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Draft Road Transport and Safety Bill 2014

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Written By sanjayv - 16 September, 2014

Bangalore Road Safety Enforcement Transport law

A draft road transport and safety bill is posted on the MORTH website. Click here to see the draft.  It is a long, long piece of legislation by Indian standards, about 305 pages.  The law also appears to try and cover anything and everything connected to road transport in one, giant, omnibus legislation.

I have read through it very fast once.  THere seems to be an effort to start couple of authorities and one highway patrol force.  The other effort is to centralize and make uniform various aspects such as driver's licenses, vehicle registration, road taxes etc.  For our privatization fans, there appears to be an effort to open up competition in the road transport space. Penalties for offences are dramatically going up. For the cyclists, there is some regulation on safety equipments proposed.

Overall, the law is still a working draft.  There is no mention of what present laws will have to be replaced or what changes will come into place. Legislation is open to comment.  Therefore, this is a good time to influence the bill and have our voice heard.  However, reviewing this bill is a lot of work.  We will need help....  Plunge in folks and start commenting. There is no comment deadline posted.

 

COMMENTS

Ch VI – National Road Transport and Multimodal Authority

sanjayv - 3 October, 2014 - 15:33

The bill at this stage proposes to set up another set of authorities - A National Road Transport and Multi-modal coordination Authority at the central level and equivalent state authorities at the state level.

The language is near identical on the nature, structure and slection of members and removal.  Removal process again is fairly long and convoluted as commented earlier. One difference appears to be that the chairperson of the national authority (presumably safety board, though it is all poorly worded/drafted) serves on the selection committee for the road transport authority.  By that is there an implication that this authority is subordinate to the other one?

117 - Objectives of the Authority-"to plan and develop integrated, safe and sustainable transport systems that contribute to an inclusive, prosperous and environmentally responsible India consistent with the purpose and objectives of this Act"

This sounds like a broad mandate, however, one is not clear how this agency will be effective in a local issue such as a city public transport system. It would be good to add more specificity to this mandate.

Some specific examples have been added in 117(2 & 3)

(a) to ensure, in collaboration with other transport bodies and public entities, that the public and goods transport system operates as part of an integrated transport system which seeks to meet the needs of all transport system users;
 
(b) to plan and develop the public transport system in a manner which supports an integrated transport system by-
 
(i) seeking to increase the share of public transport trips;
 
(ii) while seeking to give effect to sub-section (1), also seeking to improve the environmental performance and minimise the adverse environmental impacts of the public transport system;
 
(c) to contribute to social well-being by providing access to livelihood opportunities and supporting social interaction among members of the community;
 
(d) to promote economic prosperity through efficient and reliable movement of public transport users while also supporting freight movement;
 
(e) in collaboration with relevant bodies including the Central Government, the State Governments, State Roads Transport Corporations, public and private transport operators, urban local bodies, the National Authority, state police and state transport departments to improve public transport for public transport users.
 
3. develop transit improvement infrastructure or any transport infrastructure project for the smooth movement of passengers and goods consistent with the objectives of the transport system.
 

Concerns:  These are all high level mandates.  There is no distinction made on national level, state level and local level issues.  While civil society is desirous of higher level of control in local issues, it is important to structure this law to restrict the scope to the right level. 

 

Section 118: Functions of the NRTPM-MCA:

a.     Develop a National Road Transportation Plan: Which has several elements defined in detail which reduces to medium and long range planning.  Public consultation is required for the plan and the plan has to be notified annually -> seems strange for what is called a medium and long range plan?

b. Design and frame schemes for interstate transport of passengers and goods

c. Technical assistance to central govt and other appropriate agencies - state govt, municipality, panchayat etc. on planning and developing public transport infrastructure

d. Protect future options for transport system improvement - including advicing central and state govts on reserving land, for future projects such as infra projects or BRTS or trucking corridors

e. Ensure improvement and asset utitiization of road transport

f. Facilitate multimodal integration, find ways to have PPP

g. Capacity building programmes for geting trained manpower in place

h. Monitor and report on whether passenger service is meeting expectations

i. Develop and implement suitable environmental policies for sustainable transport sector

j. Information dissemination to public in the form of maps, time tables

k.Data collection and research

l.  Function as economic regulator for interstate transport of passengers and their goods by transport vehicles undernational passenger transport permit (several categories are defined: scheduled services, restricted scheduled services, metered services, restricted metered services, chartered services or restricted chartered services;

m. A catch all phrase asking to discharge any other functiopn or duties..

