 the national  road  transport  safety and miscellaneous  provisions  bill, 2015 byshri rabindra kumar jena, mparrangement of clauses chapter  i preliminary clauses1 short title, extent and commencement 2 declaration 3 definitions 4 guiding principles to be followed in the administration of the act chapter  ii road safety, traffic management and related offences5 national unified information system 6 electronic road crash and offences system 7 universal road crash emergency access telephone number 8 unified driving licensing system 9 grant of driving license10 offences related to driving license 11 electronic enforcement of traffic regulations 12 bicyclist safety—protective headgear and conspicuity requirement 13 motorcyclist safety—protective headgear and conspicuity requirement 14 unauthorized sale of protective and conspicuity gear 15 three-wheeled vehicles—safety and conspicuity requirements 16 light motor vehicles: safety and conspicuity requirements 17 safety and conspicuity requirements for stationary vehicles 18 restriction of carriage of person by non-motorised transport 19 restriction of carriage of person on motor cycles 20 restriction of carriage of person in three-wheeled vehicles 21 seat belts for adults in motor vehicle 22 seat belts and seating requirements for children in motor vehicles 23 child restraint systems in vehicle 24 requirement to notify bus passengers to wear seat belts 25 prohibition of parking or abandoning of motor vehicles in certain places 26 prohibition of driving in certain places 27 duty to obey child zones 28 speed limits on roads other than restricted roads clauses29 offence of driving at excessive speed 30 offence of driving at excessive speed on restricted roads 31 speed management signs 32 right of way to emergency vehicles 33 maintenance of safe distance from pedestrians and non-motorized transport 34 driving which causes threat to public safety 35 prohibition on driving under the influence of alcohol or drugs 36 causing danger to road users 37 leaving vehicles in dangerous position 38 tampering with vehicles 39 holding or getting on to a vehicle in order to be towed or carried 40 offence of disrupting flow of traffic, etc 41 overloading 42 powers regarding vehicles suspected of overloading 43 powers to restrict use of vehicles in certain cases 44 power to place traffic signs 45 duty of driver in case of a crash and injury to a person 46 duty of driver to take certain precautions at unguarded railway level crossings 47 using vehicle in unsafe conditions 48 failure to comply with standards for road design, construction and maintenance 49 offences relating to certain communication devices chapter  iii general offences and investigation provisions50 general provisions regarding penalties 51 general provisions for driver penalty points scheme 52 driving uninsured vehicles 53 punishment for offences relating to a crash 54 punishment for abetment of certain offences 55 offences by companies 56 power to arrest without warrant 57 power to impound documents 58 disobedience of orders, obstruction or causing death or injury of a person enforcingthe act59 impairment test 60 breath test 61 clinical test 62 presumption of unfitness to drive 63 penalty for offence committed by an enforcing authority 64 compounding of certain offences 65 summary disposal of cases 66 power of national road safety authority to amend schedules (iii) chapter  iv national road safety authority clauses67 constitution of national road safety authority 68 appointment of chairperson and other members 69 conditions of service of chairperson and other members 70 resignation and removal of chairperson and other members 71 restrictions on employment 72 officers and employees of the national road safety authority 73 term of office of chairperson and members 74 members to act as chairperson or to discharge his functions in certain circumstances 75 vacancies etc not to invalidate the proceedings of the national road safety authority 76 objectives and duties of the national road safety authority 77 regulations and other functions of the national road safety authority 78 proceedings of the national road safety authority 79 process of making regulations 80 emergency regulations making 81 functions of the chairperson 82 technical working groups 83 procedure for appointing technical working groups 84 delegation of powers of the national road safety authority 85 constitution of national road crash victim compensation fund 86 central government to provide requisite sums 87 maintenance of accounts 88 budget 89 annual and special reports chapter  v state road safety authority90 constitution of state road safety authority 91 composition of state road safety authority 92 appointment of chairperson and other members 93 conditions of service of chairperson and members 94 resignation and removal of chairperson and members 95 restrictions on employment 96 officers and employees of the state road safety authority 97 term of office of chairperson  and members 98 member to act as chairperson or to discharge his functions in certain circumstances 99 vacancies, etc, not to invalidate the proceedings of the authority100 functions of state safety authority 101 national road safety authority to perform functions in certain cases 102 power of national road safety authority to issue directions clauses103 constitution of state road safety fund 104 maintenance of accounts by state authorities 105 budget of the state authorities 106 annual and special reports of state authorities chapter  vi miscellaneous107 act to have overriding effect 108 application of certain laws 109 power of central government to make rules 110 power to remove difficulties bill no 248  of 2015 the national road transport safety and miscellaneous provisions bill, 2015 byshri rabindra kumar jena, mpa billto significantly reduce the high number of road accidents resulting in deaths and injuries by establishing a protective framework for all class of road users, including vulnerable road users; fixing accountability on and establishing minimum safety standards for road users, owners and vehicle manufacturers;enhancing enforcement and improving over-all road discipline and for matters connected therewith or incidental theretowhereas the constitution of india guarantees right to life with dignity to all people;and whereas approximately 14 lakh people are killed on indian roads every year; and whereas it is necessary to safeguard the health and prosperity of innocent civilians by establishing a safe system where the number of fatalities and serious injuries caused by accidents are significantly reduced in the long termbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter  i preliminary(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdeclaration2 it is hereby declared that it is expedient in public interest that union should take road transport under its controldefinitions53 in this act, unless the context otherwise requires,—(a) "ambulance" means a vehicle specially designed, constructed or modified and equipped and intended to be used for emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated;10(b) "certificate of registration" means the certificate issued under the motor vehicles act, 1988 by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the said act;(c) "company" means a company incorporated under the companies act, 2013or under any previous company law;15(d) "community service" means a requirement of unpaid work under such terms as may be specified by the national road safety authority imposed on a person who has committed an offence under this act;(e) "driver" means any person who drives or steers a motor vehicle;20(f) "driving licence" means the licence issued under the motor vehicles act,1988 authorizing a person to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified type or class;(g) "drug" includes any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt or preparation of such substance or material as specified by the national road safety authority;25(h) "emergency vehicle" means a transport vehicle used solely for police, fire brigade or ambulance purposes;(i) "goods" means any kind of movable property and includes livestock but does not include persons and their personal effects;explanation—motor vehicles being transported on another motor vehicle shall also be considered as goods30(j) "gross vehicle weight", in respect of any vehicle, means the maximum weight of the vehicle in laden condition as specified by the manufacturer and certified by the type approving authority;35(k) "heavy motor vehicle" means any motor vehicle the gross vehicle weight of which exceeds twelve thousand kilograms or as specified by the national road safety authority;(l) "licensing authority" means an authority empowered by the national road safety authority to issue licences under this act;(m) "light motor vehicle" means a motor vehicle, the gross vehicle weight of which does not exceed seven thousand five hundred kilograms or as specified by the national road safety authority;40(n) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;45(o) "mobile machinery" means heavy equipment or construction equipment or earth moving equipment except shop or hand tools, which is self-propelled, towed, or hauled and used primarily in construction and maintenance of roads, bridges, ditches, buildings and land reclamation or as specified by the national road safety authority;(p) "motor cycle" means a two-wheeled motor vehicle,  including a sidecar with an extra wheel which may be attached;5(q) "motor vehicle" or "vehicle" means any mechanically propelled vehicle used in any place whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer or a semi-trailer or mobile machinery; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or such vehicles as may be notified by the national road safety authority from time to time;(r) "national road safety authority" means the national road safety authority established under section 67;10(s) "non-motorised transport" means any mode of transport that is propelled or powered by muscular power of either human beings or animals and excludes pedestrians;15(t) "owner" in relation to a motor vehicle means the person in whose name a motor vehicle stands registered and where such person is a minor, the guardian of such minor; and in relation to a motor vehicle which is the subject of a hire-purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; or in respect of an unregistered vehicle, the person in possession or control of the vehicle; or a vehicle manufacturer or dealer or importer till such time the vehicle is registered;20(u) "passenger" is a person who travels in a vehicle but bears little or no responsibility for the tasks required for that vehicle to arrive at its destination or otherwise operate the vehicle;(v) "passenger vehicle" means any motor vehicle constructed or adapted for use for the carriage of passengers and their personal luggage;25(w) "permit" means a document issued under this act authorizing the use of motor vehicles as a transport vehicle;30(x) "private service vehicle" means a motor vehicle constructed or adapted to carry passengers and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public transportation;(y) "property" includes goods carried in the motor vehicle, personal effects of passengers, as well as roads, bridges, culverts, causeways, trees, posts and milestones;(z) "protective headgear" includes any equipment or device, including helmets, primarily intended to protect the wearer's head against impact in the event of a collision;35(za) "public place" means a road, street, way or other place, whether athoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down;40(zb) "road safety" means the set of practices which identify those problems thatcontribute to crashes or injuries and includes methods and measures for reducing the risk of a road crash death or injuries sustained in a crash in a public place including but not limited to driver education regarding responsible road sharing and protection of vulnerable road users, enforcement of traffic laws, manufacture of vehicles with inbuilt high safety standards, construction of safe roads and provision of emergency road services;45(zc) "restricted road" includes a road on which a speed limit applies or has arestriction on the types of vehicles which may ply on that road or has been notified by the appropriate authority to be a restricted road;50(zd) "road crash death" means the death of any person who dies within thirtydays or such time period as may be specified by the national road safety authority, as a result of injuries sustained due to a crash caused by a motor vehicle in a public place;(ze) "semi-trailer" includes a vehicle without motive power designed to be drawn by a motor vehicle or truck tractor or a prime mover and so constructed that an appreciable part of its weight and that of its load rests on and is carried by the motor vehicle or truck tractor, and a pole trailer;5(zf) "state road safety authority" means the state road safety authority established under section 90;(zg) "technical working groups" means the working groups established under section 82;10(zh) "three-wheeled vehicle" means a motor vehicle having three wheels designed, constructed or adopted for the carriage of persons and/or goods, but does not include a two-wheeler attached with a sidecar or a two-wheeler adapted for use by differently abled persons;(zi) "traffic" on roads includes motor vehicles, pedestrians, non-motorized transport and other vehicles, either singly or together;15(zj) "traffic signs" includes all signals including manual signals, warning sign posts, direction posts, markings on the road or other devices for providing information, guidance or direction to any user of the road;(zk) "trailer" includes, a vehicle without motive power designed to be drawn by or used in conjunction with a motor vehicle except—20(a) a boat, horse, snowmobile, automobile or motorcycle trailer that is not used for business purposes or financial gain;(b)  an implement of animal husbandry; (c) a sidecar attached to a motorcycle; and (d) a disabled motor vehicle that is towed by a tow car25(zl) "transport vehicle" means a motor vehicle used for carriage of passengers for hire or reward or a goods vehicles or a trailer or a semi-trailer or mobile machinery but does not include a private service vehicle;30(zm) "two-wheeler" means a two wheeled motor vehicle with or without a detachable sidecar with one or more wheels and includes a two-wheeler adapted for use by differently-abled person;35(zn) "unladen weight" means the weight of a vehicle or a trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body;(zo) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests404 the central government, the state governments, the national road safety authority, the state safety authorities and other agencies, as the case may be, while implementing the provisions of this act shall be guided by the following principles, namely:—guiding principles, to be followed in administration of the act(a) the desirability to facilitate the seamless movement of people, goods and services by way of motor vehicles throughout the territory of india;(b) the advantages offered to the public by the development of road transport and systems of public transportation;(c) the development of technology, its adoption, and innovation in motor vehicles and road transport;(d) the necessity to ensure public safety; (e) the necessity to protect public health; (f) the desirability of reducing the incidence and severity of road trauma; (g) the desirability of preventing the deterioration of the road network;5(h) the desirability to foster transparency and eliminate corrupt practices chapter ii road safety, traffic management and related offences5 (1) a national unified information system shall be developed and maintained by the national road safety authority for the entire country for ensuring road safetynational unified information system10(2) without prejudice to the generality of the foregoing provision, the national unified information system shall include information relating to—(a) the registration of motor vehicles and the renewals of such registrations; (b) the information of manufacturers, including chassis number and engine numberof motor vehicles either manufactured in india or registered in indiá;15(c) the details of insurance policies of motor vehicles registered in india; (d) the certificates of fitness and pollution under control certificates; (e) the issuance and renewal of driving licences; (f) traffic offences committed along with penalties imposed on the holders ofdriving licences and registered motor vehicles;(g) road crashes involving motor vehicles20(3) the system shall be developed to ensure that the payment of monies and the distribution of revenue to the states and the local government is facilitated in a seamless manner and protects against revenue leakage25(4) notwithstanding anything contained in any other law, the national road safety authority shall have the power to call for information from any person in possession, control or ownership of such information, including the state governments, competent licensing authorities, competent registering authorities, motor vehicle manufacturers and such person shall be obliged to submit the said information forthwith30(5) every motor vehicle manufacturer shall be obliged to provide details including the unique chassis number assigned by it to each vehicle it manufactures to the national road safety authority for the purpose of developing and maintaining the national unified information system and in such format and manner as may be specified by the national road safety authority35(6) whoever fails to provide information to the national road safety authority shall be committing an offence under this act which shall attract penalty in accordance with schedule ii6 (1) an electronic road crash and offences system shall be designed and developed by the national road safety authority within two years from the date of the commencement of this act and shall be implemented within one year of its developmentelectronic road crash and offences system40(2) the electronic road crash and offences system shall be designed to—(a) enable the submission of data on road crashes and offences either electronically or at any police station in the country; and(b) facilitate the collection of uniform standardized information regarding road crashes and offences7 (1) the national road safety authority shall establish a toll-free nation-wide road crash emergency access telephone number for the entire country to enable persons involved in a road crash or any other person to alert and access first-response emergency services that shall provide emergency services including golden-hour trauma careuniversal road crash emergency access telephone number5(2) the central government, state government and state safety authority shall ensure, through appropriate regulations or orders or directives, that all emergency services are coordinated in their response to road crashes via the said nation-wide road crash emergency access telephone number10(3) the national road safety authority shall make regulations specifying the form and manner in which such nation-wide road crash emergency access telephone number is established and operated8 (1) a unified driving licensing system shall be designed and developed by the national road safety authority within six months from the date of the commencement of this act and shall be implemented within one year of its developmentunified driving licensing system15(2) without prejudice to the generality of the above provision, the unified driving licensing system shall—(a) enable the submission of applications for different types of driving licences from anywhere in the country both electronically or before any competent