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Is The Motor Vehicle (Amendment) Bill 2016, a Step Closer to Vision Zero India?

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By Amit Bhatt

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Is The Motor Vehicle (Amendment) Bill 2016, a Step Closer to Vision Zero India?

  1. 1. A product of WRI Ross Center for Sustainable Cities AMIIT BHATT August 19, 2016 IS THE MOTOR VEHICLE (AMENDMENT) BILL 2016, A STEP CLOSER TO VISION ZERO INDIA?
  3. 3. India has the second largest road network in the world India’s Road Network has expanded from ~4 lac km in 1951 to ~47 lac km in 2011 India has a road density 1.42km/sq.km., which is the densest for a country of this size and compares favourably with other middle-income and emerging countries ROAD TRANSPORT IN INDIA: INFRASTRUCTURE
  4. 4. The last two decades have seen a dramatic increase in the overall number of vehicles used for road transport in India The total number of vehicles is expected to increase 3-4x to 500-600 million by 2030 ROAD TRANSPORT IN INDIA: VEHICLES 21 Million (1991) 142 Million (2011) 14 Million (1991) 102 Million (2011) All Vehicles 2-Wheelers
  5. 5. ROAD TRANSPORT IN INDIA: ROAD & RAIL 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 1950-51 2010-11 Rail Road 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 1950-51 2010-11 Rail Road Freight Traffic Passenger Traffic In last 60 years, the road sector has seen: The share of freight traffic increase from 10 to 69% The share of passenger traffic increase from 30 to 90%
  6. 6. ROAD TRANSPORT SECTOR – Issues & Challenges
  8. 8. 105,000 110,000 115,000 120,000 125,000 130,000 135,000 140,000 2008 2009 2010 2011 2012 No. of Road Accidents ROAD SAFETY SCENARIO IN INDIA
  9. 9. 15 1 5 20 0 Children (<14 yrs) are killed every day in road accidents in India People are killed every hour in road accidents in India Million people were seriously Injured or disabled in road accidents in India in the past decade Million people died in road accidents in India in the past decade 3% Annual GDP loss to India due to road accidents Statutes to protect children on the road
  10. 10. 70 300 120 5 600 Thousand + two wheeler riders died in the past decade Thousand people can be saved every year with timely emergency medical care Thousand + Vulnerable road users killed in road accidents in the past decade Thousand + people died in bus crashes from just 5 states in India in 2012 2001 The year in which MVA was updated Thousand + pedestrians died in road accidents in the past decade
  11. 11. The average vehicular speeds on India’s highways is significantly less than the global average, yet the number of deaths is higher by comparison HIGHWAY SPEEDS AND ROAD SAFETY 19 14 13 12 6 4 0 2 4 6 8 10 12 14 16 18 20 Death rate per 100,000 0 20 40 60 80 100 120 140 160 India Global average Average truck speed kmph 30-55 60-140 Action required – road safety, speeds, and traffic conditions need improvement Source: WorldLifeExpectancy.Com - 2011 , Deloitte research report - 2012
  12. 12. Although India spends less on logistics than most nations, its per ton-km total cost is 30-70% higher LOGISTICS SPENDS – INDIA AND OTHER COUNTRIES 1373 515 240 138 0 500 1000 1500 USA Japan Germany India Spend on logistics (USD billion, 2007) 10 10 8 13 0 5 10 15 USA Japan Germany India Logistics as % of GDP (Percentage, 2007) India, 13.8 India, 3.2 India, 1.9 USA, 10.8 USA, 1.9 USA, 1.1 0 5 10 15 Road Rail Costal Shipping PPP adjusted unit cost (USc per ton-km, 2007) Sources: Industry trends, McKinsey
  13. 13. Inefficiencies in freight transport will result in wastage of over 1% of India’s total commercial energy consumption INCREASED WASTE AND EMISSIONS - Shortage of rail and interchange resulting in imbalanced mode mix (road share increases from 57% to 70%) - Increased pressure on already congested road networks - More traffic on expensive modes leads to higher transport costs - Slower average road speeds leads to higher inventory levels 45 95 140 2007 Increase till 2020 TOTAL (2020) 0 20 40 60 80 100 120 140 160 Logistics-related waste (USD billion) Waste % of GDP Emissions Million tons CO2 equivalent 4.5 - 5 11565 180
  14. 14. ROAD TRANSPORT IN INDIA: DEMAND 2012 2032 10,375 billion pkm Overall Road Passenger Transport Demand Growth 168,875 billion pkm 16x 2012 2032 2,000 billion Tkm Overall Road Freight Transport Demand Growth 13,000 billion Tkm 6.5x Total Passenger Demand is expected to grow at 15.4% per annum over the next 20 years Total Freight Transport Demand is expected to grow at 9.7% per annum over the next 20 years
