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Motor Vehicle Regulation & Road Safety Bill 2015
suhaan.mukerji@plrchambers.com
To provide a framework for safe, fast, cost effective and
inclusive movement for passenger and freight in the country
thus...
Shift to international best practices:
Institutional Framework
INSTITUTIONAL FRAMEWORK
Existing Proposed
Lead Agency
Natio...
Shift to international best practices: Safer Mobility
SAFER MOBILITY
Existing Proposed
Policies to encourage investment in...
Shift to international best practices: Safer
and more efficient vehicles
SAFER AND MORE EFFICIENT VEHICLES
Existing Propos...
Shift to international best practices: Safer
Road Users
SAFER ROAD USERS
Existing
Proposed
Driver Licensing
Unified driver...
Shift to international best practices
: Safer Road Users
SAFER ROAD USERS
Existing
Proposed
Drunk-driving
BAC Limit 0.03g/...
Shift to international best practices:
Post-Crash Care
POST-CRASH CARE
Existing Proposed
Vital Registration System Yes Yes...
Shift to international best practices: Safer
and More efficient infrastructure
SAFER & MORE EFFICIENT INFRASTRUCTURE
Exist...
Shift to international best practices:
Insurance and Crash Investigation
INSURANCE AND CRASH INVESTIGATION
Existing
Propos...
• School bus guidelines
• Directions to control and manage the flow of trafficM.C. Mehta v. UOI
(1997/98)
• Insurance liab...
• Permanent Committee set up in April 2014
• Monitoring of schemes of GOI & States on
Road Safety
Justice
Radhakrishnan
Co...
Public
transport
• develop competitive market for public
transport
Safety by
design
• construction, design, maintenance an...
Motor Vehicle Regulation & Road Safety Bill 2014
Chapter Content
1 Preliminary
2 National Road Safety Authority of India
3...
Morth Members
Roads standards
Traffic
management
Motor vehicle
insurance
Testing standards
Transport
infrastructure
Chairp...
Dedicated focus
and institutional
setup to save
more than
200,000 lives in
first 5 yrs
Independent agency
for vehicle regu...
Mandating & monitoring standards for Road Safety
Vehicle type approval, construction, design, and maintenance
Management o...
Promote innovation
and technology
adoption
Create new economy
around spare part
production
Improved vehicle
design for saf...
Chapter 3: Motor Vehicle Regulations
Pertains to all aspects of motor-vehicle regulation (design, weight, safety
equipment...
Simplified application
and issuance
procedures for driver
licensing system
Unified biometric
system to avoid
duplication.
...
Unified registration in a
dynamic information
system
Manufacturer, owner,
transport authority,
insurer, enforcement
agency...
Single national
authority for improving
quality of road
transportation
Focus on developing
integrated transport
systems & ...
Comprehensive definition of “Transit Improvement Infrastructure”
Exhaustive list of categories of public transport facilit...
Increasing the share of
public passenger
transportation
Two-tier permit system -
national and intrastate
permit
Developing...
Simplified permits with
online payment and
single portal
clearances
Identification and
development of freight
network
Addr...
Infrastructure for
passenger and goods
movement
Specific provision for
infrastructural needs of
vulnerable road users
Inte...
Provision for
enforcement of
modern safety
technologies
Creation of a motor
vehicle crash fund for
immediate relief to
cra...
Chapter 11: Insurance of Motor Vehicles against thir
Key new concepts:
Necessity for third party insurance
Duty to give in...
Detailed Crash
Investigation
Report (immediate)
Insurance
Company Officer
Intimated and
Appointed
Insurance
Company to
int...
• Motor Vehicle Crash Fund
• To be recouped by Insurance
Company on settlement/award
Immediate
Stabilization
• Settlement
...
Combination of
penalty& fines to
enforce traffic rules
Strict enforcement for
driving under the
influence of drugs &
alcoh...
Chapter 14: Offences and Penalties
Key new concepts:
Driver penalty points system:
Scale of penalty points corresponding t...
Key Aspects
5 types of penalties introduced: Penalty Points, Fines Imprisonment, Impounding and
Refresher Training
License...