licensing authority in the country;20(b) facilitates collection of uniform standardized information including biometric or any other equivalent unique identification technology identified by the national road safety authority;(c) facilitate collection of such information as may be necessary to verify whether the applicant for a driving licence has a valid and operating bank account;25(d) facilitates grant of licence in a transparent and time bound manner; and (e) enable electronic payment of the fees as prescribed by the national road safety authority in consultation with the central and the state government for issuance of driving licence30(3) the national road safety authority in consultation with the state safety authorities shall establish licence seva kendras in all the states to deliver licence services to citizens in a timely, transparent, more accessible and reliable manner and in a comfortable environment through streamlined processes and trained workforce9 (1) the national authority shall lay down the detailed requirements for the issuance of driving licence, including mandatory driver training and competence testsgrant of driving licence35(2) notwithstanding the generality of the provision under sub-section (1), no person shall be granted a driving licence unless—(a) that person is medically fit to hold that category of licence and the criteria for fitness shall be as prescribed by the national road safety authority;40(b) that person has undergone mandatory driver's training in the manner and atan institution as prescribed by the national road safety authority; and(c) that at some time in the three months prior to the date of application, that person has passed the specified tests of competence to drive: provided that the national authority shall also prescribe the procedure for renewal of driving licence4510 (1) any person who, while holding any valid driving licence, attempts to obtain any other driving licence except as provided under this act, shall be punishable in accordance with schedule iioffences related to driving licence(2) any person who, while holding any valid driving license, obtains any other driving license except as provided under this act, then both such licenses issued to that person shall be deemed to be invalid(3) any person who, while holding any valid driving license, holds any other driving license except as provided under this act shall be punishable in accordance with schedule ii5(4) any person who, being disqualified under this act for holding or obtaining a driving license, drives a motor vehicle in any place, or applies for or obtains a driving license, shall be punishable in accordance with schedule ii10(5) any person who, not being entitled to have a driving license issued to such person free of endorsement, applies for or obtains a driving license without disclosing the endorsement made on a driving license previously held by such person, shall be punishable in accordance with schedule ii and may have to undergo compulsory refresher training15(6) whoever, being the owner or the driver of a motor vehicle, or the person under whose instructions the driver of a motor vehicle, knowingly causes or permits a minor to drive that vehicle shall be punishable in accordance with schedule ii11 (1) the state government shall prescribe electronic enforcement of road safety and traffic regulations for any urban city within the state, which has a population above the limit prescribed by the central governmentelectronic enforcement of traffic regulations20(2) for the purposes of this section, the national road safety authority shall make regulations for electronic monitoring and enforcement for road safety, which may include speed cameras, cctv cameras, speed guns and other similar, progressive technology that achieves the objectives specified by the national road safety authority2512 (1) the national road safety authority shall make regulations specifying the protective gear and conspicuity requirements including types of helmets, reflector material and jackets, required for affording protection to persons on bicycles from death or injury in the event of a crashbicyclist safety- protective headgear and conspicuity requirements(2) a person who is riding a bicycle without wearing protective headgear or in contravention of regulations under this section shall be guilty of an offence under this act and be punished in accordance with schedule ii30(3) in case the offence under sub-section (2) is committed by a driver, the person shall be awarded penalty points in accordance with schedule iexplanation—for the purposes of this section and section 13, "helmet" includes any head-dress as specified by the national road safety authority35(4) the central government shall ensure that adequate financial assistance is provided to the manufacturers of protective headgear and conspicuity requirements for bicycles so as to make such gear affordable to bicycle users4013 (1) the national road safety authority shall make regulations specifying the protective gear and conspicuity requirements, including types of helmets, daytime running lights, reflectorizing material, reflector, jackets and visors, required to afford protection to persons on motor cycles of all classes, from death or injury in the event of a crashmotorcyclist safety- protective headgear and conspicuity requirements(2) a person who drives or rides a motor cycle without protective gear or in contravention of regulations under this section shall be guilty of an offence under this act and be punished in accordance with schedule ii:provided that if the person actually committing the contravention is a child under the age of sixteen years, the owner shall be held guilty of the offence:45provided further that the requirement for protective headgear imposed by regulations under this section shall not apply to any follower of the sikh religion(3) in case the offence under sub-section (2) has been committed by the driver, the person shall be awarded penalty points in accordance with schedule i5explanation—for the purposes of this section "daytime running lights" include headlamps or lights switched on during the day in order to increase visibility and conspicuity of the vehicle14 if a person sells, or offers for sale, any protective or conspicuity gear, as specified by the national road safety authority (by reference to shape, construction or any other quality) in sections 12 and 13 for affording such protection and the gear is not—(a) of a type specified under sections 11 and 12; orunauthorized sale of protective and conspicuity gear10(b) of a type authorized under regulations made under sections 12 and 13 such person shall be guilty of an offence and shall be punished in accordance with schedule ii:15provided a person shall not be convicted of an offence under this section in respect of the sale or offer for sale of any protective or conspicuity gear if that person proves that such protective or conspicuity gear was sold or offered for sale solely for export purposesthree wheeled vehicles safety and conspicuity requirements2015 (1) the national road safety authority shall make such regulations specifying the safety and conspicuity requirements including fog lights and tail lights, retro-reflective material, or other requirements for poor or dense weather conditions, as may be required to afford protection to persons on or in three wheeled vehicles of different classes, from death or injury in the event of crash(2) whoever, while driving a three wheeled vehicle contravenes the provisions of subsection (1) shall be punished in accordance with schedule ii, and shall be awarded penalty points in accordance with schedule i25light motor vehicles: safety and conspicuity requirements16 (1) the national road safety authority shall make such regulations specifying (by reference to shape, construction or any other quality) the safety and conspicuity requirements including air-bags, daytime running lights and reflectorizing material as may be necessary to afford protection to persons on or in light motor vehicles of different classes, from death or injury in the event of a collision30(2) whoever, while driving a light motor vehicle contravenes the provisions of sub-section (1) shall be punished in accordance with schedule ii, and shall be awarded penalty points in accordance with schedule i35safety and conspicuity requirements for stationary vehicle17 (1) the national road safety authority shall make such regulations specifying (by reference to shape, construction or any other quality) the safety and conspicuity requirements including, but not limited to daytime running lights, tail lights or fog lights, retro-reflective material and barricading requirements in case of vehicles being stationary on the road, as may require to afford protection to persons on or in, or from transport vehicles of different classes, from death or injury in the event of a crash(2) whoever, while driving a transport vehicle contravenes the provisions of sub-section (1) shall be punished in accordance with schedule ii, and shall be awarded penalty points in accordance with schedule i4018 (1) no person shall conduct carriage on a road or riding of or carriage in nonmotorized transport of persons more than such number as may be specified by the national road safety authorityrestriction of carriage of persons on nonmotorized transport45(2) if a person is carried on or in non-motorised transport in contravention of subsection (1), the driver shall be guilty of an offence under this act and punished in accordance with schedule ii| 19            ||----------------|| cycle         || restriction of || carriage of    || persons on     || motor          || cycles        |5(2) no person or animal in addition to the driver may be carried on a motor cycle otherwise than sitting on a proper seat securely fixed to the motor cycle either being behind the driver's seat or being a combined seat(3) if a person or animal is carried on a motor cycle in contravention of this section, the driver of the motor cycle shall be guilty of an offence under this act and shall be punished in accordance with schedule ii and shall be awarded penalty points in accordance with schedule i1020 (1) not more than the specified number of persons as may be provided by thenational road safety authority shall be carried on a road in a three-wheeled vehiclerestriction of carriage of persons in three-wheeled vehicles(2) if a person is carried in a three-wheeled vehicle in contravention of sub-section (1), the owner and the driver of the three-wheeled vehicle shall be guilty of an offence under this act15explanation—in this section, references to a person carried in a three-wheeled vehicleincludes references to persons driving the  three-wheeled vehicle21 (1) a person who drives or rides in a motor vehicle without wearing a seat belt or in contravention of regulations under this section shall be guilty of an offence under this act and shall be punished in accordance with sechedule ii:seat belts for adults in a motor vehicle20provided that no person other than the person actually committing the contraventionshall be guilty of an offence by reason of the contravention(2) in case the offence under sub-section (1) is committed by a driver, the person shall also be awarded penalty points in accordance with schedule i(3) the national road safety authority may by regulations specify:25(a) the description of seat belts to be worn; (b) different requirements in relation to different classes of vehicles, differentdescriptions of persons, including those with disabilities or with special heatlh requirements, and different circumstances; and30(c) any exceptions to sub-section (1), and  may require persons seeking suchexception to obtain a certificate, which, in certain cases, may be issued for a specified fee (4) if the holder of a certificate under clause (c) of sub-section (3) is informed by apolice officer that the person may be prosecuted for an offence under sub-section (1), theperson shall not be entitled to rely on the exception afforded by the certificate in proceedings for that offence unless:35(a) the certificate is shown to the police officer at the time that person is so informed; or(b) the certificate is produced—(i) to the police officer within seven days after the date on which theperson is so informed; or40(ii) as soon as reasonably practicable, at such police station as the personmay have specified to the police officer; or(c) the person proves before the day on which the proceedings commence that it was not reasonably practicable for him to produce the certificate within the time specified on  a day(5) for the purposes of sub-section (4), the service of the complaint on the accused shall be treated as the commencement of the proceedings5seat belts and seating requirements for children in motor vehicles22 (1) except as provided by regulations, a parent or guardian of the child, or in the absence of such parent or guardian, the driver of the motor vehicle shall not allow a child below the age of eight years to occupy the front seat of a motor vehicle when the vehicle is in motion in case of contravention, the driver shall be punished in accordance with schedule ii and shall be awarded penalty points in accordance with schedule i10(2) except as provided by regulations, where a child  above the age of eight years occupies the front seat of a motor vehicle, a person shall  not drive the vehicle on a road unless the child is wearing a seat belt or child restraint system in conformity with regulations in case of contravention, the driver shall be punished in accordance with schedule ii and shall be awarded penalty points in accordance with schedule i15(3) except as provided by regulations, where a child under the age of fourteen years is in the rear of a motor vehicle, a person shall not drive the vehicle on a road unless the child is wearing a seat belt or child restraint system in conformity with regulations in case of contravention, the driver shall be punished in accordance with schedule ii and shall be awarded penalty points in accordance with schedule i20(4) except as  provided by regulations, a person shall not drive the passenger car on a road in cases where a child of the specified description is in the rear of the passenger car when:(a) no seat belt is fitted in the rear of the passenger car; and (b) a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person25(5) regulations made for the purposes of sub-section (2) or (3) above shall include an exemption for any child holding a valid certificate signed by a medical practitioner, in the form and manner specified by the national road safety authority, to the effect that it is not advisasble on medical grounds for that child to wear a seat belt30(6) if the driver of a motor vehicle is informed by a police officer that the person may be prosecuted for an offence under this section, the person is not entitled to rely on an exception afforded to a child by a certificate referred to in sub-section (5) in proceedings for that offence unless:(a) the certificate is shown to the police officer at the time such person is so informed; or35(b) the certificate is produced to the police officer within seven days after the date on which such person is so informed; or(c) the person proves before the day on which the proceedings commence that it was not reasonably practicable for him to produce the certificate within the time specified on a day40(7) for the purposes of sub-section (6), the service of the complaint on the accused shall be treated as the commencement of the proceedingschild systems in vehicles23 (1) the national road safety authority shall make regulations specifying the types of equipment of any description to which this section applies that are required as conducive to the safety, in the event of a collision or a sudden stop, for specified categories of children in specified classes of motor vehicles45(2) regulations under this section may specify types of child restraint systems required for children under a certain weight and height(3) regulations under this section may make provision for securing that when equipment of a type specified by the regulations is sold or offered for sale, as equipment which is so conducive,—5(a) appropriate information is provided in relation to it in such manner as may bespecified; and(b) inappropriate information is not provided in relation to it(4) except in such circumstances as may be specified, if a person sells, or offers for sale, equipment of any description for which a type is specified under this section as equipment which is so conducive and that equipment:10(a) is not of a type so specified; or (b) is sold or offered for sale in contravention of regulations under this section, that person shall be, subject to sub-section (6), guilty of an offence and punishedin accordance with schedule ii15(5) except in such circumstances as may be specified, if a person sells, or offers for sale, equipment of any description for which a type is specified in this section as equipment conductive to the safety, in the event of a crash,—(a) of children not a category specified in relation to equipment of that type; or (b) of children in motor vehicles not of a category specified in relation toequipment of that type;20that person shall be, subject to sub-section (6), guilty of an offence and punished inaccordance with schedule ii(6) a person shall not be guilty of an offence under this section in respect of the sale or offer for sale of equipment if the person proves that it was sold or, as the case may be offered for sale for export25(7) regulations under this section may make different provisions  in relation to different circumstancesexplanation—references in this section to selling or offering for sale include references to letting on hire and offering to let on hire3024 (1) the operator of a bus in which any of the passenger seats are equipped with seat belts shall take all reasonable steps to ensure that every passenger is notified of the requirement to wear a seat belt at all times when—requirement to notify bus passengers to wear seat belts(a) the passenger is in a seat equipped with a seat belt; and (b) the bus is in motion35(2) for the purposes of sub-section (1), a passenger may be notified by means of an official announcement or an audio-visual presentation or pictorial symbol of the form as specified(3) an operator who fails to comply with provisions of sub-section (1) shall be guilty of an offence and punished in accordance with schedule ii40(4) where an offence under sub-section (3) is committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in such a capacity, that person as well as the company shall be guilty of the offence and liable to be proceeded against and punished accordingly45(5) sub-section (1) shall not apply in relation to a bus:(a) which is being used to provide a local service in a built-up area; or (b) which is constructed or adapted for the carriage of standing passengers and on which the operator permits standing as per the regulations specified by national road safety authority5(6) for the purposes of clause (a) of sub-section (5), a local service is provided in a built-up area if the entire route used by that service consists of restricted roads1025 (1) a person shall be guilty of an offence and punished in accordance with schedule ii, along with being awarded penalty points in accordance with schedule i if such person parks or abandons a motor vehicles (as specified in regulations made by the national road safety authority) on any road including:—(a) on the verge of a road; or prohibition of parking or abandoning of motor vehicles in certain places(b) on any land situated between two carriageways and which is not a footpath or a cycle track; or(c) on a footpath; or15(d) on a cycle track:provided that a person shall not be convicted of an offence under