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 |