Public comments sought on the Draft of Road Transport and Safety Bill, 2014

On September 13, 2014 a draft Bill titled Road Transport and Safety Bill, 2014 was placed on the official website of the Ministry of Road Transport & Highways, Government of India to seek feedback from the people in order to replace the existing road safety legislative framework with the proposed new Act. The Bill contains 340 Sections, 15 Chapters and 4 Schedules. The objective of the Bill is to reduce road traffic accident deaths, improve GDP and to create jobs in order to enable the mission of “Make in India”.

The Bill proposes inter alia:

  • Setting up of an independent institution for vehicle regulation and road safety, and an innovative funding mechanism to implement safety programs.
  • A transparent single window driver licensing system, unified vehicle registration system in a dynamic and digitalised information system.
  • Simplified permits & single portal clearances.
  • Adoption of innovative and new technologies to regulate safer travel.
  • Development of integrated transport systems & multi-modal hubs.
  • Regulation of public transportation in eco-friendly manner.
  • Special emphasis on the safety of school children, disabled person and security of women.
  • Creation of motor accident fund for immediate relief to accident victims.
  • Cashless treatment of victims of accidents during ‘Golden Hour’.
  • Speed limits to be posted on all roads.
  • Prohibition of hand held communication devices while driving.
  • Framework to prevent overloading of vehicles.
  • Standards & guidelines for road infrastructure development and construction.
  • Private participation in vehicle fitness testing.
  • Roadworthiness tests for all vehicles.
  • Impairment test- breathe test- clinical test etc in case of suspicion about fitness of the driver.
  • Requirement of Vehicle type approval certification, certification of conformity, unique identification mark and the display of the Registration mark for all the motor vehicles to be used in a public place.
  • Safety performance test and competency test to ensure road safety.

 

The Bill also proposes increased penalties for the contravention of the provision of the Act and provides for electronic detection and centralized offences information to identify repeat offenders. Some of the enhanced penalties are as follows:

 

                             Offence                                                             Penalty

 

Driving of motor vehicle without valid driving licence Rs.10,000 fine and impounding of the vehicle
Causing unauthorised person to drive a vehicle Rs.10,000 fine and impounding of the vehicle
Manufacturing of faulty vehicles Rs. 5,00,000 fine per vehicle, or imprisonment for a term of 3 months, or with both
Using vehicle without registration/ permit 1st offence – Rs.25,000 fine; and each subsequent offence – Rs. 50,000 fine
Driving without the consent of the owner or lawful authority Rs. 10,000 fine
Driving against the authorized flow of traffic Rs. 5,000 fine, or imprisonment for a term of 1 week, or with both
Not giving way to emergency vehicles Rs. 5, 000 fine
Dangerous driving with children on board Rs. 15,000 fine, and 6 months license suspension, or imprisonment for a term of 15 days, or with all.

2nd or subsequent offenses – the fine shall be doubled, along with compulsory refresher training.

Driving under the influence of alcohol or drug Rs. 15, 000 fine, or imprisonment for a term of 6 months, which may extend to 12 months, or with both, and a 6 month license suspension from the date of conviction, or date of sentencing or date of release.

2nd offence – Permanent cancellation of driving license and imprisonment for a term extending to 2 years.

Driving vehicle exceeding permissible weights 2 Wheelers: Rs. 10, 000 fine

Light Motor Vehicle: Rs. 25, 000 fine

Heavy Motor Vehicle: Rs. 50,000

Driving uninsured vehicle Two-wheelers: Rs.10,000 fine

Light Motor Vehicle & Three wheelers: Rs.25,000 fine

Other Categories of Motor Vehicles:

Rs.75,000 fine

Violation of traffic signal 1st offence – Rs.5,000 fine;

2nd offence – Rs. 10,000 fine; and

3rd offence – Rs. 15,000 fine, 1 month license suspension, and compulsory refresher training

Use of handheld communication device while driving 1st offence – Rs. 4,000 fine;

2nd offence -Rs. 6, 000 fine; and

3rd offence – Rs. 10, 000 fine,  1 month license suspension, and compulsory refresher training

Not wearing seat belt or protective gear while driving Rs. 5,000 and Rs. 2,500 fine respectively
Causing obstruction to free flow of traffic Rs.1,000 fine per hour
Racing and trials of speed 1st offence -Rs.10,000 fine;

2nd offence -Rs.15,000 fine; and

Each subsequent offence -Rs.25,000 fine, and imprisonment for a term of up to 2 weeks.