this section in respect of a vehicle if that person proves to the satisfaction of the court that—(a) it was parked or abandoned in accordance with permission given by an authorized person; or20(b) it was parked or abandoned in contravention of this section for the purpose of saving life or extinguishing fire or meeting any other like emergency; or25(c) the vehicle was owned or operated by a highway authority or by a person discharging functions on behalf of a highway authority and was driven in contravention of that sub-section in connection with the carrying out by or on behalf of that authority of any of the following, that is—(i) cleaning, maintenance or improvement; or (ii) maintenance or alteration of any structure or other work situated in, the cycle track or path or their verges; or30(iii) preventing or removing of obstructions to the cycle track or the footpath; or(iv) preventing or abating in any other way of nuisances or other interferences with the cycle track or footpath (d) it was parked or abandoned in contravention of this section but the following conditions were satisfied—35(i) that the vehicle was parked on the verge of a road or on a footpath for the purpose of loading or unloading with adequate warning signs, barricading and other safety measures as specified by the national road safety authority;(ii) that the loading or unloading of the vehicle could not have beensatisfactorily performed if it had not been parked on the footpath or verge; or40(iii) that the vehicle was not left unattended at any time while it was soparked and had adequate warning signs, barricading and other safety measures as specified by the national road safety authority4526 (1) any person who, without lawful authority, drives a motor vehicle wholly or partly on a cycle track or a footpath shall be guilty of an offence and punished in accordance with schedule ii along with being awarded penalties in accordance with schedule iprohibition of driving in certain places(2) a person shall not be convicted of an offence under sub-section (1) with respect to a vehicle if the person proves to the satisfaction of the court that—(a) the vehicle was driven in contravention of that sub-section for the purposeof saving life, or extinguishing fire or meeting any other like emergency; or5(b) that the vehicle was owned or operated by a highway authority or by aperson discharging functions on behalf of a highway authority and was driven in contravention of that sub-section in connection with the carrying out by or on behalf of that authority of any of the following, that is,(i) cleaning, maintenance or improvement; or10(ii) maintenance or alteration of any structure or other work situated in,the cycle track or footpath or their verges; or(iii) preventing or removing of obstructions to the cycle track or thefootpath; or15(iv) the preventing or abating in any other way of nuisances or otherinterferences with the cycle track or footpathduty to obey child zones27 every person shall conform to and obey any indication of a child zone, as specified by the national road safety authority and shall comply with all directions given to that person by any police officer, or other authorized person, for the time being engaged in regulation and surveillance of a child zone20explanation—"child zone" in this section means a specified area, as notified by the state safety authority in conformity with regulations specified by the national road safety authority, frequented by children including spaces outside schools, parks or specified times in the day, where the traffic shall be regulated through interventions including speed limits, engineering interventions and other measures to ensure the safety of children2528 (1) the traffic authority through an order made under this sub-section mayprohibit—speed limits on roads other than restricted roads(a) the driving of motor vehicles on that road at a speed exceeding that specifiedin the order;30(b) the driving of motor vehicles on that road at a speed exceeding that specifiedin the order during periods specified in the order; or(c) the driving of motor vehicles on that road at a speed exceeding the speed forthe time being indicated by traffic signs in accordance with the order(2) an order made by virtue of clause (c) of sub-section (1) may—35(a) make provision restricting the speeds that may be indicated by traffic signsor the periods during which the indications may be given; and(b) provide for the indications to be given only in such circumstances as may bedetermined by or under the order; but any such order must comply with regulations made under sub-section (3),  except where the state government authorizes otherwise in a particular case40(3) the state government may make rules governing the provision which may be madeby orders of local authorities under clause (b) of sub-section (2) and any such rules may in particular—(a) prescribe the circumstances in which speed limits may have effect by virtueof an order;45(b) prescribe the speed limits which may be prescribed in an order; and (c) make transitional provision and different provisions for different cases(4) while an order made under clause (a) of sub-section (1) is in force with regard to a road, that road shall not be a restricted road for the purposes of section 30 of this act(5) for the purposes of this section a "traffic authority" means an authority that manages and regulates traffic under this act529 (1) a person who drives a motor vehicle of any class in contravention of the speed limits referred to in section 28, shall be punishable in accordance with schedule ii and shall be awarded penalty points in accordance with schedule i for each offence so committedoffences of driving at excessive speed10(2) whoever causes a person who is in his employment or under his control when driving a motor vehicle to drive the vehicle in contravention of the speed limits referred to in section 28, shall be punishable in accordance with schedule ii15(3) the publication of a time-table or log book, or the giving of any direction electronically as per which any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the court, is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 28, be prima facie evidence that the person who published the time table or log book or gave the direction electronically has committed an offence punishable under sub-section (2)20(4) any person who commits an offence under this section may also have his license suspended or revoked subject to the penalties mentioned in schedule ii, and may have to undergo compulsory refresher training for renewal of licenses:25provided that no statutory provision imposing a speed limit on motor vehicles shall apply to any designated emergency vehicle on an occasion when it is being used for firelighting and rescue purposes, ambulatory purposes, disaster response or police purposes, if the observance of such provision is likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion30 (1) a person who drives a motor vehicle on a restricted road at a speed exceeding the speed limit specified for such roads shall be guilty of an offence and punished in accordance with schedule ii, along with being awarded penalty points under schedule i(2) the traffic authority for a road may direct that the road—offence of driving at excessive speed on restricted roads30(a) which is a restricted road for the purposes of this act shall cease to be a restricted road; or(b) which is not a restricted road shall be a restricted road for the purposes of this act35(3) for the purposes of this section a "traffic authority" means an authority that manages and regulates traffic under this actspeed management signs4031 (1) for the purpose of ensuring that adequate guidance is given to drivers of motor vehicle as to whether any, and if so, what, limit of speed is to be observed on any road, it shall be the duty of the state government, in the case of a road for which that person is the traffic authority, to place and maintain speed management signs in such positions as may be requisite for that purpose(2) in the case of any other road, the local traffic authority may issue an order in writing—45(a) to place and maintain such number of traffic signs in such positions as may be requisite in order to give effect to general or other directions given by the state governments for the purpose mentioned in sub-section (1); and(b) to alter or remove traffic signs as may be requisite in order to give effect to such directions, either in consequence of the making of any order by the state government or otherwiseright of way to emergency vehicles532 (1) notwithstanding anything contained under any other law, upon the approachof an emergency vehicle equipped with, and operating, one or more flashing, rotating, or oscillating red or blue lights, visible under normal conditions from a distance of five hundred feet to the front of such vehicle; or the driver is giving audible signal by siren, exhaust whistle, or bell, the dirver of every other vehicle, including vip vehicles and vip convoys shall yield the right-of-way, immediately drive to a position parallel to, and as close as possible to, the edge or curb of the road clear of any inter section, and stop and remain in such position until the emergency vehcile has passed, except when otherwise directed by a police officer or firefighter10(2) no operator of any vehicle, unless he is on official business, shall follow anyemergency vehicle being operated in conformity with the provisions of sub-section (1) closer than five hundred feet, nor shall he drive into, or park the vehicle into, or park the vehicle within, the block where the vehicle has stopped in answer to an emergency call or alarm unless he is directed otherwise by a police officer or firefighter15(3) no motor vehicle shall be driven over any unprotected hose of a fire departmentwhen the hose is laid down on any street, private driveway, or track for use at any fire or fire alarm unless the fire department official in command consents that the hose be driven over20(4) this section does not operate to relieve the person who drives an emergency vehicle from the duty to operate the vehicle with due regard for the safety of all persons using the roads(5) whoever, being the driver of a motor vehicle or the person under whose instructions a motor vehicle is being operated, knowingly causes or permits a violation of sub-sections (1), (2) and (3), shall be punishable in accordance with schedule ii, shall be awarded penalty points in accordance with schedule i2533 (1) a person who drives a motor vehicle shall maintain a safe distance to an extent,as specified by the national road safety authority, while overtaking or passing non-motorized transport or pedestrian, on restricted roads(2) a person who drives a motor vehicle in contravention of sub-section (1), shall be guilty of an offence, except if:maintenance of safe distance from pedestrains and nonmotorized transport30(a) it was necessary to do so to ensure safety of passengers in the motorvehicle; or(b) to avoid a collision on the road35driving which causes threat to public safety4034 whoever drives a motor vehicle in a manner which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons and property near roads, which includes driving against the authorized flow of traffic, dangerous passing and overtaking, including by authorized convoys with escort vehicles, convoy of private service vehicles and vehicles carrying personal security officers in the convoy, driving dangerously and dangerous driving with children on board, having regard to all the circumstances including the nature, condition and use of the place where the vehicle is driven and the volume of traffic at the time or which might reasonably be expected to be at such place even if such person is within the limits of speed for  particular road, shall be punishable for each mentioned offence, in accordance with schedule ii, and shall be awarded penalty points in accordance with schedule i35 (1) no person shall drive a motor vehicle under the influence of alcohol and the national road safety authority may make additional regulations in this regard45prohibition on driving under the influence of alcohol or drugs(2) a person shall be punishable in accordance with schedule ii, along with being awarded penalty points under schedule i, if while driving, or attempting to drive a motor vehicle, such person is found to have alcohol in his breath or blood on an impairment test or on a test by a breath analyser or any other test including clinical test(3) the central government, in consultation with the state government and the national road safety authority, shall develop a liquor vending policy to regulate the placement of or abolition thereof, of liquor vends adjacent to national highways5(4) a person who, while driving, or attempting to drive a motor vehicle, is under the influence of a narcotic, or a psychotropic substance or a drug or a prescription drug as prescribed by the central government in this behalf, by notification, shall be punishable in accordance with schedule ii, if—10(a) the person does not complete a compulsory impairment test in a manner satisfactory to a police officer under section 59, provided that any such police officer should be trained to give such test in the manner specified by the national road safety authority; and(b) the person's blood or urine, as ascertained from an analysis through a clinical test subsequently taken under section 61 contains evidence of the use of a drug or drugs as specified by the national road safety authority15(5) a police officer may arrest a person without warrant if the person refuses or fails to comply with provisions of sections 60 or 61(6) any driver of a motor vehicle, carrying a child or children in the vehicle, who violates sub-section (1) or sub-section (4), shall be punishable in accordance with schedule ii, and subjected to an immediate cancellation of license for a period of three years20(7) any person who drives a transport vehicle or a heavy motor vehicle and violates sub-section (1) or sub-section (4) shall be punishable in accordance with schedule ii, and subjected to an immediate cancellation of license for a period of five years25(8) any person who has committed an offence under sub-section (4) shall have a valid defence, if the court is satisfied that the person had consumed the relevant qualifying drug:(a) in accordance with:(i) a current and valid prescription written for that person by a registered medical practitioner; and(ii) any instructions from a registered medical practitioner or from the manufacturer of the qualifying drug; or,30(b) because it was administered by a registered medical practitioner, provided that the person complied with the instructions, if any, that the registered medical practitioner has given35(9) it is no defence to proceedings for an offence that a provision forming part of sections 59, 60 and 61 has not been strictly complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as apply36 a person is guilty of an offence and shall be punished in accordance with schedule ii if the person intentionally and without lawful authority or reasonable cause—causing danger to road users(a) causes anything to be on or over a road or near a road such that it affects the safety of road users or obstructs clear and safe vision of road users; or40(b) interferes with a motor vehicle; or (c) interferes directly or indirectly, with traffic equipment, in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous; or(d) damages public propertyexplanation i—for the purposes of this section:—5(a) "dangerous" refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that sub-section what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which a reasonable person could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused; and(b) "traffic equipment" means:(i) anything lawfully placed on or near a road by a highway authority;10(ii) a traffic sign lawfully placed on or near a road by an authorized personor by an authorized member of the police or by a person acting under the instruction, whether general or specific of a police officer other than a highway authority; or15(iii) any fence, barrier or light lawfully placed on or near a road for thepurposes of construction or maintenance of the road, or by an authorized member of the police or a person acting under the instructions, whether general or specific of a senior officer of police20leaving vehicles in dangerous position37 if a person in charge of a vehicle causes or permits the vehicle or a trailer or a semitrailer or mobile machinery drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to cause a sense of alarm or distress to occupants of the vehicle, other road users, and persons and property near roads, that person shall be guilty of an offence and punished in accordance with schedule iitampering with vehicle38 a person shall be guilty of an offence and punished in accordance with schedule ii, if, while a motor vehicle is on a road or on a parking place provided by a local authority, the person, without consent of the owner,25(a) gets on to the vehicle; or (b) tampers with the brake or other part of its mechanism, without lawful authority or reasonable cause; or(c) tempers with safety electronic device3039 if for the purpose of being carried or drawn, a person, without lawful authority or reasonable cause, takes or retains hold of, or gets on to, a motor vehicle or trailer or semitrailer or mobile machinery while in motion on a road, the person shall be guilty of an offence and punished in accordance with schedule iiholding or getting on to vehicle in order to be towed or carried3540 a person who disrupts the flow of traffic in the following manners guilty of an offence and shall be punished in accordance with schedule ii—offence of disrupting flow of traffic, etc(a) parking a motor vehicle in a manner so as to disrupt the flow of traffic unlessthat person can show that there was an emergency which necessitated such an act(b) crossing any road, street, way or thoroughfare at any point where signs,fences, barriers, or other devices are erected to prohibit or restrict such crossing40(c) crossing any road, street, way or thoroughfare in violation of a traffic signalor traffic signexplanation—for the purposes of this section, "flow of traffic" means the authorized movement of motor vehicles, non-motorized transport and pedestriansoverloading4541 (1) a person shall be guilty of an offence of overloading and punished in accordance with schedule ii, if the person who drives a motor vehicle, or causes or allows a motor vehicle to be driven, including common carriers, goods transport agents and consignees, where:(a) the unladen weight of vehicle exceeds the unlanden weight specified in the certificate of registration of the vehicle;(b) the laden weight of vehicle exceeds the gross vehicle weight specified in the certificate or registration;5(c) the number of persons carried in the vehicle exceeds the number of passengers the vehicle is authorized to carry by the national road safety authority;(d) an object or cargo that protrudes outside the body of the vehicle is carried in a manner that is likely to compromise the safety of or poses a danger to any person or property:10provided that in case the contravention is committed by the driver, he shall be awarded penalty points in accordance with schedule i:provided further that standard variance in weight may be permitted for equipment, mandated under this act, fitted to the vehicle:15provided further that a toll operator, as defined in national highways authority rules,1997 shall be guilty of an offence under this section, if the toll operator allows such a motor vehicle to be driven in that portion of the road over which such toll operator operates or has obtained a concession:20provided further that a police officer