  16. 16. Indian Motor Vehicles Act, 1914 Motor Vehicles Act, 1939 A working group was, therefore, constituted in January, 1984 to review all the provisions of the Act of 1939. The motor Vehicles Act 1988 MV Act 1988 has so far been amended three times in the years 1994, 2000 and 2001 Sundar Committee Report Road Transport & Safety Bill 2014 (Draft) Motor Vehicles Amendment Bill 2016 (Draft) HISTORY OF TRANSPORT LEGISLATION
  26. 26. KEY FEATURES – DETAILS • New terms defined- ‘adapted vehicle’, ‘aggregator’, ‘community service’, ‘driver refresher training course’, ‘golden hour’, ‘scheme’ and ‘testing agency’. • Section 2B (inserted)- It seeks to provide flexibility to the Central Government to exempt new technologies, inventions or innovations from the provisions of the principal Act to promote innovation. • Section 8 (amended)- It seeks to simplify the process of obtaining a learner’s licence. The applicant will also be able to apply to any licensing authority in the State or use online means to submit the application, fee and other documents. The learner’s licence could then be provided in electronic form. • Section 9 (amended)- It seeks to simplify the process of obtaining a driver’s licence in the same manner as obtaining learner’s license. • Section 10 (amended)- Here, the term ‘invalid carriage’ is proposed to be replaced with the term ‘adapted vehicle’, in order to take a more sensitive approach towards the mobility needs of the differently abled. • Section 14 (amended)- It seeks to increase the length of time for which a driving licence shall remain valid. • Section 15 (amended)- It seeks to allow a licence holder to apply for renewal of licence any time in a window of six months before expiry of licence and six months after.
  27. 27. KEY FEATURES – DETAILS • Section 19 (amended)- It seeks to provide for disqualification from holding driving licence and revocation of driving licence of drivers found to commit certain traffic offence. They will also be required to complete a driver refresher training course, as prescribed by the Central Government. • Section 25A (inserted)- It seeks to establish a National Register of Driving Licences containing data on all driving licences issued throughout India by assimilating data from all state registers. • Section 41, 43, 44 (amended)- Changes in these section are around registration of new motor vehicles by dealers, penalties for dealers who fail to register a new motor vehicle and removing the requirement of producing the motor vehicle before the registering authority at the time of registration. • Section 49 (amended)- It seeks to simplify the process for recording change of residence on registration certificate by making it online. There will also be increased penalty for not providing the new information on time. • Section 55 (amended)- It states that a registering authority can cancel registration of a vehicle, if it is suspected of being used for an offence. • Section 56 (amended)- It states that no certificate of fitness shall be granted to a vehicle, after October 1, 2018, unless the vehicle has been tested at an automated testing station.
  28. 28. KEY FEATURES – DETAILS • Sections 62A and 62B (inserted)- Section 62A seeks to prohibit the registration of oversized vehicles and issuance of certificates of fitness to such vehicles. Section 62B seeks to establish the National Register of Motor Vehicles that shall contain data on all motor vehicles registered throughout India. • Section 66A and 66B (inserted)- 66A It seeks to empower the Central Government to develop and implement a National Transportation Policy. 66B states that permit holders shall not be disqualified from applying for a licence under a scheme for the transportation of goods and passengers. • Section 67 (amended)- Empowers the State Government to issue directions to the State Transport Authority and the Regional Transport Authorities to safeguard the convenience of passengers, prevent overcrowding, promote road safety and provide economically competitive fares. • Section 72 (amended)- It states that the Regional Transport Authority may relax condition for a Stage carriage permit if it helps rural transport. • Section 74 (amended)- It looks at empowering the Regional Transport Authority to waive any permit condition for a contract carriage to promote low cost last mile connectivity solutions. It also states that priority will be given to self-help groups for issuing permits. • Section 88A (inserted)- It empowers the Central Government to modify permits and make schemes for inter-state transport of goods and passengers. • .
