46
Requirement to Have New ACT

Session 5.2 - MV ACT BILL

  • Upload
    embarq

  • View
    238

  • Download
    0

Embed Size (px)

DESCRIPTION

Mr. Prasanna Patwardhan, Purple Mobility Solutions

Citation preview

Page 1: Session 5.2 - MV ACT BILL

Requirement to Have New ACT

Page 2: Session 5.2 - MV ACT BILL

India has the second largest road network in the world

India’s Road Network has expanded from ~4 lac km in 1951 to ~47 lac km in 2011

India has a road density 1.42km/sq.km., which is the densest for a country of this size and compares favourably with other middle-income and emerging countries

ROAD TRANSPORT IN INDIA: Infrastructure

Page 3: Session 5.2 - MV ACT BILL

The last two decades have seen a dramatic increase in the overall number of vehicles used for road transport in India

The total number of vehicles is expected to increase 3-4x to 500-600 million by 2030

ROAD TRANSPORT IN INDIA: Vehicles

21

Million

(1991)

142

Million

(2011)

14

Million

(1991)

102

Million

(2011)

All Vehicles 2-Wheelers

Page 4: Session 5.2 - MV ACT BILL

ROAD TRANSPORT IN INDIA: Road & Rail

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

1950-51 2010-11

Rail

Road

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

1950-51 2010-11

Rail

Road

Freight Traffic Passenger Traffic

In last 60 years, the road sector has seen:

The share of freight traffic increase from 10 to 69%

The share of passenger traffic increase from 30 to 90%

Page 5: Session 5.2 - MV ACT BILL

The average vehicular speeds on India’s highways is significantly less than the global average, yet the number of deaths is higher by comparison

Highway speeds and road safety

19

1413

12

6

4

0

2

4

6

8

10

12

14

16

18

20

Death rate per 100,000

0

20

40

60

80

100

120

140

160

India Global average

Average truck speed kmph

30-55

60-140

Action required – road safety, speeds, and traffic conditions need improvement

Source: WorldLifeExpectancy.Com -

2011 , Deloitte research report - 2012

Page 6: Session 5.2 - MV ACT BILL

Although India spends less on logistics than most nations, its per ton-km total cost is 30-70% higher

Logistics spends – India and other countries

1373

515

240

138

0 500 1000 1500

USA

Japan

Germany

India

Spend on logistics (USD billion, 2007)

10

10

8

13

0 5 10 15

USA

Japan

Germany

India

Logistics as % of GDP (Percentage, 2007)

India, 13.8

India, 3.2

India, 1.9

USA, 10.8

USA, 1.9

USA, 1.1

0 5 10 15

Road

Rail

Costal Shipping

PPP adjusted unit cost

(USc per ton-km, 2007)

Sources: Industry trends, McKinsey

Page 7: Session 5.2 - MV ACT BILL

ROAD TRANSPORT IN INDIA: Demand

2012 2032

10,375

billion pkm

Overall Road Passenger Transport Demand Growth

168,875

billion pkm

16x

2012 2032

2,000

billion Tkm

Overall Road Freight Transport Demand Growth

13,000

billion Tkm

6.5x

Total Passenger Demand is expected to grow at 15.4% per annum over the next 20 years

Total Freight Transport Demand is expected to grow at 9.7% per annum over the next 20 years

Page 8: Session 5.2 - MV ACT BILL

To provide a framework for safe, fast, cost effective and inclusive movement for passenger and freight in the country thus enabling ‘make in India’

Vision Of The New Act

2 laclives to be saved in

first 5 years due to

reduction in road traffic

accident deaths

4% GDP improvement on

account of increased

efficiency and safety of

road transport sector

10 lac Jobs to created with

increased private

sector participation

Page 9: Session 5.2 - MV ACT BILL

Vision Of the New Act

To provide a framework for safe, fast, cost effective and inclusive

movement for passenger and freight in the country

The support the vision of ‘Make in India’ thereby contributing to

economic development of the country

Improve the Road Safety scenario of the country

Increase private sector participation in the road transportation

industry

Enable the adoption of state of the art technology for the road

transport sector

Page 10: Session 5.2 - MV ACT BILL

Guiding Principles of the Act

• To Facilitate seamless movement of People and Goods across India ;

• To Plan and develop transportation systems & infrastructure ;

• To Promote adoption of new Innovative technology;

• To Ensure public health and safety;

• To Promote low carbon, energy-efficient and environment-friendly road

transportation system;

• To Prevent the deterioration of the road and Transit improvement Infrastructure

network;

• To encourage competition and level playing field while designing scheme and

granting permits.

