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Government of Nepal

Ministry of Physical Infrastructure & Transport


Department of Roads
Planning and Design Branch
Road Safety and Traffic Unit

Inception Report

Formulation of Road Safety Act-2016

Submitted by:
Dr. Padma Bahadur Shahi, Team Leader
Dr. Suresh Banstola, Medical Doctor
Dr. Bhanu Timilsina, Sociologist
Mr. Madhab Raj Ghimire, Legal Expert

June, 2016
Table of Content

CHAPTER 1. Introduction .................................................................................................................................................4


1.1 Background ................................................................................................................................................................ 4
1.2 Rationale...................................................................................................................................................................... 4
1.3 Objectives .................................................................................................................................................................... 5
1.4 Scope of works .......................................................................................................................................................... 5
1.5 Tasks for the Team Leader/ Road Safety Engineer ................................................................................... 6
2. Comments on ToR ...........................................................................................................................................................6
CHAPTER 2. Methodology.................................................................................................................................................7
2.1 General ......................................................................................................................................................................... 7
2.2 Phase I: Desk study ................................................................................................................................................. 7
2.3 Phase II: preparation of RSA ............................................................................................................................... 7
2.4 Phase III: Stakeholder workshop and Concluding ..................................................................................... 9
2.5 Team Compositions ................................................................................................................................................ 9
2.5.1 Team Leader ................................................................................................................................ 9

2.5.2 Legal Specialist ........................................................................................................................... 9

2.5.3 Medical Doctor ............................................................................................................................ 9

2.5.4 Sociologist ................................................................................................................................. 10

2.5.5 International Expert ................................................................................................................... 10

2.5.6 Timing ....................................................................................................................................... 10

2.6 Deliverables ............................................................................................................................................................. 10


2.7 Reporting................................................................................................................................................................... 10
2.8 Consultants Obligation ........................................................................................................................................ 10
CHAPTER 3. Legal Framework for SAfety Regulations ....................................................................................... 11
3.1 Road Safety provision .......................................................................................................................................... 11
3.2 Proposed framework for Road Safety Act ................................................................................................... 11
3.3 International practices ........................................................................................................................................ 11
CHAPTER 4. Template for Road Safety AcT ............................................................................................................ 14

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Abbreviations

DoR Department of Roads


DoTM Department of Transport Management
GoN Government of Nepal
MoPIT Ministry of Physical Infrastructure and Transport
MVTMA Motor Vehicle and Transport Management Act, 1993
MVTMR Motor Vehicle and Transport Management Regulations, 1997
NRSC National Road Safety Council
RSA Road Safety Act
RSR Road Safety Regulations
RTA Road Traffic Accident
SAARC South Asian Association for Regional Cooperation
ToR Terms of Reference
UN-WHO United Nations-World Health Organization

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CHAPTER 1. INTRODUCTION
1.1 Background

Road Transport Accident (RTA) is related to the tremendous loss in economy due to loss of life,
property damage and social impact after road incident. In general, road transport safety is
associated to the huge loss of human life and assets in the modern society. In the world, 1.24 million
people are reported to be dead annually due to road accidents and more than fifty millions injured 1.
Poorly maintained road-network and vehicle fleets, weak regulatory environment, and undefined
roles and responsibilities of various stakeholders towards road transport safety are fertile ground
for increasing road accidents and fatalities in the developing countries. In case of Nepal, the
statistics shows fatality rate of about 17 per 10000 registered vehicles (in 2010). It has been
steadily increasing over the past few years and is in higher side if compared to other countries.

Motor Vehicle and Transport Management Act-1993 (MVTMA) states that the road transport safety
is prime concern of Department of Transport Management (DOTM). DOTM has to play key role of
regulator and responsible for overall management of the road transport service sector. The
Department needs to manage and facilitate safe, effective and reliable road transport services by
managing and controlling the vehicle fleet, driver’s licensing, route permit, fare fixation, axle load
control and minimize the road traffic accidents and making adequate provision of compensation of
road accident including regulating the insurance for road traffic accidents.

Considering the road safety to be multi sectorial issue and to be addressed by different
stakeholders a road safety action plan has been prepared and approved by the Government,
recently. It has been formulated on the basis of UN Decade of Actions for Road Safety (2011-2020)
and five main pillars are highlighted as follows:

 Pillar 1: Road safety management


 Pillar 2: Safer roads and mobility
 Pillar 3: Safer vehicles
 Pillar 4: Safer road users and
 Pillar 5: Post-crash response
The agreed actions have been assigned to various stakeholders like Department of Roads,
Education, Health, Police, and DOTM depending upon specific roles and responsibility of each
stakeholder. DOTM is mainly responsible for the Road transport safety management, safer vehicle
and safe road users.

