Road Safety and Motor Vehicles (Amendment) Act 2019: A Step Towards Safer Roads

  

Introduction

Road safety is a critical issue that impacts the lives of millions across the globe. In India, road transport plays a vital role in the nation's economic development, offering mobility for both people and goods. However, this growth comes with significant risks, including the high incidence of road accidents, injuries, and fatalities. The increasing rate of motorization, coupled with rapid urbanization and economic growth, has led to a rise in traffic-related incidents. In response to this, the Indian government introduced the Road Safety and Motor Vehicles (Amendment) Act 2019, aimed at addressing the challenges posed by road transport safety.

Importance of Road Safety

The significance of road safety cannot be overstated. Road transport facilitates economic growth but also poses a grave threat to public health. India’s road safety situation is alarming, with road traffic injuries being a leading cause of death and disability. According to data from the Institute for Health Metrics and Evaluation (IMHE), road traffic injuries were the 8th leading cause of death in India in 2016, particularly affecting young men aged 15 to 49 years. This demographic, being part of the productive workforce, underscores the economic losses associated with road accidents.

India loses approximately 3% of its GDP annually due to road accidents, many of which are preventable. In recognition of the critical nature of road safety, India signed the Brasilia Declaration in 2015, committing to reducing road accidents and fatalities by half by 2020. However, the reduction has not been significant, highlighting the need for continued and enhanced efforts.

Causes of Road Accidents

Road accidents in India are multi-faceted and result from a combination of human error, road conditions, and vehicular issues. Below are some of the main causes:

  • Human Errors: Over-speeding and driving on the wrong side account for 76.7% of total accidents and 73.1% of deaths. Other violations such as drunken driving, red-light jumping, and using mobile phones while driving also contribute significantly. While these errors are classified as driver faults, there is also a need to address potential issues in road design that may exacerbate these problems.

  • Road Conditions and Environment: Over half (50.5%) of road accidents occur on roads in open areas, with 64.2% happening on straight roads. This suggests that speeding, particularly in open areas with straight roads, is a major factor. These insights call for better road design and stricter enforcement of speed limits.

  • Vehicular Condition: Old and poorly maintained vehicles are more prone to breakdowns, often lacking modern safety features like airbags. On highways, tire bursts and mechanical failures have led to numerous accidents. The absence of adequate safety measures, such as helmet usage or seat belts, also contributes to higher fatality rates.

Government Initiatives for Road Safety

The Government of India has implemented several measures to improve road safety. These include the formulation of a National Transportation Policy, the establishment of the National Road Safety Council (NRSC), and the adoption of a multipronged strategy based on the 4 'E's: Education, Engineering, Enforcement, and Emergency Care. Below are some key government initiatives:

  • National Road Safety Council: The NRSC is the apex body responsible for making policy decisions regarding road safety. The government has urged all states and union territories to establish similar councils and conduct regular meetings to address road safety issues.

  • Road Safety Audits and Black Spots: The government has prioritized road safety audits and the identification of accident-prone "black spots" on national highways. Steps are being taken to rectify these dangerous areas and improve overall safety.

  • Vehicular Safety Standards: Stringent standards are being imposed for vehicular safety, including the requirement of seat belts, anti-lock braking systems (ABS), and child restraint systems. The government is also working on improving the inspection and certification of in-use vehicles to ensure roadworthiness.

  • Post-Crash Response and Trauma Care: The government has introduced guidelines to protect Good Samaritans who help road accident victims from harassment. Standard Operating Procedures (SOPs) have been issued to hospitals, police, and authorities to ensure the protection of these individuals. This initiative encourages bystanders to assist accident victims without fear of legal consequences.

The Motor Vehicles (Amendment) Act 2019

The Motor Vehicles (Amendment) Act 2019 was introduced to address road safety challenges, improve citizen services related to transport, and modernize vehicle and driver regulations. Below are some key provisions of the Act:

  • Road Safety: The Act significantly increases penalties for traffic violations, including juvenile driving, drunken driving, driving without a license, over-speeding, and overloading. These stricter penalties are designed to deter unsafe driving behaviors. Additionally, the Act mandates a 10% annual increase in penalties to maintain their deterrent effect.

  • Vehicle Fitness: Automated fitness testing for vehicles is now mandated to reduce corruption and ensure that vehicles on the road are in good condition. The Act also provides penalties for those who violate safety or environmental regulations, as well as for manufacturers of defective vehicles.

  • Recall of Defective Vehicles: The central government is empowered to recall vehicles with defects that could harm the driver, passengers, or other road users. Vehicle manufacturers must either reimburse the buyers or replace the defective vehicle with a safer model.

  • National Road Safety Board: The Act establishes a National Road Safety Board, which will advise the government on all aspects of road safety, including vehicle standards, traffic management, and the promotion of new vehicle technologies.

  • Good Samaritan Protection: The Act formalizes protections for Good Samaritans, ensuring that individuals who assist accident victims are not harassed or subjected to unnecessary legal procedures. This provision is crucial in promoting timely assistance to road accident victims, potentially saving lives.

  • Cashless Treatment During the Golden Hour: The Act introduces a scheme for cashless treatment of road accident victims during the "golden hour" — the first hour after an accident when prompt medical treatment is most critical.

  • Motor Vehicle Accident Fund: A Motor Vehicle Accident Fund will be created to provide insurance coverage for all road users. This fund will be used to compensate victims of hit-and-run accidents, provide treatment for injuries sustained in road accidents, and offer other types of compensation as prescribed by the government.

Improving Services with e-Governance

The Motor Vehicles (Amendment) Act 2019 also aims to modernize and streamline services provided by transport departments through the use of e-governance. Some of the key changes include:

  • Online Services: Provision for online issuance of driving licenses and vehicle registrations aims to reduce the incidence of fake licenses and improve the transparency of transport department operations.

  • National Registers: The Act calls for the creation of National Registers for Driving Licenses and Vehicle Registration to harmonize the licensing and registration process across the country.

  • Taxi Aggregators: For the first time, the Act defines and regulates taxi aggregators, such as digital platforms that connect passengers with drivers. These services must comply with the Information Technology Act of 2000 and obtain licenses from state governments.

Conclusion

The Motor Vehicles (Amendment) Act 2019 is a significant step towards improving road safety in India. With its provisions for stricter penalties, improved vehicle fitness standards, and enhanced post-accident care, the Act seeks to address the multifaceted challenges of road safety. By leveraging modern technologies like e-governance and automated testing, the government is working towards creating a more efficient, transparent, and safer road transport system. Despite some concerns about state powers being curtailed, the Act is a welcome development that will save lives, reduce economic losses, and make Indian roads safer for everyone.

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