W.P. (C) No. 295 of 2012                                                                                                 Page 1 of 33    

REPORTABLE  

IN THE SUPREME COURT OF INDIA  

ORIGINAL APPELLATE JURISDICITON  

WRIT PETITION (CIVIL) NO. 295 OF 2012  

Dr. S. Rajaseekaran (II)      ....Petitioner  

Versus  

Union of India & Ors.                ....Respondents  

J U D G M E N T  

Madan B. Lokur, J.  

1. In this petition under Article 32 of the Constitution Dr.                     

S. Rajaseekaran, an orthopaedic surgeon, a public spirited citizen and  

President of the Indian Orthopaedic Association has, inter alia, prayed for  

enforcement of road safety norms and appropriate treatment of accident  

victims.  

2. The petitioner states that in his capacity as Chairman and Head of  

Department of Orthopaedic Surgery, Ganga Hospital, Coimbatore, he  

witnesses daily, the acute loss of life and limbs caused by road accidents.   

He suggests that practical measures need to be taken in a time-bound and

W.P. (C) No. 295 of 2012                                                                                                 Page 2 of 33    

expeditious manner to give effect to legislations, reports and  

recommendations for ensuring that the loss of lives due to road accidents  

is minimized.  The petitioner estimates that 90% of the problem of deaths  

due to road accidents is the result of a lack of strict enforcement of safety  

rules on roads and strict punishment for those who do not obey rules.   

The petitioner has relied upon data published in December 2011 by the  

Ministry of Road Transport and Highways in its publication captioned   

„Road Accidents in India 2010‟ to indicate that the number of road  

accidents is increasing every year and that unfortunately more than half  

the victims are in the economically active age group of 25-65 years.  

3. Since the petitioner has no personal interest in the matter, the writ  

petition filed by him was taken up as a public interest litigation.  

4. Initially, the Ministry of Road Transport and Highways opposed  

the writ petition but as the litigation progressed, the matter was looked at  

in a non-adversarial manner and considered as one in public interest.  

5. In view of the non-adversarial stance of the Government of India,  

this Court passed an order on 22 nd

April, 2014 constituting a Committee  

on Road Safety under the Chairmanship of Justice K. S. Radhakrishnan, a  

former judge of this Court.   The Committee was notified by the Ministry  

of Road Transport and Highways (MoRTH) of the Government of India  

on 30 th  May, 2014 and orders finalizing the terms and conditions of

W.P. (C) No. 295 of 2012                                                                                                 Page 3 of 33    

appointment of the Chairperson and Members of the Committee were  

issued on 8 th   August, 2014.  

6. In compliance with the orders of this Court and notwithstanding  

bureaucratic delays and without having been provided adequate  

infrastructure and staff, the Committee commenced its work in earnest  

from 15 th /16

th  May, 2014.  The Committee has since submitted 12 reports  

to this Court but it is not necessary at present to deal with all these  

reports.   

7. On 10 th  April, 2015 we recognized the exemplary work being done  

by the Committee and expressed the view that its recommendations need  

to be seriously discussed and debated.  This was in the context of the fact  

that the number of deaths due to road accidents in the country was said to  

be over 100,000 in a year, which translates to about one death every three  

minutes and that the compensation awarded for deaths and other motor  

accident claims runs into hundreds of crores of rupees.  

8. However, it appeared to us that various State Governments were  

not responding positively to the recommendations made by the  

Committee and accordingly the Secretary of the MoRTH was directed to  

call a meeting of his counterparts from all the States and Union  

Territories on or before 31 st  May, 2015 to deliberate on the reports

W.P. (C) No. 295 of 2012                                                                                                 Page 4 of 33    

prepared by the Committee as well as its recommendations, their  

implementation and further measures that could be taken.  

9. We also noted that despite the lapse of a considerable period of  

time, the Government of India was unable to provide adequate facilities  

to the Committee even though a letter was sent by the learned Attorney  

General for India on 19 th  December, 2014 to the Revenue Secretary and  

the Urban Development Secretary of the Government of India.  We are  

mentioning this fact only to highlight the casualness with which the  

Government of India was taking the directions of this Court, in spite of  

the importance of the work being carried out by the Committee and its  

non-adverserial stance.  We may mention here that as of now, we have  

been informed that the Committee has been provided with all necessary  

facilities and support by the Government of India.  

10. In the hearing on 26 th

August, 2016 we noted that in 2014 the  

number of persons who had died in road accidents was 139,671 and that  

this figure had jumped up in 2015 to 146,133.    

11. Since we were informed by Mr. Gaurav Agrawal, Advocate who  

was requested to assist us as Amicus Curiae that the State Governments  

were still not cooperating with the Committee, we had no option but to  

again direct the Transport Secretaries of all States to attend a meeting to  

be convened by the Secretary of the MoRTH on 7 th

September, 2016.  We

W.P. (C) No. 295 of 2012                                                                                                 Page 5 of 33    

had to, perforce, set the agenda for the meeting, that is, implementation of  

the recommendations of the Committee, keeping in mind the very large  

number of deaths taking place.  

12. On 19 th

September, 2016 we noted that in the meeting chaired by  

the Secretary of the MoRTH convened on 2 nd

September, 2016 (instead  

of 7 th  September, 2016) only two or three Secretaries of the concerned  

Transport Ministries of the State Governments had participated and the  

rest of the State Governments were represented by junior officials and in  

some cases even the designation of these junior officials was not  

mentioned.   

13. During this hearing, we sought to impress upon all concerned that  

road safety issues should be taken seriously both by the Central  

Government as well as by the State Governments.  We also noted that  

huge amounts running into hundreds of crores of rupees had been  

earmarked for road safety and it was also highlighted that a very large  

number of deaths had been taking place due to road accidents.  We noted  

that the insurance companies had spent an amount of Rs. 11,480 crores by  

way of compensation for deaths, injuries, third party property damage and  

other damage due to road accidents during the financial year 2015-16.  

14. On 7 th

November, 2016 we again noted that there was one death  

almost every three minutes as a result of road accidents. Unfortunately,

W.P. (C) No. 295 of 2012                                                                                                 Page 6 of 33    

the legal heirs of half the victims were not compensated (perhaps being  

unaware of their entitlement).  We expressed our distress at this  

unfortunate situation and had to remind all concerned that we were not  

dealing with an adversarial issue but a public interest litigation for the  

benefit of the common man particularly for the victims of road accidents  

and their legal heirs.  

15. On 11 th  April, 2017 we were informed by the learned Amicus that  

the Government of India had woken up to the problems faced due to road  

accidents and had prepared a Bill for the amendment of the Motor  

Vehicles Act, 1988.  