1.2 Rationale

Road safety is concerned by the many stakeholders. The infrastructure development, transport
service provider, road users and other governmental and non-governmental organizations are

1 Global Status on Road Safety 2013

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responsible for the improvement of road safety situation in Nepal. In line with the global initiation
"Decade of Actions in Road Safety 2011-2020", Government of Nepal has formulated Road safety
Action Plan. This plan has proposed the actions with the time line and estimated cost of its
implementation. The major part of the document is that stakeholders' responsibility has been
identified. The leading roles and responsibilities for various safety pillars have been determined.

The UN-WHO has recommended establishing the national level agency to address the road safety in
the global actions for road safety. Many countries have established National Road Safety Council as
the central agency to coordinate other stakeholders and formulate policy, programs and budget
allocation.

In this context, a leading organization (National Road Safety Council-NRSC) for looking after the
overall road safety issues has been proposed in the action plan. However, the legislative status has
not been defined yet. The proposed RSA has to be focused on the legal provision of NRSC.
Therefore, Nepal has to make its own Road Safety Act for the overall framing the road safety issues
in the legislative aspect.

The proposed consulting service to formulate Road Safety Act-2015 is aimed at the preparation of
draft RSA with the consideration of national context in road transport sector including its vehicle
fleet and its prevailing legal framework.

1.3 Objectives

The objective of the assignment is to draft Road Safety Act (RSA) and Road Safety Regulations (RSR)
based on the Nepalese context.

1.4 Scope of works

The assignment to draft RSA and RSR includes the following tasks:

 Identification of road safety elements in road management, road infrastructure, vehicles, road users
and post-crash facilities.
 Review international experience and best practices on road safety.
 Conducting field visits to three samples each of urban, intercity and rural roads located in different
agro-ecological regions.
 Review all relevant Acts, Rules and Regulations such as MWMA and MTVMR, Public Road Act and
other relevant Documents. Avoid all form of duplication between the proposed RSA and other acts,
rules and regulations.
 Preparation of draft RSA and RSR incorporating road safety management, safer roads and mobility,
safer vehicles, safer road users and post-crash response. Ambulance system, equipment for rescuing
vehicle and People.
 The proposed draft RSA shall incorporate the provision of the following actions but not limited to:
o reward for rescuer of the road accidents,
o guaranteeing for admitting injured person from an accident in any hospital of the country,
o scientific investigation of accidents,
o ensure accountability of state's machinery,
o information system through toll free call,

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o development of built in mechanism for internalizing modern technology in the field of road
safety,
o consideration of local behavioural and socio economic factors in road safety,
o provision of efficient institutional arrangement for handling road safety,
o Articulate various Stakeholders in the road safety and make arrangement attracting them for
their contribution,
 Assist to the Department of Roads (DOR) to conduct workshops in co-ordination with national road
safety stakeholders.

1.5 Tasks for the Team Leader/ Road Safety Engineer

The Road Safety Engineer and Team Leader will have the following responsibilities:
 Leading the team and coordinate among all team members.
 Review road safety features in road and mechanism to ensure minimum safety standards in each
road.
 Review the current Motor Vehicle Transport Management Act (MVTMA) and Motor Vehicle
Transport Management Regulation (MVTMR) and also liaise with the consultant and officers
responsible for amending MVTMA and MVTMR.
 Propose scientific approach for crash investigation.
 Establish accountability for faulty road design.
 Review road geometric standards and make provision for mandatory requirement.
 Draft an act incorporating provisions concerning breaches of dimension, load restraint limit and
requirement, fatigue management of Buses and other vehicles, provision for cyclists and pedestrians
on the road, provision for disabled people, speed management, rules on helmet and seat belt and
provision of traffic law enforcement.

2. COMMENTS ON TOR
The ToR for the preparation of RSA and RSR has been prepared with the due consideration of best
international practices as well as prevailing local conditions on the road transport sector. However,
consultant would like to make some comments for the better understandings between client and
the consultants' team. These comments can be made clear during the workshops and discussion at
client's Office.

 The ToR has not elaborates the preparation of Road Safety Regulation,
 The cost of the workshop is born by the client,
 The assignment given to each individual expert, there shall be proper coordination among the
experts. However, the coordination mechanism shall be cleared in the agreement for each expert.