Thank you
Best Firm for Policy & Regulation
- 2014 International Business Law Journal Awards
suhaan.mukerji@plrchambers.com
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CONNECTKaro 2015 - Session 11A - Road Safety - Motor Vehicle Regulation & Road Safety Bill 2015

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Speaker - Mr. Suhaan Mukherji, PLR Chambers

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CONNECTKaro 2015 - Session 11A - Road Safety - Motor Vehicle Regulation & Road Safety Bill 2015

  1. 1. Motor Vehicle Regulation & Road Safety Bill 2015 suhaan.mukerji@plrchambers.com
  2. 2. To provide a framework for safe, fast, cost effective and inclusive movement for passenger and freight in the country thus enabling ‘make in India’ Vision 2 lac lives to be saved in first 5 years due to reduction in road crash deaths 4% GDP improvement on account of increased efficiency and safety of road transport sector 10 lac Jobs to created with increased private sector participation
  3. 3. Shift to international best practices: Institutional Framework INSTITUTIONAL FRAMEWORK Existing Proposed Lead Agency National Road Safety Authority No Yes State Safety Authority No Yes National Transport & Multimodal Coordination Authority No Yes State Transport Authority No Yes National Road Safety Strategy Yes Yes Funding strategy to implement programs Partially funded Dedicated Fund Fatality reduction targets set* No Yes Fatality reduction target (annual)* No Yes * To be set by the National Road Safety Authority
  4. 4. Shift to international best practices: Safer Mobility SAFER MOBILITY Existing Proposed Policies to encourage investment in public transport Yes Enhanced Policies to separate road users to protect Subnational vulnerable road users Subnationa l Policies to promote walking or cycling Yes Yes
  5. 5. Shift to international best practices: Safer and more efficient vehicles SAFER AND MORE EFFICIENT VEHICLES Existing Proposed Vehicle Standards New car assessment programme Yes Yes Road worthiness tests for all cars and two wheelers (5 years) No Yes Vehicle Regulations Time-bound vehicle type certification Partial Full Vehicle categories of trailor, semi-trailor No Yes Conformity certification of vehicle spare parts No Yes Front and rear seat belts required in all new cars No Yes Vehicle Registration Unified vehicle registration system Yes Yes Registration linked with insurance, vehicle offence, fitness No Yes Private participation in vehicle fitness testing No Yes Provision for recall of vehicles No Yes
  6. 6. Shift to international best practices: Safer Road Users SAFER ROAD USERS Existing Proposed Driver Licensing Unified driver licensing system Yes Yes Automated driver licensing test No Yes Private participation in driver assessments No Yes Penalty/demerit point system in place License penalty points scheme No Yes Strict penalties for offences involving children No Yes Detailed impairment test for drunk driving No Yes Law prohibits hand-held mobile phone use -- Yes Law also applies to hands-free mobile phones -- Yes Speed limits Speed limits posted on all roads No Yes
  7. 7. Shift to international best practices : Safer Road Users SAFER ROAD USERS Existing Proposed Drunk-driving BAC Limit 0.03g/dl 0.02g/dl Random breath testing and/or police checkpoints Yes Yes Motorcycle helmets Applies to all drivers and passengers Subnational Yes Helmet standard mandated Yes Yes Seat-belt use Applies to front and rear seat occupants Yes Yes Child restraints Child restraints, child zones, child helmets, and adult accountability No Yes Enforcement
  8. 8. Shift to international best practices: Post-Crash Care POST-CRASH CARE Existing Proposed Vital Registration System Yes Yes Standard post-crash follow-up of victims No Yes Emergency access telephone number(s) Multiple Numbers Single Number Mandated Emergency medicine training for doctors Yes Yes Emergency medicine training for nurses Yes Yes Emergency training for paramedics No Yes* * To be set by the National Road Safety Authority
  9. 9. Shift to international best practices: Safer and More efficient infrastructure SAFER & MORE EFFICIENT INFRASTRUCTURE Existing Proposed Transit infrastructure Transit priority No Yes Impetus for BRT & intra-city transport No Yes Multimodal integration No Yes Provisions for NMT & pedestrian bicycle infrastructure No Yes Emphasis on safety of school children/women/Persons with disability No Yes Rationalization of public transport permits No Yes Road infrastructure Standards & guidelines for road infrastructure development, classification, design & construction No Yes Formal audits required for new road construction Yes Yes Logistics Framework for preventing overloading No Yes
