Driver Profiling, Online Monitoring Platform, Private Buses Regulation: Kerala High Court Issues Slew Of Directions To Improve Road Safety

The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar remarked that comprehensive, coordinated and time-bound directions are to be made and identified authorities to carry out each task/monitor compliance.

“The object of a comprehensive road safety policy must be to identify the conditions which make an accident likely, remove those conditions contributing to road traffic fatalities, regulate the speed and conduct of road users and to ensure accountability at every level and make the road environment inherently safer. A reduction in fatalities and serious injuries would not merely improve traffic statistics but would also protect the productive years of young people, reduce the enormous economic burden arising from death and disability and, most importantly, make the ordinary act of travelling on the roads of Kerala a safer and less stressful part of everyday life,” the Court remarked.

One of the major directions is 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 other directions 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.

Background

The Court 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.

The State government took the stand that accidents have been declining over the years and that all possible measures to ensure safety have been taken. The Amicus curiae filed a detailed report highlighting all the aspects.

Court's observations

The Court referred to the recent order in In Re: Phalodi Accident v. National Highways Authority of India, wherein the Apex Court had given comprehensive directions to the State and National authorities after noting serious dereliction of statutory duties to ensure safe passage. It then opined that in addition to these guidelines, directions can be given to the State agencies to ensure their coordination, specifically regarding State Highways, PWD roads, local body roads, private bus operations, and the Kerala Road Safety Fund.

The Court noted that Kerala has a high density of vehicles but the road network capacity is severely lacking to keep up with the demands. It also took note of the fact that road accident fatalities are higher among the younger and economically active population.

Reference was made to a report of the Comptroller and Auditor General of India, which detailed on the systemic deficiencies in licences, vehicle registration, vehicle fitness testing, enforcement and infrastructure management, and which concluded that these factors are affecting the functioning of Motor Vehicle department and contributing to road safety concerns. It was also suggested that betterment of anciliary infrastructure would improve road safety.

Adverting to WHO's reports in the context of international road safety experience, the Court noted that road accident fatality in India is particularly high compared to certain countries and that the same can be brought down by improving road design, speed management, vehicle safety, enforcement and timely emergency care.

Considering all these, the Court opined:

“Road infrastructure must, therefore, be planned and maintained not merely with the object of facilitating the movement of vehicles, but with the larger objective of creating a safe, orderly and less stressful public environment. Investment in road infrastructure and effective traffic management is consequently an investment in public safety, civic harmony and the overall quality of life of the people.”

The Bench noted particularly that victims of accidents are often innocent bystanders, who have no control over the manner in which drivers' road behaviour:

“Pedestrians, school and college students, women, elderly persons, cyclists and two-wheeler riders remain exposed to the consequences of reckless and excessive speed. The recurring reports of young students and women being struck and crushed under the wheels of vehicles are a painful reminder that an unsafe road is not merely an inconvenience to the motorist; it can become a place where an ordinary journey to school, college, work or home ends in death or permanent disability.”

It added that the State's role ought not be limited to recording accident statistics, prosecuting offenders or awarding compensation after the accidents occur but to remove the conditions leading to these incidents.

The Court made a detailed reference to the statutory and institutional framework, including the penal provisions of the Motor Vehicles Act and the Bharatiya Nyaya Sanhita, the road maintenance standards laid down by the Indian Road Congress, the Public Works Department Manual regarding responsibilities on officials as well as the guidelines of the MoRTH, NHAI, etc.

It came to a conclusion that though there is no dearth in statutory provision, there is no coordination among the various authorities and there is no fastening of liabilities in case of inaction:

“There is no accountability, and no one is held responsible. For instance, if potholes, black spots or accident-prone or accident-causing stretches are pointed out, no action is taken.”