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CHAPTER 2. METHODOLOGY
2.1 General

The consultant after the study of ToR, has understood the methodology for the implementation of
the study. The methodology as perceived by the consultant is shown in the figure below. The overall
methodology for the project is devised into three phases.

2.2 Phase I: Desk study

Desk study of the assignment consists planning of the tasks and team formulation and refining the
methodology. The assignment details and provided tasks have been properly studied. Some case of
confusion on the tasks and related assignment has been clarified in consultation with the client
during the contract signing. The field schedule, meetings with the stakeholders and submission
deadlines have been worked out during the desk study of the project. The team coordination
mechanism and regular interaction has been planned during the desk study of the project.

As the result of the desk safety study, team has prepared the Inception report to submit to the
client. The inception report contains fundamental concepts for the preparation of Road Safety Act.
Fundamental contents of the proposed RSA will be discussed during the Inception Workshop.

2.3 Phase II: preparation of RSA

The stage is taken as the principal working period for the assignment. During this phase, the team
for the formulation of Road safety Act will be involved in the following tasks:

 Literature review: the team will review the existing legal provisions and relevant documents in road
safety. Motor Vehicle and Transport Management Act-1993, Motor Vehicle and Transport
Regulations -1997 and other directives will be review. Road Safety Action Plan (2013-2020) will be
studied for the setting up the fundamentals of the proposed RSA.

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Desk study

Presentation at Road Safety


Inception Report
Council meeting

Comments

Literature review

Field observations

Preparation of draft Report Presentation at Road Safety


and RSA Council meeting

Comments
Presentation at
Incorporating comments
stakeholders’ Workshop

Comments
Submission of Final Report and
draft RSA

Figure 1Methodology of the Study

 Review of best practices: in this step the team will be engaged in the study of the exiting Road Safety
Acts and their implementation mechanism in the foreign countries including SAARC countries. This
step of the formulation of the RSA will be helpful for the formulating the scope of the proposed RSA
and its institutional arrangement for its implementation.
 Field observations: the team will arrange filed observations for acquiring the knowledge on the
existing road conditions, vehicular characteristics and road user behaviors related to the road safety.
This action will be helpful for the defining safety features of the road geometry and its pavement
conditions which are responsible for the road crash. Similarly, the team will obtain the relevant
knowledge on the operating condition (including loading and physical) of passenger and freight
vehicles along the selected road corridors. The team will plan to visit both urban, non-urban roads in
different geographical locations in Nepal.
 Preparation of RSA: based on the existing practices and Nepalese condition of the road transport
sector the team will formulate the RSA. Various aspects of the safety provision such as transport
management, road design, road user perspective, vehicular characteristics and post-crash aspects
will be considered in the proposed RSA.

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 Preparation of draft Report and RSA: The compilation of the report and the RSA will be completed in
this step of the project. The report will consist of the rationale of the formulation of RSA, the aspects
to be included in the RSA and its implementation mechanism. Similarly, the proposed RSA will
include the all road safety aspects as the regulating document to enhance road safety in the country
without conflicting with other existing legal provisions.
 Submission of the Draft and presentation to the National Road Safety Council (NRSC) Meeting: The
prepared Draft report and RSA will be presented in the RSC. The comments from the RSC will be
incorporated and finalized the report and draft RSA.

2.4 Phase III: Stakeholder workshop and Concluding

The final stage of the assignment consists of dissemination of provisions made in draft RSA and
collecting stakeholders' opinions. The concerns of the stakeholders will be clarified in the
workshop. The draft RSA will be modified and submitted to the client.

2.5 Team Compositions

The team as mentioned in the provided ToR assignment is formed of Team Leader, Legal expert,
Medical Doctor and Sociologist. Team leader/Road Safety Expert will coordinate with the team of
the project the detail tasks are mentioned in above section of the REOI. The brief tasks of other
team members are as follows:

2.5.1 Team Leader


Team leader is over all responsible for the execution of the assignment.

2.5.2 Legal Specialist


Legal Specialist will be assigned to handle the legal aspects of the issue. Major tasks are as follows:

 Review of the existing provisions for offences and legal proceedings related to the Motor Vehicle and
Transport Management.
 Provision of inspection, inspection and searches concerning heavy vehicles.
 Provision of protection of road users.
 The Legal Specialist has to draft legal component of the Act, post-crash response and other
components if any.
 Develop the whole road safety act and regulations in the format of GON's standard
act in consultation with the team leader.