  10. 10. Shift to international best practices: Insurance and Crash Investigation INSURANCE AND CRASH INVESTIGATION Existing Proposed Insurance Requirement of insurance companies to comply with policies, procedures for investigation, and settlement of claims No Yes Provision of cashless treatment for victims of all crashes during ‘Golden Hour’ No Yes Necessity for third-party insurance Full Full Motor vehicle crash fund to provide mandatory insurance to all road users No Yes Crash Investigation Standard crash investigation procedure No Yes Detailed crash investigation report Partial Yes Database of all drivers, vehicles and crashes Partial Full
  11. 11. • School bus guidelines • Directions to control and manage the flow of trafficM.C. Mehta v. UOI (1997/98) • Insurance liability where the driver does not possess a valid driving license National Insurance Co. LTD v Swaran Singh & Ors (2004) • Charging those who cause death in a road crashes under a harsher clause in the IPC Alistair Anthony Pareira v. State of Maharashtra (2012) • Hefty Fine to be used for compensation to victims of crashes • Role of Bystanders & their protection State v. Sanjeev Nanda (BMW Case) (2012) • Set up a permanent Road Safety monitoring Committee to oversee schemes of the Government of India and State Governments S. Rajaseekaran v. U.O.I (2014) Lacuna in Law – Activism by courts
  12. 12. • Permanent Committee set up in April 2014 • Monitoring of schemes of GOI & States on Road Safety Justice Radhakrishnan Committee • Provided recommendations to the Court on first aid education in schools, infrastructure on National Highways and training of police Justice Agarwal Committee • Recommended a Highway Force • Increased trauma infrastructure on highways & Universal Access Number • Good Samaritan Protection Committee under AS(CS), MHA Lacuna in Law – Activism by courts
  13. 13. Public transport • develop competitive market for public transport Safety by design • construction, design, maintenance and use of motor vehicles & roads Environment • energy efficient and eco-friendly transport system Unified market • facilitate movement of people, goods and services Guiding Principles of the Bill
  14. 14. Motor Vehicle Regulation & Road Safety Bill 2014 Chapter Content 1 Preliminary 2 National Road Safety Authority of India 3 Regulation of Motor Vehicle 4 Unified Driver Licensing System 5 Unified Vehicle Registration System 6 National Road Transport & Multimodal coordination Authority 7 Public passenger transport 8 Public goods transport & national freight policy 9 Infrastructure & Multimodal facilitation 10 Road Safety & Traffic Management 11 Insurance of Motor Vehicles against third party risks 12 Claims Tribunals 13 National Highway Traffic Regulation & Protection Service 14 Offences and Penalties 15 Miscellaneous
  15. 15. Morth Members Roads standards Traffic management Motor vehicle insurance Testing standards Transport infrastructure Chairperson Chapter 2: National Road Safety Authority of India Technical Panels: Representative List
  16. 16. Dedicated focus and institutional setup to save more than 200,000 lives in first 5 yrs Independent agency for vehicle regulation and road safety Legally empowered & fully functional agency, accountable to Parliament Financial independence with innovate financing mechanism for continued safety program Chapter 2: National Road Safety Authority of India
  17. 17. Mandating & monitoring standards for Road Safety Vehicle type approval, construction, design, and maintenance Management of Single Unified Registration System Management of Single Unified Driver Licensing system Ensuring transport and infrastructure efficiency Setting standards for all aspects mentioned in this Act Functions
  18. 18. Promote innovation and technology adoption Create new economy around spare part production Improved vehicle design for safer travel Time-bound vehicle type approval to promote innovation. Conformity to make spare parts cheaper SPARES Chapter 3: Motor Vehicle Regulations
  19. 19. Chapter 3: Motor Vehicle Regulations Pertains to all aspects of motor-vehicle regulation (design, weight, safety equipment, fuel efficiency, et al) Covers aspects related to breach of regulations Describes procedures related to procuring a Vehicle Type Approval Certificate and Certificate of Conformity, and the conditions for the suspension/cancellation of the same Covers rules related to the retrofitting of vehicles Describes the role of the National Authority with respect to Safety Tests Describes conditions and obligations pertaining to the recall of vehicles
  20. 20. Simplified application and issuance procedures for driver licensing system Unified biometric system to avoid duplication. Technology adoption for driver testing facilities Transparent, single window driver licencing system. Automated driving test for increased capacity with private sector participation. Chapter 4: Unified Driver Licensing System
  21. 21. Unified registration in a dynamic information system Manufacturer, owner, transport authority, insurer, enforcement agency all in one eco- system Private sector participation in establishing fitness centres Integration of all stakeholders. Easy (online) transfer of vehicles across states. Increased private sector participation to create more jobs Chapter 5: Unified Vehicle Registration System