Page 11: Session 5.2 - MV ACT BILL

Old ACT New ACT

Ambiguous Act More clear Act.

Powers to Regulate: More to The State Government

More to The Central Government

Powers to RTO :Discretionary Limited powers and discretion

Focus of Regulation : Revenue generation To improve safety and convenience of people , efficiency and utilization of vehicle by ensuring smooth flow of traffic to make India globally competitive

Economic Regulator : No concept Central Government will act as regulator in certain cases

Principles of taxation and tariff regulation: No provision

Powers with Central Government clearly defined

Page 12: Session 5.2 - MV ACT BILL

Old ACT New ACT

Enforcement : Mostly by people Mandatory by electronic technology.

Highway enforcement - By multiple Authorities

By single Authority

Accountability of the officers /authority: Not defined

Clearly defined

Apply and payment transactions: By physical presence

Option through internet

Fitness test: only at the place of registration Anywhere in India

Transport system planning and development: By transport department of The State

By Independent accountable Authority at each level ( UMTA at City level)

Page 13: Session 5.2 - MV ACT BILL

Old ACT New ACT

Infrastructure development : No provision Plan to develop network across India by transport authority

Quality standards for roads and infrastructure : Not provided

Defined Quality standards for roads and infrastructure

Performance monitoring of Roads and Infrastructure : Not considered

Defined parameters with benchmarks, targets and timelines.

Multimodal integration: No provision Focused efforts to promote Multimodal integration

Vehicle and driver records; Manual and disintegrated

Unified, Centralized and digital

License to drive transport vehicle ; On the basis of educational qualification

On the basis of automated test of competence

Page 14: Session 5.2 - MV ACT BILL

Old ACT New ACT

Private sector participation : Not defined Provision to outsource Licensing and fitness test center

Time bound delivery of services by officers : Not defined

Time bound delivery of services by officers is defined with penalty

Training of people : No defined responsibility Defined responsible Authority

Public Transport Systems: Low focus on development

High focus with defined steps

Public transport Operators : Favorable to Government undertakings

Open to Public, Private and PPP

Control of Interstate movement of transport vehicles : By the State Government

By the Central Government

Page 15: Session 5.2 - MV ACT BILL

Old ACT New ACT

Publishing of Information: No provision Specific provisions to publish information of public transport about routes, schedules and fares across India

Type approval : time limit not defined Provision of deemed approval after six months

Obligations of Manufacturer: Not defined Provision to recall faulty product by giving refund

Fuel efficiency monitoring: Not provided Defined monitoring systems by National Authority

Supply of spare parts: Monopoly by vehicle manufacturer

Approval system open to anyone who wish to manufacture spare parts like ISI mark

Retro fitment : No clarity Special provision to protect warranty and insurance claims

Page 16: Session 5.2 - MV ACT BILL

Old ACT New ACT

Variation in GVW Five percent permissible

Claim settlement: timelines not defined Third party Claim settlement: Provision to limit

Claim settlement: timelines not defined Timelines defined to submit report and make settlement , award of settlement payment and distribution of money with specific provisions

Immediate relief to accident victims : no provision

Introduction of Golden hour free medical treatment from Insurance fund

Penalty: only to driver and owner Additionally to concern officer, toll operator, consigner and manufacturer

Double Penalty – Double ,to driver and owner both in many cases

Single Penalty – To either driver or owner or Consigner

Penalty: More discretionary , In many cases on the basis of officers judgment

Penalty: High usage of technology is prescribed to bring in transparency

Page 17: Session 5.2 - MV ACT BILL

Motor Vehicle Regulation & Road Safety Authority of India

Dedicated focus

and institutional

setup to save

more than

200,000 lives in

first 5 yrs

Independent agency for

vehicle regulation and

road safety

Legally empowered & fully

functional agency,

accountable to Central

Government.