Disobey of  traffic signals at railway crossing Rs. 5,000 fine, or imprisonment for a term of not more than 2 weeks, or with both.
Causing children to sit without seat belt Rs.5,000 fine

 

 

19 comments

  • Avatar

    Though the amendment intended are well come the IMPORTANT provision is totally mess i.e. the RTO Department and the working thereof. Most corrupt and unhygienic to the Society at large and to the Govt. Administration in particular, so much so that the Union Minister Shri. Gadkari compelled to accept it publicly.

    Needless to state the Agents and the touts GHAROVED the Dept. wherein the no outcome since decades together without any remedy in near future.

    There MUST be provision, accountability, and responsibility needed to be re-defined.

    Else more Power will get more corruption, when as on date there is NO LIMITS for the same.

    Will the Authority do anything in this direction???????

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    Suitable amendment has to be brought in MV Act in the event of accident which results in injuries/death/damage to property, out of of total amount awarded a minimum of 25% should be recovered from owner/driver of vehicle(there should be a prohibition to cover this risk by additional premium). Let the underwriter pay the total amount awarded to the victim; but he should be allowed to recover the 25% min from the owner/driver. Further, when the court finds the drive is really rash and negligence, his licence should be suspended for at least two years and he should be asked to pay separate amount as compensation. All this should be in addition to consequences under IPC. I feel unless wrong doer is made to shell out / suffer consequence, for the suffering caused by him, the things will not improve.

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    Not sure how will they track each violations. If there is no foul proof system to monitor, then it will just become a another chance for the police to get bribe !

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    Wow new rules,new names,new so many things but there's such a lot of old things or tricks most of us haven't even heard of like Amber light means get ready to stop or move.this is one good trick to escape death but I wonder why people zoom faster when they see Amber.
    I think nobody taught them this life saving trick or may be all these people are zooming for their lives because they see all these people in their rear view mirror speeding and flashing headlights to race and beat the Amber light.
    At the red signal two men suddenly got down from their bikes turned off the engine and started pushing their bikes right into the middle of traffic their pillion rider became the traffic controller and he skilfully guided to the other side and sped away.i don't know if he was trying to save fuel or was he reducing emissions.
    To my left at the red signal I was shocked to see nobody all of them were some 10 feet behind me,then I realised they were all standing under the tree for shade preventing people from taking a free left turn.
    One youngster I think he was running late for school so he skilfully did a wheeling
    Onto the footpath weaved trough all the pedestrians and sped away I don't know why the traffic cop suddenly stopped controlling and started writing something.
    We need education,we need traffic professors not inspectors.accidents victims are not just motorists they include pedestrians passengers kids even the man controlling traffic standing in the middle of the road.
    Compulsory traffic education right from primary school,daily full time classes to be conducted at licensing offices by experts monitored by some video cameras and in and out of lecture halls to have finger scan to ensure attendance,test to be conducted by automated online method at the office or the rules reviewed in full detail by making it compulsory to attend the classes conducted to the applicant when he seeks a particular service. Making us all understand the rules and regulations and the importance to follow them should be the ultimate goal.
    No amount of fine is equal to life.

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    it seems to be prepared with good intent but i fear it may become another tool of harrassment by police.

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    I thoroughly welcome the new road transport bill 2014 of the new Govt. Congrats to Mr.Gadkari for thinking of refining the system and I am sure this BJP Govt. will also take care in implementation of the rule. RTOs are in a total mess in a sense that things are being done swiftly only through agents. The new bill should also aim at making trouble free movement of four wheelers in all the states of India without the trouble of obtaining NOC, re-registration, etc.

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    First I congratulate the “The Team India” for formulating/ updating new rules and regulations for Road Traffic Accident Reduction in India. (As per latest WHO report, India Overtaken China in the RTA rate and in India more than 1,30,000 are brutally killed on India Roads every year!!!!) .

    I think in every developed country with low accident rate one major factor to prevent this is Heavy fine on the other hand the govt can utilize the amount for Road infrastructure development for safe riding.

    The main factor in the success of this is “ Proper implementation of law” Every Indian citizen can check, if all the offenders are punished ( now people with connection in traffic Dept. can easily escape from the punishment, even the offence is recorded in video) . So there must be a system that every Indians can check the punishment status of Traffic invaders. ( as like as speed post tracking etc ) for that the whole process must be computer controlled without human interventions. But at the same time high security needed persons like PM etc can be excluded from this due to security reasons.