16. Thereafter, the learned Amicus prepared a chart in three columns:  

First, relating to the issues that this Court had been dealing with in this  

public interest litigation; second the views expressed by the MoRTH on  

these issues, and third, the orders prayed for by the learned Amicus  

Curiae.  A perusal of the chart indicates that fortunately, the Government  

of India has now begun considering the issues raised in the right spirit  

and in a non-adversarial manner and has accepted almost all the  

suggestions.  Those that form a part of the Bill seeking to amend the  

Motor Vehicles Act, 1988 will be considered by Parliament.  The tabular  

statement is given below:   

W.P. (C) No. 295 of 2012                                                                                                 Page 7 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

i.  Road Safety Policy:  Every State  

Government shall  

implement State Road  

Safety Policy  

formulated as a result of  

the intervention of the  

Committee on Road  

Safety. The said Policy  

may be notified in the  

gazette and brought into  

existence w.e.f. 1 st   

September, 2017, if not  

already done so.  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion.   

All the States/UTs except  

Assam, Delhi, Nagaland,  

Tripura, Lakshadweep, Dadra  

Nagar Haveli and Andaman &  

Nicobar have already  

formulated their Road Safety  

Policy.    

The States / UTs which have  

not formulated the Road  

Safety Policy, have been  

requested to formulate the  

policy on priority basis.   

Order Proposed:  

The States / UTs  

which have not  

formulated the  

Road Safety  

Policy may be  

directed to  

formulate the  

policy on priority  

basis, latest by  

31 st  December  

2017. The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

ii.  State Road Safety  Council: All State  

Government (except  

Nagaland) have  

constituted State Road  

Safety Council as  

required under Section  

215 of the Motor  

Vehicles Act, 1988 and  

directed by the  

Committee. The said  

Council must undertake  

periodic meetings to  

review the actions and  

implementation of road  

safety laws and submit  

suitable reports to the  

competent legislature  

and the Committee on  

Road Safety.  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion. All States /  

UTs except Daman & Diu,  

Dadra Nagar Haveli and  

Andaman & Nicobar have  

already constituted State Road  

Safety Councils.   

Order proposed:  

All States / UTs  

except Daman &  

Diu, Dadra Nagar  

Haveli and  

Andaman &  

Nicobar have  

already  

constituted State  

Road Safety  

Councils. The  

others may be  

directed to  

constitute the  

same as per the  

recommendations  

of the Committee  

on Road Safety.   

The Statement  

made by the  

Government of  

India may kindly  

be taken on record  

and ordered.  

W.P. (C) No. 295 of 2012                                                                                                 Page 8 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

iii. Lead Agency: Each  

State Government may  

be directed to establish  

a Lead Agency as  

required by the  

Committee on Road  

Safety headed by a  

senior officer and with  

adequate staff to be  

solely dedicated to  

matters relating to  

licensing, issuing of  

driving licences, and  

registration of vehicles,  

road safety, and  

features of vehicles,  

pollution and other  

allied matters.  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion.   

Ministry held review meeting  

with the States to review the  

implementation of the  

directions of the Committee on  

Road Safety from 27 th

to  

30 th

June, 2017. The States /  

UTs were requested to  

establish Lead Agency and  

depute adequate, dedicated and  

professional / technical staff.   

Few States viz. Chhattisgarh,  

Daman & Diu, Haryana,  

Jharkhand, Jammu & Kashmir,  

Nagaland, Rajasthan, Tamil  

Nadu have already established  

the Lead Agency.   

Order proposed:   

The States / UTs  

that have not  

established Lead  

Agency, as  

defined and  

required by the  

Committee on  

Road Safety and  

depute adequate,  

dedicated and  

professional /  

technical staff  

may be directed to  

do so by 31 st   

December 2017 as  

per the standards  

set by the  

Committee on  

Road Safety. The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

iv Road Safety Fund:  Pursuant to  

recommendations of the  

Committee on Road  

Safety all the States  

have commenced or  

completed action to set  

up  a Road Safety Fund  

with assured flow of  

money as desired by the  

Committee. However,  

in such States where it  

has not come into place  

it must come into effect  

w.e.f. 1 st  September   

2017.  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion.  

Some of the States viz. Bihar,  

Chhattisgarh, Himachal  

Pradesh, Jharkhand, Kerala,  

Madhya Pradesh, Puducherry,  

Rajasthan, Uttar Pradesh have  

established dedicated fund as  

per directions of Committee on  

Road Safety.   

During the review meeting  

held by the Ministry, the  

remaining States / UTs have  

been requested to create the  

Road Safety Fund as per the  

directions of the Committee on  

Road Safety.   

Order Proposed:  

The States /UTs  

that have not  

constituted the  

Road Safety Fund  

may be directed to  

establish the same  

as soon as  

possible and not  

later than March,  

2018 and report to  

the Committee on  

Road Safety. The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

v Road Safety Action  

Plan: State  

Governments may be  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion.  

Order Proposed:   

The States / UTs  

may be directed to

W.P. (C) No. 295 of 2012                                                                                                 Page 9 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

directed to formulate  

and notify “Road Safety  

Action Plan” with an  

annual target for  

reducing road accident  

with effect from a date  

not later than 1 st   

September 2017.  

During the review meetings  

held by the Ministry, the States  

/ UTs have been requested to  

prepare the annual target based  

Action Plan to reduce accident  

& fatality rate in pursuance of  

directions of Committee on  

Road Safety.   

prepare the annual  

target based  

Action Plan to  

reduce accident &  

fatality rate in  

pursuance of  

directions of  

Committee on  

Road Safety and  

the report to the  

Committee.  

vi District Road Safety  

Committee: All State  

Governments may be  

directed to constitute  

District Road Safety  

Committee headed by  

the Collector of the  

District which will fix  

targets for reduction in  

accidents and fatality  

dependent upon  

peculiar facts of the  

District. As suggested  

in the written Note,  

District Road Safety  

Committee could  

include Superintendent  

of Police, Health  

Officers, PWD  

Engineers,  

representatives of  

NHAI and RTO of the  

District.  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion.  

Order proposed:  

State  

Governments may  

be directed to  

constitute District  

Road Safety  

Committee headed  

by the Collector of  

the District as  

soon as possible  

lay down  

responsibilities of  

said committees,  

including regular  

and periodic  

meeting and  

report to the  

Committee on  

Road Safety.  The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

vii Engineering  

Improvement: The  

Amicus Curiae submits  

that one of the main  

reasons for accidents is  

poor quality of roads,  

improper design,  

inadequate curve,  

inadequate depth and  

inadequate angle which  

need to be maintained  

at crucial junctions. At  

The Ministry is in agreement  

with the suggestion. However,  

the protocol has to be  

reviewed and updated from  

time to time based on the  

experience gained.   

Order proposed:    

Protocol for  

Identification and  

Rectification of  

Black Spots  

prepared by  

MoRTH at the  

instance of  

Committee on  

Road Safety may  

be directed to be  

implemented by

W.P. (C) No. 295 of 2012                                                                                                 Page 10 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

the instance of the  

Committee on Road  

Safety, the MoRTH has  

set up protocol for  

identification and  

rectification of black  

spots. The said protocol  

for rectifying black  

spots for better road  

safety is annexed  

herewith as Annexure  

„B‟ pages (28 to 29).  

