SC mandates electronic road safety measures nationwide

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NEW DELHI: The Supreme Court on Monday highlighted the critical need for strict enforcement of road discipline across India, urging all states and Union territories (UTs) to utilise electronic monitoring and enforcement devices. The court directed the implementation of technology, including speed cameras, CCTV cameras, and speed guns, to enhance road safety on national highways, state highways, and urban roads.

A bench comprising Justices AS Oka and Augustine George Masih ordered all state governments to immediately enforce Section 136A of the Motor Vehicles (MV) Act, 1988. This provision, introduced through a 2019 amendment, mandates the use of electronic monitoring for road safety.

The bench described Section 136A as an “innovative provision” aimed at assisting state governments in maintaining stringent road discipline. “If Section 136A is enforced, state authorities will obtain data on vehicles and individuals violating MV Act provisions, enabling the prosecution of those offenders,” the bench emphasised in its order.

In addition to enforcing Section 136A, the court directed state governments to comply with Rule 167A of the Central Motor Vehicles Rules, 1988. This rule specifies guidelines for the use of electronic enforcement devices to issue penalties for various traffic violations, including speeding, unauthorised parking, and not wearing protective gear. The court stressed that penalties should be based on footage from these devices, ensuring accuracy and fairness in enforcement.

The bench decided to monitor compliance by grouping states into batches, initially focusing on Delhi, West Bengal, Maharashtra, Tamil Nadu, Karnataka, and Kerala. These states have been instructed to report their compliance with Section 136A by December 6, 2024. Reports are to be submitted to amicus curiae, senior advocate Gaurav Agarwal, with the court scheduled to review the progress on December 13, 2024. Further directives will be issued to ensure nationwide adherence to the MV Act.