IMPORTANT POINT
Civic Authorities are directed by the Supreme Court to take necessary steps to remove immediately all encroachments on roads and pavements which affect the smooth flow of traffic or obstruct the way of pedestrians.

Headnote:(i) TRAFFIC CONTROL-Commercial licences-Issuance of-Need to very licences issued during the period 1993-95-All commercial licences issued during this period be re-verified to weed out all licences issued without following Rules. [Para 1(1)]
       (ii) TRAFFIC CONTROL -Licence to drive a heavy vehicle-Renewal of-Transport Department directed to prescribe a suitable refresher training course as a condition for renewal. Para 1(2)]
       (iii) TRAFFIC CONTROL-Motor permits-Transfer of-Any such use of permits which constitutes trading in permits-Patent violation of Motor Vehicles Act and Rules-Legal consequences-Authorities directed not to renew any permit which has been or is being used by any person other than original grantee without his prior permission. [Para 1(3)]
       (iv) TRAFFIC CONTROL-Encroachments on roads and pavements-Civic Authorities directed to take steps to remove immediately all encroachments which affect smooth flow of traffic or obstruct way of pedestrians-Stray cattle and other similar obstructions to be similarly dealt with. [Para 1(4)]
       (v) SCHOOL BUSES-Such buses be fitted with doors that can be shut-Requirement of a presence of a qualified conductor on board every such bus-On or after 30-4-1998, no such bus shall be permitted to operate without a qualified conductor being present at all times-Arrangement to be made to ensure that there is at least one parent to oversee conduct of driver-No school bus shall seat children in excess of 1.5 times its registered seating capacity. [Para 1(5-8)]
       (vi) TRAFFIC CONTROL-TSR (two seater rickshaw using a two stroke engine)-Major pollutants-There should be no grant of fresh permits in respect of TSR, save and except by way of replacement of an existing working TSR with a new one. [Para 1(9)]
       (vii) TRAFFIC CONTROL-Processions-religious or political or otherwise, which tend to obstruct flow of traffic-Police Commissioner directed to frame appropriate guidelines for their regulation-These guidelines should be in conformity with rights of users of roads and fundamental freedom of other citizens indicated in Bharat Kumar s Judgment. [Para 1(10)]
       (viii) TRAFFIC CONTROL -Appointment of private persons to enforce traffic safety laws-Union of India directed to file Action Plan & its response for augmenting uniformed force in the city. [Para 1(11)]
       (ix) TRAFFIC CONTROL-Order of Supreme Court dated 20-11-1997, reported in 1997(9) Supreme 418-Modifications made.
       Held ; There are certain modifications called for in our earlier order dated 20th November, 1997, which we direct as hereunder :
       (i) In para A(a), add the following :
        "Requirement for installation of speed control devices would also not apply to vehicles operating on All India Tourist Permits issued by the Transport Department, NCT of Delhi".
       (ii) In para A(f), the sentence commencing "no bus" and ending with "educational institution" shall stand substituted with the following"
       "No bus belonging to or hired by an educational institution shall be driven by a driver who has-
        (a) less than five years of experience of driving heavy vehicles :
        (b) been challaned more than twice in a year in respect of offences of jumping red lights, improper or obstructive parking, violating the stop line, violating the rule requiring driving within the bus lane, violating restricting the overtaking, allowing unauthorised person to drive;
        (c) been challaned/charged even once for the offence of over speeding, drunken driving and driving dangerously or for the offences under Sections 279, 337, 338 and 304A of the Indian Penal Code.
        All such drivers would be dressed in a distinctive uniform and all such buses shall carry a suitable inscription to indicate that they are in the duty of an educational institution.
       (iii) In para A(c), after the word "buses" add the words "heavy goods vehicles, medium goods vehicles, and 4-wheel light goods vehicles plying during the permitted hours.
       (iv) In para A(h), add the following :
        "Needless to add, this is in addition to the statutory power conferred under Section 115 of the Motor Vehicles Act under which the authorities can prohibit or restrict any class of vehicle(s) from being used, inter alia, on any particular route or during any period of time. [Para 1(12)]
       (x) TRAFFIC CONTROL-Contents of this order to be duly publicised by the Transport as well as Police Departments-Publicity to be given to basic rules relating to safe driving-Union of India directed to make available necessary facilities in this regard, particularly in relation to electronic media. [Para 1(14)]

ORDER

After hearing the learned amicus curiae, the Additional Solicitor General and the counsel representing certain other interests, we issue the following further directions, namely,

(1) The figures in relation to issuance of commercial licences show that there is need to verify commercial licences, which were issued during the period 1993-95. We, therefore, direct that all commercial licences issued during the period 1993-95 be re-verified by the Transport Department to weed out all such licences which have been issued without following the Rules.