This Hon‟ble Court  

may be pleased to direct  

that the same be  

enforced into  

immediate effect by the  

NHAI, the Ministry of  

Road Transport &  

Highways of  

Government of India    

as well as the PWD  

Departments of all State  

Governments as well  

their contractors. It is  

important that the same  

is also enforced in all  

expressways being  

constructed on PPP  

mode.  

all concerned  

including NHAI  

and State  

Governments in  

consultation with  

the Committee on  

Road Safety.  

It may be clarified  

that the said  

protocol would be  

reviewed and  

updated by  

MoRTH annually  

based on the  

experience gained.  

The statement  

made by the  

Government of  

India may kindly  

be taken on record  

and ordered.  

viii Traffic Calming  

Measures: This  

Hon‟ble Court may  

further direct the State  

Governments to adopt  

Traffic Calming  

Measures at accident  

prone areas, junctions  

of lower hierarchy  

roads and other  

vulnerable spots like  

schools, hospitals, etc.  

Ministry of Road Transport &  

Highways is in agreement with  

the suggestion.  

Order proposed:   This Hon‟ble  

Court may direct  

that the State  

Governments  

should adopt  

Traffic Calming  

Measures at  

accident prone  

areas, junctions of  

lower hierarchy  

roads with higher  

hierarchy roads   

and other  

vulnerable spots  

like schools,  

hospitals etc., and  

submit district

W.P. (C) No. 295 of 2012                                                                                                 Page 11 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

wise compliance  

reports to the  

Committee on  

Road Safety, as  

per the directions  

of the Committee  

on periodic basis.  

The statement  

made by the  

Government of  

India may kindly  

be taken on record  

and ordered.  

ix Roads Safety Audits:  This Hon‟ble Court  

may direct State  

Governments to carry  

out road safety audits  

during design,  

construction and  

operation of roads and  

also in respect of  

existing roads within a  

specified time frame.  

This audit must be  

carried out by auditors  

accredited by National  

Road Safety Audit  

Board. This National  

Road Safety Audit  

Board must consist of  

Senior Officers of the  

NHAI, MoRTH, of  

respective State  

Governments as well as  

Road Safety Experts  

who are trained Road  

Safety Auditors. It is  

respectfully submitted  

that if roads were  

properly constructed  

and maintained in this  

country, as is done in  

many overseas  

countries, road  

accidents would be  

much less.  

In-principle, the Ministry is in  

agreement with the suggestion.  

However, there is a deficiency  

of qualified auditors in road  

safety engineering in the  

country.  Efforts are being  

made by the Government to  

build capacity, by way of  

organizing workshops on road  

safety engineering, road safety  

audit certification courses etc.   

It would take some time to  

build up capacity in the field  

of road safety audit. Therefore,  

States may be permitted to set  

their own targets for  

completing the road safety  

audits, as per the guidelines  

issued by the Ministry from  

time to time.  

With regard to the  

recommendation of  

accreditation by National Road  

Safety Audit Board, it is stated  

that a proposal to create a  

National Road Safety Board  

has been incorporated in the  

Motor Vehicle (Amendment)  

Bill, 2017. The bill has been  

passed by Lok Sabha. The  

proposed Board will deal with  

all aspects of the road safety.  

Order proposed:   

This Hon‟ble  

Court  may be  

pleased to direct  

the Central  

Government to:  

(i) Conduct  audit of 2 most  

accident prone  

stretches of  

highways/express

ways in each State   

as a pilot  

programme, and  

present strategies  

for reducing the  

accidents;  

(ii) build  capacity and train  

at least 150 more  

auditors within the  

period of next one  

year;  

The State  

Governments/UTs  

may be directed to  

train at least 25  

such auditors  

within the period  

of next one year,  

and thereafter  

conduct audits.   

The statement  

made by the  

Government of

W.P. (C) No. 295 of 2012                                                                                                 Page 12 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

India may kindly  

be taken on record  

and ordered.  

x Engineering Design of  

New Roads: It may be  

directed by this Hon‟ble  

Court that no new  

road/project costing  

more than Rs. 10  

Crores should be  

undertaken unless the  

design is audited and  

the audit  

recommendation are  

implemented to the  

satisfaction of the  

aforementioned  

National Road Safety  

Audit Board.  

The road projects costing Rs.  

10.00 crore or more may be of  

different types like re-

surfacing of the road,  

reconstruction of bridges /  

culverts, construction of  

retaining walls for protection  

of roads etc. Such projects do  

not require the road safety  

audit.  Therefore, specifying  

only cost criteria for carrying  

out road safety audits is not  

appropriate.   

It is proposed that the road  

safety audit including the  

design stage audit should be  

carried out for all road  

capacity augmentation projects  

of 5 km or more.  

Order proposed:  

It is prayed that  

this Hon‟ble Court  

may be pleased to  

direct the road  

safety audit  

including the  

design stage audit  

should be carried  

out for all road  

capacity  

augmentation  

projects of 5 km  

or more.   

xi Working Group on  

Engineering: it is  

prayed that this Hon‟ble  

Court may pass an  

order directing that  

recommendations of the  

Working Group on  

Engineering as directed  

by this Hon‟ble Court  

(marked as Annexure  

“C” pages (30 to 38))  

be implemented  

forthwith as directed by  

the Hon‟ble Court.  

The report of the Working  

Group on Engineering (Roads)  

contains a detailed background  

discussion. The  

recommendations and  

suggested policies are  

contained in Para 4 of the  

Working Group Report. Many  

of these recommendations are  

in the nature of general  

comments.   

In view of the above,  

appropriate recommendations  

based on Working Group  

Report which can be passed by  

Hon‟ble Supreme Court as  

directions are brought out as  

below:  

- Highways and urban  road design standards and  

guidelines will be made  

consistent with the safety  

requirements and in tune with  

the international best practices  

on a continuous basis at  

regular intervals.  

Order proposed:  

This Hon‟ble  

Court may issue  

the following  

directions as set  

out as below:  

1. Highways and  

urban road design  

standards and  

guidelines will be  

made consistent  

with the safety  

requirements and  

in tune with the  

international best  

practices on a  

continuous basis  

at regular  

intervals.  

2. Conduct Road  

safety audits at  

different stages of  

construction and  

operation.  

3. All road  

improvement

W.P. (C) No. 295 of 2012                                                                                                 Page 13 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

- Road safety audits at  different stages should be  

carried out depending on the  

size / type of the project for all  

the road development projects.    

- All road improvement  projects including resurfacing  

works should have provision  

of signs & markings as per the  

requirements.  

- Adequate traffic  calming measures should be  

taken, wherever necessary, to  

enhance safety of vulnerable  

road users.  