    Now mobile phones with video recording are very common, so citizens can directly record traffic violations and 10 – 20 % of the fine can given to the person as a reward , who recorded the violations ( so he will track the punishment status also!!! ) This also ensure no one ( even High Profile) cannot escape form traffic violations.

    Once again I congratulate the all ministers of India Govt. . & Officers for making new RTA Protocols in the name of lakhs & lakhs of brutally murdered innocent citizens of India on Road Accidents!!!!!

    Arun K Madhavan
    Vennala, Kochi.
    arunkmadhavan@gmail.com
    9037950151

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    if the contribution of the private sector in certifying vehicle fitness it will cause major problems to the vehicle user.the vehicle will must be checked and certified by the motor vehicle inspector. then only it will be for the vehicle user. thank you.

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    Follow the rules (traffic signals, road signs, and common sense) and you'll be fine.

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    I feel that this new law would be insufficient to change the condition of traffic in India. The law has to be made non bailable otherwise it will be futile. In Gurgaon people jump red lights on their free will especially at night. It's really very dangerous. I, as a citizen don't feel safe at all to drive on Gurgaon roads. Something very strict needs to be done otherwise the day is not far when many innocent lives will be lost. Also the fine should be in multiples of Rs. 50000 and above

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    Based on observations & experience —
    1. Indian population Most of the people
    Survival is depending on transport. Person becomes driver,
    Cleaner in search of job, at early.
    Hence it is suggested to make
    Appropriate revolutions in Govt.
    Dept. Instead of public private
    Partnership PPP/ privatization.
    2. Person using the road should
    Know each & every aspect of
    Road, the person should have
    Very conscious about their
    Vehicle & public using the road.
    This may not be feasible to fetch
    Result by various types of punishment
    Like heavy penalty, cancelling driving
    License.
    3.driving is an art. It requires considerable
    Time to become peaceful driver. Expert
    Driver comes there after.accidents occurs
    In the absence of awareness.as such the
    Lessons to be started from schools, upto
    Eighth standard one lesson to be added.
    say in LKG children should learn "A" for
    Apple, – – – "R" for road. Since say from
    LKG the child become road user – by
    walking,bicycling etc., usually children
    will obey the teacher's guidance then
    The parents.
    4.within schooling all should know basically
    Variety of vehicles, animals/humans behavior on
    Roads,road sign board,do & don't on roads,
    Their precious life, their dependents,etc.,
    appropriate syllables to be framed.
    5.now they maybe considered for reliable
    Driver/road user at prescribed age.
    6.if it is feasible ,eighth qualified people
    Maybe considered for driving license
    Till the entire people. qualified/completed
    SSLC, 100% literacy requires
    Considerable time. Hence min.
    EQ for driver to be kept eighth.

    7.opinions may be obtained from all age
    groups,APL,BPL,urban,rural,etc,.
    8.each & every driver should realise their responsibility. Then
    Their reflux action & subconscious
    Mind will do wonder during emergency.

  • Avatar

    safety bill is good , IMPLEMENTATION has to be there. It is seen in India rules do exist but these rules increase the corruption. Unless corruption is eradicated rules will not work.
    It is seen usually bigger the vehicle is found on fault, car with scooter, police find fault with car and so on. In most cases pedestrian are at fault but not booked.
    Children in schools must be taught to cross the road.
    Criss cross driving or driving as snake moves be checked, too often change of lane be checked.
    Use of cameras as road junctions be installed.
    BEST ROAD LAWS ARE IN AUSTRALIA AND BE STUDIED AND IMPLEMENTED.

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    This is just pathetic! In short you should stop using private vehicles unless you carry 50-70 thousand in your pocket, because our officers have every rule in their pocket which will make you a criminal and their pocket full.

