New Delhi: In a bid to ensure road discipline on highways and roads, the S. A bench of Justices Abhay S Oka and Augustine George Masih directed Delhi, West Bengal, Maharashtra, Tamil Nadu, Karnataka, and Kerala to apprise the court of the steps taken to comply with Section 136A read with Rule 167A of the Motor Vehicles Act.
It said after the state government and Union territories decide about the use of electronic enforcement devices for issuance of challans, they shall ensure that fines for violation of provisions of the MV Act are made based on footage from electronic devices.
Rule 167A specifies the detailed provisions for the placement of electronic enforcement devices (speed camera, closed-circuit television camera, speed gun, body wearable camera, dashboard camera, Automatic Number Plate Recognition (ANPR), weigh-in machine (WIM) and any such technology).
Under the rule, the state governments are to ensure that electronic enforcement devices are placed at high-risk and high-density corridors on National and State Highways, and at critical junctions at least in major cities with more than one million population and also including 132 cities as specified in the rules.
“We direct the state governments of Delhi, West Bengal, Maharashtra, Tamil Nadu, Karnataka, and Kerala to report to this court the steps taken to comply with Section 136A read with Rule 167A. The report shall be submitted to the amicus curiae by December 6,” the bench directed.
The top court was hearing a public interest litigation filed in 2012 for ensuring road safety in the country.
It said the court will consider the reports on December 11 and will issue directions to the other state governments for the same.
The bench noted that a concept paper has been prepared on the modalities for the implementation and the nationwide rollout of effective enforcement of Section 136A of the MV Act.
“If at all the recommendations made in the concept paper are to be implemented, the provisions of Section 163A (compensation of victim/claimant in the case of permanent disablement/death due to accident from motor vehicle) will not be implemented for a few more years.
“We, therefore, direct all state governments and Union territories to immediately take steps to implement Section 136A in terms of Rule 167 of the MV Act,” the bench directed.
The bench termed Section 136A, enacted in 2021, as an “innovative provision” and said it will help the state governments in ensuring that road discipline is followed and the provisions of the MV Act and rules are scrupulously followed.
“If Section 136A is implemented, the state machinery will get data of the vehicles and individuals which are offending the provisions of the MV Act and rules thereunder and can be prosecuted accordingly,” the bench ordered.
The bench noted that Rule 167A has been incorporated in the rules by virtue of an amendment in the Central Motor Vehicle Act in 2021 and under it, 132 cities have been notified of the use of electronic enforcement devices for road safety.
It said there is already a committee appointed by the court called the Supreme Court Committee on Road Safety and the issue of implementation of Section 136A of the MV Act can be monitored by it after considering all the stakeholders.