  22. 22. Single national authority for improving quality of road transportation Focus on developing integrated transport systems & multi-modal hubs Feeder system and last mile connectivity for people friendly mobility Institutional setup to facilitate ‘Make in India’ vision. Seamless movement of goods and passengers across various modes Chapter 6:National Road Transport & Multimodal coordination Authority
  23. 23. Comprehensive definition of “Transit Improvement Infrastructure” Exhaustive list of categories of public transport facilities including special mention of Bus Rapid Transit(BRT) Permit Rationalisation – National Permit & State Permit Scheduled Service Restricted Scheduled Service Metered Service Restricted Metered Service Chartered Service Persons with disability have been considered while framing the Act Key Elements
  24. 24. Increasing the share of public passenger transportation Two-tier permit system - national and intrastate permit Developing & regulating public transport schemes Promoting eco- friendly public transportation for improving road safety, cost-effectiveness. Chapter 7: Public passenger Transport
  25. 25. Simplified permits with online payment and single portal clearances Identification and development of freight network Address bottlenecks concerning trucking industry Increase in logistics efficiency will reduce inflation and enable Indian manufacturing to become globally competitive Chapter 8: Public goods transport & National freight policy
  26. 26. Infrastructure for passenger and goods movement Specific provision for infrastructural needs of vulnerable road users Integration across various modes of transport Dedicated infrastructure will improve safety. multimodal integration will improve reliability and lower the cost of transportation Chapter 9: Infrastructure & Multimodal facilitation
  27. 27. Provision for enforcement of modern safety technologies Creation of a motor vehicle crash fund for immediate relief to crash victim Special emphasis on safety of school children and security of women Electronic enforcement in urban clusters. Special emphasis for safety of vulnerable road users Chapter 10: Road Safety & Traffic Management
  28. 28. Chapter 11: Insurance of Motor Vehicles against thir Key new concepts: Necessity for third party insurance Duty to give insurance to customers Minimum premium and maximum liability of insurers under third-party insurance Detailed Crash Investigation Report Payment of compensation on a structured formula Motor Vehicle Crash Fund
  29. 29. Detailed Crash Investigation Report (immediate) Insurance Company Officer Intimated and Appointed Insurance Company to intimate to Claims Tribunal within 30 days If no representation by Insurance Company, matter settled within 12 months Chapter 12: Claims Tribunals To adjudicate claims for compensation in respect of crashes involving death or bodily injury to persons arising out of the use of motor vehicles, or damages to any property of a third party
  30. 30. • Motor Vehicle Crash Fund • To be recouped by Insurance Company on settlement/award Immediate Stabilization • Settlement • Award by tribunalInsurance • GIC • Motor Vehicle Crash FundHit and Run 30 Relief to victims
  31. 31. Combination of penalty& fines to enforce traffic rules Strict enforcement for driving under the influence of drugs & alcohol Electronic detection & centralised offences information to identify repeat-offenders Graded penalty point system will act as a deterrent and improve traffic condition by reducing road rage Chapter 14:Offences and Penalties
  32. 32. Chapter 14: Offences and Penalties Key new concepts: Driver penalty points system: Scale of penalty points corresponding to degree and nature of offence Accumulation of penalty points  further penalty of cancellation. Vehicle penalty points Scale of points corresponding to nature of offence Accumulation of penalty points  further penalty of impounding or immobilisation Unified schedule of penalties: combination of Fines  Imprisonment  Penalty points Licences/permits cancellation  Impounding  Compulsory refresher training Deterrent fines to discourage road users from committing violations Schedule of offences & penalty points system: Amendment possible by Safety Authority Zero tolerance for consuming alcohol/drugs and driving
  33. 33. Key Aspects 5 types of penalties introduced: Penalty Points, Fines Imprisonment, Impounding and Refresher Training License penalty points scheme: leading to cancellation/suspension of license Contact free enforcement reduces corruption Harsh penalties for offences involving children or resulting in their death/injury Tests for Drink-Driving laid out in detail – including impairment tests (sobriety checks etc.) Penalty points & fines laid out in Schedules – power to amend remains with National Authority
  34. 34. Thank you Best Firm for Policy & Regulation - 2014 International Business Law Journal Awards suhaan.mukerji@plrchambers.com

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