Report No. 234

8.11 The maximum term of imprisonment in section 184, MV Act should be increased to five years and that any second or subsequent offence thereunder should be punishable with the minimum term of imprisonment of six months.

8.12 Roads are used not only by the motorized transport, but also by the non-motorized transport as well as pedestrians. There is no comprehensive Central legislation to effectively and holistically regulate 79all kinds of traffic on the roads. The Motor Vehicles Act, 1988 is relatable to Entry 35 of the Concurrent List and the National Highways Act, 1956 is relatable to Entry 23 of the Union List.

The subject-matter of roads, traffic thereon, and vehicles other than mechanically propelled vehicles falls under Entry 13 of the State List, and, therefore, outside the purview of Parliament. The Seventh Schedule of the Constitution will be required to be amended for such a comprehensive Central legislation. The Law Commission feels that there is a need of a comprehensive Central road traffic law.

8.13 There should be legal provisions in the MV Act for confiscation of the vehicles fitted with LPG Cylinders (meant for home kitchen), and arrest and prosecution of owners/drivers of such vehicles.

8.14 As an important part of the enforcement measures, there should be compulsorily installed weighbridges at all points of entry and exit to and from a city as well as toll collection centres to keep in check overloaded vehicles.

8.15 As an important part of the enforcement measures, there should be compulsorily installed CCTV Cameras at all vulnerable points, to be determined by an expert committee, to curb traffic violations.

8.16 As an important part of the enforcement measures, there should be a vigorous campaign on the electronic media, including Doordarshan, All India Radio and private TV channels, through regular programmes and debates so as to create awareness amongst the general public about the imperative necessity to strictly follow traffic rules and regulations as well as highlight the impact and consequences of rash and negligent driving.

8.17 As an important part of the enforcement measures, there should be established, through public-private-partnership, recognized driving training schools in different parts of the country, equipped with simulators, and obliged to follow properly-devised driving training modules and impart training at a nominal fee.

8.18 As an important part of the enforcement measure, rule 118 of the Motor Vehicles Rules 1989 making it mandatory for the notified transport vehicles to be fitted with an irremovable or tamperproof speed governor to be sealed with an official seal of the Transport Authority, should be enforced more vigorously.

8.19 There should be no exemption of government vehicles from policy of insurance against third party risk and section 146, MV Act should be amended for the purpose.

8.20 Measures to prevent road accidents may be preventive, precautionary and punitive. There is no denying the fact that there is a need of improved road-watch, surveillance and detection, effective and holistic regulation of all kinds of traffic on the roads and proper deterrence. For proper road safety and traffic management, focus should not only be on drivers and vehicles, but also on behaviour of all kinds of road-users, road infrastructure development and environmental concerns. In causing road accidents, the cruellest culprit is satanic speed.

8.21 We recommend accordingly.