In a significant order, the Supreme Court on Monday
directed 23 states and seven union territories to file compliance reports
indicating implementation of the Motor Vehicle law's recent provisions besides
rules on electronic monitoring and road safety measures.
A bench comprising Justices Abhay S Oka and Ujjal
Bhuyan noted six states and a UT, namely, West Bengal, Maharashtra, Tamil Nadu,
Karnataka, Kerala and Delhi, had filed their compliance reports.
The top court on September 2, 2024 passed directions
on the implementation of Section 136A of the Motor Vehicles Act read with Rule
167A of the Motor Vehicles Rules which allow authorities to electronically
monitor speeding vehicles.
The bench has now asked the remaining 23 states and
seven UTs to file their compliance reports which will be shared with the
Supreme Court committee on road safety.
The apex court panel, in turn, would look into all
aspects and provide its inputs which could be considered by the Centre in
framing the standard operating procedure on electronic monitoring and
enforcement of road safety measures, the bench said.
Senior advocate Gaurav Agrawal, assisting the bench
as an amicus curiae, informed the bench that six states had filed their reports
and the necessary directions may be passed with regard to them.
The bench said it would consider the aspect on March
25 and its panel on road safety, in the meantime, could seek assistance of the
six states while deliberating upon the reports.
Section 136A, introduced in 2021 in the Motor
Vehicles Act, 1988, aims to deploy advanced technologies such as speed cameras,
closed-circuit television (CCTV) cameras, speed guns, body-worn cameras, and
automatic number plate recognition systems to ensure better traffic management
and enforcement of traffic laws.
It also emphasises electronic monitoring on national
highways, state highways, and urban roads in cities with a population exceeding
one million.
Rule 167A of the Motor Vehicles Rules deal with the
implementation and other regulatory aspects of road safety measures.
Under the rule, the state governments have to ensure
installation of electronic enforcement devices at high-risk and high-density
corridors on national and state highways, and at critical junctions at least in
major cities with more than a million population and also including 132 cities
as specified in the rules.
"Section 136A of the Motor Vehicles Act is an
innovative provision with the potential to transform road safety enforcement by
leveraging technology. Proper implementation will ensure road discipline and
allow for the efficient prosecution of violators," the bench had observed.
It directed the Ministry of Road Transport and
Highways to circulate the order to all states and union territories for
immediate compliance.
The bench said the state governments were required
to install devices in high-risk corridors, major junctions, and cities with populations
exceeding one million.
Devices such as body-worn cameras used by
enforcement officials must notify offenders about ongoing recording, it said,
and offenders will be issued electronic challans, complete with photographic
evidence, date, time, and location stamps, apart from details of the
violations.
The court, however, clarified electronic enforcement
devices must not be used for surveillance purposes unrelated to traffic
violations.
The Supreme Court committee on road safety was
tasked by the bench to oversee the nationwide implementation of the measures.
The top court was hearing a PIL on road safety filed
in 2012.