A reaction to the above is once again a feeling of bit of a confusion.  Ideally, bulk of transportation activities happens at the state and local levels.  From a central government perspective, interstate transport, cross country goods movement and an efficient and economical transport infra and capability is important.  Seeing a line which envisages the national authority advicing a municipality or panchayat seems to muddle the picture. SImilarly the section on creating time tables and maps...

The next section goes on to say:

2. In performing the functions conferred on the National Transport Authority, the Authority shall –

(a) engage with stakeholders so as to ensure better outcomes for all Citizens;
(b) conduct research and collect information relating to the performance, function and the operation of the public transport system efficiently address any complaints relating to the performance of the functions of the National Transport Authority; 
(c) efficiently address any complaints relating to the performance of a public transport operator.
 
What is the meaning of engaging with stakeholders?  How will engagement lead to outcomes? Maybe the powers of the Authority will give a clue:
 
1.  National Transport Authority has the power to do all things that are necessary or convenient to be done for or in connection with, or as incidental to, the achievement of the objects of the National Transport Authority; 
 
2. Without prejudice to the generality of subsection (1), the National TransportAuthority may:
 
(a) conduct or undertake the planning and development of infrastructure required for the smooth movement of passenger and goods vehicles, approval and declaration of various schemes to provide passenger services or other transport services;
 
(b) enter into any agreement or contract to support the provision of passenger services or other transport services in connection with the functions of National Transport Authority;
 
(c) enter into any lease or licence to support the provision of passenger services or other transport services in connection with the functions of the National Transport Authority;
 
(d) acquire, own, build, maintain and operate public transport infrastructure, transit improvement infrastructure and related infrastructure;
 
(e) enter into an agreement relating to the allocation of revenue which is derived from the provision of any passenger services or other transport related services;
 
(f) give indemnities, guarantees, releases and charges, and anything else of a similar nature;
 
(g) exercise the powers conferred on the National Transport Authority by any other Act or any regulations under any other Act or by the Central Government.
 
These powers do not seems to confer much on the authority.  Is it going to plan and implement transport infra and contract to run transport services?  The scope presently seems to be more like a BDA.
 
(121) Proceedinga opf the authoriity: A Patron is introduced here as well as someone who can take attend any meeting and be the chair of such meetings.  THis patron, however, is not well defined.  It is best to eliminate a patron for an independent, professional authority.
 
Road Standards:  Section 123(4a) for the first and possibly only time in this act introduces a technical working group for road standards.
 
State Road Transport Development Authority:  At the state level, section (127) mandates the formation of a state road transport development authority.  Upto section 133 is on the composition, appointment, removal etc. of the members of this authority, lot of this being copy paste.  One jarring note is section 129(2)
 
Section 129 (2) 
The Chairperson of the State Transport Authority shall be appointed by the Central??!!! Government on the recommendations of the Selection Committee under section (129) and shall have the rank of Secretary to the State Government.
 
The state transport authority has a broad objective (section 134) to "plan and develop an integrated, safe and sustainable transport system, that contributes to an inclusive, prosperous and environmentally responsible society consistent with the statement 
of objects and reasons under this Act."
 
Functions are similar to the national authority, such as planning and notifying state transport plans and so on, but restricted to within the state. Looks like the state authority will not have a role in interstate transport schemes.  There are provisions for the state transport authority to enter into licenses, agreements and concessions for transport arrangements within the state.  Would this be a model similar to the Electricity Regulation Commission where the transport companies will hold licenses from the state transport authority?
 
Section 138-144 deal with determination of tarriff and awarding of licenses for public transport services, as well as fleet management and sufficient rest for drivers. 138 - National authority will notify schemes for how tarriff is to be determined. 139 - Discusses schemes for approval of tarriff... interstate transport is governed by the national authority and intra state transport by the state authority.  Looks like govts (state, local) can submit schemes for approval of tarriff.  However, there is a caveat that is not clear - that these approved schemes are not valid once the national or state authority issues schemes for a particular area.  Confusing. 140 -Single Window Permit System.  Appears that revenue is envisaged from this licensing scheme. Section (143) discusses a fleet management policy - to be publicized to the public.  143 and 144 are the only sections dealing with regulation of the fleet.  This aspect needs more detail and checks and balances.
 