on duty at a particular location shall be guilty of an offence under this section if the police officer permits such a motor vehicle to traverse that location(2) where the driver or person in charge of a motor vehicle driven in contravention of sub-section (1) is not the owner of the vehicle or consignor of the goods carried by the vehicle, a court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or consignor of the goods:25provided that a consignor shall be held responsible for the offence only if that person is the sole consignor for the goods carried in the motor vehicles42 (1) any authorized person may enter into a passenger vehicle and check whether the vehicle is carrying more passengers than it is authorized to carrypowers regarding vehicles suspected of overloading30(2) in the event of vehicle carrying more passengers than it is authorized to carry, the authorized person may direct the driver or the owner of the vehicle to offload passengers beyond the authorized capacity and shall direct the driver or the owner to make other provisions for such passengers35 40(3) any person authorized in this behalf by the national road safety authority or the state safety authority shall, if that person has reason to believe that a motor vehicle is being used in contravention of section 41 require the driver to convey the motor vehicle to a weighing device in such manner as may be specified by the national road safety authority and if on such weighing the motor vehicle is found to contravene the provisions of section 41 regarding weight, that person shall, by order in writing, direct the driver to offload the excess weight at the driver's own risk and cost and not to remove the vehicle or trailor from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 41 and on receipt of such notice, the driver shall comply with such directions45(4) in case the vehicle owner or driver, as the case may be, fails to do so, such person shall cause the extra weight to be unloaded at the risk and cost of owner or consignor and such cost shall be recoverable from the owner of motor vehicle or consignor of goods(5) where the person authorized under sub-section (1) makes the said order in writing, that person shall furnish the relevant details of the overloading on the goods carriage permit and also intimate the fact of such details to the authority which issued that permit(6) any driver of a vehicle who refuses to stop and submit the vehicle to weighing after being directed to do so by a person authorized in this behalf, or removes or causes the removal of the load or part of it prior to weighing, shall be punishable in accordance with schedule ii5power to restrict the use of vehicles in certain cases1043 the state government or any authority authorized in this behalf by the stategovernment, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified category of motor vehicles or the use of trailers or other road users either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed in accordance with this actpower to place traffic signs1544 (1) the state government or any authority authorized in this behalf by the stategovernment, may cause or permit traffic signs to be placed in any place for the purpose of bringing to public notice any speed limits fixed under section 28 or any prohibitions or restrictions imposed under this act or generally and may designate certain roads as main roads by notification or by the placement at suitable places of the appropriate traffic sign for the purposes of the driving regulations made by the national road safety authority20(2) traffic signs placed under sub-section (1) shall be of such size, color and type and shall have the meanings set forth as per regulations by the national road safety authority:provided that the state government or any authority empowered in this behalf by the state government, may make or authorize the addition to any sign set forth in the regulations by the national road safety authority:25provided further that such sign mentioned in the regulations shall be reviewed everythree years and shall reflect international standards as subscribed to by the government of india30(3) a state government or the state safety authority may, by notification, empower any police officer to remove or cause to be removed any sign or advertisement which is so placed in that officer's opinion as to obscure any traffic sign from view or any sign or advertisement which in that officer's opinion is so similar in appearance to a traffic sign as to be misleading(4) no person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed under this section35(5) if any person in a crash causes such damage to a traffic sign and renders it uselessfor the purpose for which it is placed under this section, that person shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty four hours of the occurrence(6) whoever violates a traffic signal shall be subjected to penalties in accordance with schedule ii and awarded penalty points in accordance with schedule i4045 when any person is injured or any property of a third party is damaged, as a resultof crash in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall—duty of driver in case of a crash and injury to a person45(a) unless it is not practicable to do so on account of mob fury or any other reason beyond the control of the driver, take all reasonable steps to secure medical attention for the injured person, by conveying that person to the nearest medical practitioner or hospital or nursing home, and it shall be the duty of every registered medical practitioner or the doctor on duty in the hospital or nursing home to immediately attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, or financial arrangements unless the injured person or the guardian of the injured person, in case the person is a minor, desires otherwise:provided that it shall be an offence by the owners, management, registered medical practitioner or the doctor on duty if the registered medical practitioner or the doctor on duty in the hospital or nursing home do not immediately attend to the injured person5(b) give on the demand of an authorized police officer any information required by that person, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for no taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence;10(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the crash, namely:—(i) insurance policy number and period of its validity; (ii) date, time and place of the crash; (iii) particulars of the persons injured or killed in the crash; and15(iv) name of the driver and the particulars of the driving license of the driverexplanation— for the purposes of this section, the expression "driver" includes the owner of the vehicle20duty of the driver to take certain precautions at unguarded railway level crossings2546 (1) every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then drive the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get tdown from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed30(2) any person who drives a motor vehicle through a railroad crossing, and fails to yield to barriers at the crossing, or disobeys traffic signals at the crossing or commits any other violation which could put the driver and passengers in danger at the railway crossing, shall be punishable in accordance with schedule iiusing vehicle in unsafe condition3547 (1) any person who drives or causes or allows to be driven in any place a motor vehicle while the vehicle has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to a motor vehicle in a manner which causes a sense of alarm or distress to occupants of the vehicle, other road users, and persons and property near roads, shall he punishable in accordance with schedule ii and shall be awarded penalty points in accordance with schedule i40(2) any person who drives or causes or allows to be driven, in any place a motorvehicle, which violates the standards specified in relation to road safety, including headlights, taillight, indicators, break lights, tyre tread, control of noise and air pollution, or with reduced vehicle conspicuity for other road users, shall be punishable in accordance with schedule ii, and in each case, shall be awarded penalty points in accordance with schedule i45(3) any person who drives or causes or allows to be driven, in any place a motor vehicle which violates the provisions of this act or the rules and regulations made under the act relating to the carriage of goods which are of dangerous or hazardous nature, shall be punishable in accordance with schedule ii, and in each case, shall be awarded penalty points in accordance with schedule i48 (1) any person or principal authority or contractor responsible for the design, construction and maintenance of the safety standards of the road shall follow design, construction and maintenance standards, as determined by the national road safety authority from time to time and shall ensure, that no death, injury or damage is caused to road users as a result of failure to adhere to such safety standards5failure to comply with standards for road design, construction and maintenance10(2) any enforcing authority may bring an action for failure to maintain a road against the designated authority under sub-section (1), if the persons responsible for the design, construction and maintenance of the road have not exercised due care to secure the safety circumstances as was reasonably required in the part of the road to which the action relates to(3) the designated authority under sub-section (1) shall be punishable in accordance with schedule ii if failure on part of such designated authority to comply with standards for road design, construction and maintenance results in a death or disability15(4) for the purposes of the action under this section the court shall in particular have regard to the following matters:(a) the character of the road, and the traffic which was reasonably expected to use it;(b) the standard of maintenance appropriate for a road of that character and use by such traffic;20(c) the state of repair in which a reasonable person would have expected to find in the road;(d) whether the persons responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to users of the road;25(e) where the persons responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose; and(f) whether adequate warning notices of its condition had been displayed3049 whoever uses any handheld communication device while driving a motor vehicle shall be punished in accordance with schedule ii and shall be awarded penalty points in accordance with schedule ioffencesrelating tocertain communication devices35explanation— for the purpose of this section "communication device" means a portable communication device, other than a two-way radio where authorized, with which a person is capable of making or receiving a call or sending a short message service (sms) message, watching a video or performing an interactive communication function with any other person chapter iii general offences and investigation provisions4050 (1) whoever, commits an offence under this act, shall be punished with one or more of the following penalties:general provision regarding penalties(a) fines as specified under schedule ii;(b) community service as may be specified by the national road safety authority;(c) imprisonment for both cognizable and non-cognizable offences; (d) impounding of vehicles for a term, as specified under schedule ii;45explanation—for the purposes of this act,—(i) all references to impounding of motor vehicles shall be construed so as to include the immobilization of the motor vehicle on the premises of the owner of the motor vehicle by means of an immobilisation device;(ii) "immobilisation" means any device or appliance designed or so adapted to be fixed to a vehicle for the purpose of preventing it from being driven or otherwise put in motion5(e) awarding of penalty points, as specified in schedule i;(f) suspension of licences, registration or permits, as specified under schedule ii; (g) cancellation of licences, registrations or permits, as specified under schedule ii;10(h) compulsory refresher training in a manner as specified by the national road safety authority for each offence (2) unless otherwise specified in this act, an offence under a provision shall be considered a repeated offence if its commission takes place either within a period of one year, or as otherwise specified by the national road safety authority, from the previous commission of an offence under the same provision:15provided that whoever contravenes any provision of this act or of any rule, regulation, order or notification made under this act shall, if no penalty is provided for the offence, be punished for the offence in accordance with schedule ii2051 (1) whoever, while driving commits an offence under this act shall be awarded penalty points for the offence, in accordance with schedule i, in addition to the fine or imprisonment as the case may begeneral provision for driver penalty points scheme(2) the consequences of accumulated penalty points, and the period of validity of such penalty points to any holder of a driving license shall be as specified under schedule i(3) the procedure for awarding penalty points and maintaining records associated with such penalty points shall be as specified by the national road safety authority25(4) the national road safety authority may also formulate incentive schemes to encourage safe driving behaviourdriving uninsured vehicle52 (1) whoever drives a motor-vehicle or causes or allows a motor vehicle to bedriven without a valid policy of insurance, shall be deemed to have committed a cognizable offence and shall be punished in accordance with schedule ii30(2) any person responsible for insuring a vehicle including the vehicle owner or consignor or driver, as the case may be, fails to insure, such person shall be deemed to have committed a cognizable offence and shall be punished in accordance with schedule ii35punishment for offences relating to a crash53 (1) whoever, while driving or attempting to drive a motor vehicle or a motorcyclecauses a crash, shall be punished in accordance with schedule ii, and shall also be awarded penalty points shall be punished in accordance with schedule i, and shall have to undergo compulsory refresher training(2) whoever, while driving a motor vehicle or attempting to drive a motor vehiclecauses the death of a person, shall be punished in accordance with schedule ii, and the subjected to an immediate cancellation of license40(3) whoever fails to complete a compulsory impairment test in a manner satisfactory toa police officer, as specified by the national road safety authority, when required to do so by a police officer under section 59 shall be deemed to have committed an offence under this act54 whoever abets the commission of an offence under this act shall be punishedwith the punishment provided for that offence:45punishment for abetment of certain offencesprovided that the punishment in case of section 41 shall only be applicable to theowner or consigner of the vehicleoffences by companies55 (1) where an offence under this act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company shall be deemed to be guilty of the offence and shall be liable to be proceeded and punished accordingly:5provided that no person shall be held liable for an offence under this sub-section if heproves that the offence was committed wthout his knowledge or that he had exercised all due diligence to prevent the commission of such offence10(2) notwithstanding anything contained in sub-section (1), where an offence underthis act has been committed by a company and it is proved that the offence was committed with the consent or connivance of, or is at to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officershall also be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section "director" means a partner in the firm15| 56                                                                              | (   | 1                                                                         ||----------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------|| power to                                                                         |     |                                                                           || arrest without                                                                   |     |                                                                           || warrant                                                                         |     |                                                                           || (                                                                                | a   | ) who in the presence of such officer commits an offence punishable under || sections 25, 26, 35, 52 and 53 or subject to the provisions of this section; and |     |                                                                           || (                                                                                | b   | ) who has committed an offence under this act and refuses to provide his  || name and address on demand of such information                                  |     |                                                                           |20(2) any person arrested in connection with an offence punishable under section 35shall, within two hours of such arrest, be subjected to a medical examination referred to in sections 59, 60, 61 by a registered medical practitioner failing which such shall arrested person shall be released from custody25(3) a police officer arresting the driver of a motor vehicle without warrant shall, if thecircumstances so require, take or cause to be taken any step as he may consider proper for the temporary disposal of the vehicle(4) a female offender may be arrested without warrant only by a female police officer in uniform30power to impound document3557 (1) if any police officer or other person authorized in this behalf by the stategovernment has reason to believe that any license, permit, certificate of registration, certificate of insurance or other document produced by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the indian penal code 1860, such officer or authorized person, as the case may be, may seize and mark the document and call upon the driver or owner of the vehicle to account for their possession of or the presence in the vehicle of such document40(2) if any police officer or any other person authorized in this behalf by the state roadsafety authority has reason to believe that the driver or owner of a motor vehicle who is charged with any offence under this act may abscond or otherwise avoid the service of a summons, such officer or authorized person may seize any license or certificate of registration of the vehicle held by such driver and forward it to the court taking cognizance of the offence and the said court shall on the first appearance of such driver before it, return the license or certificate of registration to the driver or owner, as the case may be, in exchange for the temporary acknowledgement given under sub-section (3)45(3) a police officer or the authorised person seizing a license or the certificate ofregistration under sub-section (2) shall give to the person surrendering the license or thecertificate of registraion a temporary acknowledgement for the same, and such acknowledgement shall authorize the holder to drive until the license has been returned or until such date as may be specified by the officer or authorized person in the acknowledgement, whichever is earlier:5provided that if any magistrate, police officer or any other person authorized by the state road safety authority in this behalf is, on an application so made, is satisfied that the license cannot be, or has not been, returned to