(2) We are informed that a test has now been prescribed for issuance of new licences. We direct the Transport Department to prescribe a suitable refresher training course as a condition for the renewal of any licence to drive a heavy vehicle.

(3) The grantee of a permit cannot (without express prior permission), under the provisions of the Motor Vehicles Act, either transfer his permit or to allow some other person to operate a vehicle on this permit. Any such use of permits - which really constitutes a trading in permits - is a patent violation of the Motor Vehicles Act and the Rules and would render the permit liable to cancellation, apart from other legal consequences. We direct the authorities not to renew any permit which has been or is being used by any person other than the original grantee, without the express prior permission of the grantee.

(4) We direct the Civic Authorities to take necessary steps to remove immediately all encroachments - temporary or permanent - on roads and pavements, which affect the smooth flow of traffic or obstruct the way of pedestrians. Stray cattle and other similar obstructions would also have to be similarly dealt with.

(5) The need for safety of school children travelling in buses, requires that such buses be fitted with doors that can be shut. We, therefore, direct that on or after 31st January, 1998, no bus shall be used by an educational institution unless it is fitted with doors which can be closed. No educational institutions shall, after the said date, use a bus if it has an open door.

(6) Similarly, it is essential that, in addition to a driver, there is another qualified person in the bus who can attend to the children travelling in the bus. Rule 17 of the Motor Vehicles Rules, 1983 stipulates qualifications, duties and functions of a Conductor. It would be in the interest of safety to require the presence of a qualified conductor on board every bus that is being used by an educational institution. We are told that at present there is a paucity of trained conductors. We, therefore, direct that on or after 30th April, 1998, no bus used by or in the service of an educational institution shall be permitted to operate without a qualified conductor being present at all times.

(7) We are also informed that some schools have voluntarily requested the parents of their wards to accompany the buses so as to ensure that the drivers drive safely and the lives of the children are not put in leopardy. We commend this action, and direct the Education Department to ask all schools including Government and Municipal schools to evolve a similar arrangement as far as possible, so as to ensure that in each bus there is at least one parent present who would be able to oversee the conduct of the driver. This step would go a long way in ensuring that the directions given as well as other safety measures prescribed are complied with in letter and spirit and that the driver drives carefully.

(8) One of the problems, which has been brought to our notice, is the overcrowding of buses. After hearing the views of the Transport Department as well as the Delhi Police (Traffic Wing), we feel it appropriate to direct that no bus belonging to or in use of any educational institution, shall seat children in excess of 1.5 times its registered seating capacity. Similarly, other modes of public transport, such as TSRs, taxis and other vehicles used for tr

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1997 Supreme(SC) 1680

IMPORTANT POINT Civic Authorities are directed by the Supreme Court to take necessary steps to remove immediately all encroachments on roads and pavements which affect the smooth flow of traffic or obstruct the way of pedestrians.

Cases Referred (1)

Related Judgments

Plastikos Packaging VS Commissioner of Central Excise, Allahabad

SYSTEMS MANUFACTURING LTD VS SYSTEMS EMPLOYEES ASSOCIATION - 2000 Supreme(Kar) 665

JOGENDRA SINGH VS SURESH MANJULAPUR - 2000 Supreme(Kar) 662

MYSORE WINE PRODUCTS AND ALLIED CO. LTD. , BANGALORE VS PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, BANGALORE - 2000 Supreme(Kar) 663

Bose VS State, rep. by Inspector of Police, Salaikiramam P. S. , - 2000 Supreme(Mad) 1273

Jain Construction Company VS State of Rajasthan - 2000 Supreme(Raj) 912

Voltas Limited VS Joint Collector, Medak - 2000 Supreme(AP) 945

STATE OF BIHAR VS SURENDRA SINGH RAUTELA ALIAS BENGALI - 2000 Supreme(Jhk) 45

Krishna Kumar VS Gulab Khan - 2000 Supreme(Raj) 1546

KARSANBHAI DAHYABHAI PARMAR VS DISTRICT SUPERINTENDENT OF POLICE - 2000 Supreme(Guj) 1009

IMPORTANT POINT
Civic Authorities are directed by the Supreme Court to take necessary steps to remove immediately all encroachments on roads and pavements which affect the smooth flow of traffic or obstruct the way of pedestrians.