One glaring lack fo clarity is funding: How are these authorities to be funded?  There is no discussion on this aspect at all. What will it cost for effective operation of these authorities.  Where will the money for properly running these agencies come from?
 
 

Ch IX Infrastructure and Multimodal Facilitation

sanjayv - 12 October, 2014 - 08:17

The national authority also has the role of Infrastructure and Multi-Modal Facilitation

Definitions:

1.Transit Improvement Infrastructure shall include:

a.The development of bus, truck & multimodal terminals, interchanges, transfer and depot facilities;

b.Development of parking places;

c.Development of rest areas;

d.Traffic calming controls and other safety related infrastructure;

e.Construction of turnouts, overlooks, and viewing areas;

f.Construction of over bridges and underpasses, grade separators;

g.Construction of grade and grade separated pedestrian facilities;

h.Facilities for non-motorised transport like footpath, cycle tracks.

2. “Integrated Freight Transport Hub” means an operational place on roads and highways that is designated as such and equipped with adequate facilities and equipment, and capable of functions such as providing paid services to the public, warehousing, information transaction centers, yards, parking spaces and roads, in connection with all aspects of freight transport.

3. “Intermodal Transport Facility” means an Integrated Freight Transport Hub connected by road with at least one other mode of transport

Section 178 – In connection with Freight Transport Hubs and Intermodal transport Facilities, the National Authority will identify locations, develop guidelines, develop procedures for licensing operators of such facilities. The operators will have liabilities as per license and will assist in providing data to state transport authorities for dynamic data availability

Section 179 –Road infrastructure development work such as standards for design and construction and classification of roads, specification of standards for infrastructure, service levels, etc. for different classes of roads, development of rest areas along highways with NHAI, disabled friendliness of infra.  The authority also has to develop guidelines for road safety and traffic management as well as “achieve” reduction of congestion in urban areas.

Section 180 – Transit improvement infrastructure performance program – by the national authjority to monitor and quantify performance of infrastructure to ensure that improvements and infrastructure is being used to meet the targets set in the state’s transit improvement plan.

Section 181 – Highway safety improvement program – Another monitoring and evaluation framework to evaluate steps, actions by NHAI towards highway safety improvement.

Section 182 – City safety and traffic management improvement program: Another monitoring and evaluation framework for larger cities to make sure that investments are made towards improvement of the targets set.

Sounds like a nice wish list, but how will all this translate into action on the ground since budgets, implementation etc. is in the hands of other branches of the government or agencies.  Looks like a case of giving responsibility to study, but none of the power.  At any rate, this seems to be directed at centralizing everything in the hands of a central/national authority.

Section 183 and 184 – Annual reviews of state compliance and periodic updation of standards. Nothing of much value.

Executive Summary of the bill

vvr - 17 September, 2014 - 06:56

For those too lazy to read the entire bill or are too busy flying at 35,000 feet above ground, there is an executive summary:

http://morth.nic.in/writereaddata/linkimages/Road%20Transport%20and%20Safety%20Bill%202014%20Draft-0068086402.pdf

Of course, we will have to read the bill in its entirety to see if there is any connection between the stuff in it and the exec summary.

 

Thanks

s_yajaman - 18 September, 2014 - 04:56

Thanks a lot for posting this.  I will go through some of the parts especially chapters III, IV, V , X and XIII over the next few days.

Srivathsa

Vehicle Regulation and Road Safety Authority of India

sanjayv - 27 September, 2014 - 15:06

I am going straight into second gear.  The first chapter, which is titled preliminary has only one line which I am not sure of the implication of. All copy paste from the bill draft are italicized.

(2) Declaration as to expediency of control by the Union.
It is hereby declared that it is expedient in the public interest that the Union should take 
road transport under its control.
 
Does anybody understand the implication of this line? Is road trasnport a union, state or joint topic in the constitution?  Does this mean that the state has no rights or options to make rules?
 
Ch 2: Vehicle Regulation and Road Safety Authority of India
 
Section 4: This authority is to be a body corporate with a common seal, perpetual succession, right to buy, sell, lease property, hire people and to sue to be sued etc.
Section 5. It will have one chairperson and 4-8 members, each member with expertise in one of many prescribed areas such as urban planning, civil engineering, motor vehicles, insurance etc. etc. 
 
Section 6-10 are on appointment and emplyement terms and restriction and resignation, removal procedures of the members of this authority. Appointment is by a committe consisting of 3 specifed bureaucrats and a 3 other experts.They are to recommend two candidates to the government which will appoint one of the two.
 