its holder before the date specified in the acknowledgement for any reason for which the holder is not responsible, the magistrate, police officer or authorized person, as the case may be, may extend the period of authorization to drive to such date as may be specified in the acknowledgement1058 (1) whoever willfully disobeys any order lawfully issued by any person or authority empowered under this act to issue such order, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this act to discharge, shall, if no other penalty is provided for the offence, be punished in accordance with schedule ii and be awarded penalty points in accordance with schedule idisobedience of orders, obstruction or causing death or injury of a person enforcing the act15(2) any person who, being required by or under this act to supply any information, willfully withholds such information or gives information which such person knows to be false or does not believe to be true, shall, if no other penalty is provided for the offence, be punished in accordance with schedule ii, and be awarded penalty points in accordance with schedule i(3) whoever, causes the death or an injury to any person in the discharge of any functions under this act, shall, if no other penalty is provided for the offence, be punished in accordance with schedule ii20impairment tests2559 (1) a police officer in uniform or a person authorized by the traffic authority in this behalf, may require any person, driving or attempting to drive a motor vehicle in any place, or whom the police officer has reasonable cause to suspect has recently committed an offence under this act, or who is driving or attempting to drive a vehicle involved in a crash or whom the officer has reasonable cause to suspect was driving a motor vehicle involved in a crash, to undergo a compulsory impairment test as specified by the national road safety authority, if the police officer has reasonable cause to suspect that the person has consumed a drug or drugs(2) a police officer may require a person specified under sub-section (1) to—30(a) remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or(b) accompany a police officer to another place to undergo the compulsory impairment test (3) a person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until the result of the test is ascertained35(4) a police officer may exercise the powers in sub-sections (1) and (2) in addition to any breath tests under section 60 and regardless of the outcome of any such tests(5) a person shall have a valid defence, if the court is satisfied that the person's failure or refusal to undergo a compulsory impairment test is because of—40(a) a pre-existing medical condition or pre-existing disability that precludes undergoing the test; or(b) an injury, sustained in a motor vehicle crash giving rise to an obligation to undergo the test that precludes undergoing the testbreath tests45 5060 (1) a police officer in uniform or a person authorized by the traffic authority in thisbehalf, may require any person driving or attempting to drive a motor vehicle in any place, or whom the police officer has reasonable cause to suspect has recently committed an offence under this act, or who is driving or attempting to drive a vehicle involved in a crash or whom the officer has reasonable cause to suspect was driving a motor vehicle involved in crash, to provide one or more specimens of their breath for breath tests at or near that place, if such police officer or authorized person has reasonable cause to suspect such person of having committed an offence under section 35(2) a person who has undergone a breath test shall remain at the place until the result of the test is ascertained5(3) a requirement for breath tests under sub-section (1) shall be made, as soon as may be reasonably practicable after the commission of such offence under this act, in accordance with the procedure specified by the national road safety authority10(4) if a motor vehicle is involved in a crash in any place and a police officer in uniform has reasonable cause to suspect that the person driving the motor vehicle at the time of the crash had alcohol in their blood or that such person was driving under the influence of a drug referred to in section 35, the officer may require the person so driving to provide a specimen of his breath for a breath test—(a) at the hospital, if such person is an indoor patient subject to sub-section (2);(b) in the case of any other person, either at or near the place where the requirement is made; or(c) if the police officer thinks fit, at a police station specified by the police officer15(5) a person shall not be required to provide a specimen while at a hospital under clause (a) of sub-section (4) if the registered medical practitioner in immediate charge of that person's case:(a) is not first notified of the proposal to make the requirement; or20(b) objects to the provision of a specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient25(6) if it appears to a police officer in uniform, in consequence of a breath test carried out by that officer on any person under sub-section (1) or sub-section (3), that the device by means of which the test was carried out indicates the presence of alcohol in the person's blood, the officer may arrest that person without warrant except while that person is at a hospital as an indoor patient30(7) if a person is required by a police officer under sub-section (1) or sub-section (3) to provide a specimen of breath for a breath test, and refuses or fails to do so, and the police officer has reasonable cause to suspect that person of having alcohol in his blood, the police officer may arrest that person without warrant except while that person is at a hospital as an indoor patient(8) a person arrested under this section shall, while at a police station, be given an opportunity to provide a specimen of breath for a breath for a breath test here35(9) the results of a breath test made in pursuance of the provisions of this section shall be admissible in evidenceexplanation—for the purposes of this section, "breath test" means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the national road safety authority, by notification, an indication whether as to the presence of alcohol in a person's blood or breath is likely to exceed the specified limit40clinical test61 (1) a person who has been arrested under section 35 may, while at a police station, be required by a police officer to provide to such registered medical practitioner, a specimen of their blood or urine for a clinical test if:45(a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person, indicates the presence of alcohol in the blood or urine of such person; or(b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so; or(c) the police officer has reasonable cause to suspect that the person has consumed a drug or drugs, and such person, when required to complete a compulsory impairment test under section 59 does not complete such test in a manner satisfactory to such police officer5(2) a person who has been required by a police officer under sub-section (1) to permit the taking of a blood specimen shall, without delay after being requested to do so by a registered medical practitioner, permit that practitioner to take a blood specimen from that person10(3) where the person required to provide such specimen is a female, and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female medical practitioner or a police officer(4) a person while at a hospital as an indoor patient may be required by a police officer to provide at the hospital a specimen of their blood or urine for a clinical test:15(a) if it appears to the police officer that the device by means of which a breath test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood or urine of such person; or20(b) if the person having been required, whether at the hospital or elsewhere, to provide a specimen of breath for a breath test has refused, omitted or failed to do so and a police officer has reasonable cause to suspect that person of having alcohol in their blood or urine; or(c) if the police officer has reasonable cause to suspect that the person has consumed drug or drugs, and the person does not complete a compulsory impairment test in a manner satisfactory to a police officer, who is trained to give the test, when required to do so by a police officer under section 5925(5) a person shall not be required to provide a specimen of blood or urine for a clinical test under sub-section (2) if the registered medical practitioner in immediate charge of such person's case:(a) is not first notified of the proposal to make the requirement; or30(b) objects to the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient (6) the results of a clinical test made in pursuance of this section shall be admissible in evidence35explanation—for the purposes of this section, "clinical test" means the analysis of a specimen of blood or urine made at a laboratory established, maintained or recognised by the central government or a state governmentpresumption of unfitness to drive4062 in any proceeding for an offence punishable under section 98 if it is proved that the accused when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of their breath for a breath test or a specimen of their blood or urine for a clinical test, such refusal, omission or failure may, unless reasonable cause for the same is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to unfitness of the accused to drive4563 any authority that is empowered to enforce the provisions of this act shall, if such authority commits an offence under this act, incur twice the penalty prescribed for that offencepenalty for offence committed by an enforcing authority64 (1) any offence committed after the commencement this act, which is punishable with fine only, may, before or after the institution of the prosecution, be compounded by compounding of certain offencessuch officers or authorities and for such amount as the central government may, by notification, provide in this behalf(2) no offence under sub-section (1) shall be compounded for—(a) the offences involving amount less than the minimum amount of fine as may have been provided under this act;5(b) offences involving imprisonment;(c) any third or subsequent offence; and(d) offences in which penalty points specified cannot be waived1065 (1) the court taking cognizance of any offence (other than an offence which the central government may by rules specify prescribe) under this act,—summary disposal of cases(a) may, if the offence is an offence punishable with imprisonment under this act; and(b) shall, in any other case, state upon the summons to be served on the accused person that he:15(i) may appear by pleader or in person; or (ii) may, by a specified date prior to the hearing of the charge, plead guilty to the charge and remit to the court, by money order, such sum not exceeding the maximum fine that may be imposed for the offence as the court may specify, and the plea of guilt indicated in the money order coupon itself:20provided that the court shall, in the case of any of the offences referred to in subsection (2), state upon the summons that the accused person, if such person pleads guilty, shall so plead in the manner specified in clause (b) and shall forward the driving license to the court with such letter containing such plea25(2) where the offence dealt with in accordance with sub-section (1) is an offence prescribed by the central government by rules for the purposes of this sub-section, the court shall, if the accused person pleads guilty to the charge and forwards that person's driving license to the court with the letter containing such plea, make an endorsement of such conviction on such driving license66 the national road safety authority shall have the power to amend schedules in order to amend the offences punishable under this act30 chapter ivpower of national road safety authority to amend schedules national road safety authority3567 (1) the central government shall, within six months of commencement of this act, by notification establish an authority to be known as national road safety authority to exercise the powers conferred on, and to perform the functions assigned to it under this actconstitution of national road safety authority(2) the national authority shall be a body corporate with the name aforsesaid having perpetual succession and a common seal with the power, subject to the provisions of this act to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued40(3) the authority shall consist of—(a) the union minister for road transport and highways as the patron, not being a member;(b) a chairperson, who shall have the rank of a secretary to the government ofindia; and45(c) at least four and not more than eight members excluding the chairperson,who shall have the rank of additional secretary to the government of india5(4) a member of the national road safety authority, not being the chairperson, shall be a person of ability, integrity and standing and with special knowledge of, or professional experience in either one or more subjects of economics, transport, urban planning, law, traffic management and regulation, medical sciences and trauma care, crash investigation and forensics, air pollution, road safety, insurance, motor vehicles, civil engineering, which, in the opinion of the central government, will be useful for the national road safety authority to render its functions and fulfill its objectives under this act(5) all members of the national road safety authority shall be whole-time members10(6) the members of the national road safety authority shall be appointed in such manner so as to secure the highest standards of professional competence and a range of relevant expertise in order to effectively discharge the duties and functions of the national road safety authority under this act(7) the head office of the national road safety authority shall be in the national capital region of delhi15(8) the national road safety authority may establish such number of offices at such places in india as may be deemed fit by it to render its functions and to fulfill its objectives68 (1) the chairperson and the members of the national road safety authority shall be appointed by the central government from a panel of persons recommended by a selection committee established under this actappointment of chairperson and other members20(2) the selection committee shall consist of:(a) the cabinet secretary to the government of india, as the chairperson; (b) the secretary in-charge of the ministry of road transport and highways, government of india, as a member;(c) two secretaries to the government of india; and25(d) three experts of repute with special knowledge of, or professional experience in either one or more subjects of economics, transport, urban planning, law, traffic management and regulation, medical sciences and trauma care, crash investigation and forensics, air pollution, road safety, insurance, motor vehicles, automotive engineering, civil engineering, as members30(3) the term of the selection committee and the manner of selection of the panel of persons shall be such as may be prescribed(4) the central government shall make a reference to the selection committee for filling up of a vacancy in the national road safety authority—35(a) within one month from the date of occurrence of a vacancy by reason of death, resignation or removal of the chairperson or a member of the national road safety authority; or(b) three months before the superannuation or completion of the term of office of the chairperson or a member of the national road safety authority40(5) for every vacancy referred to it, the selection committee shall make such recommendations within two months from the date on which reference is made to it(6) a member of the selection committee shall not be eligible to be considered for appointment as the chairperson or a member of the national road safety authority for a period of two years from the date on which he ceases to be a member of the selection committee45(7) before making any recommendations under sub-section (5), the selection committee shall satisfy itself that every person so recommended is capable of functioning independently as a member of the national road safety authority, where such independence means the ability to maintain and exercise independent judgment in discharge of his duties(8) the central government shall appoint the chairperson and the members of the national road safety authority, within a period of one month from the date of recommendation of the selection committee569 (1) before appointing any person as the chairperson or member, the central government shall satisfy itself that the person does not have any financial or other interest as is likely to affect prejudicially to function as a chairperson or a memberconditions of service of chairperson and members(2) the salary and allowances payable to and other terms and conditions of service of the chairperson and the members, shall be such as may be prescribed10(3) the terms and conditions of service of the chairperson and the members shall not be varied to their disadvantage after appointment70 (1) the chairperson or any member may, by notice in writing under his hand addressed to the prime minister resign his office15resignation and removal of chairperson and members(2) the central government may, by order, remove from office the chairperson or any other member of the national road safety authority if such person has,—(a) been adjudged as an insolvent; or (b) been convicted of an offence which, in the opinion of central government, involves moral turpitude; or20(c) become physically or mentally incapable of discharging his duties; or (d) acquired such financial or other interests as is likely to affect prejudicially his functions; or(e) so abused his position so as to render his continuation in office prejudicial to the public interest25(3) no member shall be removed under clauses (d) or (e) of sub-section (1) unless such person has been given a reasonable opportunity of being heard in the matterrestrictions on employment3071 no member of the national road safety authority shall, for a period of two years from the date on which he ceases to hold office, directly or indirectly, for his own account or an agent, administrator, officer, director, retainer, member of the executive body or shareholder or equity owner of any other person, conduct any activity within the jurisdiction of the national road safety authority under this act:provided that this section shall not apply when a member of the national road safety authority is appointed as a member of the state road safety authority3572 (1) the national road safety authority shall have the power to determine the number, nature and categories of officers and employees required by it to discharge its functionsofficers and employees of the national road safety authority(2) the salaries and allowances payable to and other terms and conditions of service of the officers and employees shall be such as may be specified by regulations by the national road safety authority4073 the chairperson and a member of the national road safety authority shall holdoffice for a term of three years from the date on which he enters upon his office or until he attains the age of sixty five years, whichever is earlier and shall be eligible for reappointmentterm of office of chairperson and members4574 (1) in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the central government may, by notification, authorize one of the members to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances(2) when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, one of the members as the central government may, by notification, authorize in this behalf, shall discharge the functions of the chairpersons until