Recurring causes of fatal accidents

The Court identified that following as the major causes of fatal accidents:

• Overspeeding
• Dangerous driving and indiscipline in lane changing and overtaking
• Overloading of heavy and goods vehicles
• Illegal parking, roadside vehicle, encroachment of NH land
• Defects and delays in highway construction, including ongoing six-laning projects
• Damage to newly constructed carriageways due to KWA, KSEB works
• Inadequate profiling of public transport, heavy vehicles drivers
• Deficient dividers and medians
• Inadequate/improper lane markings
• Hazards due to KSEB overhead lines and electrical installations
• No time-bound correction of identified black spots
• Inadequate post-crash trauma response
• Non-compliance with road construction standards
• Unscientific timing of private bus operations leading to racing and overspeeding
• Unscientific speed humps and hazardous bus stop locations
• Absence of unified, technology-enabled monitoring mechanism.

Authorities identified

The Court arrayed, as respondents, the officials including the Secretaries of the departments of State Transport, PWD, Home, Health and Family Welfare, Finance, General Education, Local-Self Government and the Transport Commissioner of Motor Vehicles department, the Road Safety Commissioner of Kerala Road Safety Authority, the Director General of Police and the State Police Chief, along with officials concerned from the PWD, NH Wing, Union Ministry of Road Transport and Highways, NHAI, KSEB, KWA, NATPAC (National Transportation Planning and Research Centre), KSRTC, KELTRON.

The Court added that any individual or organization that can provide inputs can be permitted to implead itself it the case.

Directions issued

After highlighting the main causes of fatalities, the Court went on to make directions for a coordinated and effective mechanism to prevent them.

Integrated Road Safety Monitoring Platform

One of the main recommendations in a platform integrating the systems existing under various authorities:

“what is urgently required is an Integrated Road Safety Monitoring Platform – a State-wide, GIS-enabled, interoperable and technology-driven system – which can serve not merely as an information repository, but as an end-to-end mechanism for identification of road safety risks, assignment of responsibility, initiation of remedial action, monitoring of compliance and verification of rectification. Such a platform would integrate the existing systems of the PWD (RMMS, GIS, WINGS, RIMS, FMS), the Motor Vehicles Department (VAHAN, SARATHI), the Kerala Police (e-challan, ANPR) and other agencies into a unified command and monitoring framework accessible to the authorities, the public and this Court.”

The Court made it clear that directions to develop and operationalize the platform within 6 months. It prescribed that at the very least, the platform should contain a citizens' hazard reporting module, authority defect register and response model, utility coordination portal, black spot tracker, safety audit module, automatic number plate recognition, RMMS and GID integration module, engineer accountability module, compliance dashboard, analytical and reporting module, etc.

The Finance department is directed to release the requisite fund for the same.

Maintenance of State Highways and PWD roads

The Court identified the PWD Secretary, Chief Engineer and the Superintending Engineers as the authorities responsible with respect to maintenance of State Highways and PWD roads. It was directed that the standards prescribed for road designs, thickness shall be maintained along with records of the same. It was specified that certification cannot be granted unless these are met.

Local Body roads

The LSGD Secretaries, District Collectors and concerned local bodies were identified as having the responsibility to maintain the local body roads. The duties include, road maintenance, removal of roadside obstructions, pothole correction, drainage, lighting, etc. The District Collector has the duty to co-ordinate inter-departmental action where needed.

“Each local body shall, within 60 days, prepare an inventory of roads under its control, identifying the condition of each road and the safety-related defects requiring rectification,” the Court added.

Speed control, electronic enforcement and dangerous driving

Directions under this head were made to Transport Commissioner, Kerala Police (Traffic Wing), PWD, NHAI and the Kerala Road Safety Authority.

The Court directed that speed limits and hazard warnings are to be prominently displayed and Variable Message Signboards installed on major State Highway corridors. It called for effective operationalization of electronic monitoring and enforcement of road safety as per the provisions of the MV Act along with modalities to initiate proceedings against repeat offenders.