- Existing stretches of  National Highways & State  

Highways not covered in  

development projects on  

modes like BOT/EPC should  

be subjected to Road Safety  

Audits in phased manner  

through a time bound  

programme.  

- Recommendations of  Road Safety Audits should be  

implemented, preferably  

within 2 years of submission  

of audit reports.  

- Standard Road accident  recording & reporting formats  

should be evolved considering  

all aspects of feasibility and  

manpower resources and be  

published as standard  

documents for adoption by all  

authorities at Central and State  

levels.  

- Specialized accident  investigation centres shall be  

established to study a few  

selected accidents using  

accident reconstruction  

techniques etc., and the details  

to be preserved in a data base.  

- Institutionalized  system of database storage and  

management should be  

projects including  

resurfacing works  

should have  

provision of signs  

& markings as per  

the requirements.  

4. Adequate traffic  

calming measures  

should be taken,  

wherever  

necessary, to  

enhance safety of  

vulnerable road  

users.  

5.  

Recommendations  

of Road Safety  

Audits should be  

implemented,  

before further  

work is  

undertaken on the  

road concerned.  

6. Standard Road  

accident recording  

& reporting  

formats should be  

evolved  

considering all  

aspects of  

feasibility and  

manpower  

resources and be  

published as  

standard  

documents for  

adoption by all  

authorities at  

Central and State  

levels.  

7. Specialized  

accident  

investigation  

centres shall be  

established to  

study a few  

selected accidents  

using accident

W.P. (C) No. 295 of 2012                                                                                                 Page 14 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

developed for road accident  

data. A suitable web based  

electronic road accident data  

collection/compilation system  

shall be developed for  

countrywide implementation.  

- Centre of excellence  for road safety Research &  

Accident analyses should be  

developed in academic  

institutions across the country.  

- Establishing synergy  between various stake holders  

(road authorities, academia,  

enforcement authorities, health  

authorities etc) in road safety  

at central/ state levels is being  

strived through National Road  

Safety Council and State Road  

Safety Councils. These should  

be strengthened and made  

robust to deliver the intended  

results.  

- Centre is extending  support to Road Safety  

Engineering improvements on  

state roads through specific  

schemes to act as benchmarks  

and models for further efforts  

by states. 10% of Central Road  

Fund (CRF) allocations have  

been earmarked for Road  

Safety Engineering works on  

state roads through Central  

Road Fund (State Roads)  

Amendment Rules, 2016.  

Detailed guidelines have also  

been issued in this regard.   

reconstruction  

techniques etc.,  

and the details to  

be preserved in a  

data base.  

8. Institutionalized  

system of  

database storage  

and management  

should be  

developed for  

road accident data.  

A suitable web  

based electronic  

road accident data  

collection/  

compilation  

system shall be  

developed for  

countrywide  

implementation.  

9. Centre of  

excellence for  

road safety  

Research &  

Accident analyses  

should be  

developed in  

Academic  

institutions across  

the country.  

Till such time as  

the NRSB  

becomes  

operational, the  

above steps may  

be taken by the  

Government in  

consultation with  

the Committee on  

Road Safety.  

xii Drivers‟ Training:  

This Hon‟ble Court  

may be pleased to issue  

a direction that licenses  

of all drivers would be  

In the Motor Vehicle  

(Amendment) Bill, 2017, it is  

proposed that the transport  

driving license is to be  

renewed at an interval of five  

Order proposed:   The Government  

of India and the  

State  

Governments may

W.P. (C) No. 295 of 2012                                                                                                 Page 15 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

renewed after every  

five years and would be  

subject to their  

qualifying the stringent  

criteria including  

technical efficiency,  

quality of driving,  

control over a vehicle  

and other relevant  

factors. It is necessary  

that any person who  

drives the vehicle must  

be in complete control  

of the vehicle to be able  

to minimize the risk of  

an accident.   

It is submitted that only  

accredited         driving  

schools should be  

authorized to impart  

training to the learners  

and recommend the  

grant of permanent  

licenses. Such  

institutions must have  

driving teachers (a)  

with not less than 10  

years‟ experience; (b)  

who have experience in  

driving all kinds of  

vehicles; (c) who have  

the the requisite  

learning vehicle; (d)  

who have adequate  

facilities and take  

suitable number of tests  

before the final license  

by a public authority  

should only be upon  

recommendation of  

such an accredited  

licensing institution.  

Computerized driving  

tests should be resorted  

for checking driving  

skills.  

years.  

It has been proposed in the  

Motor Vehicle (Amendment)  

Bill, 2017 that the Central  

Government may make rules  

for such schools or  

establishments. The efforts  

shall be made to improve the  

quality of driving training by  

prescribing detailed  

curriculum as well as the  

infrastructure and trainer  

requirements by the Driving  

Training Schools.  

be directed to take  

such steps as  

recommended by  

the Committee on  

Road Safety in a  

time bound  

manner to ensure  

improvement in  

the quality of  

driver training and  

licensing  

(including  

emphasis on lane  

driving) as well as  

in the  

infrastructure and  

the trainer  

requirements.  

xiii Lane Driving: This  

Court may issue a  

Ministry of Road Transport &  

Highways has already notified  

Order proposed:  

The State

W.P. (C) No. 295 of 2012                                                                                                 Page 16 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

direction that all the  

State Government  

would issue a  

mandatory circular that  

lane driving will be  

strictly insisted upon in  

all parts of this country.  

Further, overtaking  

shall be only according  

to the protocols which  

are devised for the said  

purpose and  

contravention may even  

result in forfeiture of  

his or her license.  

Motor Vehicles (Driving)  

Regulations 2017 vide G.S.R.  

634 (E) dated 23 rd

June 2017  

which mandates the lane  

driving and also provides for  

the protocol for overtaking.  

Governments/  

UTs may be  

directed to strictly  

implement Motor  

Vehicles (Driving)  

Regulations 2017  

notified vide  

G.S.R. 634 (E)  

dated 23 rd

June  

2017 which  

mandates the lane  

driving and also  

provides for the  

protocol for  

overtaking.    

xiv Road Safety  

Equipment: All the  

State Governments will  

take steps to acquire  

and use cameras and  

other surveillance  

equipment according to  

the norms suggested by  

the Ministry of Home  

Affairs to check and  

detect traffic violators.  

Further, this Hon‟ble  

Court may direct that  

special patrol forces  

along the National  

Highways,  

Expressways and the  

State Highways be  

established. The States  

may also be directed to  

take the following  

actions to the  

satisfaction of the  

Committee on Road  

Safety:  

(A) Formulate and  enforce a policy for the  

removal of all hoardings  

and objects which  

obstruct driving or  

distract drivers.  

(B) Formulate and  enforce a policy for  

Bureau of Police Research &  

Development (BPR&D) had  

prepared a report in  

consultation with States/UTs  

on the norms for the number of  

Traffic Police and also for the  

Equipment for identifying  

violations of traffic laws with  

reference to vehicle population  

of that City/State and  

submitted the same to the  

Committee on Road Safety in  

the month of September, 2015.   