the date on which the chairperson resumes his duties575 no act or proceedings of the authority shall be questioned or invalidated merely on the ground of existence of any vacancy or defect in the constitution of the authorityvacancies, etc, not to invalidate the proceedings of the authority76 (1) the national road safety authority shall have the overall objective of eliminating practices that are adverse to transportation safety, road safety, and innovation and adoption of new technology10objectives and functions of the national road safety authority(2) the objective of the national road safety authority shall be reviewed and ratified every five years by the parliament(3) in pursuit of the objective under sub-section (1), the national road safety authority shall:—(a) formulate standards for road safety, road infrastructure and control of traffic;(b) provide for safe and sustainable utilization of road transport ecosystem;15(c) prescribed annual performance target; and (d) provide measures for the safety of vulnerable road users20(4) the national road safety authority shall function as an economic regulator for the purposes of developing a framework to guide the determination of costs of safety equipments to be installed in motor vehicels(5) while developing the framework under sub-section (4) the national road safety authority shall be guided by—(a) the recognition that the promotion of safety of road users is of paramount importance;25(b) the general principles identified for the administration of this act under section 4;(c)  the commercial principles governing the manufacture and installation of safety equipments including that the costs be commensurate with the services being provided;30(d) the requirement to encourage competition, innovation, efficiency, and economic use of resources;(e) the need that prescribed safety equipments should be correlated with the anticipated safety outcomes and should be technology neutral; and(f) the requirement to safeguard consumer interest and ensure equity3577 (1) the national road safety authority may, be regulations, inter alia, specify the following:—regulations and other functions of the national road safety authority(a) the standards for the design, construction, operation and maintenance of motor vehicles, parts of motor vehicles, trailers, semi-trailers, mobile machinery, including—40(i) safety standards and minimum requirements for such design,construction and maintenance for promoting safety of the occupants and other road users;(ii) safety standards and minimum requirements for such design, construction and maintenance for protection of environment; and5(iii) conditions for safe usage of such vehicles with regard to occupantsof the motor vehicle, other road users, and persons and property near roads, including for motor vehicles independent of body, trailer, mobile machinery or as a whole(b) the standards for the design and construction of passenger transport vehicles for promoting the safety and comfort of the passengers and drivers of such vehicles, including for the bus body10explanation—for the purpose of this sub-section 'bus body' means the portion of a passenger transport vehicle that encloses such vehicle's occupant space, exclusive of the bumpers, the chassis frame, and any structure forward of the last point of the windshield mounting15(c) the standards for the design and construction of the truck body of goodstransport vehicles for promoting the safety and comfort of the drivers as well as occupants of such vehicles and the safe carriage of the goods by such vehicles20explanation—for the purpose of this section the 'truck body' means the portion of the goods transport vehicle that encloses such vehicle's occupant space and space for the carriage of goods, exclusive of the bumpers, the chassis frame, and any structure forward of the forward most point of the windshield mounting;(d) the standards and procedures for the tests of competence for issuance oflicences;25(e) the conduct of safety and performance audits to monitor compliance with the standards anywhere in the country as may be specified by the national road safety authority;(f) the creation, maintenance and sharing of a standard, national, uniform database for collecting and managing data including data relating to licences, registrations, insurance, permits, road crashes, offences and penalties;(g) the procedure and the enforcement of quality control in relation to any aspect of transport and road safety and fuel quality as specified under this act;30(h) the methods of data collection, analysis and exchange of information amongenforcement authorities engaged in road safety;(i) the evaluation of enforcement and administration of this act; (j) the accreditation of assessors for safety audits, inspections and ratings;35(k) guidelines relating to safety features for non-motorized transport and forsafe operating conditions for such transport;(l) catering for the special requirements of vulnerable road users such as children, senior citizens, differently-abled persons, non-motorized transport and pedestrians relating to road safety and traffic management;40(m) catering for the safety and security of people travelling by road transport,especially women, children and senior citizens;(n) guidelines for and enabling electronic payment of fines and any otherpayments;45(o) guidelines for the design, construction operation and maintenance of roadsto ensure safety of road users;(p) guidelines for the management of traffic on roads, including the schemes forsegregation of various classes of road users and their right of way;(q) the electronic collection and dissemination of information related to restricted roads, no entries, one ways, restricted entry and time-zones for various classes of vehicles;(r) guidelines for crash investigation procedure and training of enforcement agencies;5(s) guidelines for creation of child safety zones; (t) the standards for technology deployed in pursuance of this act; and (u) any other matters which are necessary to fulfil its functions under this act(2) in addition, the national road safety authority shall—10(a) provide technical advice and assistance to the central government, and advise the central government and the state governments on administration of the provisions relating to safety as contained in this act;15(b) advise the state government, urban local bodies, municipalities, panchayati raj institutions on matters relating to or arising out of traffic management on roads and the use of motor vehicles for the purposes of ensuring road safety;(c) make regulations specifying guidelines for establishing and operating trauma facilities and para- medical facilities for dealing with traffic related injuries on roads and highways;20(d) make regulations specifying guidelines for building capacity and skills in traffic police, hospitals, highway authorities, educational and research organizations and other organizations dealing with road safety and traffic management;(e) promote relevant practices in road safety and traffic management, undertake road safety and traffic education programmes, and conduct campaigns to create awareness amongst all sections of road users;25(f) invole interest groups and non-government organization working in the area of road safety and traffic management, and assist them in promotion of efficient traffic management and road safety practices;30(g) establish a network of organizations with the aim to facilitate a technical cooperation framework by the co-ordination of activities, the exchange of information, the development and implementation of joint projects, the exchange of expertise and best practices in the fields within the purview of the national road safety authority;(h) co-ordinate with other agencies such as education boards and institutions, health services and non-governmental organizations in maters relating to road safety and traffic management;35(i) contribute to the development of international technical standards for motor vehicles and roads;(j) promote co-ordination of work on motor vehicles and road standards undertaken by international governmental and non-governmental organizations;40(k) promote consistency between international technical standards and domestic standards while ensuring that the level of safety adopted in the country is not compromised; and(l) specify the process or methodology for the crash testing of vehicles(3) for the purpose of performing its regulatory and other functions under this act, the national road safety authority shall conduct research, by way of collecting data, and performing such analysis as may be relevant and necessary, and this may include—(a) conducting or causing to be conducted research in different spheresof road safety and traffic management and publishing its findings;(b) establishing procedures and centres for multi-disciplinary crashinvestigation;(c) establishing the procedure and methodology for data collection,transmission and analysis at appropriate levels, and defining the role of different agencies involved in the process;5(d) collecting and storing data from any central or state agency or body orother institution with respect to road safety and traffic information;10(e) identifying areas or traffic congestion and crash prone zones on nationaland state highways, rural and city roads and plans to mitigate the identified problems in a time-bound manner; and(f) any other measures necessary for the purpose of giving effect to the purposes of this act(4) the national road safety authority shall make it public without undue delay—15(a) the opinions of the technical working groups, including all representations made to it by external experts, and at public hearings;(b) the annual declarations of interest made by the chairperson, members of the national road safety authority and members of the technical working groups, including declarations of interest, if any, made in relation to items on the agenda of meetings;20(c) the results of its technical studies; and(d) the annual report of its activities25proceedings of the national road safety authority78 (1) the chairpersons and the members of the national road safety authority shall, in addition to attending office regularly meet at least once a month, and at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings, including quorum at such meetings and procedure for such meetings, as may be prescribed(2) the patron shall be free to attend and participate in any meeting or consultation or event of the national road safety authority, technical working groups or all or any other bodies or groups or advisory team established by the national road safety authority for the purposes of this act30(3) the chairperson shall ordinarily preside over meetings of the national road safety authority unless the patron is attending the said meeting in which case the patron shall preside over such meetings(4) if the chairperson is unable to attend a meeting of the national road safety authority, the chairperson may authorise any other member to preside over the meeting35(5) the chairperson and members must, at all times, act in good faith, and use diligence in the discharge of their duties40(6) the chairperson or any member who has any direct or indirect interest in any matter coming up for consideration at a meeting of the national road safety authority shall, disclose the nature of interest to the national road safety authority(7) a disclosure made by the chairperson or a member will be recorded in the proceedings of the meeting, and the chairperson or such member shall recuse from any deliberation or decision of the national road safety authority with respect to that matter or any matter connected therewith:45provided that if the chairperson has to recuse himself from a proceeding of the nationalroad safety authority, the patron shall designate a member of the authority to discharge the functions of the chairperson for that matter(8) all orders and decisions of the national road safety authority shall be authenticated by the chairperson79 (1) if the national road safety authority proposes to make any regulation, it shall publish a draft of the proposed regulations for inviting public expressionprocess for making regulations5(2) every draft of a proposed regulation which is published under this section shall be accompanied by a statement setting out—(a) the objectives of the proposed regulations; (b) how the draft regulations fulfil the particular provision of this act under which the regulations are made;10(c) a regulatory impact analysis of the proposed regulations and a cost-benefit analysis where feasible;(d) the process by which any person may make a representation in relation to the proposed regulations;(e) the implications of any regulations applied with retrospective effect; and15(f) the implementation schedule for any regulations, which shall be determined after due consultation with all stakeholders including consumers and industry (3) before finalizing the draft of any regulation, the national road safety authority shall consider every representation made to it in accordance with clause (d) of sub-section (2):20provided that the decision of the national road safety authority shall be final whether or not it had considered any representations made to it(4) while finalising the regulations, the national road safety authority shall approve that the regulations which are consistent with the act and shall publish—(a) all the representations received under clause (d) of section (2); and25(b) unless specified otherwise, at least a general account of the response to the representations (5) if the notified regulations substantially differ from the proposed regulations published by the national road safety authority under sub-section (1), in addition, to complying with sub-section (4), it must publish the details and reasons for such change30(6) when carrying out a cost-benefit analysis for the purposes of this section, the national road safety authority must consider the probable costs that will be borne by:(a) the persons required to comply with the regulations;(b) road users, both directly and indirectly;(c) the national road safety authority in enforcing the regulations; and35(d) any other persons affected by the regulations(7) the national road safety authority shall consider the probable benefits that may accrue to road users and other persons as a result of the regulations(8) the national road safety authority may, use the best available data and where such data is not available, reasonable estimates to carry out the analysis40emergency regulation making80 (1) the national road safety authority may dispense with the procedure under section 17, if the time taken to comply with it has the potential to cause considerable harm or losses for the persons likely to be affected by such regulations(2) if the national road safety authority makes regulations under this section, it shall:(i) publish the reasons for invoking this section; and (ii) submit a report to the central government within one week of invoking this section5(3) unless the central government communicates its approval in writing within thirty days to the national road safety authority, the regulations made under this section will cease to have effect after a period of one hundred and eighty days from the date on which the regulations are notified by the national road safety authority:10provided that where the approval of the central government is not received in writing, the regulations made under this section will continue to have effect beyond the period of one hundred and eighty days, if the national road safety authority completes the procedure under section 17 of this act within the hundred and eighty day period specified in this section81 (1) the chairperson shall be the legal representative of the national road safety authority and shall be responsible for—functions of the chairperson(a) the day-to-day administration of the national road safety authority;15(b) drawing up proposals for the work programmes including prioritisation ofwork of the national road safety authority;(c) implementing the work programmes and the decisions adopted by the nationalroad safety authority;20(d) ensuring the provision of appropriate technical and administrative supportfor the technical working groups;(e) ensuring that the national road safety authority carries out its tasks inaccordance with the requirements of its stakeholders, in particular with regard to the adequacy of the services it provides and the time taken to provide such services;25(f) preparation of the statement of revenue and expenditure and the execution ofthe budget of the national road safety authority;(g) identifying potential risks for the transport ecosystem in india, particularlywith respect to road and transport safety;(h) pooling of knowledge;30(i) ensuring close cooperation between the national road safety authority andthe enforcement agencies and organizations operating in the field of transport, roads and motor vehicles;(j) engaging with the central government, and for ensuring a regular dialoguewith the technical working groups; and35(k) reporting to the patron on any matter relating to the national road safetyauthority as may be required by the patron(2) every year, the chairperson shall submit for adoption, by way of an annual review meeting, to all the members of the national road safety authority—(a) programmes of work; (b) the annual accounts for the previous year;40(c) the budget for the coming year; (d) action taken report or response to instructions of the members of the nationalroad safety authority; and(e) a general report covering all the activities of the national road safety authorityin the previous year(3) the chairperson shall, while following adoption under sub-section (2), forward a copy of general report and the programs to the central government and the state governments and shall also publish for information to general public5(4) the chairperson shall approve all financial expenditure of the national road safety authority and report its activities to the central government(5) the chairperson shall have administrative control over the officers and other employees of the national road safety authoritytechnical working groups1082 (1) the national road safety authority shall constitute technical working groups, consisting of independent technical experts to maintain and exercise independent judgment in the discharge of duties(2) each technical working group constituted under this section shall be headed by a member of the national road safety authority designated by the chairperson in consultation with the central government, considering such member's special knowledge and field of professional experience and any declarations of interest made by members from time to time15(3) the technical working group shall invite the relevant industry and consumer representatives to its deliberations(4) without prejudice to the generality of sub-section (1), the national road safety authority may establish such number of technical working groups as it considers necessary on the following matters—20(a) roads standards; (b) traffic management; (c) testing standards for offences including drink-driving, and over-speeding;(d) technology and enforcement; (e) transport infrastructure and safety;25(f) crash investigation and forensics; (g) data collection and analytics(5) the national road safety authority may from time to time re-constitute the technical working groups by adding new members or by replacing the existing members or by changing the name of the group as the case may be30(6) the administrative, financial and research support for the technical working groups shall be provided by the national road safety authority83 (1) the national road safety authority shall appoint the members of all technical working groups for a period of three yearsprocedure for appointing