This analysis was carried out by Somnath R.L. Saha, who is currently a first-year law student at Navrachna University in Vadodara, Gujarat, and is studying for a BBA LLB degree.
Introduction
India has the world’s second-largest road network and accounts for 10% of all road fatalities.
On July 1, 1989, the Motor Vehicles Act of 1988 went into effect, almost completely regulating all aspects of road transport vehicles. It bound motorists to be licensed and vehicles to be registered. It also talked about the Learner’s License system.
The Act also established rules and regulations for permit control, traffic regulation, and motor insurance, as well as imposing penalties. It states that one can drive the vehicle on a public road legally only after registering his license with the appropriate authority once he reaches the appropriate age for obtaining a license. No one can drive any vehicle without holding a license.
The Motor Vehicles (Amendment) Act of 2019 went into effect on September 1st, 2019 to enforce stricter traffic rules in the country. It also reinstated vehicle recalls for all vehicles that pose an unreasonable safety risk to other motorists, the driver, or the environment. The Central Government also established the National Road Safety Board as an advisory board on all aspects of road safety and traffic management through this amendment.[1]
Road accidents, traffic jams, road rage, underage driving, and drunk driving are just a few of the major issues that necessitate reflection on the current situation. Driving responsibly is a legal, social, and moral obligation that is rarely met. Failure to perform this duty may result in not only a legal battle for the irresponsible driver, vehicle owner, insurer, and others, but also excruciating pain and suffering for the victim and his family members for the rest of their lives.
Motor Laws Around The World
The world’s roads are becoming increasingly congested as the global population grows and access to transportation improves. This necessitates good infrastructure and traffic sense. Here’s a collection of some of the best (and most creative) traffic rules from around the world. Let’s learn how to make our roads safer.
It is illegal in Cyprus to eat or drink while driving, including water.
The fine is €85 (approximately $95.86).[2]
- Driving through a puddle and splashing a pedestrian is a punishable offence in Japan.
Drivers are prohibited from splashing mud onto pedestrians who are waiting at a bus stop or entering or exiting a stationary bus in Australia as well as USA.
Those who violate this rule may face a fine of up to $2,200 AUS — $1,550.63 USD.[3]
- Singapore’s Pedestrian Safety It is illegal to drive a car within 50 meters of a pedestrian in Singapore. Such rules are denoted by special zones known as Silver Zones. This ensures safe sidewalks and pleased pedestrians.[4]
- Germany’s Credit System Every – traffic offender receives demerit points under the country’s credit system. When an offender accumulates a certain number of demerits, her driver’s licence is revoked[5]
- Denmark – A driver is required by law to check under the vehicle before leaving. A small child or an animal could become entangled – the precautionary measure is used.
Traffic And Road Safety Issue’s In India
- Footpaths are not safe for pedestrians – Footpaths play an important role for pedestrians on the street, but they are frequently used by 2-wheelers rather than pedestrians. The route is in risk. Regardless of the laws in place, it is common to see bikes encroaching on footpaths in urban areas with no action taken. As a basic human right, a common man has the right to walk in public spaces, but the picture of this being fully implemented has yet to be realized.[6]
- Drunken Driving – Alcohol is a significant factor in causing a car accident. According to one study, alcohol was present in between 33% and 69% of fatally injured drivers and between 8% and29% of nonfatally injured drivers involved in the crash. According to the report, a teen driver is more likely to be involved in an accident than a driver aged 30 and up. Driving under the influence of alcohol endangers not only one’s own life, but also the life of an innocent man on the street.[7]
- Driving by underage people is not uncommon on Indian roads these days. The most serious issue is that parents encourage underage drivers when the law clearly prohibits it. Even parents who sit in the driver’s seat when their child is driving are breaking the law. When an accident occurs, the parents’ culpability for failing to meet moral and legal responsibility is frequently charged. Schools can help educate students and parents about the dangers of minor driving.
A data from the Ministry of Road Transport and Highways states that, 10,622 people under the age of 18 died in road accidents in India, leading to 29 deaths per day on average. Out of the 10,622 victims died, 3,417 were under-age who were driving the vehicle.[8]
- Road Rage – Road rage is a form of human behaviour that has criminal consequences. There is no particular law in India that describes road rage. It is a phrase used to refer violent incidents on major roads brought on by stress while driving in high traffic zones, which can result in death, attempted death, or injury. The majority of road rage incidents occur during rush hour. The following are the primary causes of road rage incidents: traffic congestion, noise levels, time constraints, and alcohol consumption.It’s a criminal offence that can result in serious injuries or even death. Though there are no specific rules in India that define road rage, it is past time for the government to define and strictly enforce the same so that people do not take the law into their own hands, as it has become a real nuisance and cause of concern about an individual’s safety on the road.