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    When my second hand car costs rs 50000 how can i afford to pay rs75000 fine.?for taking delayed insurance policy. In a poor country it takes a life time savings to buy a car. Insurance must be made one time payment for life time at the time of pudchasing a car.out of interest earned from this yearly insurance can be covered

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    The draft bill of road transport and safety 2014 is promoting more towards privatization of the TRANSPORT sector. the fines and penalties are increased to an unbearable extent which in turn will lead to more corruption from the officials. grant of permits been simplified and scheme prohibitions are removed to enable participation of private operators n nationalized roads. this will definitely jolt the progress of State Transport Undertakings which depend on these nationalized roads. In turn lakhs of employees working in the STU's will loose job security and this will lead t more problems for the middle and lower middle class people like drivers, conductors and mechanics depending on the salary earning out of their job. these three posts will loose heir social security, job security and might lead to major economical drawback to the country. Transport undertakings especially in the southern parts of the country are giving very good efficient and economical transport services to the general public. all those privileges, concessions and security can not be provided by any private operators.
    therefore the draft should be amended with a special provisions saving the present operation of all the Undertakings, providing preference to the undertakings in grant of future permits. The undertakings in the transport sector should be provided with economical security, and job security which in turn will safeguard lakhs of families depending on these undertakings.private participation in transport sector might also lead to security threat in future since the Government will loose its legitimate control over the operation of service.

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    Fine for errant drivers in Draft Bill :
    This is going to be a mile stone in traffic management in the country due to the very heavy fines proposed. Precisely for the same reason in western world the traffic is well controlled mainly because of the very heavy fines or suspension of the licenses as is dependent on the violations. These heavy amounts will deeply hurt the errant drivers who are currently used to be paying Rs.100 or Rs.200 for any violation and as a result does not care.
    If somebody has to shell out Rs.5,000 or Rs.10,000 as a penalty or his license gets suspended, he will think ten times before violating the traffic rules. In Bangalore penalty for any offence is Rs.100 which the drivers just throw on the policemen and drive on.
    There are basically two factors to be considered in implementing this strict rule. No doubt, one is the heavy penalty to be paid for and the second, most importantly, is the total ignorance of the rules and regulations of the traffic discipline by the errant drivers.
    Majority of the licenses are issued by RTOs through the driving schools. The drivers who teach driving to beginners teach them only the steering, brake and the clutch, because these drivers themselves are ignorant of the traffic rules. It is important that the drivers must go through a course of driving disciplines and the Rules to be followed before they are appointed by the Driving Schools.
    The second stage is the Exams for the issue of Licenses through the RTO Offices. If the inspectors are strict on this, then the learner will know the traffic rules and will follow. Sometimes one wonders whether these Inspectors themselves are in the know of the Rules & Regulations or they do not consider these for some considerations.
    It is sad to see drivers driving on the right side of the road and start arguing when objected. The main causes for these violations are either the ignorance or deliberately not caring for the consequences. Whatever it is, such stiff penalties are bound to hurt the errant drivers who thereafter will be careful in following the Rules and Regulations.
    The Highways present a tragic scene; trucks, buses or any other heavy vehicles are being driven on the right side of the road and lighter vehicles on the left. The vehicles in Tamil Nadu present apathetic scene. If you blow the horn for him to give way, he will flash the left side indicator asking you to overtake from the left. A discipline totally opposite of laid down directions.
    Organizing the whole discipline all over the country is going to be a herculean job. A large number of manpower who will need to be trained first not only on learning the disciplines but, also managing the errant drivers. To manage this in the vast country like ours is not going to be easy but, once implemented will bring in fantastic results in terms of reduction of accidents, deaths etc. etc.

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    This bill is totally against the people. If the govt. is serious about raod safety then first and foremost thing it should do i.e. direct all traffic police who are on duty to be standing at red light and 100-200 mts. away from red light and hiding and once they see a person jumping red light then they come on raod for challan that person. I am sure had the traffic police been at red light then that person would have never dared to jump. So the main aim of the traffic police is to increase the revenue of the govt istead of caring for the precious life of our people. and not the safety of people. Since as per research most accident occurs at red light, so the police has to be their at red light and not else where in order to intimidate people to commit red light jumping by not being visible.

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    i think this bill is prepared with the motive of harassing the people of India. if they want really want to control the accidents and better traffic flow they should first provide better infrastructure (at least roads, we don't find road without potholes)for automated fine system such as if anybody crosses the yellow line before the green signal he/she should be fine automatically. for that every vehicle should be connected through the banking network and everybody should have the banking account.otherwise, this law will only be beneficial for the traffic police, insurance company and helmet companies producing companies

  • Avatar

    these bills are good for countries having transportation infrastructure. road with below standards, those acts are not going to hold any good. the penal clauses and restrictions are useless and the legislators should think on the present circumstances before law making
    to my firm belief these bills are made not to help public but virtually intended to keep the interest of the insurance companies
    why Cashless treatment limited for victims of accidents during ‘Golden Hour’. how many of them could reach hospital withing that time

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