Further, Committee on Road  

Safety has forwarded the  

report to all States/UTs on 30 th

November, 2015 (copy  

attached in Annexure-II)  

Order Proposed:  

All the State  

Governments/UTs  

may be directed to  

take steps to  

acquire and use  

cameras and other  

surveillance  

equipment  

according to the  

norms suggested  

by the Ministry of  

Home Affairs in a  

phased manner to  

check and detect  

traffic violators;  

and may further  

be directed to set  

up special patrol  

forces along the  

National  

Highways,  

Expressways and  

the State  

Highways.  This  

may be done in  

consultation with  

and to the  

satisfaction of the  

Committee on  

Road Safety.  

W.P. (C) No. 295 of 2012                                                                                                 Page 17 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

detection and removal  

of encroachment on all  

pedestrian path which  

will cause any  

hindrance to pedestrians  

and vehicles.  

(C) Issue a direction  that all driving licenses  

will be suspended for a  

period of at least one  

year under Section 19  

of the Motor Vehicles  

Act and Rule 21 of the  

CMV for over speeding,  

red-light jumping, use  

of cellular phone while  

driving, over loading,  

and using goods  

carriage for ferrying  

passengers.  

xv Alcohol and Road  

Safety: As per the order  

dated 15 th

December  

2016, by a judicial  

order passed in (State  

of Tamil Nadu v. K.  

Balu, (2017) 2 SCC  

281) this Hon‟ble court  

prohibited the grant of  

licences for the sale of  

liquor along national  

and state highways and  

over a distance of 500  

metres from the outer  

edge of the highway  

throughout the territory  

of India. This Hon‟ble  

Court may further  

direct the State  

Governments to ensure  

that the said prohibition  

imposed by this  

Hon‟ble Court be  

effectively  

implemented. Further,  

those found driving  

under the influence of  

alcohol should be  

Ministry has written to the  

States vide letter dated 6 th

April, 2017, for compliance of  

the orders of the Hon‟ble  

Supreme Court. Ministry of  

Home Affairs had issued an  

advisory on road safety and  

accidents to all the States/UTs  

on 17 th

December, 2015,  

advising for strict enforcement  

of provisions of IPC and MV  

Act to prosecute and punish  

persons causing injury or death  

in offences related to road  

safety (detail attached in  

Annexure-III).   

Order proposed:   

No further orders  

are required at this  

stage. The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.

W.P. (C) No. 295 of 2012                                                                                                 Page 18 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

prosecuted under the  

Motor Vehicles Act,  

1988 as well as under  

the Indian Penal Code,  

1860 within a time  

period fixed by this  

Hon‟ble Court.  

xvi Road Safety  

Education: Pursuant to  

recommendations of the  

Committee on Road  

Safety, Road Safety  

Education has already  

been included by CBSE  

in school curriculums.  

This Hon‟ble Court  

may further direct the  

State Governments to  

ensure that Road Safety  

Education and  

Counselling is also  

incorporated into the  

curriculum of the State  

Boards.  

The Ministry of Road  

Transport & Highways is in  

agreement with the suggestion.  

Order  

proposed:This  

Hon‟ble Court  

may further direct  

the State  

Governments/UTs  

to ensure that  

Road Safety  

Education and  

Counselling is  

also incorporated  

into the  

curriculum laid  

down by  the State  

Boards by 1 st   

April, 2018.The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

xvii Speed Governors: It is  

prayed that State  

Governments be  

directed to take steps to  

ensure that approved  

speed Governors are  

fitted in the existing  

transport vehicles and  

given Unique  

Identification Number.  

These numbers should  

be uploaded in the  

VAHAN Database  

along with the details of  

the vehicle. The  

instructions issued by  

Committee on Road  

Safety in this regard  

may kindly be directed  

Ministry of Road Transport &  

Highways has already issued  

guidelines for fitment of  

approved Speed Limited  

Device (speed governors) on  

transport vehicles. The  

suggestion to upload the  

Unique Identification Number  

of the Speed Governor in the  

VAHAN database is  

acceptable.  

Order proposed:  

State  

Governments be  

directed to take  

steps to ensure  

that approved  

speed Governors  

are fitted in the  

existing transport  

vehicles and given  

Unique  

Identification  

Number. These  

numbers should  

be uploaded in the  

VAHAN Database  

along with the  

details of the  

vehicle. The

W.P. (C) No. 295 of 2012                                                                                                 Page 19 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

to be strictly followed. instructions issued  

by Committee on  

Road Safety in  

this regard may  

kindly be directed  

to be strictly  

followed.  

xviii Emergency Medical  

Care: As far as  

emergency care is  

concerned, this Hon‟ble  

Court may direct that  

the State Government  

shall establish for every  

District at least one  

Trauma Care Centre  

with all modern  

medical facilities, and  

ambulances equipped  

with first-aid facility  

manned by trained  

para-medical staff  

should also be made  

available.  

In respect of the Trauma Care  

Programme being  

implemented by Ministry of  

Health & Family Welfare, a  

total number of 116 Trauma  

Care Facilities (TCFs) were  

identified and approved during  

the 11 th

Five Year Plan (FYP)  

and 81 TCFs were identified  

during the 12 th

FYP.  It may  

further be mentioned that with  

regard to trained para-medical  

staff for ambulances, the  

Programme Division, the  

Director General of Health  

Services has developed the  

Pre-hospital Trauma  

Technician Course curriculum,  

and the training is being  

undertaken in the three Central  

Government Hospitals of  

Delhi, namely Safdarjung  

Hospital, LHMC and Dr. RML  

Hospital since 2007.    

Order proposed:  

This Hon‟ble  

Court may direct  

that the State  

Government shall  

establish for every  

District at least  

one Trauma Care  

Centre with all  

modern medical  

facilities, and  

ambulances  

equipped with  

first-aid facility  

manned by trained  

para-medical staff  

should also be  

made available.  

Further, District  

Magistrates of  

every district may  

be directed to  

ensure that  

sufficient  

publicity is given  

in respect of  

existing facilities.   

xix Universal Accident  

Helpline Number:  This Hon‟ble Court  

may be pleased to order  

that there shall be one  

Universal Accident  

Helpline Number which  

should be established  

by the Department of  

Telecommunication  

throughout the country.  

Further, a universal  

code for ambulances  

should be notified by  

The National Health Mission  

already provides for a call  

centre number (108), which is  

being extensively used in the  

States for medical emergencies  

including accidents. The  

ambulance services are also  

operational in most of the  

states through this call centre  

number (108).  

Order Proposed:   

The State  

Governments/UTs  

may be directed to  

strengthen the  

accident helpline  

number by  

providing  

adequate facilities.  

