Breaking: SC Issues More Directions On Road Safety- Formulate Road Safety Policy & Road Safety Cells By Jan 31, Road Safety Fund & Action Plan By March 31.

The Supreme Court, on Thursday, issued guidelines to reduce the number of deaths that occur as a result of road accidents.The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta was hearing a PIL filed by Dr. S. Rajaseekaran, who is the Chairman and Head of Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore.Dr. Rajaseekaran had submitted that 90% of road accident deaths occur due to lack of strict enforcement of safety rules on roads and lack of strict punishment for those who do not obey such rules. He had then suggested adoption of practical measures to give effect to legislations, reports and recommendations for ensuring reduction in the number of lives lost due to road accidents.During the pendency of the Petition, the Centre had constituted a Committee on Road Safety under the Chairmanship of former Supreme Court Judge, Justice K. S. Radhakrishnan. The Committee has since submitted 12 reports and was commended by the Court for its work. The Court had also appointed Advocate Gaurav Agrawal as the amicus curiae.Road Accidents: SC approves guidelines on saving good Samaritans from HarassmentIn today's order, the Court began by noting that the number of deaths due to road accidents in the country is said to be over 100,000 in a year, which translates to about one death every three minutes. It further noted that the compensation awarded for deaths and other motor accident claims runs into hundreds of crores of rupees.It then considered the suggestions put forth by all parties and issued the following directions:"1. 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 Haveli and Andaman and Nicobar Islands, must now formulate the Road Safety Policy by 31st January, 2018. All States and Union Territories are expected to implement the Road Safety Policy with all due earnestness and seriousness. State Road Safety Council: All States have already constituted a Road Safety Council in terms of Section 215 of the 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 31st January, 2018. The responsibility and functions of the Council will 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. Lead Agency: Only a few States have established the Lead Agency as recommended by the Committee on Road Safety in its communication of 23rd December, 2014. The States and Union Territories that have not done so should establish the Lead Agency on or before 31st 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 issues including issues of driving licenses, 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 23rd December, 2014. 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 31st 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 the Fund will be utilized for meeting expenses relating to road safety. Road Safety Action Plan: The purpose of a Road Safety Action Plan is to reduce the number of road accidents, as 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 prepare a Road Safety Action Plan by 31st March, 2018 and put it into action after giving it due publicity. 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) of the Motor Vehicles Act, 1988. As suggested by the learned Amicus and agreed to by the MoRTH, the District Road Safety Committee should be put in place by 31st 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 District and members of civil society from the District. The...

Breaking: SC Issues More Directions On Road Safety- Formulate Road Safety Policy & Road Safety Cells By Jan 31, Road Safety Fund & Action Plan By March 31.

Apoorva Mandhani

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