Press Release-Patna, 28 April, 2016
This press conference is called to suggest process and measures which would ensure precautionary measures resulting in minimize/control Road accidents & resultant deaths to a reasonable extent if the Speed Governors which are mandated by the Hon’able Supreme Court to save precious human lives are installed through a tender/eligibility criteria process.
As per recent survey and latest news articles on road accidents it is evident that Commercial Vehicles on highway with high speed are one of the main reason.
As per the National Crime Records Bureau report for the year 2014, in the State of Bihar 9531 road accidents took place with 6789 injuries and 4822 deaths in the year 2014. This is very large volume of Deaths.
It is submitted over speeding by commercial vehicles has played a major role in such accidental deaths in the State of Bihar.
However, because of improper implementation and lack of enforcement, the desired results for Installation of Speed Governors could not be obtained and achieved inasmuch as the State lacked in their intent on the implementation of the Speed Governor regime and kept on giving relaxation with regard to installation of Speed Governors on various category of vehicles citing reason of non availability of Speed Governor in the market with regard to that segment of motor vehicle. No effort has, however, made by the State to ensure availability of Speed Governors to achieve the intent and directions of the Hon’ble Supreme Court as mandated vide its order in PIL No. WPC no 793/2015.
Speeding Kills- Control Speed & Reduce number of accidents by installing Speed Governors in Commercial Vehicles.
The most effective way to reduce these alarming statistics is by slowing down on our roads. If we all slowed down, our chances of being killed or seriously injured on the road would dramatically decrease. Speeding is not just driving faster than the speed limit. It is also driving too fast for the weather, light, traffic and road conditions. After lot of efforts & persuasion in order to reduce deaths & injuries on the roads of the country, Supreme Court of India in the year 2002, issued directions for fitment of speed governors to save lives to all the states, but to utter disregard to human lives states have not followed the directions.
Recently, the Ministry Of Road Transport & Highways, Government Of India, vide Notification dated 15th April, 2015 notified vide G.S.R.290 ( E), amendment in CMVR Rule No. 118 concerning Speed Governors. According to the said amendment, the State Government, on or before 1st October 2015, shall specify the categories of transport vehicles registered prior to 1st October 2015, which are not already fitted with a Speed Governor and not exempted in the provision in the Rule, with a Speed Governor by the operators of those vehicles on or before April 1, 2016 with a maximum preset speed as may be specified in the notification or by the State Government. Further by an order dated February 18, 2016, the Hon’ble Division Bench Karnataka High Court has allowed a Writ Petition by quashing the exemption granted to M1, M2 & N1 Category of transport & goods vehicles from fitment of Speed Governors.
Public Interest Litigation (PIL) in the Hon’ble Supreme Court Of India ( Writ Petition (C) No. 793 of 2015) against the MORTH, Union of India and all States Principal Secretary / Transport Commissioner a Division Bench of Hon’ble Supreme Court was pleased to issue notice to all parties returnable on 11th January, 2016 ( since extended to 19th February, 2014)to submit report(s) with regard to implementation of Speed Governors and the Union of India as well as the States/Union Territories have been directed to furnish reports as regards the steps taken by them in pursuant of the various judgments passed by the Hon’ble Supreme Court as well as the statutory notifications and the letter dated 21.08.2009 for the implementation of the notification dated 15.04.2015 issued by the Ministry of Road Transport & Highways. (Copy of orders are available for circulation)
In its letter dated 21 August 2009, MORTH had suggested that for the fitment of speed governors through proper tender/eligibility criteria process and follow a very stringent MIS system to ensure Quality of Speed Governors installed and avoid Fly-by-night and sub-standard manufacturers and do away with Tampering issues and provide a proper AMCs and After Sales Service. In addition in case the Vendor does not meet the requirements a stiff penalty could be imposed to safeguard the interest of the state. Thus to ensure effective implementation, the State Governments should invite tenders with suitable eligibility criteria and should not be implemented through open market process which has been extensive abused and misused.
On 21st February, 2016 the CMVR-TSC directed that each selected SLD manufacturer/supplier will be required to maintain a MIS system to keep record of each SLD installed on the vehicle for audit/quick retrieval at any time. An MIS should be capable of analyzing all required and connected information.
State of Bihar has come out with the notification no. 6/Miscellaneous (Speed Governor) – 16/2016/951 dated 22nd April 2016in pursuance of the MORTH Notification dated 15th April 2015. However they have not followed the guidelines of MORTH letter dated 21st August 2009 and minutes of meeting of MORTH dated 21st December 2015 of selection of manufacturers of Speed Governor through stringent shortlisting process with suitable Eligibility Criteria.
In this regard we believe that proper Implementation of Notification GSR 290 (E) dated April 15, 2015 regarding Speed Governors can be achieved if the same is implemented through tender/eligibility criteria process to achieve real aim of the said Notification in the State of Jharkhand…..just like the state of Karnataka has done by following a process of Selection of Manufacturers of Speed Governors through stringent short listing process with suitable eligibility criteria.
Please Install Speed Governors to save Lives through proper tender /short listing process: In view of the above, we are pleading to the state governments that the only way to ensure the effective state– wide implementation of the speed control is to install Speed Governors regime, and to put an end to the infringement of the fundamental rights enshrined in Article 21 of the Constitution, is through immediate implementation of the scheme through proper tender process by short listing the agency/ manufacturers through rigorous and stringent short listing process with strict terms & conditions and thereafter assign the project to those eligible shortlisted manufacturers who comply & fulfil the criteria (ascertain through the state approved agency only).
For more information, please contact:
Dr. Kamaljit Soi, Member– National Road Safety Council, Ministry of Road Transport & Highways, Government of India.
International Road Safety Expert
Mobile: 9815033333, Email: firstname.lastname@example.org
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