Financial independence with

innovate financing

mechanism for continued

safety program

Page 18: Session 5.2 - MV ACT BILL

Vehicle Regulation and Road Safety Authority

Objectives of The Authority

• to ensure smooth flow of traffic by removing impediment

• To eliminating practices that are adverse to Transportation and Road Safety

• To promote innovation and new technology.

Uniformity across India in relation to Motor Vehicles in

• Unified Vehicle Registration and Driving licenses

• Vehicle Design, Production, Maintenance, and End-of-life

• Vehicle spare parts and related Equipment's.

• Procedures to test vehicles, Drivers , Training and Working environment;

Define & Regulate Safety Standards for

• The Design, Constructing , Maintenance and Performance of roads and Transit improvement infrastructure

Define Traffic Rules to ensure Safety of

• Road users and Vulnerable Road users ;

• Passengers & Goods being carried by Transport Vehicles

Page 19: Session 5.2 - MV ACT BILL

Vehicle Regulation and Road Safety Authority

Promote New Technology in

• Manufacturing, Maintenance and Operations of Motor Vehicles

• Services offered by Transport Vehicles

• Traffic Monitoring & Regulation

Improve Efficiency by

• Encouraging fair competition,

• Adopting Innovation and Efficient practices;

• Encouraging economical use of resources

• Introduction of Public Private Partnership schemes;

• Defining and establishing Performance standards;

Develop and maintain a National Unified Information System for

• Driving Licences and Penalty points their on

• Motor Vehicles Produced, Registered , Insured and given Permits,

• Traffic offenses

Capacity building and Training

• Establish training centers for Drivers , Police and Government officers

Page 20: Session 5.2 - MV ACT BILL

Vehicle Regulation and Road Safety Authority

Act as Economic Regulator for the purpose of determining

• Costs of mandatory safety equipment to be installed in Vehicles.

Issue Guidelines for

• Categorization and types of roads

• Methods of data collection

• Electronic payment of fees and fines

• Inspection , audit and rating of assets

• Establishing Testing centers for vehicle fitness and driver licensing

• Evaluation and enforcement of this act

Set Quality standards for

• Service delivery by Transport vehicles

• Roads and Transit improvement infrastructure

• Technology to be used

Research & Development

• Encourage R&D in manufacturing, Maintenance, Operations and services

• Technology to be used

Page 21: Session 5.2 - MV ACT BILL

Regulation of Motor Vehicle

Promote innovation and

technology adoption

Create new economy

around spare part

production

Improved vehicle design

for safer travel

Time-bound vehicle

type approval to

promote innovation.

Conformity to make

spare parts cheaper

SPARES

Page 22: Session 5.2 - MV ACT BILL

Motor Vehicle Regulation

Facilitate free flow of interstate traffic

• Uniform vehicle designs and operating rules through out India.

Faster adoption of new technology

• Provision of deemed vehicle type approval in six months.

Certificate of Compliance

• will improve availability of Genuine spare parts at most competitive rates.

Retro fitment

• Possible without losing on warranty and insurance claim

Allowable variation in GVW - Five per

Assured Safety

• Compulsory safety assessment test before type approval

Assured Quality

• Manufacturers to recall vehicles if found faulty and pay back received money.

Liability and obligation of manufacturers

• If accident is caused by the Manufacturing defect then compensation shall be paid by the manufacturer.

Page 23: Session 5.2 - MV ACT BILL

Unified Driver Licensing System

Simplified application and

issuance procedures for

driver licensing system

Unified biometric system

to avoid duplication.

Technology adoption for

driver testing facilities

Transparent, single

window driver licencing

system. Automated

driving test for increased

capacity with private

sector particicaption.

Page 24: Session 5.2 - MV ACT BILL

Unified Driver Licensing system

Unified license system throughout India

• Unique number , Easy to apply, renew , change of address and track Performance;

Easy availability of drivers

• Educational qualification and two years experience to get license to drive transport vehicle is not required ;

Hassle free

• Apply for New or Renewal of license from anywhere in India.

Time bound service delivery

• Will get license within specified time

Wide Network and efficient delivery

• PPP Scheme for processing to make system efficient and easily accessible

Ensure Transparency

• Mandatory use of Automated driving test and its Recording.

