultation with stakeholders; effective enforcement mechanisms and maintenance of road standards; timely identification and rectification of black spots; replacement of hazardous electrical poles and overhanging cables; prior written permission before cutting roads for utility services; stationing of ambulances at regular intervals; driver profiling, etc. It has also called for the introduction of a State-wide, GIS-enabled Integrated Road Safety Monitoring Platform to integrate existing systems of PWD, the Motor Vehicles department, the Kerala Police and other State agencies.
The case is posted after 75 days for reporting on compliance.
Case No: WP(C) No. 15090 of 2020
Case Title: Clemance Thottappilly v. State of Kerala
Counsel for the petitioner: M. Bindudas, R.T. Pradeep, Niranjan T. Pradeep
Counsel for the respondents: P.L. Venukumar, Salil Narayanan, Riji Rajendtan
Amicus Curiae: Prem Kamath D