“The Safe Kerala AI-enabled camera enforcement project shall be extended to cover all identified black spots and accident-prone stretches on State Highways,” the Court added.

Lane Discipline, road markings, signs and dividers

The Court called for identification and rectification of faded and defective lane markings as well as unsafe and unauthorized median openings. It directed that crash and median barriers be provided wherever required, especially on undivided road and stretches where there is more risk of head on or cross traffic collisions.

Overloading of heavy and goods vehicles

In order to overcome this issue, the Court directed:

“There is a need to monitor and ensure that the Weigh-in-Motion systems have been installed and operationalized at appropriate entry corridors and other strategic locations. The MVD and the Police shall undertake recorded and continuing enforcement of the provisions relating to overloading, including maintenance of monthly enforcement data and identification of repeat offenders.”

Private bus timings, structural reform of public transport operations and public road safety

The Transport Commissioner is directed 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 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.

Construction, six-lane and work zone safety

It was directed that no construction or six-laning work can be permitted without sufficient barricades, warning signs, lighting, diversion arrangements and other safety measures. All active construction stretch must have a specifically identified road-user safety officer, whose details are to be displayed on signage at the construction zone's starting point, it was directed.

Utility, pipeline and road cutting coordination

It is directed that utility agencies like KWA, KSEB, BSNL, gas and others must not cut, trench or interfere with a National Highway, State Highway or PWD road without prior written permission from the competent road authority. Moreover, restoration charges, manner and timeline within which it would be carried must be specified and once restored, there should be a joint inspection before the work order is closed.

KSEB Installations and electrical hazards

The KSEB is directed to identify electricity poles obstructing ways and consider replacing them as well as to rectify the issue of overhanging, dangerous electrical lines.

“A time-bound response mechanism shall be established for complaints concerning sagging, snapped or damaged line in the vicinity of roads,” the Court added.

Black spot identification and time-bound rectification

The Court has called for a designated nodal officer and interim safety measures in case of every identified black spot. A publicly accessible dashboard identifying location of black sport, authority responsible, remedial measures and present status is suggested.

Driver discipline, vehicle conspicuity and emergency response

The MV department is directed to establish a centralized driver profiling mechanism recording driving history and relevant offence history. Another major direction is for stationing of Basic Life Support ambulances in every 30 km intervals on all State Highway corridors, toll plazas, etc.

Public and heavy vehicle driver profiling

“Directions are required to be issued to the Transport Department to create and maintain a State-wide Public and Heavy Vehicle Driver Registry containing, subject to the requirements of law relating to privacy and data protection, the identity and driving licence particulars of every person employed or engaged to drive a private bus, school bus, stage carriage, contract carriage, heavy goods vehicle or other prescribed heavy or public service vehicle. This can, at the next stage, be extended to other classes of vehicles as well…The profiling system shall not, however, operate merely as a record-keeping mechanism. It shall function as a continuing safety and accountability system,” the Court observed.

The Court added that in respect of vehicles carrying children, the standards are to be strictly applied with periodic verifications. The Transport Department is to prescribe within 90 days the parameters for driver profiling, etc.

District road safety monitoring committees

The District Collectors of each district are to constitute a District Road Safety Monitoring Committee within 15 days. It is to convene at least once a month to review the pending complaints, compliance with directions. The minutes of the meeting to be uploaded on the Integrated Road Safety Platform.

Road Safety Fund and CSR contributions

It is made clear that the Fund would be utilized for road safety programmes, projects, research, trauma care and for the IRS platform. The Finance department is to place a time-bound plan for release and utilization of the amount of Rs. 999.2623 crores proposed by the Road Safety Commissioner. The utilization of CSR contributions for infrastructure, technology, etc. to be explored.

Directions have also been made to constitute an interdisciplinary Road Safety Research Committee to study on behavioural aspects of road safety.

The case is directed to be listed after 75 days for reporting on compliance of the directions.

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

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