Establish discipline

• Penal point system to be recorded on the license for further actions

Page 25: Session 5.2 - MV ACT BILL

Unified Vehicle Registration System

Unified registration in a

dynamic information system

Manufacturer, owner,

transport authority, insurer,

enforcement agency all in

one eco-system

Private sector participation in

establishing fitness centres

Integration of all

stakeholders.

Easy (online) transfer of

vehicles across states.

Increased private

sector participation to

create more jobs

Page 26: Session 5.2 - MV ACT BILL

Unified Vehicle Registration System

Easy Procedure

• Possible to apply for Registration, take Fitness test , Transfer and Change of address across India electronically;

Integrated System

• Data of various stakeholders such as Manufacturers, Registering and Permit issuing Authorities, Insurance companies, Traffic enforcement agencies, Testing centres is integrated at a single IT platform;

Uniform Motor Vehicle Tax

• Principle of taxation for interstate movement will be defined by Central Government.

Display of unique identification mark

• For easy readability and automation of traffic regulation

Wide Network and efficient delivery

• PPP Scheme for Fitness centers to make system efficient and easily accessible

No suspension on the grounds of breach of permit conditions

Page 27: Session 5.2 - MV ACT BILL

National Road Transport & Multimodal Coordination Authority

Single national authority

for improving quality of

road transportation

Focus on developing

integrated transport

systems & multi-modal

hubs

Feeder system and last

mile connectivity for

people friendly mobility

Institutional setup to

facilitate ‘Make in

India’ vision. Seamless

movement of goods

and passengers

across various modes

Page 28: Session 5.2 - MV ACT BILL

Road Transport and Multimodal Coordination Authority ( National & State )

Objects

• Plan and develop integrated, safe and sustainable transport systems

• Seek to increase share of Public Transport by improving quality standards

• To promote economic prosperity through efficient and reliable movement of goods and passengers.

Focused committee to develop and monitor

• Road standards for safe and smooth movement of Passenger and goods;

• Traffic management to ensure smooth flow of traffic;

• Transit improvement infrastructure;

• Multimodal Coordination within transportation by Road, Rail, Air and Sea;

Collaborative Planning and development

• With Central and State Governments , Various Transport Bodies ,Public entities, land holding agencies, and Passenger and Goods transport system operators.

Page 29: Session 5.2 - MV ACT BILL

Road Transport and Multimodal Coordination Authority ( National & State )

Promote Public Transport

• Through Public or Private transport companies or Public Private Partnerships .

• Ensure fair competition by providing level playing field

• Expand the network to increase the reach and share of Public transport.

Facilitate growth in GDP

• By ensuring free movement of Passenger and Goods vehicles by reducing hindrances on road

• Increase vehicle and other asset utilisation to international standards

• Facilitate consolidation of goods by developing required infrastructure

Development of Infrastructure

• Truck , Bus and Multimodal terminals at strategic locations;

• Connecting corridors to Railway stations, Air and Sea Ports;

• Transit improvement infrastructure for the smooth and safe movement of passengers and goods.

Multimodal Integration

• Identify places of integration at Cities, Industrial areas, Sea ports , Airports, and Railway junctions in Coordination with Respective authorities.

Page 30: Session 5.2 - MV ACT BILL

Road Transport and Multimodal Coordination Authority ( National & State )

Make frame work for Operating systems • Design and frame Schemes; • Define service level benchmarks, quality norms and performance parameters; • Targets dates to achieve objectives stated in the scheme; • Regulate schemes and Permits for Passenger and goods transport;Economic regulator• To determine principles of taxation on interstate movement of transport vehicles

• Rates to be charged for usage of Transit improvement infrastructure.Determination of tariff• For inter-State permit by National Transport Authority • For Intra-state permit by State transport authority.Single window service for Permits• Electronic submission, issuing of permit , collection of fees and their state wise

distribution to facilitate completion of activities in time bound and transparent manner

Fleet management policy• Person having more than one vehicle to have fleet management policyCollect and publish information on• Route Maps, Schedules, fares and time tables

Page 31: Session 5.2 - MV ACT BILL

Public passenger Transport

Increasing the share of

public passenger

transportation

Two-tier permit system -

national and intrastate

permit

Developing & regulating

public transport schemes

Promoting eco-friendly

public transportation

for improving road

safety, cost-

effectiveness.

