Gadkari’s Road Transport Bill is revolutionary

The proposals in the Road Transport and Safety Bill 2014 are revolutionary in every sense.  It has envisaged setting up a Motor Vehicle Regulation & Road Safety Authority of India. The bill has mooted a unified Driver Licensing system and even a Unified Vehicle Registration System. Then there are also norms for recall of vehicles as well as alteration of vehicles.

This is the second detailed news report on the draft bill. On September 13, 2014 Motown India had written briefly about the penalties and other proposals in the bill.

http://www.motownindia.com/News/National_News/1948/Stiff-penalties-in-2014-Road-Transport-Bill#.VBbAXZSSyoI

The Road Transport and Safety Bill 2014 has envisaged setting up a Motor Vehicle Regulation & Road Safety Authority of India. This will be an independent agency for vehicle regulation and road safety and will be legally empowered and fully functional agency, accountable to Parliament. It would be a dedicated institutional setup to save over 200,000 lives in first five years.  It will have an innovative financing mechanism for funding safety programmes.

As for regulation of motor vehicles in the country, the bill has sought to promote innovation and new technology adoption. There will be time-bound vehicle type approval to promote innovation.  There will be conformity to make spare parts cheaper and provision of lead-time for Industry to adopt new standards. It will encourage improved vehicle design for safer travel.

There will be a Unified Driver Licensing System. To begin with there will be simplified application and issuance procedures for driver licensing system. Unified biometric system to put in place to avoid duplication. The bill moots a transparent, single window driver licencing system and there will be automated driving test for increased capacity with private sector participation. Technology adoption for driver testing facilities has been mooted.

The National Authority shall develop the roadmap for the Unified Driver Licensing System within one year of the date of this Act coming into force and shall implement the said roadmap within two years of this date. The National Authority shall design a Unified Driver Licensing System in accordance with regulations, such that it enables the submission of applications for driving licences from anywhere in the country, either electronically or at any competent authority for licensing in the country. The system shall facilitate the collection of uniform standardised information including information authenticating the identity of the applicant for the driving licence; whether through biometric or any other equivalent unique identification technology, identified by the National Authority, and provides for different types of applications for different types of licences. It will also facilitate the grant of licences in a transparent, time-bound and efficient manner.  A person authorised to drive a vehicle under this Act shall be assigned a unique driving licence identifier to their driving licence. All licence holders who have obtained their licences before the commencement of this Act shall be required to obtain a driving licence under this Act within a period of two years from the date of the Unified Driver Licensing System is established. A person, who wants to renew their driving licence, may apply from anywhere in India through the Unified Driver License System to any competent authority for licensing. As for the validity of the driving license, for those driving a transport vehicle, it will be valid ordinarily for a period of five years. In the case of the authorisation to drive a transport vehicle carrying goods of dangerous or hazardous nature, it will be effective for a period of three years, and its renewal shall be subject to the condition that the driver undergoes such advanced specialised training programmes, as may be specified by the National Authority.

In the case of any other licence, if the person obtaining the licence has not attained the age of forty years on the date of issue, the license shall be valid until the date on which such person attains the age of forty years. In case he or she has attained the age of forty years on the date of issue or, as the case may be, renewal thereof, shall be valid until the date on which such person attains the age of fifty years. In case the applicant has attained the age of fifty years on the date of issue or, as the case may be, renewal thereof, shall be valid until the date on which such person attains the age of sixty years.  After sixty of years, the license will be valid for a period of five years from the date of such issue or renewal. Moreover, every driving licence of a non-transport vehicle shall, even if it expires will continue to be effective for a period of sixty days from such expiry.

The bill seeks to put in place a Unified Vehicle Registration System. There will be unified registration in a dynamic information system so that the manufacturer, owner, transport authority, insurer, enforcement agency are all in one eco-system.  It calls for private sector participation in establishing fitness certification centres.  There is need for an integration of all stakeholders. There will be an easy (online) transfer of vehicles across states and an increased private sector participation in fitness testing to create more jobs

The National Authority shall develop the roadmap for the Unified Vehicle Registration System within one year of the date of this Act coming into force and shall implement the said roadmap within three years of this date.  The Unified Vehicle Registration System will enable the submission of applications for registration from anywhere in the country, either electronically or at the competent authority for vehicle registration in the country.  It will also facilitate the collection of uniform standardised information including information authenticating the identity of the applicant for the vehicle registration, whether through biometric or any other equivalent unique identification technology, identified by the National Authority, and provide for different types of applications for different types of vehicle registration.

With regards to Road Safety & Traffic Management, the bill has sought provision for enforcement of modern safety technologies and creation of a motor accident fund for immediate relief to accident victim. There will be special emphasis on safety of school children and security of women. Electronic enforcement in urban clusters has been mooted along with special emphasis for safety of vulnerable road users.