Suggestion:
The removal provision in my opinion is very convoluted.There is a process, followed by an enquiry and hearing followed by termination or not.  In my opinion, these processes are never practical.  Once a person has lost the confidence of the government, even if an enquiry gives the person a clean chit, whatever damage is to be done is done. An alternate process is required which is also fair to the person being terminated to get a chance to be heard, to salvage his or her reputation and get some monetary compensation.  Some due process is required though to also afford the person independence to make tough decisions. Otherwise, the nation suffers in effect.  How can this be changed? Any suggestions?
There is also no spelt out provision for transition periods either due to death, resignation or dismissal.
 
Section 10 deals with restriction of re-employement.  Essentially states that no member of the authority can be employed with some organoization governed by the actions of the authority for a period of two years, unless permission is granted in writing by the government.  What would be the standards based on which the government will make such a distinction? Is two years enough?
 
 
What Does the Authority Do?
Section (12) specifies this: 
 
Objectives and Duties of the National Authority.
1. The National Authority shall have the overall objective of eliminating practices 
that are adverse to transportation safety, road safety and innovation and adoption 
of new technology;
2. The objective of the National Authority shall be reviewed and ratified every five 
years by the parliament.
 
This is followed by a whole list of specifics: The authority is to regulate motor vehicle standards, licensing, registration and also promote new technology, maintain safety standards for roads and traffic control and so on.  The Authority also has a role of serving as an economic regulator as regards new safety technologies.
 
Section (13) describes what regulations the national authority can put out in pursuit of its duties in section (12) which is a fairly exhaustive list of activities:
What is not clear is what will make these standards and regulations enforceable. Who enforces it.  What is the penalty for non compliance.    As a parallel, we also have a host of pollution control laws in existence today, but the implementation of those regulations leaves a lot to be desired.  How will this national authority be different?
 
Section (14) is on proceedings of the antional authority.  Here a new term is introduced of a patron of the national authority.  Who is this patron? I would like to see elimination of this patron from the law.
 
 
Section (15) to (17) are on regulation making.. Only comment is for more transparency in regulation making to be built in.
 
Section (18) to (21) are on duties of the chairperson etc. etc. A glaring lacuna is that there is really no clear role prescribed for the members.  What do they do?
 
State Safety Authority
Section (22) to (29) describes a State Safety Authority and how it is set up.  Much of it is copy paste of how the national authority is setup.  In one place, they forgot to make necessary changes after copy paste. Section 24(2) states that Chairperson of the State Safety Authority will be appointed by the central government.  I think they meant sate government.
 
Section (3) delas with how the state safety authority would function.  Apart from confrming to directions issues from time to time by the national authority, the state safety authority would prepapre and implement a state safety improvement plan which has to be funded by the state government.
Besides that, the state authority can instruct various implementing agnecies of the state on the regulations drawn up by the national authority and the agency is bound to follow the instruction.
This is the only piece of text where I see the rubber hitting the road.  But who will enforce?
 
FUNDING
Ah, now comes another important piece - How is this whole thing funded?
Section (32) mentions a road safety fund.  Does one exist currently?
 
Sources of funds appear to be the following as per the act:
 
National Authority
  • Grants or loans made by the central government to the national authority after due appropriations by parliament, which goes into the road safety fund.
  • A portion of the insurance premiums collected in the country, exact fraction to be specified by the central government.A
  • Any other sources that the central government will specify

State Authority:

 

  • State has to appropriate as per this law
  • Central government may take some money from the national safety fund and give to the state safety improvement plan

Comment: This is the weakest portion of the law.  There is no estimate of the funding requirement.  The state safety authority funding is left to the states.  So you have a funny situation where the center is thrusting a requirement on the states.  But there is no clarity on how the state will fund the state level agency, which it appears has a significant role in taking the intended legislations to the ground level?

In municipalities and in some states panchayats also do road building.  How will these state level actions percolate down? Despite all the noise, local government is once again not discussed here except for some cursory lines.

In summary - a national authority is being setup.  It is not clear how the authority will impact safety in the broad mandate provided to it.  Maybe a good method would be to take a step back and discuss what steps are required to acheive road safety and map it back to this authority.

The functioning of the national authority should have more transparency and efficiency.  Current definition still reads as too long.

A state authority is mandated and dumped on the states

Funding remains a question for the proposed authority

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