Page 32: Session 5.2 - MV ACT BILL

Passenger Transport

Plan

• Local , State and National Authority to plan for their respective areas.

Scheme on the basis of Plan

• Relevant Authorities will prepare a scheme defining , Area covered, Duration, Tariff, Operator qualifications , Selection criteria , Permit conditions, Rules of operations and Transition plan etc.

Approval of Schemes

• Interstate By National Transport Authority and within The State by State Transport Authority.

Integration of Transportation

• National Transport authority will ensure integration of within state and interstate movement of vehicles

Only two types of permits

• National Passenger Transport Permit and State Passenger Transport Permit .

Issuance of Permit

• Implementation agencies will issue Permits as defined in the Scheme;

Page 33: Session 5.2 - MV ACT BILL

Passenger Transport

• Three type of category of services- Schedule , Charter and Meter

• Three sub categories –

1. Restricted schedule service – operates on less than 125 Km route. With individual ticketing on fixed schedule.

2. Restricted Charter service – Attached vehicles by agreement with school or factory

3. Restricted meter services – Vehicles smaller than 12 seat used on sharing basis on fixed routes.

• Schedule of implementation- The authorities will define process of implementation within two years.

• No temporary Permit - No transport vehicle to get registration and permission to ply without having permit declared under the scheme.

• Facilitation of Interstate movement – No state will prevent or hinder movement of vehicles having National Passenger Transport Permit.

• Power to obtain information from the Operator – National authority may ask operator to submit information related to his services.

Page 34: Session 5.2 - MV ACT BILL

Goods Transport & National Freight Policy

Simplified permits with

online payment and

single portal clearances

Identification and

development of freight

network

Address bottlenecks

concerning trucking

industry

Increase in logistics

efficiency will reduce

inflation and enable

Indian manufacturing

to become globally

competitive

Page 35: Session 5.2 - MV ACT BILL

Goods Transport

Designate a Freight network

• Collect OD data on movement of Goods and Trucks on Main National and State highways;

National freight strategic plan

• Develop a strategy for efficient movement of goods within two years;

• Identify bottlenecks and find solutions to remove them to streamline traffic;

• Find out means to fund the projects through Public or Private entities;

State Freight strategic plan

• Develop plans , solution and generate fund required for development within The State;

Issues Permits

• National Permit By National Transport Authority

• State Permit By State Transport Authority.

Facilitation of interstate Movement

• No state will prevent or hinder movement of vehicles having National Passenger Transport Permit.

Taxation on Goods vehicles

• Central Government will decide principles of Taxation

Page 36: Session 5.2 - MV ACT BILL

Infrastructure & Multimodal Facilitation

Infrastructure for

passenger and goods

movement

Specific provision for

infrastructural needs of

vulnerable road users

Integration across

various modes of

transport

Dedicated

infrastructure will

improve safety.

multimodal integration

will improve reliability

and lower the cost of

transportation

Page 37: Session 5.2 - MV ACT BILL

Infrastructure

Transit Improvement Infrastructure development

• Includes Terminals, Parking places, Rest areas, Footpaths, cycle tracks etc;

Plan

• Authority to identify locations, Plan and Develop network of such facilities across the county.

Develop

• Authority will provide Rules and Guidelines for operation;

• Stipulate procedures for development;

• Find means to fund the projects through Pubic or Private identities

Define Standards

• Issue guidelines on operating procedures and standards;

Make Regulations

• National Transport Authority will make rules and regulations related to the development and operation of Infrastructure

Page 38: Session 5.2 - MV ACT BILL

Road Safety & Traffic Management

Provision for enforcement

of modern safety

technologies

Creation of a motor

accident fund for

immediate relief to

accident victim

Special emphasis on

safety of school children

and security of women

Electronic

enforcement in urban

clusters.

Special emphasis for

safety of vulnerable

road users

Page 39: Session 5.2 - MV ACT BILL

Road Safety and Traffic Management

Unified Road accident and offenses systems

• National Authority to develop centralized standard system to record accidents and offenses made by vehicles and drivers in two years.