  29. 29. KEY FEATURES – DETAILS • Section 93 (amended)- It seeks to provide formal recognition to transport aggregators and details out their role. Later Section 193 is amended to add penalties for offences by them. • Section 110A and 110B (inserted)- It empowers the Central Government to recall vehicles that do not meet quality standards. 110B seeks to issue type approval letters and regulations for testing agencies. • Section 116 (amended)- It seeks to remove advertisements from National Highways that may be distracting for commuters. • Section 129 (amended)- It makes the rule for wearing helmets more stringent. It states that any person above 4 years of age- rider, pillion or being carried- will have to wear helmets. • Section 134A (inserted)- It provides for protection of ‘Good Samaitans’ who help in getting medical aid for persons injured in road accidents. • Section 135 (amended)- It empower the State Government to make schemes for any amenities in the interests of the public. It also empowers the Central Government to make schemes for in-depth studies and analysis of causes of road accidents. • Section 136A (inserted)- It seeks to allow electronic monitoring and enforcement. It provides for body-wearable cameras for data collection.
  30. 30. KEY FEATURES – DETAILS • Section 138 (amended)- It empowers States to regulate pedestrians and non- motorised transport. The existing Act does not mention pedestrians anywhere and hence, does not provide for any rules/guidelines for their safety. It is the only time pedestrians are mentioned in this bill as well. • Chapter X- Sections 140 to 144 (omitted)- The entire chapter has been deleted. It discussed the liability of paying compensation to road accident victims. Some provisions have been made part of chapter XI. • Chapter XI- Sections 145 to 164 (amended)- This entire chapter on insurance and compensations has been amended and made anew. This chapter aims to simplify the third party insurance for motor vehicles. It empowers the Central Government to prescribe the premium and the corresponding liability of the insurer for the policy. A new Section 164B has been added to establish Motor Vehicle Accident Fund. • Chapter XIII- Sections 177 to (amended)- Several Sections in this chapter on penalties have been amended to increase penalties for traffic offences. Some of the interesting new additions include stringent laws for juvenile offenders, aggregators, excessive honking and those related to registration of vehicles. Another addition is that of prescribed hours for community service as penalty for some offences. These did not exist earlier. Details of penalties are mentioned below in table 1. Additionally, the state government holds the power to increase the penalties further.
  31. 31. PREVISIONS ON AGGREGATORS • Aggregator – It means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation • Rules – They will not engage as an agent in the business of collecting, forwarding or distributing goods carried by goods carriages. – While issuing the licence to an aggregator the State Government shall follow guidelines of the Central Government – Every aggregator shall comply with the provisions of the Information Technology Act, 2000 and the rules and regulations • Penalty for aggregators- – Operating without license- Rs 1000 for first offence ; Rs 2000 and 6 months imprisonment for second offence – Not following all rules of section 93 of the MV Act- fine of Rs 25,000 to Rs 100,000
  32. 32. KEY FEATURES – PENALTIES Section Details Existing Provision Proposed Provision 177 General Rs 100 Rs 500 New 177A Rules of road regulation violation Rs 100 Rs 500 178 Travel without ticket RS 200 Rs 500 179 Disobedience of orders of authorities Rs 500 Rs 2000 180 Unautorized use of vehicles without licence Rs 1000 Rs 5000 181 Driving without licence Rs 500 Rs 5000 182 Driving despite disqualification Rs 500 Rs 10,000 182 B Oversize vehicles New Rs 5000 183 Over speeding Rs 400 Rs 1000 for LMV Rs 2000 for Medium passenger vehicle 184 Dangerous driving penalty Rs 1000 Upto Rs 5000 185 Drunken driving Rs 2000 Rs 10,000 189 Speeding / Racing Rs 500 Rs 5,000 192 A Vehicle without permit upto Rs 5000 Upto Rs 10,000 193 Aggregators (violations of licencing conditions) New Rs 25,000 to Rs 1,00,000 194 Overloading Rs 2000 and Rs 1000 per extra tonne Rs 20,000 and Rs 2000 per extra tonne
  33. 33. KEY FEATURES – PENALTIES Section Details Existing Provision Proposed Provision 194 A Overloading of passengers Rs 1000 per extra passenger 194 B Seat belt Rs 100 Rs 1000 194 C Overloading of two wheelers Rs 100 Rs 2000, Disqualification for 3 months for licence 194 D Helmets Rs 100 Rs 1000 Disqualification for 3 months for licence 194 E Not providing way for emergency vehicles New Rs 10,000 196 Driving Without Insurance RS 1000 Rs 2000 199 Offences by Juveniles New Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled 206 Power of Officers to impound documents Suspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D,194E 210 B Offences committed by enforcing authorities Twice the penalty under the relevant section
  34. 34. Thank You abhatt@wri.org