CENTRAL MOTOR VEHICLES

RULES IN SUPPORT OF ROAD

SAFETY
Key Rules and Concerns
 KEY ROAD SAFETY AREAS

USER BEHAVIOUR OTHER

• Helmets • Road Design and Construction
• Seat belts • Electronic Enforcement
• Child Restraints • National Road Safety Board
• Drink and Drive • National Transport Policy
• Speeding • Enforcement issues
 HELMETS

• Section 129 still not brought into force

• Required to ensure scrapping of all State exemptions
• Can immediately notify BIS as helmet standard
• Add/update other standards subsequently
• Other Issues
• No globally acceptable standards for children below 4
• Resolve apparent conflict with section 128
 SEAT BELTS AND CHILD RESTRAINTS

• CMVR needs to be brought in consonance with MVA

• Age up to which child is required to use a child restraint
• Who is required to use a seat belt
• Who is responsible?
• Driver and “causes and allows” a motor vehicle to be driven with a child . . . – can this
mean to include parents?
• Unlike seat belts no exemptions allowed for 194B(2) – implementability?
• Support for implementation of CRS
 ROAD DESIGN AND CONSTRUCTION

• Standards – IRC?
• Interpretation of 198B “standards, as may be prescribed by the Central
Government” vs 210C and 210D “rules for . . . standards“
• Standards for all roads to be prescribed by the Central Government
• Rules for application of standards for various category of roads by Central and State
Governments
• Implementation
• Need for technical body for assessment of cases
• Role of citizens
 ELECTRONIC ENFORCEMENT

• 136A - The Central Government shall make rules for the electronic monitoring
and enforcement of road safety
• Type approval of various devices (speed cameras, speed guns, CCTV etc)
• Issues related to number plate recognition (non-standard plates) and duplicate plates
• Compounding vs summons in electronic enforcement (see section 208)
• Delivery of summons – manner (see section 209)
• Responsibility of owner
• Privacy and data protection concerns
 NATIONAL ROAD SAFETY BOARD

• Can the NRSB be based on similar boards in other countries, such the NTSB in
the U.S
• Addressing the need for the independence and expertise of the Board and the
ability to establish bureaus, divisions or offices
• Rules regarding the manner in which advise is rendered and response of the
Government
• See The Independent Safety Board Act
https://www.ntsb.gov/legal/Pages/ntsb_statute.aspx
 NATIONAL TRANSPORT POLICY

• Key provision in the Act – can cover a very wide array of issues
• Specific focus on key areas such as
• Road Safety
• Urban Transport
• Environment, sustainability and accessibility
• Potential to use revised NTDPC
• https://web.archive.org/web/20160403090329/http://planningcommission.gov.in/sector
s/index.php?sectors=National%20Transport%20Development%20Policy%20Committ
ee%20(NTDPC)
 ENFORCEMENT

• Issues around enforcement by States and compounding notification

• Non-compoundability of section 177A (Driving Regulations)
• Non compoundability of section 184 (other than the use of “mobiles”)
• 194A. Carriage of excess passengers – implications for urban bus services