Unauthorized sale of Protective & visibility gear

• No manufacturer will sell safety wear’s without approval of National Authority.

Seat belt children

• Child below eight year not to occupy front seat.

Seat belt for bus passengers

• Owner liability is limited to making announcement and putting up signs.

Parking of heavy vehicles

• for loading unloading on foot paths ensuring putting up of adequate signs.

Restricted roads , Child zones

• Special rules & Speed limits

Priority to Ambulance and fire brigade

Over all vehicles including VIP,VVIP movement.

Speeding offenses for Transport Vehicles

Providing non practical schedules to the driver by transport companies

Page 40: Session 5.2 - MV ACT BILL

Road Safety and Traffic Management

Tampering with the vehicle without owners permission• On road or Public place;Disruption of flow of traffic• Not to disrupt even NMT and pedestrian traffic .Responsibility to stop overloading• Toll operators and Police officers Responsibility of overloading• On owner and consigners.Electronic Enforcement• Mandatory for the cities listed by the Central Government.Nation wide emergency number• Toll free single National number Duty of driver in case of accident• To admit victim in the hospital.Duty of doctor• To immediate start treatment without waiting for FIR or Money.Duty of Driver while crossing unguarded Railway line• Must stop, get down and inspect it by himself or attendant before crossing.

Page 41: Session 5.2 - MV ACT BILL

Insurance of Motor Vehicle against Third Party

Limited Liability of Insurance companies

• Liability of insurance company in Third Party claim will be limited;

Process of settlement

• Report of claim amount acceptance by insurance company within 30 days , if accepted by claimant then pay in 30 days the entire amount;.

Report by investigating officer in 24 hours

• Investigating officer to give report in 24 hours and file FIR in standard format with claim tribunal in 15 days;

Golden hour

• Duty of driver to admit, duty of doctor to treat and duty of Insurance companies to take responsibility of treatment;

Motor Accident fund

• By levy of Cess or Percentage of insurance premium

• To be utilised for treatment of people during golden hour or in cases of hit and run;

Page 42: Session 5.2 - MV ACT BILL

National Highway Force

To ensure efficient

movement of passenger

and freight.

To help accident victims,

support investigation and

prepare independent

report.

To enforce traffic

regulation and reduce

road crash trauma;

State Government to

constitute and maintain the

force.

All appointments to be done

by The State Government.

Page 43: Session 5.2 - MV ACT BILL

Highway traffic regulation and protection force

• A Special force to Regulate traffic and ensure safety of the users on Highways.

• State Government to constitute and maintain the force.

• All appointments to be done by The State Government.

Functions of the Force

• To enforce traffic regulation and reduce road crash trauma;

• To ensure safety of transport vehicles and other assets

• To ensure efficient movement of passenger and freight.

• To help accident victims, support investigation and prepare independent report.

Powers of the Force

• To arrest without warrant in certain cases

• To prepare detail accident report in given format.

Restrictions on force

• To form union or association

Page 44: Session 5.2 - MV ACT BILL

Offences and Penalties

Combination of penalty&

fines to enforce traffic

rules

Strict enforcement for

driving under the

influence of drugs &

alcohol

Electronic detection &

centralised offences

information to identify

repeat-offenders

Graded penalty point

system will act as a

deterrent and improve

traffic condition by

reducing road rage

Page 45: Session 5.2 - MV ACT BILL

Offenses and penalties

Punishment to offenses

• Offenses will be punishable with one or more penalties in the form of fines, imprisonment, impounding of vehicle, award of penalty points, cancellation of license, registration or permit, compulsory training as specified by National Authority;.

Penalty points

• For each offence license holder gets penalty points loaded on the License depending on which punishments or Incentives will be decided

Other important fines & penalties

• Holding two licenses not allowed

• Punishment to manufacture faulty vehicle

• Punishment to officers, contractors for non compliance with safety standards while constructing or maintaining the roads.

• Provision to punish Officer or Service provider if service are not provided within defined time frame;

Page 46: Session 5.2 - MV ACT BILL

Miscellaneous

• No retrospective effect

• Use of Technology

• Co-operative citizens enforcement

• Right of way to emergency vehicles.