Uttarakhand HC Issues Multitude Of Directions To Enhance Road Safety, End Administrative Inaction Through Principles Of Paternalism

Certain mandatory directions were issued by a Single Judge Bench of Justice Rajiv Sharma of the Hon’ble Uttarakhand High Court on 6th July 2018:

A) The Transport Secretary to the state of Uttarakhand was directed to undertake a ‘road-safety audit’ of the entire State within a period of one month from the date of judgement and take remedial measures thereafter.

B) 73 enforcement teams for each Tehsil are to be established within the state to undertake the enforcement and implementation of Motor Vehicles Act, 1988 and the rules framed thereunder.

C) Further, the Transport Secretary is to install speed governors in every transport vehicle within a period of 3 months from the date of judgement on a ‘route specific’ basis to cover old as well as new buses.

D) G.P.S. is to be installed in every public transport bus within six months from the date of judgement. The washing of buses is to be effected on a day to day basis apart from maintaining hygiene inside the buses.

E) The State Government is directed to provide the transport department at least 100 breathe analyzers within one week from the date of judgement.

F) Further the State Government is directed to construct parapets, crash barriers and erect sign boards on all the 1000 vulnerable points within three months from the date of judgement.

G) All the crash guards, bull bars and flash lights are ordered to be removed from private vehicles in the state within one week of the judgement by Transport Department. The use of hooters/sirens in private vehicles is banned. Hooters/sirens can be used only by Ambulances, fire tenders and any vehicle going on salvage operation.

H) All the drivers and conductors should be in prescribed uniform and behave in a dignified manner with commuters especially women, children and elderly people. The fitness certificate to every public transport vehicle shall be issued only by the technical staff of the Transport Department.

I) The Transport Department is authorized to seize the mobile phones of those traffic rule violators who use mobile phone while driving temporarily for a period of 24 hours after issuing a valid receipt.

J) The display of designation/description of office and unauthorized emblems on government/private vehicles including those of executive and judicial officers is banned.

K) Writing of words like High Court, Army, Police, Journalists on private vehicles is also prohibited forthwith. This direction is to be implemented within 72 hours from the date of the judgement.

L) The State Transport Department is directed to deploy at least one Officer/Official between 7.00 a.m. to 10.00 a.m. and 3.00 p.m. to 6.00 p.m. to check overloading in school buses/vans.

M) “Traffic Awareness Centers” are to be established throughout the state within 3 months from the date of judgement to provide sufficient land for parking the seized vehicles by the Transport Department.