technical working groups35(2) the national road safety authority shall, for the purpose of appointing of technical working groups under sub-section (1), invite applications by publishing the details in leading international technical publications and by posting the details on its official website(3) the mode and manner of operation of technical working groups as well as coordination between the various technical working groups shall be specified by regulations made by the national road safety authority(4) the regulations made under sub-section (2) shall relate in particular to:40(a) the number of times that a member can serve consecutively on a technicalworking group;(b) the number of members in each technical working group; (c) the procedure to reimburse the expenses of members of the technical workinggroup;(d) the manner in which tasks and requests for technical opinions are assigned to the technical working groups;(e) the creation and organization of the body of the technical working groups, and the mode and manner of involvement and engagement of external experts being included in the technical working groups;5(f) the possibility, mode and manner of inviting observers to attend the meetings of the technical working groups;(g) the possibility, mode and manner of organising public hearings;10(h) the conduct of meetings, including provision for meetings, to be held withoutthe physical presence of a member of a technical working group; and(i) the quorum of the meeting, notice and agenda of the meeting and such othermatters1584 the national road safety authority shall have the power to delegate all or any power or function that has been conferred upon it by this act to any person or group of persons barring such exceptions as may be provided for in this act:delegation of powers of the national raod safety authorityprovided that the national road safety authority shall not delegate its power to make regulations under this act85 (1) the central government shall, by notification in the official gazette, constitute a national road crash victim compensation fund to which the following shall be credited—20(a) any grants and loans made to the national road safety authority by the central government;constitution of national road crash victim compensation fund(b) notwithstanding anything contained in any other law, a proportion of the insurance premiums or a road safety cess on such insurance premiums collected in the country, apportioned under this act, as prescribed; and25(c) all sums received by the national road safety authority from such othersources as may be prescribed(2) the fund shall be utilized for providing immediate interim relief, medical treatment and rehabilitation to road accident victims in the territory of india:30provided that the following persons shall be eligible to claim compensation from the fund:(a) a person who has been grievously hurt in a road accident till such time as the person may be stabilized;(b) one or more legal representatives of a person who died in a road accident that was not caused by the deceased on whose behalf the claim is being made and/or for those road accidents where no person can be held liable;35(c) a person grievously hurt in a road accident where no fault can be fixed upon either that person or on any other person involved in the accident; and(d) any other person as the national road safety authority may specify by regulations40(3) the maximum amount of compensation made available by the fund in any caseshall be such as may be specified by the national road safety authority(4) in all cases specified under sub-section (3), when the claim of such person becomes payable, then the national road safety authority fund is entitled to recover from the insurer the amount equivalent to such compensation received by such person86 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite sum to the national road safety authority for carrying out the provisions of this actcentral government to provide requisite sums maintenance of accounts587 (1) the national road safety authority shall maintain proper accounts and otherrelevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor general of india10(2) the comptroller and auditor general of india shall audit the accounts of the national road safety authority, and specify the intervals at which such audits may be conducted, and any expenditure incurred in connection with such audit shall be payable by the national road safety authority to the comptroller and auditor general of india15(3) the comptroller and auditor general of india may appoint any person in connection with the audit under sub-section (2) and such person shall have the same rights and privileges and authority in connection with the audit as the comptroller and auditor general of india generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books of accounts and other documents and papers and to inspect any of the offices of the national road safety authority20(4) the accounts of the national road safety authority, as certified by the comptroller and auditor general of india or any other person appointed in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and the government shall cause the same to be laid, as soon as it is received, before each house of parliamentbudget2588 the national road safety authority shall prepare, in such form and at such time ineach financial year as may be prescribed, by rules made by the central government, the budget for the next financial year, showing the estimated expenditure of the national road safety authority and forward the same to the central governmentannual and special reports89 (1) the national road safety authority shall submit an annual report to the centralgovernment and may at any time submit special reports on any matter which, in its opinion, if of such urgency or importance that it shall not be deferred till submission of the annual report30(2) the central government shall cause the annual and special reports of the authority to be laid before each house of parliament, along with a memorandum of action taken or proposed to be taken on the recommendations of the authority, and the reasons for nonacceptance of the recommendations, if any chapter v state road safety authority3590 (1) every state government shall, within six months of commencement of this act, by notification establish an authority to be called as the state road safety authority to exercise the powers conferred on, and to perform the function assigned to under this actconstitution of state road safety authority40(2) the state authority shall be a body corporate with the name aforesaid having peretual succession and a common seal with the power, subject to the provisions of this act to acquire, hold and dispose of property and to contract, and may, by the aforesaid name, sue or be sued(3) the state government shall designate appropriate agencies to function under the direction of the national road safety authority or the state road safety authority, as the case may be91 (1) the state road safety authority shall consist of:—45composition of state road safety authority(a) a chairperson, who shall have the rank of secretary to the government ofindia or chief secretary to the state government; and(b) two members who shall have rank of additional secretary to the governmentof india or principal secretary to the state government5(2) a member of the state road safety authority, not being the chairperson, shall be a person of ability, integrity and standing and with special knowledge of, or professional experience in either one or more subjects of economics, transport, urban planning, law, traffic management and regulation, medical sciences and trauma care, crash investigation and forensics, air pollution, road safety, insurance, motor vehicles, civil engineering, which, in the opinion of the state government, will be useful for the state road safety authority to render its functions and fulfill its objectives under this act(3) all members of the state road safety authority shall be whole-time members10(4) the members of the state road safety authority shall be appointed in such manner so as to secure the highest standards of professional competence and a range of relevant expertise in order to effectively discharge the duties and functions of the state road safety authority under the act(5) the head office of the state road safety authority shall be at such place as the state government may, by notification, specify1592 (1) the chairperson and the members of the state road safety authority shall be appointed by the state government from a panel of persons recommended by a selection committee established under sub-section (2)appointment of chairperson and other members(2) the slection committee shall consist of:(a) the chief secretary to the state government, as the chairperson;20(b) the secretary in the ministry of road transport and highways of the state government, as a member;25(c) three experts of repute with special knowledge of, or professional experience in either one or more subjects of economics, transport, urban planning, law, traffic management and regulation, medical sciences and trauma care, crash investigation and forensics, air pollution, road safety, insurance, motor vehicles, automotive engineering, civil engineering as members (3) the term of the selection committee and the manner of selection of the panel of persons shall be such as may be prescribed(4) the state government shall make a reference to the selection committee for filling up a vacancy in the state road safety authority—30(a) within one month from the date of occurrence of a vacancy by reason of death, resignation or removal of the chairperson or a member of the state road safety authority; or35(b) three months before the superannuation or completion of the term of office of the chairperson or a member of the state road safety authority (5) for every vacancy referred to the selection committee, the committee shall make such recommendations within two months from the date on which reference is made to it:40provided that member of the selection committee shall not be eligible to be considered for appointment as the chairperson or a member of the state road safety authority for a period of two years from the date on which he ceases to be a member of the selection committee45(6) before making any recommendations under sub-section (5), the selection committee shall satisfy itself that every person so recommended is capable of functioning independently as a member of the state road safety authority, where such independence means the ability to maintain and exercise independent judgment in discharge of his duties(7) the state government shall appoint the chairperson and the members of the state road safety authority within a period of one month from the date of the recommendation of the selection committee93 (1) before appointing any person as the chairperson or member, the state government shall satisfy itself that the person does not have any financial or other interest as is likely to affect prejudicially to function as a memberconditions of service of chairperson and members(2) the salary and allowances payable to and other terms and conditions of service of the chairperson and the members, shall be such as may be prescribed5(3) the terms and conditions of service of the chairperson and the members shall not be varied to their disadvantage after appointment94 (1) the chairperson or any member may, by notice in writing under his hand addressed to the chief minister of the state, resign his office10resignation and removal of chairperson and members(2) the chairperson or a member of the state road safety authority, after giving notice under this section, will continue to hold office until the state government appoint a person to the office vacated or after the expiry of three months from the date of notice, whichever is earlier15(3) the state government may, by order, remove from office the chairperson or any other member of the state road safety authority if such person has,—(a) been adjudged as an insolvent; or (b) been convicted of an offence which, in the opinion of state government, involves moral turpitude; or(c) become physically or mentally incapable of discharging his duties; or20(d) acquired such financial or other interests as is likely to affect prejudicially his functions; or(e) so abused his position as to render his continuation in office prejudicial to the public interest25(4) no member shall be removed under clauses (d) or (e) of sub-section (1) unless such person has been given a reasonable opportunity of being heard in the matterrestrictions on employment3095 no member of the state road safety authority shall, for a period of two years from the date on which he ceases to hold office, directly or indirectly, for his own account or as an agent, administrator, officer, director, retainer, member of the executive body or shareholder or equity owner of any other person, conduct any activity within the jurisdiction of the national road safety authority or the state road safety authority:provided that this section shall not apply when a member of the state road safety authority is appointed as a member of the national road safety authority3596 (1) the state road safety authority shall have the power to determine the number, nature and categories of officers and employees required by it to discharge its functionsofficers and employees of the state road safety authority(2) the salaries and allowances payable to and other term and conditions of service of the officers and employees shall be such as may be specified by regulations by the state road safety authority40term of office of chairperson and members97 the chairperson and members of the state road safety authority shall hold office for a term of three years from the date on which they enter upon their office or until they attain the age of sixty-five years, whichever is earlier and shall be eligible for re-appointment4598 (1) in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the state government may, by notification, authorize one of the members to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances(2) when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, one of the members as the state government may, by notification, authorize in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties599 no act or proceedings of the state road transport authority shall be questionedor shall be invalidated merely on the ground of existence of any vacancy or defect in the constitution of the authorityvacancies, etc not to invalidate the proceedings of the authority10100 (1) the state road safety authority shall perform functions in accordance with this act and in accordance with any directions that may be issued by the national road safety authority in this regardfunctions of state road safety authority(2) without prejudice to the generality of the forgoing provision, the state road safety authority shall—15(a) coordinate and direct the activities of the implementation agencies notified by the state government for implementation of this act consistent with any regulations, guidelines, recommendations or directions made by the national road safety authority; and(b) collect and store data in accordance with rules and regulations specified by the national road safety authority in this regard20(3) for the purpose of exercising and discharging the powers and functions specified, state road safety authority may, subject to such conditions as may be specified by the national road safety authority, issue recommendations to any implementation agencies notified by the state government and such implementation agency shall, in the discharge of its functions under this act, give effect to and be bound by such recommendations or directions25101 (1) the national road safety authority shall exercise the powers and perform thefunctions of a state road safety authority in relation to—(a) a union territory; andnational road safety authority to perfrom functions in certain cases(b) a state having no state road safety authority30(2) for the purpose of sub-section (1), the national road safety authority may delegate all or any of its powers or functions that have been conferred upon it by this act to any person or group of persons as the regulations may specify:provided that the national road safety authority shall not delegate its power to make regulations under this act35102 the national road safety authority shall, for the purpose of exercising and discharge of its functions specified under section 17, subject to such conditions as may be prescribed, issue directions to any state road safety authority, and state road safety authority shall, in the discharge of its functions under this act, give effect to such directionspower of national road safety authority to issue directions constitution of state road safety fund40103 (1) with effect from such date as each state government shall, by notification in the official gazette, appoint in this behalf, there shall be constituted for the purposes of this act, a fund to be called as state road safety fund(2) a state government may also credit to the state road safety fund—(a) any grants and loans made to the state road safety authority by the state government;45(b) a proportion of the insurance premium or a road safety cess on such insurance premium as prescribed by the state government; and (c) all sums received by the state road safety authority from such other sources as may be prescribed(3) the fund shall be utilized for making payment towards the preparation and implementation of the state road safety improvement plan5maintenance of accounts104 (1) the state road safety authority shall maintain proper accounts and otherrelevant records and prepare an annual statement of accounts in such form as may be prescribed by the state government in consultation with the comptroller and auditor-general of india10(2) the comptroller and auditor-general of india shall audit the accounts of the state road safety authority, and specify the intervals at which such audits shall be conducted, and any expenditure incurred in connection with such audit shall be payable by the state road safety authority to the comptroller and auditor-general of india15(3) the comptroller and auditor-general of india may appoint any person in connection with the audit under sub-section (2) and such person shall have the same rights and privileges and authority in connection with the audit as the comptroller and auditor-general of india generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books of accounts and other documents and papers and to inspect any of the offices of the state road safety authority20(4) the accounts of the state road safety authority, as certified by the comptroller and auditor-general of india or any other person appointed in this behalf, together with the audit report thereon, shall be forwarded annually to the respective state government and that government shall cause the same to be laid, as soon as it is received, before each house of legislature of that statebudget25105 the state road safety authority shall prepare, in such form and at such time ineach financial year as may be prescribed, by rules made by the state government, the budget for the next financial year, showing the estimated expenditure of the state road safety authority and forward the same to the state governmentannual and special reports30106 (1) the state road safety authority shall submit an annual report to the stategovernment and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of the annual report35(2) the state government shall cause the annual and special reports of the authority to be laid before each house of legislature of that state, along with a memorandum of action taken or proposed to be taken on the recommendations of the authority, and the reasons for