states-uts-ordered-to-frame-rules-on-pedestrian-safety-nmvs

In a decision to address safety concerns, the Supreme Court on Tuesday ordered all States and Union Territories (UTs) to frame rules within six months on road safety by regulating the movement of non-motorised vehicles (cycles, hand carts and so on) and pedestrians in public spaces, and by monitoring construction and maintenance of roads.

 

A Bench of Justices JB Pardiwala and KV Viswanathan directed all States and UTs to frame such rules under Sections 138 (1A) and 210D of the Motor Vehicles Act, 1988 (MV Act). These provisions were inserted in the MV Act by way of a 2019 amendment.Section 138(1A) of the MV Act empowers States to make road safety rules to regulate the movement of non-mechanically propelled vehicles and pedestrians in public places.

 

It adds that if such rules are sought to be put in place by States in relation to national highways, the same should be framed in consultation with the National Highways Authority of India.Section 210D, meanwhile, says that States can make rules for the design, construction, and maintenance standards for roads other than national highways.The Court has now ordered the framing of such rules within six months, if they have not yet been framed.

 

The order was passed on a petition filed in 2012 by a Coimbatore-based orthopaedic surgeon who had raised concerns about the large number of road accidents that occur in India.The petitioner sought directions to the Union Road Transport Ministry to take coordinated efforts to prevent road accidents.He also sought directions to improve existing infrastructure and facilities catering to post-accident care to minimize the loss of life and physical injuries to victims of road accidents.

 

Over the years, the Court passed several directions in the matter, including for the formation of a steering committee to address road safety issues flagged in the case, and for the enforcement of the Motor Vehicles Act, in particular Section 136A (electronic monitoring and enforcement of road safety).In August last year, the Court added that it will also consider issuing directions for the formation of State and Central portals to facilitate the payment of compensation to victims of road accidents.