SC Mandates Tracking, Panic Buttons for Public Service Vehicles

In a significant move to bolster public transport safety across India, the Supreme Court has issued a directive making vehicle location tracking devices (VLTDs) and emergency panic buttons mandatory for all public service vehicles. A Bench of Justices J.B. Pardiwala and K.V. Viswanathan explicitly stated on Wednesday that no public service vehicle would be granted a fitness certificate under Section 56 or a permit under Section 66 of the Motor Vehicles Act, 1988, unless these essential safety devices are installed, verified, and their operational status reflected in the Vahan database. The Supreme Court's order came during the hearing of the long-standing matter of 'S Rajaseekaran v. Union of India', a case focused on the implementation of comprehensive measures to reduce road accident fatalities throughout the country. The Court expressed deep concern over the dismal compliance rate, noting that a "disturbing" less than one percent of transport vehicles currently have the legally mandated tracking devices installed. This alarming statistic underscored the urgent need for stringent enforcement of Rule 125H of the Central Motor Vehicles Rules, 1989, which already mandates these safety features. Justice Pardiwala emphasized the critical role of these devices in ensuring passenger safety, particularly for vulnerable groups such as women, children, and elderly persons, by facilitating a timely emergency response. The directive not only applies to new vehicles but also includes a mandate for the retrofitting of VLTDs and panic buttons in existing public service vehicles registered up to December 2018. This comprehensive approach aims to ensure that a vast majority of public transport vehicles are equipped with these life-saving technologies. Further, the Court directed all States and Union Territories to strictly enforce Rule 125H in a time-bound and verifiable manner. A crucial aspect of this enforcement is the integration of VLTD installation and functionality with the Vahan database for real-time compliance monitoring. The Vahan portal, managed by the Ministry of Road Transport and Highways (MoRTH), serves as a centralized national register for vehicle data, making it an ideal platform for tracking compliance. Historically, the Ministry of Road Transport and Highways (MoRTH) had issued notifications earlier, making these devices mandatory. For instance, a notification dated November 28, 2016, mandated VLTDs and emergency buttons in public service vehicles (excluding two-wheelers, e-rickshaws, three-wheelers, and vehicles not requiring permits) with effect from April 1, 2018. However, due to implementation difficulties and a lack of command and control centers, the deadline was deferred to April 1, 2019. Subsequently, a notification on October 25, 2018, mandated installation for new public service vehicles registered after January 1, 2019, while leaving it to state/UT governments to notify dates for older vehicles. The Supreme Court's current directive aims to address the persistent lack of enforcement and low compliance despite these earlier mandates. The Court also supported a suggestion that vehicle manufacturers should pre-install these devices before vehicles are sold. To explore the feasibility of this proposal, the Central government has been directed to engage in consultations with automobile manufacturers across India and submit a report to the Court. This proactive step could streamline the installation process and ensure broader compliance from the point of sale. Beyond VLTDs and panic buttons, the Supreme Court also addressed other critical road safety issues. The Bench took serious note of the failure of most States to submit compliance reports regarding the mandatory installation of speed-limiting devices (SLDs), or speed governors, in transport vehicles as per Rule 118 of the Central Motor Vehicles Rules. It reiterated the obligation on manufacturers to fit these devices and directed State governments to provide fresh comprehensive affidavits supported by data from the Vahan and Parivahan portals. The Court also expressed displeasure over the continued non-constitution of the National Road Safety Board, despite earlier directions. Furthermore, Justice Pardiwala highlighted the absence of a 'concept of lane driving' in India as a significant cause of accidents, urging the Union government to address this aspect. This Supreme Court ruling is a pivotal step towards enhancing passenger safety in India's vast public transportation network. By linking fitness certificates and permits directly to the installation and verification of these safety devices, the Court has provided a powerful mechanism for enforcement, aiming to ensure that the mandated safety features become a functional reality rather than a mere legal requirement. The comprehensive nature of the directive, covering new and existing vehicles, manufacturer involvement, and real-time monitoring, signifies a renewed commitment to reducing road accidents and improving the security of commuters across the nation.

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