SUPREME COURT COMMITTEE ON ROAD SAFETY
Directions to the States/UTs to implement road safety laws
(Addressed to: Chief Secretary of States/UTs)
Dated: 18th August, 2015
The Committee constituted by the Supreme Court of India to monitor and
measure implementation of road safety laws in the country has had detailed
discussions with the concerned Central Ministries and all the States/UTs on the
trend of road accidents and fatalities. The data furnished by them have clearly
established that the number of fatalities in India continues to be very high,
causing serious emotional trauma and economic loss to the families of the
deceased and the society. The compensation awarded to the victims by the
Insurance Companies also runs into hundreds of crores of rupees every year.
The Committee has over the last one year issued directions to the States/UTs
to establish institutional arrangements to promote road safety, undertake
engineering measures to make roads safe, tighten enforcement together with
promoting road safety education and establishing adequate trauma care
facilities, and the Committee has been closely monitoring the action being
taken by the States/UTs. Even though a number of measures have been taken
by the States/UTs as directed by the Committee, the Committee on the basis
of detailed analysis of traffic accidents and fatalities has come to the conclusion
that unless strong and urgent measures are taken to deal with over speeding,
SUPREME COURT COMMITTEE ON ROAD SAFETY
Page 2 of 3
drunken driving, red light jumping, violation of helmet laws and seat belt laws,
use of mobile phones while driving, and over loading, the number of accidents
and fatalities will continue to remain high.
The Committee is of the considered view that the States/UTs and their
concerned Departments should take stern action against the violators of the
law and exercise the discretion under Section 19 of the Motor Vehicle Act,
1988 read with Rule 21 of the Central Motor Vehicle Rules, 1989 by passing an
order disqualifying the offender from holding a driving license for a specified
period and also by seeking imprisonment wherever it is provided under the law.
The Supreme Court, while constituting the Committee, has also emphasised the
necessity of strict and faithful enforcement of all existing laws and norms not
only as an absolute principle of law as well as for the high beneficial effects
thereof.
The Committee, therefore, directs the States/UTs and their concerned
Departments to take the following action forthwith:
Suspension of the licence for a period of not less than 3 months under
Section 19 of the Motor Vehicle Act, 1988 read with Rule 21 of the
Central Motor Vehicles Rules, 1989 for:
i. Driving at a speed exceeding the specified limit which in
the Committee’s view would also include red light jumping;
SUPREME COURT COMMITTEE ON ROAD SAFETY
Page 3 of 3
ii. Carrying overload in goods carriages and carrying persons
in goods carriages;
iii. Driving vehicles under the influence of drink and drugs;
iv. Using mobile phone while driving a vehicle.
The Committee further directs that in case of driving a vehicle under the
influence of drinks or drugs, the police should prosecute the offender and seek
imprisonment as prescribed under Section 185 of the Motor Vehicle Act, 1988
even for the first offence.
The Committee also directs that the helmet laws be made applicable all over
the State/UT both for main riders and the pillion riders. In case where the law
relating to the use of helmet is violated by either the main rider or the pillion
rider, they should both be subject to Road Safety Education and Counselling
for not less than 2 hours before imposition of fine as prescribed under the
Act.
Those who violate the seat belt law should also be subject to Road Safety
Education and Counselling before imposition of fine as mentioned above.
The Committee further directs the States/UTs to submit Action Taken Reports
at the end of every 3 months starting from 1st Sept, 2015.
***