The bill has mooted a National Road Transport & Multimodal Coordination Authority. This will be a single national authority for improving quality of road transportation and the focus would be on developing integrated transport systems & multi-modal hubs. Feeder system and last mile connectivity for people friendly mobility will be addressed. There will be an Institutional setup to facilitate ‘Make in India’ vision. Seamless movement of goods and passengers across various modes will be encouraged.

The bill has sought a Goods Transport & National Freight Policy wherein simplified permits and single portal clearances will be put in place. Identification and development of freight networks will be priority so as to address bottlenecks concerning trucking industry. This increase in logistics efficiency will reduce inflation and enable Indian manufacturing to become globally competitive

With regards to offences and penalties, the bill has put in place a combination of penalty and fines to enforce traffic rules. There will be strict enforcement for driving under the influence of drugs and alcohol. Electronic detection and  centralised offences information will help identify repeat-offenders. There will be a graded penalty point system with enhanced fines that will act as a deterrent and improve traffic condition by reducing road rage.

With regards to recall of vehicles, the National Authority shall have the power to order a recall of all the motor vehicles of a particular model where: (a) a defect in that particular model of motor vehicle that may cause harm to the driver or occupants of that motor vehicle or to other road users, or which renders that model non-compliant under this Act or which renders that model of motor vehicle unusable; or (b) a defect in a particular model of motor vehicle has been reported to the National Authority by a hundred or more people and the defect reported may cause harm to the driver or passengers of that model of motor vehicle or to other road users, or render that model of motor vehicle noncompliant with the provisions of this Act or render that model of motor vehicle unusable; or (c) the said model does not comply with the provisions and standards prescribed under the Act.

A manufacturer whose vehicles are subject to an order of recall under may be obliged to, in accordance with regulations specified by the National Authority: (a) compensate the buyers for the full value of the motor vehicle subject to such hire-purchase and lease-hypothecation agreement; or (b) replace or repair the defective motor vehicle with another motor vehicle of similar or better specifications which must be fully compliant with the provisions under this Act; and (c) pay such fines and other dues as may be specified in the regulations.

A manufacturer, as soon as it becomes aware of an electrical or mechanical or any other manufacturing defect in a particular model of motor vehicle, manufactured by it, that may cause harm to the driver or passengers of that motor vehicle or to other road users, or which renders that model of motor vehicle non-compliant under the provisions of this Act, is obliged to inform the National Authority of the defect and initiate a recall immediately upon becoming aware of such defect.

Any manufacturer who informs the National Authority of any electrical or mechanical or any other manufacturing defect in a particular model of motor vehicle, manufactured by it, that may cause harm to the driver or passengers of that motor vehicle or to other road users, or which renders that model of motor vehicle non-compliant under the provisions of this Act or renders that model of motor vehicle unusable, immediately upon becoming aware, shall not be subject to paying a fine.

 The procedure for recall shall be specified by regulations made by the Central Government.

Alteration of vehicles: No owner of a motor vehicle or a trailer or a semi-trailer or mobile machinery shall so alter the vehicle that the particulars contained in the certificate of registration change. The Central Government, may by notification, prescribe the permissible and impermissible alterations to a motor vehicle or a trailer or a semi-trailer or mobile machinery. The bill clarifies that the changing the colour of the vehicle shall not be considered as alteration to the motor vehicle or a trailer or a semi-trailer or mobile machinery. Nor will be an alteration where the owner makes modifications to part or whole of the engine of a vehicle to facilitate its operation by alternative vehicle fuel or sources of energy, by fitment of a conversion kit, or modification. But then such fitment or modification shall be carried out subject to such conditions as may be specified by the National Authority.

A vehicle owner may change engine or chassis of vehicle if procured from same manufacturer or from a manufacturer having a certificate of conformity for such engine or chassis of vehicle subject to such conditions as may be specified by the National Authority.

Where the colour of the vehicle has been changed or any alteration has been made by replacement of its engine or chassis, the owner of the vehicle shall, within fourteen days of the making of the alteration, report and update the alteration in the unified vehicle registration system with the specified fee in order that particulars of registration may be updated.

As for vehicles unfit for use, as a result of the vehicle being destroyed or has been rendered permanently incapable of use, the owner shall, within thirty days, report and update the fact in the unified vehicle registration system and shall forward to the competent registering authority the certificate of registration of the vehicle. The vehicle will then have to be disposed or recycled in such manner as may be specified by the National Authority. The National Authority shall make rules prescribing the responsibilities and liabilities of motor vehicle or trailer or semi-trailer or mobile machinery manufacturers for the scrapping and recycling of a motor vehicle or a trailer that has been destroyed or has been rendered permanently incapable of use.