Thursday 19 Sep 2024

Addressing road safety vulnerabilities

Adv Moses Pinto | SEPTEMBER 18, 2024, 12:31 AM IST

It was way back in June, 2024 that the United Nations General Assembly at its 92nd Meeting had urged speedier action to reduce deaths, injuries from traffic accidents worldwide by adopting the Resolution on Improving Global Road Safety GA/12609 on the 24 of June, 2024.

The Relevant observations in the Resolution were:

“Expressing concern that road safety remains severely underfunded through both public and private financing, and that, despite the existence of a national strategy for road safety in a majority of Member States, most of these are unfunded and are not implemented,

Taking into account the evolving nature of transport, and noting with concern the challenges brought about by these changes, including an increasing number of deaths among riders of powered two- and three-wheelers, electric bicycles and micromobility devices” (UNGA, 2024).

According to Tikender Singh Panwar and Geetam Tiwari in their Article entitled: On the challenges to road safety in India: Explained, which was published on the Hindu Newspaper on the 9 of September, 2024:

“The “India Status Report on Road Safety 2024,” prepared by the TRIP Centre at IIT Delhi, not only highlights India’s slow progress toward meeting international goals of reducing road accident fatalities, but also emphasises the organic connection between road construction, mobility, and the need for a differentiated approach to mitigate road accidents.” (Panwar & Tiwari, 2024).

According to the “India Status Report on Road Safety 2024,” prepared by the Transportation Research and Injury Prevention Centre (TRIP Centre) is an academic unit at the Indian Institute of Technology (IIT) Delhi :

“Most Indian States are unlikely to meet the United Nations Decade of Action for Road Safety goal, which aims to halve traffic deaths by 2030. In 2021, road traffic injuries were the 13th leading cause of death in India and the 12th leading cause of health loss, measured in Disability-Adjusted Life Years (DALYs).” (Dhyeya IAS, 2024).

The report by the Transportation Research and Injury Prevention Centre at the Indian Institute of Technology-Delhi identifies pedestrians, cyclists, and motorised two-wheeler riders as the most common victims of road accidents. Trucks are the leading impacting vehicles in fatal crashes. Alarmingly, helmet usage among motorised two-wheeler riders is below 50% in all but seven States, despite helmets being a simple and effective safety measure to reduce fatalities and serious injuries. (Dhyeya IAS, 2024).

In the backdrop of the recent report by TRIP, IIT Delhi, it would be worthy to remember the statement made by the Minister for Road Transport & Highways, namely Nitin Gadkari on 17 June, 2024 while addressing virtual session on ‘Role of Corporates in Arresting Road Fatalities’ organised by FICCI:

“The Minister said that his Ministry is striving hard to reduce the road accident deaths by restructuring and strengthening four ‘E’ of road safety, that are, Engineering (including road and automobile engineering), Economy, Enforcement and Education.” (PIB, 2024)

Goan Pragmatic Reality

In Goa, the crucial reality is that the training being imparted to drivers of transport vehicles is inadequate to keep up with the evolving road infrastructure in the State.

Even the Minister for Road Transport & Highways has emphasised the need for strengthening the education of road safety measures.

Despite having regard for the right for each and every citizen of India to practice any occupation of his choice, it is evident that most of the transport drivers in Goa are under-educated and are unable to fully adhere to the road traffic regulations that are a prerequisite for operating a transport vehicle on the road.

This low level of education amongst transport vehicle drivers would be directly correlated with a lower application of rationality thereby making it easier for them to lower their inhibitions while engaging in over-speeding and while driving the transport vehicle in a rash and negligent manner thus endangering the lives of vulnerable road users.

And to add to the circumstances, the time bound pressure upon commercial drivers of transport vehicles to deliver the goods on time or to drive the vehicle to the logistics port most certainly dictates the need for speed. Especially, since their job depends on it.

But another factor worth considering here would be the corporate structure of ownership of transport vehicles and how the business owner is almost never implicated by the Police Authorities while prosecuting a transport driver for a road death before the Court of Law.

The law of vicarious liability necessitates that the employer be held legally responsible for the actions of their employees if those actions occur within the course of employment.

The liability is based on the principle that the employer has control over the employee’s actions during employment, thus creating a responsibility to prevent harm caused by those actions.

The principle of vicarious liability provides additional statutory backing for claims against employers in road accident cases involving their vehicles. Employers are expected to ensure that their drivers are adequately trained, follow traffic regulations, and that their vehicles are maintained properly.

Therefore, one of the central factors in the preservation of life on the Goan roads is to increase accountability for the actions of commercial transport drivers while operating significantly voluminous and heavy vehicles which have the propensity to cause road deaths by crashing into vulnerable road users.

Recommendation

In order to curb road crashes in Goa and to preserve the lives of two wheeler users in Goa, the transport vehicles such as trailer trucks, RCC mixer trucks, multi-axle tempos and other transport lorries should be placed on a daytime curfew which only permits them to run on Goan roads during the night hours (10 PM to 6 AM) and in reciprocity, the State Transport Department may consider imposing a curfew on the Two Wheelers usage on the State and National Highways during the night hours (10 PM to 6 AM) when the heavy vehicles are plying on the roads.

Traffic Segregation based on timing the road usage is an immediate solution to the road safety risks on Goan roads.

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