Supreme Court Directs States/UTs To Frame Rules Under Motor Vehicles Act For Pedestrian Safety, Footpaths & Road Designs
The Supreme Court today (October 7) issued a series of final directions relating to the safety of pedestrians on roads and footpaths, including the wearing of helmets, wrong lane driving, and the use of unauthorised hooters on cars in a long-standing writ petition. It has directed the States and Union Territories to formulate Rules under Section 138(1A) the Motor Vehicles Act in the interest...
The Supreme Court today (October 7) issued a series of final directions relating to the safety of pedestrians on roads and footpaths, including the wearing of helmets, wrong lane driving, and the use of unauthorised hooters on cars in a long-standing writ petition.
It has directed the States and Union Territories to formulate Rules under Section 138(1A) the Motor Vehicles Act in the interest of road safety for the purpose of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways.
The States/UTs were also directed to make Rules under Section 210D for the design, construction and maintenance standards for roads other than national highways. All these Rules have to be formulated within six months.
A bench comprising Justice JB Pardiwala and Justice KV Viswanathan pronounced the order.
After pronouncing the order, Justice Pardiwala orally remarked that all now depends on how the guidelines are implemented.
Following directions have been issued:
Relating to foothpaths
The road owning agencies in 50 cities, as mentioned in the Report on Road Accidents, 2023, and the NHAI are directed to start an audit of existing footpaths. The said audit inter alia ought to identify the deficiencies in the existing footpaths, including the width, height, surface of the said footpaths, decide the remedial measures, including repair and road engineering improvement of the facilities, and fix a timeline for addressing the deficiencies.
Relating to pedestrian crossings
The existing pedestrian crossings must be carefully audited to ensure that they are compliant with the IRC Guidelines to the extent possible. The audit may begin with crowded intersections and thereafter other pedestrian crossings can be taken up.
The deficiencies and the shortcomings in the said pedestrian crossings should be identified and remedial time bound measures be undertaken. It shall additional focus on requirement of traffic calming measures as per IRC:35-2015 and IRC:67-2012, signage to indicate the existence of pedestrian crossings with high-visibility zebra marking, illumination of pedestrian crossing during night-time, road dividers, condition and safety of pedestrian subways and FOBs with upgradation measures including improved LED lightings, CCTV surveillance linked to command centres, clearly demarcated entry and exit points, panic buttoms connected to local police stations etc.
In school zones and other vulnerable corridors, authorities shall systematically identify high-risk stretches using accident data, and implement context specific measures such as raised crossings, zebra markings,traffic calming features, and deployment of trained crossing guard.
The Court has directed the road owning agencies in the 50 cities mentioned in Annexure 46 of the Report on Road Accidents, 2023 and the NHAI to draw up an action plan and start phase-wise survey to assess the requirement of additional pedestrian crossing facilities with priority given to Delhi High Court and the National Zoological Garden crossing on Mathura road.
Authorities shall examine pedestrian infrastructure at public transport nodes, including bus terminals, metro and railway stations, for conformity with IRC standards.
Grievance redressal mechanism
It is very important that a simple and effective grievance redressal mechanism is put in place by the landowning agencies i.e. PWD Department, Municipal Authorities and NHAI so that complaints pertaining to lack of maintenance of footpaths and the requirement of a pedestrian crossing, are addressed. State
Governments/Municipal Authorities/NHAI are directed to create an online grievance redressal mechanism regarding footpaths which would include complaints of encroachments on footpaths, maintenance of footpaths and also suggestions for pedestrian crossing.
Relating to wearing helmets
We direct all the State Governments, UTs and the NHAI to strictly implement the provisions of law relating to wearing helmets by two-wheeler drivers and passengers using two-wheelers. Strict enforcement of these rules should be ensured inter alia through e-enforcement mechanism i.e. cameras installed at various places. The mechanism available for the enforcement of the aforesaid violation shall be brought to the notice of this Court.
Relating to unlawful and wrongful lane driving
State transport departments, traffic police authorities, and urban local bodies shall take measures to enforce lane discipline by addressing unlawful or wrong-lane driving, including the use of automated cameras, graduated fines, coloured and textured lane markings (e.g., for bus and cycle lanes), dynamic lighting, rumble strips, and tyre killers at critical conflict points.
The development and publication of real-time dashboards on lane violations may also be explored to build public awareness, enhance compliance, and improve overall road safety.
Relating to white LED dazzling lights, red-blue strobe lights and unauthorised hooters
The MoRTH, State Transport Departments, and traffic police authorities shall prescribe maximum permissible luminance and beam angles for vehicle headlights and ensure compliance through checks during PUC testing and vehicle fitness certification, while conducting targeted drives to penalize non-compliant or modified headlights.
A complete ban on unauthorised red–blue strobe flashing lights and illegal hooters shall be enforced through seizure, market crackdowns, and penalties. Simultaneously, nationwide public awareness campaigns by MoRTH, state transport departments, and traffic police shall be conducted to sensitize drivers and pedestrians about the hazards posed by dazzling headlights, unauthorized strobe lights, and illegal hooters, thereby enhancing overall road safety.
In this long-standing writ petition, the Court has been issuing directions and guidelines to ensure the overall safety of pedestrians. In May, it held that the right to use footpaths and footways is an essential facet of the right to life under Article 21 of the Constitution of India. It asked States and UTs to make guidelines to make footpaths accessible and usable by persons with disabilities
Case Details: S.RAJASEEKARAN v UNION OF INDIA AND ORS. AND ORS.|W.P.(C) No. 295/2012
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