The State  

Governments that  

have not made  

ambulance  

services

W.P. (C) No. 295 of 2012                                                                                                 Page 20 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

the MoRTH. operational may  

be directed to do  

so by 31 st  March  

2018, and to  

further develop a  

code/method to  

utilize services of  

all ambulances in  

the area.  

xx Permanent Road  

Safety Cell:  This  

Hon‟ble Court may  

direct that National  

Highways Authority of  

India must have a  

permanent Road Safety  

Cell consisting of  

suitable engineers and  

qualified personnel and  

which shall be  

established on or before  

30 th

September, 2017.  

The Ministry of Road  

Transport & Highways is in  

agreement with the suggestion.   

Ministry of Road Transport &  

Highways as well National  

Highways Authority of India  

have established road safety  

engineering cells.  All the  

States/UTs have also been  

requested to establish Road  

Safety Engineering Cell in  

their National Highways  

Directorates by Ministry of  

Road Transport & Highways.  

Order Proposed:    

The cells have  

been set up and no  

further orders are  

required at  

present. The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

xxi Data Collection: This  

Hon‟ble Court may  

direct that a  

computerized format be  

prepared by the  

MoRTH for collecting  

road accident data  

throughout the country  

and data so collected  

should be made public  

so that even members  

of the public could  

pursue remedial actions  

or research.  

Ministry of Road Transport &  

Highways has already evolved  

a new format for recording  

accident data & report. The  

format is enabled for  

computerized data entry. State  

Government / UTs have been  

asked to take further action to  

collect and report the data in  

new format. The Ministry has  

been making the data public  

for information of all the  

stakeholders.  

Order proposed:  

No further orders  

are required at this  

stage. However, it  

may be directed  

that the said  

format evolved by  

the Ministry be  

strictly followed.  

The statement  

made by the  

Government of  

India may kindly  

be taken on record  

and ordered.  

xxii GPS: It is submitted  

that it has been found  

that use of GPS and  

GIS mapping  

encourages safety both  

for drivers and  

passengers.  Therefore,  

it is prayed that a  

direction be issued to  

all car manufactures  

Ministry of Road Transport &  

Highways has already notified  

vide G.S.R. No. 1095 (E)  

dated 28 th

November 2016  

mandating the fitment of  

vehicle location tracking  

device and emergency button  

in all public service vehicles  

except two wheelers, e-

rickshaw, three wheelers and  

Order proposed:  

This Hon‟ble  

Court may direct  

that all public  

service vehicles  

shall be fitted with  

location tracking  

device as  

mentioned by GoI  

and the said

W.P. (C) No. 295 of 2012                                                                                                 Page 21 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

that with effect from 1 st   

January 2018 they  

would ensure that all  

vehicles are installed  

with GPS and GIS.  

any transport vehicles for  

which no permit is required  

under the Motor Vehicles Act,  

1988. Fitment of GPS devices  

on other vehicles would be  

considered in due course since  

this would put additional cost  

burden on the vehicle owners  

in terms of cost of the GPS  

equipment.   

notification be  

strictly  

implemented. The  

statement made by  

the Government  

of India may  

kindly be taken on  

record and  

ordered.  

xxiii Bus/Truck-Body  

Building Code: This  

Hon‟ble Court may  

direct that MoRTH may  

take suitable steps to  

notify Bus/Truck-Body  

Building Code so that  

henceforth buses and  

trucks built on different  

chassis are not found  

wanting in security and  

safety features.  

Bus Body Code: Ministry of  

Road Transport & Highways  

has already notified the bus  

body code vide G.S.R. No.  

287 (E) dated 22 nd  

April 2014.  

Truck Body Code: Ministry  

of Road Transport &  

Highways has already notified  

the truck body code vide  

G.S.R. No. 1034 (E) dated 2 nd  

November 2016 for vehicles  

registered on or after 1 st   

October 2018.    

Order proposed:  

No further orders  

are required at this  

stage.  

The statement  

made by the  

Government of  

India may kindly  

be taken on record  

and ordered.  

xxiv ABS, Air Bags and  

Headlights:  It is  

prayed that a direction  

be issued that in every  

model of car sold in  

India there shall be  

Anti-Lock Braking  

System and air bags.  

Further a direction be  

issued that all two-

wheeler manufacturer  

will take recourse to  

“Automatic Headlights  

On” systems. It is  

prayed that a direction  

be issued that the State  

Government must not  

allow vehicles with  

impermissible  

headlights to ply.   

ABS: Ministry of Road  

Transport & Highways has  

notified for the fitment of ABS  

in motor cycles vide G.S.R.  

No. 310 (E) dated 16 th

March  

2016 and for four wheelers  

vide G.S.R. No. 120 (E) dated  

10 th

February 2017 for new  

models on or after 1 st  April  

2018 and for existing models  

on or after 1 st  April 2019.   

Air Bags: Ministry of Road  

Transport & Highways  

finalized a standard AIS-145,  

which is being notified. This  

standard would mandate  

fitment of Air Bags on all the  

LMV passenger vehicles.  

Automated Headlights On:  

Ministry of Road Transport &  

Highways has notified vide  

G.S.R. No. 188 (E) dated  

22.02.2016  for fitment of  

„Automated Headlights On‟  

(AHO) in two wheelers  

Orders  

proposed:  No  

further orders are  

required.  

W.P. (C) No. 295 of 2012                                                                                                 Page 22 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

manufactured on or after 1 st   

April 2017.  

xxv Crash Test: It is  

respectfully submitted  

that in view of the  

doubtful crash test of all  

the LMVs, crash test in  

proper conditions must  

be undertaken in  

respect of LMVs by  

laboratories that are  

accredited. It is  

submitted that this  

Hon‟ble Court may  

further direct that all  

vehicle testing agencies  

in India should be  

internationally  

accredited / recognized  

to ensure that crash  

tests are genuinely and  

sincerely undertaken  

having utmost regard to  

the value of human life.  

This may be done by 1 st   

April 2018.  

The crash tests for all the Light  

Motor Vehicles (LMVs) have  

been notified by the Ministry  

for implementation. The tests  

are to be conducted only by  

the testing agencies notified  

under Rule 126 of the Central  

Motor Vehicle Rules, 1989.  

The agencies are required to  

have their testing facilities  

accredited by National  

Accreditation Board for  

Testing and Calibration  

Laboratories (NABL).  The  

Ministry has issued S.O. 1139  

(E) dated 28.04.2015 and S.O.  

2412 (E) dated 03.09.2015  

amending the Central Motor  

Vehicles Rules, 1989  

(CMVRs) notifying the  

following crash standards: -  

Standards Date of  commencement/  

validity  

Requirement  

for behaviour  

of steering  

mechanism  

of a vehicle  

in a Head-on  

Collision as  

per AIS  

096/2008  

New           

Models-   

1.10.2017  

All              

Models-  

01.10.2019  

Protection of  

occupants in  

the event of  

an offset  

Frontal  

Collision as  

per AIS  

098/2008  

New Models-  

1.10.2017  

All Models-  

01.10.2019  

Approval of  

vehicles with  

regard to the  

Protection of  

New Models-  

1.10.2018  

All Models-  

01.10.2019  

Order proposed:  No further orders  

are necessary at  

this stage.  

