No Fitness Certificate Or Permit For Public Service Vehicles Without Tracking Devices & Emergency Panic Buttons: Supreme Court

In a significant push for passenger safety, the Supreme Court on Tuesday directed that no public service vehicle shall be granted a fitness certificate or permit unless vehicle location tracking devices (VLTDs) and emergency panic buttons are installed, verified, and reflected in the Vahan database.

A Bench of Justices JB Pardiwala and KV Viswanathan passed the directions while hearing the matter S Rajaseekaran v. Union of India, concerning implementation of measures to reduce road accident fatalities across the country.

The Court issued the directions after recording concern that less than 1% of transport vehicles currently have the mandated vehicle tracking devices installed, despite the legal requirement under Rule 125H of the Central Motor Vehicles Rules, 1989.

Calling the situation “disturbing,” the Bench observed that the devices are critical for ensuring passenger safety, particularly for women, children, and elderly persons, by enabling timely emergency response.

“We direct the States and Union Territories that no public service vehicle shall be granted a fitness certificate under Section 56 or a permit under Section 66 of the Motor Vehicles Act, 1988, without verified installation of VLTDs and emergency buttons, and reflection in the VAAHAN App,” the Court ordered.

The Bench also directed all States and Union Territories to strictly enforce Rule 125H by ensuring installation of vehicle location tracking devices and panic buttons in both new and existing public service vehicles in a time-bound and verifiable manner.

Further, the Court ordered retrofitting of VLTDs and panic buttons in public service vehicles registered up to December 2018, in line with the statutory requirements. States and Union Territories were also directed to integrate installation and functionality of these devices with the Vahan database for real-time compliance monitoring.

The directions came after Amicus Curiae Gaurav Agarwal apprised the Court of the statutory framework governing vehicle tracking systems, including the Motor Vehicles (Vehicle Location Tracking Device and Emergency Button) Order, 2018, issued by the Union government.

The Court noted that the amicus had explained the importance of such devices and the consequences of non-compliance with the legal mandate.

At the hearing, the Bench also raised broader concerns regarding road discipline and accident prevention, with Justice Pardiwala making pointed observations about the lack of lane discipline in India.

“How do you ensure in this country that drivers do not do away with lane driving? There is no concept of lane driving in this country. Most of the accidents occur due to that,” Justice Pardiwala remarked.

Referring to traffic conditions in major cities, he added:  Lane driving is something which will reduce the accidents considerably. Government must focus on it.”

When Additional Solicitor General Vikramjeet Banerjee submitted that the Union had written to State governments, the Court stressed the need for effective compliance rather than mere communication.

The Bench also welcomed a suggestion made by the amicus and the applicant that tracking devices should be installed by vehicle manufacturers themselves as pre-fitted equipment. It directed the Union government to engage with manufacturers across the country and place an appropriate report before the Court.