A solution to a major traffic problem from the viewpoint of the general public:
- Remove the Toll Booths in the city (Cities like Mumbai, Hyderabad, Delhi, Bangalore where there are Toll Booth inside the city) and charge Rs 2/- per litre as a toll surcharge on fuel to recover the project money! Fuel saved by not stopping at toll booths itself will do wonders!
- Hefty fines for heavy vehicles in right most lane.
- Prohibit trucks from plying at peak hours!
- Name the bridges after those who constructed it, rather than after ministers. Also put the phone number/address of the construction company on the roads they made, so that they are answerable.
Conclusion / Suggestions
Indian traffic and road safety policies require immediate attention. The best way which include Global Practices that should be implemented in India too are:
- Roads should be inspected at regular intervals by officials from the relevant authorities. It is a formal procedure for conducting an independent assessment of a specific design’s crash potential and likely safety performance. The concept of road safety audits was pioneered by the United Kingdom and has since been adopted by many other countries.
- Intelligent Speed Assistance Device – The most significant cause of accidents is speed. The installation of such devices in a vehicle can aid in comparing the speeds of drivers at specific locations and alerting drivers who exceed speed limits.[9]
- Alcohol Ignition Interlock – A device that prevents a vehicle from starting if the driver is too inebriated. Alcolocks are devices that originated in the United States, Canada, and Australia.[10]
- Incorporating road safety lessons into the curriculum from the beginning of education. This is already in place in France. In France, one such initiative of the Transport Ministry is the Educative Continuum. This is something that can be done in India as well.[11]
People in general frequently argue that the fine is too small, which explains why the violations are more serious. Even so, the hypothesis of a lower fine for traffic violations is untenable because the consequences of any such careless act, regardless of fine, result in a significantly larger loss of innocent life or partial or total impairment, with the same corresponding decision for the families of the victims and the accused.
It’s similar to when people deliberately break the law and pay off the challan. They simply have no fear of the law. They realise they only have to pay a fine. There is undoubtedly a need for strict traffic laws and their enforcement, but this cannot be achieved solely by increasing the number of traffic challans, but also through rigorous road safety sensitization programmes beginning in primary school. There should also be a lot of youth road safety education and awareness campaigns. Adopting global practices will not only improve road safety measures but will also save lives.
[1]Anik, Need of driving license for disputes arising in India, VIDHIKARYA (Mar. 21, 2022), https://www.vidhikarya.com/legal-blog/need-of-driving-license-for-disputes-arising-in-road.
2The Most Bizarre Driving Laws Around the World,BUSINESS INSIDER(Aug. 07, 2019, 9:41 PM),https://www.businessinsider.in/slideshows/miscellaneous/the-most-bizarre-driving-laws-around-the-world/slidelist/70575910.cms.
[3]Id.
[4]HT Brand Studio, Lesson In Road Safety From Around The World, HINDUSTAN TIMES (Jan. 28, 2019), https://auto.hindustantimes.com/brandstories/herowecare/lessons-in-road-safety-from-around-the-world/#:~:text=Sweden%20may%20just%20be%20the,on%2C%20even%20during%20the%20day.
[5]Id.
[6] Vidya Raja, Do Pedestrians Have Any Rights? Here’s What Every Indian Must Know!, THE BETTER INDIA (May 12,2017), https://www.thebetterindia.com/100305/pedestrians-right-road-safety-law-traffic/.
[7]CYBERABAD TRAFFIC POLICE TELANGANA INDIA, https://ctp.gov.in/IIPermissibleLimitAlcohol.htm.
[8]Lasya Shekhar, As accidents caused by minors rise parents penalised to curb trend, CITIZEN MATTERS (Apr. 12, 2018), https://citizenmatters.in/road-accident-chennai-hyderabad-minor-driving-parents-arrested-6296.
[9]What is intelligent speed assistance and how does it work?, ROAD SAFETY FACTS, https://roadsafetyfacts.eu/isa-what-is-intelligent-speed-assistance-and-how-does-it-work/#:~:text=Intelligent%20speed%20assistance%20(ISA)%20systems,%2Dlinked%20speed%2Dlimit%20databases.
[10]Increasing Alcohol Ignition Interlock Use, CENTRE FOR DISEASE CONTROL AND PREVENTION, https://www.cdc.gov/transportationsafety/impaired_driving/ignition_interlock_states.html.
[11]Road safety management in France, GOUVERNEMENT, https://www.onisr.securite-routiere.gouv.fr/en/road-safety-policy/road-safety-management-in-france.