The statement  

made by the  

Government of  

India may kindly  

be taken on record  

and ordered.

W.P. (C) No. 295 of 2012                                                                                                 Page 23 of 33    

S.  

No.  

Issue contained in  

note of Amicus Curiae   

Views by Ministry of Road  

Transport & Highways  

Orders prayed  

by the AC  

Occupants in  

the event of a  

Lateral  

Collision as  

per AIS  

099/2008  

Approval of  

Vehicles  

with regard  

to the  

Protection of  

Pedestrian  

and other  

Vulnerable  

Road Users  

in the event  

of a Collision  

with a Motor  

Vehicle as  

per AIS  

100/2010  

New Models-  

1.10.2018  

All Models-  

01.10.2020  

17. We have heard learned Amicus Curiae as well as learned  

Additional Solicitor General.  They have taken us through all the  

suggestions made and the response of the MoRTH to these suggestions.   

In view of the submissions, and keeping in mind issues of road safety and  

the interest of those who may be unfortunate victims of road accidents,  

we issue the following directions:  

1. Road Safety Policy:  Most of the State Governments and Union  

Territories have already framed a Road Safety Policy.  Those that  

have not framed such a policy namely Assam, Nagaland, Tripura,  

Delhi, Lakshadweep, Dadra and Nagar Haveli and Andaman and

W.P. (C) No. 295 of 2012                                                                                                 Page 24 of 33    

Nicobar Islands, must now formulate the Road Safety Policy by  

31 st  January, 2018.  All States and Union Territories are expected  

to implement the Road Safety Policy with all due earnestness and  

seriousness.  

2. State Road Safety Council:  All States have already constituted a  

Road Safety Council in terms of Section 215 of the Motor Vehicles  

Act, 1988.   The Union Territories of Daman and Diu, Dadra and  

Nagar Haveli and Andaman and Nicobar Islands have not  

constituted the Road Safety Council as yet.  We direct these Union  

Territories to constitute the State Road Safety Council on or before  

31 st  January, 2018.  The responsibility and functions of the Council  

will be as recommended by the Committee on Road Safety.  The  

State Road Safety Councils should periodically review the laws  

and take appropriate remedial steps wherever necessary.  

3. Lead Agency: Only a few States have established the Lead  

Agency as recommended by the Committee on Road Safety in its  

communication of 23 rd

December, 2014.  The States and Union  

Territories that have not done so should establish the Lead Agency  

on or before 31 st  January, 2018 in terms of the recommendations  

made by the Committee on Road Safety.  It may be mentioned that  

the Lead Agency will act as the Secretariat of the State Road  

Safety Council and coordinate all activities such as licensing issues

W.P. (C) No. 295 of 2012                                                                                                 Page 25 of 33    

including issues of driving licences, registration of vehicles, road  

safety and features of vehicles, along with other allied matters  

including emission norms and other activities as mentioned in the  

communication dated 23 rd

December, 2014.  

4. Road Safety Fund: Some of the States have already established a  

Road Safety Fund.  Those States and Union Territories that have  

not yet established the Road Safety Fund should do so not later  

than 31 st  March, 2018 and report back to the Committee on Road  

Safety.  The corpus of the Road Safety Fund will be from the fines  

collected for traffic violations and the Fund will be utilized for  

meeting expenses relating to road safety.  

5. Road Safety Action Plan: The purpose of a Road Safety Action  

Plan is to reduce the number of road accidents, as well as the  

fatality rate.  The MoRTH has already requested all the States and  

Union Territories to prepare a Road Safety Action Plan but it  

appears that the response to this has been somewhat lukewarm.   

The State Governments and Union Territories are therefore  

directed to urgently prepare a Road Safety Action Plan by 31 st   

March, 2018 and put it into action after giving it due publicity.  

6. District Road Safety Committee:  A District Road Safety  

Committee is required to be set up by the State Government for  

every district in terms of Section 215(3) of the Motor Vehicles Act,

W.P. (C) No. 295 of 2012                                                                                                 Page 26 of 33    

1988.  As suggested by the learned Amicus and agreed to by the  

MoRTH, the District Road Safety Committee should be put in  

place by 31 st  January, 2018 and should be headed by the Collector  

of the District and should include amongst others the  

Superintendent of Police, Health Officers, Engineers of the Public  

Works Department, representatives of the National Highways  

Authority of India, the Road Transport Officer of the District and  

members of civil society from the District.  The District Road  

Safety Committee must hold regular and periodic meetings to  

review road safety issues and take corrective measures.  

7. Engineering Improvement: It appears that one of the main  

reasons for road accidents is the poor quality of roads, improper  

design, etc.  The MoRTH is of the opinion that the protocol for  

road design and identification of black spots needs to be reviewed  

and enforced.  Accordingly, it is directed that the MoRTH should  

publish a protocol for identification and rectification of black spots  

and take necessary steps for improving the design of roads to make  

them safe.  

8. Traffic Calming Measures:  It is suggested by the learned Amicus  

that traffic calming measures must be adopted at accident prone  

areas.  This is agreed to by the MoRTH.  However, such measures  

will need to be studied and then put in place.  This is an on-going

W.P. (C) No. 295 of 2012                                                                                                 Page 27 of 33    

exercise which must be carried out by the Road Safety Committee  

with the assistance of the MoRTH and other stakeholders.  

9. Road Safety Audits: There is agreement, in principle, between the  

learned Amicus and the MoRTH to carry out Road Safety Audits.   

However, there appears to be a dearth of qualified auditors in Road  

Safety Engineering.  The MoRTH supports the idea of capacity  

building.  It is, therefore, directed that necessary steps be taken by  

the Committee on Road Safety as well as by the MoRTH to work  

in this direction since there can be little doubt that an audit of road  

safety is essential to reduce the possibility of road accidents  

through corrective measures.  

10.  Engineering Design of New Roads: The MoRTH is of the view,  

and the learned Amicus is also in agreement, that the Road Safety  

Audit as mentioned above should include the design stage audit of  

new road projects of 5 kms or more, rather than being based on the  

cost of the project.  It is ordered accordingly.  

11.  Working Group on Engineering:  The Working Group on  

Engineering (Roads) has already submitted a Report which is  

available with the Road Safety Committee as well as the MoRTH.   

This Working Group was constituted pursuant to the decision taken  

in the meeting of the 12 th  National Road Safety Council held on  

25 th  March, 2011.  The recommendations of the Working Group

W.P. (C) No. 295 of 2012                                                                                                 Page 28 of 33    

should be implemented in the terms prayed for by the learned  

Amicus as well as those accepted by the MoRTH.   These will, of  

course, be in the nature of interim directions since the National  

Road Safety Board is likely to be created as proposed in the Motor  

Vehicles (Amendment) Bill, 2017.  