non-acceptance of the recommendations, if any chapter vi miscellaneousact to have overriding effect40107 save as otherwise provided, the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act108 the provisions of this act shall be in addition to the provisions of the motor vehicles act, 1988application of certain laws109 (1) the central government may, by notification in the official gazette, make rules for the purpose of carrying out the purposes of this actpower of central government to make rules45(2) every rule made by the central government and every regulation made by the board, under this act, shall be laid, as soon as may be after it is made, before each house or parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session5immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationpower to remove difficulties10110 (1) if any difficulty arises in giving effect to any of the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as it may deem necessary for removing the difficulty:provided that no order shall be made under this section after the expiry of two years from the date of commencement of this act schedule i scheme of penalty points for drivers 15 1 penalty point system| section                        |                                                offences   | penalty                   ||--------------------------------|-----------------------------------------------------------|---------------------------|| points                         |                                                           |                           || 12, 13                         | offences relating to protective headgear                  | 2                         || 20                             |                                                           |                           || 12, 13, 15,                    |                                                           |                           || 16, 17                         | offences relating to conspicuity                          | 1                         || 19                             | failing to restrict the number of people on               | 2                         || motor cycles                   |                                                           |                           || 21                             | offences relating to seat belts                           | 2                         || 22                             | offences relating to the sitting of children              | 2                         || 25                             |                                                           |                           || 29                             | offence of driving at excessive speed                     | 1 for ist offence and if || exceeding the speed limit by   |                                                           |                           || more than 5 kmph but less      |                                                           |                           || than 9 kmph                    |                                                           |                           || 30                             |                                                           |                           || 2 for ist offence and if      |                                                           |                           || exceeding the speed limit by   |                                                           |                           || more than 9 kmph               |                                                           |                           || 3 for each subsequent offence |                                                           |                           || 35                             |                                                           |                           || 34                             | driving which causes threat                               | 3 for ist offence         || to 3 for ist offence public    |                                                           |                           || safety                         |                                                           |                           || 4 for each subsequent offence  |                                                           |                           || 35                             | driving under the influence of                            | 3                         || alcohol or drugs               |                                                           |                           || 40                             | penalty for causing obstruction                           | 1                         || to free flow of 1 traffic      |                                                           |                           || 40                             |                                                           |                           || 44                             | violation of traffic signals and                          | 3                         || traffic signs                  |                                                           |                           || 47                             | using vehicles in unsafe condition                        | 3                         || 45                             |                                                           |                           || 49                             | offences relating to certain communication                | 2                         || devices                        |                                                           |                           || section                |                                                offences   |   penalty ||------------------------|-----------------------------------------------------------|-----------|| points                 |                                                           |           || 50                     | general provision regarding penalties                     |         1 || 53                     | punishment for offences relating to crash                 |         2 || 5                      |                                                           |           || 58                     | disobedience of orders, obstruction and                   |         3 || refusal of information |                                                           |           | 2  award of penalty points10(1) the enforcing authority or any person authorized in this behalf shall award penalty points corresponding to the specific offence to any person who commits an offence as provided under schedule ii the penalty points shall be endorsed and their record shall be maintained in a manner as may be specified by the national authority(2) for the offences involving judicial proceedings and imprisonment, the court shall award penalty points in addition to the fine or imprisonment that may be imposed 3 duration of validity of penalty points15penalty points awarded for an offence shall remain on record for a period of 3 years from the date of award 4 suspension and cancellation of license20(1) at any point of time, if the cumulative total of the penalty points accrued by a driver crosses the limit of twelve (12) points, the driving license shall be suspended for the period of one year on suspension of the driving license, the accrued penalty points shall cease to subsist(2) if a driver whose license has been suspended again accumulates twelve (12)points, that person's driving license shall be cancelled for a period of five years25(3) if a person holding a learner's license accrues four (4) points, then that person's learner's license shall be cancelled the person whose learner's license has been cancelled shall produce a certificate of driving as specified from recognized school or establishment when that person applies for fresh learner's licenseoffenderfinecommunityimprison-vehiclesuspension/refresherremarks(inr)servicementimpoun-cancellation oftrainingdinglicence or permitscheme for levying penalties including fines, imprisonment and impounding of vehiclessection offencetype ofrepeatpenalties to be imposedvehicle oroffence   1                  2        3    4    5          6        7     8           9     101110 (1)offences relating to driving110,000—1 month—cancellation of—either penaltylicence—person holding aall existingor both may belicense attempts to holdlicensesimposedother licence1110,0001 monthcancellation ofall existinglicenses10 (3)offences relating to driving110,000—1 monthcancellation of—either penaltylicenses—person holdingall existingor both may bedriving license holds anylicensesimposedother driving licence1110,0001 monthcancellation ofall existinglicensestransport12non-1,500motorised10 (4)offences relating to driving110,000—3 monthseither penaltylicenses—disqualified foror both may beholding or obtaining driving1110,000—3 monthsimposedlicenses10 (5)offences relating to driving110,0003 monthslicenses—not disclosing1110,000—3 monthsendorsement made12 13offences relating to protectiveheadgear5,000per person21offences relating to5,000per personseat belts22offences relating to5,000per childseating of children25prohibition of parking12,500or abandoning of115,000motor vehicles atcertain places13offences relating tomotor2,500find to beconspicuitycyclespaid by owner15three2,500wheelers16light motor5,000vehicles17stationary10,000transportvehicles   1                  2        3    4    5          6        7     8           9     10112,500speeding by morethan 5 kmph butless than 9 kmph10,0001 months1 month licenceyesspeeding by moresuspensionthan 19 kmphmotor15,000speeding by morecyclesthan 9 kmph butless than 19 kmph26prohibition of driving15,000in certain places1110,0002 weeks1 month licencesuspension29 (1)offence of driving1110,0003 months3 month licenceyesat excessive speedsuspension3,500speeding by morethan 5 kmph butless than 9 kmph15,0001 month1 month licenceyesspeeding by moresuspensionthan 19 kmph1125,0003 months3 month licenceyesspeeding by more10,000suspensionthan 5 kmph butless than 9 kmph115,0002 months2 month licenceyesspeeding by moresuspensionthan 9 kmph butless than 19 kmphlight17,000speeding by moremotorthan 9 kmph butvehiclesless than 19 kmphmedium25,0003 monthscancellation ofyesspeeding by moreand heavylicence for onethan 19 kmphvehiclesyear; suspensionof permit for 6months1150,0006 monthscancellation oflicence for oneyear; suspensionof permit for 6monthsnon-150015 hoursmotorisedtransport111,00030 hoursone week32failure to yield right of way15,000yesto emergency vehicles1110,00029 (2)offence of driving at excessive      punishment in the same manner as provided for section above but the term for the impounding of the carspeed—providing instructions          shall be twice as longto drive at excessive speed1110,000two weeksone monthyes115,000one weektwo weeksyeslight motor15,000one weektwo weeksimpounding tovehiclebe imposed inaddition to fine orimprisonment orbothmedium110,000two weeksone monthyesimpounding andand heavytraining tomotorbe imposed invehiclesaddition to fine orimprisonment orboth34driving which causes threattwo-12,500threeone weekimpounding toto public safety—drivingwheelersdaysbe imposed inagainst the authorisedand threeaddition to fine orflow of trafficwheelersimprisonment orboth   1                  2        3    4    5          6        7     8           9     10111130,000one monthsix monthsyeslicencesuspension1120,000one monthtwo monthsyes115,00030 hoursone weekyes34driving which causes threatall115,000fifteeneither penalty orto public safety—dangerousdaysboth may bedriving with children onimposedboard34driving which causes threatall12,500yesto publicity safety—dangerous115,000lane changing34driving which causes threatall12,50015 hoursthreeither penalty orto public safety—dangerousdaysboth may bepassing or overtakingimposedtype 11230,000100 hoursimpoundsix monthsdriverfor onelicenceweeksuspension fromthe date ofconviction, ordate of sentencingor date of releasetype 111210,000not moresix monthslicencedriverthan sixlicencesuspension inmonthssuspension fromaddition to finethe date ofor imprisonmentconviction, oror bothdate of sentencingor date of release35 (2)prohibition on drivingtype 1130,000twelveeighteen monthslicenceunder the influence ofdrivermonths whichfrom the date ofsuspension inalcohol or drugsmay extendconviction, oradition to fine orto eighteendate ofimprisonmentmonthssentencing oror bothdate of releaseallyesnot morepermanentdriversthan twocancellation ofyearsdriving licence35 (4)driving under theall115,000not moresix monthsinfluence of alcoholthan threelicenceor drugs—drugsmonthssuspension1130,000six monthsthirtytwelve months(withinto one yeardayslicencethreesuspensionyears)light motor25,000suspension forvehiclesone month ofmedium35,000permit grantedmotor vehiclesunder aboveheavy motor50,000sectionsvehiclesall vehiclesyes50,000cancellation ofpermit grantedunder abovesections1 2        3    4    5          6        7     8           9     101140penalty for causing obstruction motor1,000to free flow of traffic, etcvehiclesper hourpedestrians20041overloadingtwo-10,000wheelers41(2)overloading50,000fine to be paidby the ownerof a vehicle orthe consignor42 (2)powers regarding vehiclessuspected of overloading—35,000refusal to submit vehicle forweighing after being directed todo so by a person authorised inthis behalf44violation of traffic signsnon-1,000motorisedtransporti5,000ii10,000all motoriii andone monthyesvehiclesbeyond15,000licencesuspension44 (6)violation of traffic sign—stopnon-500signal or stop signmotorisedtransportall motorvehicles1,000two weeks46railroad  crossing offences5,000not moreeither or boththan twopenalties mayweeksbe imposed47(1)using vehicle in unsafetwo and/or5,0001 monthif bodily injuryconditionthreeor damage towheelersproperty iscaused the fineis to beincreased tors 25,000light motor7,5001 monthvehiclesmedium andheavy motor10,0002 monthsvehicles47(2)using vehicle in unsafetwo and/ori5,0001 monthcondition—three wheelers ii15,0002 monthsviolation of standardslight motor i7,5001 monthspecified in relation tovehiclesii15,0002 monthsroad safety, controlmedium and i10,0002 monthsof noise and air pollutionheavy motor ii15,0004 monthsvehicles47(3)using vehicle in unsafei50,0006 monthseither penaltycondition—driving ofor both may bemotor vehicle inimposedviolation of provisions andii1 lakh6 monthsrules relating to the carriagewhich mayof dangerous and hazardousextend to onegoodsyear48failure to comply with standard10 lakhfine perfor road design, constructionperson killedand maintenanceor disabled   1                  2        3    4    5          6        7     8           9     101149offences relating to certaini4,000communication devicesii6,000iii andbeyond10,000one monthi2,500licenceyessuspension50general provisionii5,00052driving uninsured vehicletwo-5,000wheelersthree-10,000wheelers andlight motorvehiclesmedium and28,000heavy motorvehicles53(1)punishment for offences10,000two weeksyesrelating to a crashlicencesuspension53(2)causing death in certain1 lakhnot less thandeath of acircumstancesfive yearschild3 lakhsnot less thanseven yearspunishment in the same manner as that of the underlying offencepunishment54punishment for abetmentunder aboveof certain offencessections toapply onlyto  ownerandconsignor58 (1)disobedience of order2,50058 (2)withholding of information or5,000one montheither orgiving falseboth of theinfromationpenalties tobe imposed58 (3)causing injury or death of  a1 lakhfour yearsfor causingperson enforcing the actdeath1 lakhtwo yearsfor causinginjury1 type 1 driver is a driver driving any of the following vehicles:—(a) vehicles with children on board(b) educational institution bus(c) heavy motor vehicles(d) vehicles carrying dangerous or hazardous goods(e) chartered service vehicle(f) restricted chartered service vehicle(g) metered service vehicle(h) restricted metered service vehicle(i)scheduled service vehicle(j)restricted scheduled service vehicle(k) taxithe allowable blood alcohol concentration for such drivers is less than 200 mg of alcohol per 100 ml of blood2 a driver who is not type i driver and is—(a) between the age of 18 to 30 years, or(b) learner's license holder or recently disqualified driversthe allowable blood alcohol concentration for such drivers is less than 200 mg of alcohol per 100 ml of blood statement of objects and reasonsin 2013 itself, 14 lakh people were killed and 47 lakh injured in road crashes in indiathis trend is on the rise and this requires immediate legislative attention the erstwhile planning commission had stated in its report that india loses 3% of gdp every year due to road crashes however, the existing motor vehicles act, 1988 does not address the issue of road safety in its entiretyin s rajaseekaran vs union of india, 2014, the hon'ble supreme court of india has also observed that indian roads have proved to be giant killers demanding immediate attention and remedial actionthe draft legislation forwarded by the government of india with regard to road safety diluted in comparison to the urgency of measures required thus, the national road transport safety and miscellaneous provisions bill, 2015 has tried to incorporate provisions for the establishment of both national and state road safety authorities for promoting road safety measures and practices and for the monitoring and regulation of safety standards for all classes of road users it also includes provisions for road safety and traffic management and a more stringent and efficient penalty system for people violating traffic rulesthe loss of innocent lives of the roads is easily avoidable and the proposed legislation seeks to initiate the process for safer and better road transport in the countryhence, this billnew delhi;rabindra kumar jenajuly 08, 2015 financial memorandumclause 67 of the bill provides for the constitution of the national road safety authorityclause 69 provides for remuneration and facilities to the chairperson and members of the national road safety authority clause 85 provides for the constitution of national road crash victim compensation fund clause 86 provides for central government to provide requisite sums to the national road safety authority clause 90 provides for the constitution of the state road safety authority clause 103 provides for constitution of state road safety fund the expenditure relating to constitution of state road safety authority and state road safety fund shall be borne by the respective state governmentsthe bill, therefore, if enacted will involve expenditure from the consolidated fund of india at this stage, it is not possible to quantify the funds that may involve but it is estimated that a sum of rupees five hundred crores may be involved as recurring expenditure per annumnon-recurring expenditure to the tune of rupees one hundred crore may also be involved for creating assets and infrastructure memorandum regarding delegated legislationclause 66 of the bill empowers the national road safety authority to amend the schedules to the act clause 77 empowers the national road safety authority to make regulations for ensuring road safety clause 109 empowers the central government to make rules for carrying out the provisions of this act as the rules will relate to matters of detail only, the delegation of legislative power is of normal character———— a billto significantly reduce the high number of road accidents resulting in deaths and  injuries byestablishing a protective framework for all class of road users, including vulnerableroad users; fixing accountability on and establishing minimum safetystandards for road users, owners and vehicle manufacturers;enhancing enforcement and improving over-all roaddiscipline and for matters connectedtherewith or incidental thereto————(shri rabindra kumar jena, mp)gmgipmrnd—2724ls(s-3)—30112015