12.  Drivers‟ Training: This is the subject matter of the Motor  

Vehicles (Amendment) Bill, 2017 and no orders are required to be  

passed in this regard.  

13.  Lane Driving: The MoRTH has already issued Motor Vehicles  

(Driving) Regulations, 2017 vide G.S.R. 634 (E) dated 23 rd

June,  

2017.     

The Notification should be implemented by the State  

Governments and Union Territories strictly.    

14.  Road Safety Equipment: The Bureau of Police Research and  

Training has already prepared a Report on the subject and has  

submitted it to the Road Safety Committee in September, 2015.   

The recommendations in the Report should be implemented  

including acquisition of cameras and surveillance equipments in  

detecting traffic and identifying violators.  It is also necessary to  

set up special patrol forces along the National Highways and State  

Highways for which necessary steps must be taken by the State  

Governments and Union Territories.

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15.  Alcohol and Road Safety: The MoRTH has already written to the  

States to comply with orders of this Court in this regard.  The  

MoRTH may issue further advisories in this regard on a quarterly  

basis during the calendar year 2018 so as to serve as a reminder to  

the State Governments and Union Territories to implement the  

directions of this Court.  

16.   Road Safety Education:  The learned Amicus as well as MoRTH  

are in agreement that road safety education and counselling should  

be incorporated in the curriculum by the State Boards by 1 st  April,  

2018.  It is directed that the State Governments may seriously  

consider this recommendation and include Road Safety Education  

and Counseling as a part of the school curriculum at the earliest.  

17.  Speed Governors: Guidelines in this regard have already been  

issued by the MoRTH.  The MoRTH has agreed to upload the  

Unique Identification Number of the speed governors in the  

VAHAN database.  This should be followed up by the MoRTH  

with expedition.  

18.  Emergency Medical Care: There is agreement that at least one  

Trauma Care Centre should be set up in every district with  

necessary facilities and an ambulance.  The State Governments and  

Union Territories should take up this recommendation at the  

earliest since it is on record that treatment soon after a road

W.P. (C) No. 295 of 2012                                                                                                 Page 30 of 33    

accident is crucial for saving the life of the victim.  In this context,  

it may also be mentioned that this Court has issued certain  

directions in Pt. Parmanand Katara v. Union of India 1  which  

should be followed.  

19.  Universal Accident Helpline Number: The MoRTH has stated  

that there is already a call centre number, that is, 108 provided by  

the National Health Mission.  Due publicity must be given to this  

so that an ambulance can be activated at the earliest whenever  

necessary.  

20.  Permanent Road Safety Cell: All State Governments and Union  

Territories have already been requested by the MoRTH to set up  

Road Safety Cells.  The State Governments and Union Territories  

should establish Permanent Road Safety Cells by 31 st  January,  

2018.  

21.  Data Collection: The MoRTH has already taken steps for  

recording accident data and reports through computerised data  

entry.  The State and Union Territories have been asked to take  

further action in this regard and make the data public for the  

information of all stakeholders.   This needs to be followed up and  

no further orders are necessary in this regard.    

                                                           1  (1989) 4 SCC 286

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22.  GPS : The MoRTH has already notified vide G.S.R. No. 1095 (E)  

dated 28 th  November, 2016 mandating the fitment of vehicle  

location tracking devices in all public service vehicles subject to  

some exceptions.  Since this has cost implications, the MoRTH  

may assist the State Governments and Union Territories to ensure  

that to the maximum extent possible and within the shortest time  

frame, location tracking devices must be fitted in all public service  

vehicles as notified.  

23.  Bus/Truck–Body Building Code: This has already been notified  

by the MoRTH with regard to buses vide G.S.R. No. 287 (E) dated  

27 th  April, 2014 and with regard to trucks vide G.S.R. No. 1034(E)  

dated 2 nd

November, 2016.  No further orders are necessary in this  

regard.  

24.  ABS, Air Bags and Headlights: The MoRTH has already notified  

for fitment of ABS in motor cycles vide G.S.R. No. 310(E) dated  

16 th  March, 2016 and for four wheelers vide G.S.R. No. 120(E)  

dated 10 th  February, 2017.  As far as air bags are concerned a  

standard AIS-145 has already been notified.  As regards automated  

headlights, the MoRTH has notified vide G.S.R. No. 188(E) dated  

22 nd

February, 2016 for fitment of “Automated Headlights On” in  

two wheelers manufactured on or after 1 st  April, 2017.  No further

W.P. (C) No. 295 of 2012                                                                                                 Page 32 of 33    

orders are required in this regard except the faithful  

implementation of the various notifications issued by the MoRTH.   

25.  Crash Test: This too has been notified by the MoRTH and the test  

for all light motor vehicles is required to be conducted by the  

testing agency notified under Rule 126 of the Central Motor  

Vehicles Rules, 1989.  No further orders are required in this regard  

except the faithful implementation of the notifications and crash  

standards issued by the MoRTH.     

18.  We make it clear that the directions given above are those that have  

been agreed upon by the parties before us and are in addition to and  

supplement the directions already given in S.Rajaseekaran v. Union of  

India. 2   We commend the efforts put in by the learned Amicus Curiae and  

the Justice K.S. Radhakrishnan Committee on Road Safety.  We are  

confident that the directions given above, at their instance and with the  

support, cooperation and assistance of the MoRTH, will save thousands  

of lives in road accidents and crores of rupees in compensation payable   

by the insurance companies – provided the directions are faithfully and  

sincerely complied with.  

19. We also make it clear that if there is any doubt or clarity required  

in implementing the directions given, the concerned State Government or  

                                                           2  (2014) 6 SCC 36

W.P. (C) No. 295 of 2012                                                                                                 Page 33 of 33    

Union Territory is at liberty to move the Committee on Road Safety.   

20. We may note that none of the directions given by us or the  

directions given earlier by this Court are difficult to comply with. In this  

connection, we may draw attention to the excellent document prepared by  

the Committee on Road Safety and the MoRTH titled  “Consulting  

Services to Audit the Implementation by the States of the Directions  

Issued by the Committee on Road Safety – Group 4- Final Report”  

concerning Haryana prepared in September 2017.  The Report has  

received considerable support from the Delhi Integrated Multi-Model  

Transit System Limited (DIMTS), Transportation Research and Injury  

Prevention Programme (TRIPP), IIT-Delhi and The Energy and Resource  

Institute (TERI). It would be worthwhile if similar reports are prepared  

and published so that roads all over the country are rendered far safer  

than what they are today.  

21. List for further proceedings on 7 th   February, 2018.  

……………………………J  

       (Madan B. Lokur)   

…………………………..J    

(Deepak Gupta)   

New Delhi;  

November  30, 2017