2.5.3 Medical Doctor


Medical Doctor will be responsible for the post-crash provision on the RSA. Major task are as:

 Coordinate with the team leader and other team members regarding the Medical treatment aspects
for post-crash conditions.
 Provision of emergency health facilities in each road. Health facilities are needed to be considered as
road component. Assess deficiency of such facilities in each road based on primary and secondary
sources of information.
 Provision of minimum life-saving facilities in each road side hospital, or health post or health center.
 Draft post-crash component of act and regulations and submit to the Team Leader.

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2.5.4 Sociologist
Sociologist in the team will handle with the various aspects of socio-economic characteristics to be
incorporated in the proposed RSA.

 Coordinate with the team leader and other team members.


 Address socio-economic causes of road accidents such as drunken driving, road safety awareness
among general people.
 Draft socio-economic provisions in the act and regulations.

2.5.5 International Expert


International expert has been assigned for the assistance in the service. He will mainly incorporate
the task performed by the national team with the international practice in the related field. His
input has been envisaged for imparting the specific matters regarding road safety works.

2.5.6 Timing
The total duration of the project is estimated as 30 weeks after the commencement of the
assignment. Inception or desk study will take about two weeks. Proposed Schedule of activities is
shown in Figure 2.
Weeks
S/N Particulars
2 4 6 8 10 12 14 16 18 20 22 24 26 28 30
1 Desk Study/Inception

2 Field observation/desk
study
3 Preparation of Draft RSA
complete all Office work
4 Draft Report Submission

4 Stakeholders' Workshop
and Final Report
submission

Figure 2 Proposed Schedule for the formulation of RSA

2.6 Deliverables

The consultants' team prepare following reports during the assignment execution within the
stipulated time period.
 Two copies of inception report by the end of 2nd week.
 Three copies of Draft Report.
 Five copies of draft Act and background document and drawings in both Nepali and English
languages incorporating all comments received from the client and stakeholders.
 The soft copy of report and draft RSA will also be submitted.

2.7 Reporting

The consultants' team will report to the DDG, Planning and Design Branch, DOR and Chief of the
Road Safety Unit of the Department of Roads.
2.8 Consultants Obligation

The Consultants' team will be responsible to bear all provisions made in the contract agreement
and ToR. However, consultant will always take due consideration on the quality of work and follow
the professional ethics.

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CHAPTER 3. LEGAL FRAMEWORK FOR SAFETY REGULATIONS
3.1 Road Safety provision

Existing provisions of Motor Vehicle and Transport Management Act, 1993 (MVTMA, 1993) and its
Rules, 1997 has main legal framework for road safety in Nepal. This Act related Rules indicate that
DoTM is the responsible agency for road safety. Basic provisions mentioned in MVTMA, 1993 are
as follow:

1. An Act Made To Provide for Motor Vehicle and Transport Management Preamble: Whereas, it is
expedient to make transportation services consolidated, efficient and effective with a view to
preventing motor vehicle accidents, enabling the victims of accidents to have compensation,
providing for insurance and making transportation facilities available to the public generally in a
simple and easily accessible manner;
2. Vehicle aspect for Road safety:
a. Classification of motor vehicles
b. Motor vehicle registration
c. Provision for Driving License
d. Provision for conductor License
e. Transport Management: Route designation, route permits, Road test,
f. Listing the mane of transport service
g. Fare determination for public transport by DoTM,
3. Traffic control: setting speed limits, setting weight limits, provisions for traffic signs, parking motor
vehicles, compliances for seat belt, left hand driving, mobile inspector, and etc.
4. Provisions for insurance: vehicle, third party vehicle insurance, passenger insurance, transport
workers insurance, luggage insurance etc.
5. Functions, duties and powers: Department of Transport Management, Transport Management
Committee, Examination Committee, Transport mobile Inspector, driving training center, workshop,
6. Provisions for Punishment.

3.2 Proposed framework for Road Safety Act

According to the existing MVTMA, 1993 has major role for the road safety. However, dedicated
organizational structures do not exist for this purpose. Furthermore, broad road safety aspects
have not been included into it. Therefore, a national level agency is essential to coordinate various
aspects of rod safety. In this regard, proposed Road Safety Act intends to incorporate following
matters:

 Establishment of National Road Safety Council


 Provisions for: Road transport management, safer roads, safer road users, safer vehicles, road safety
awareness or education, post-crash rescue and compensation of victim in Road Safety. safety

3.3 International practices

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SN. Country Relevant Act (S) Main Feature(s ) Comment
1. Bangladesh The Motor Vehicles
Ordinance, 1993 1) Preliminary
2) Bangladesh Road Transport Authority Based on
MVO, 1993
3) Licensing of Drivers of Motor Vehicles
4) Licensing of Conductors of Stage Carriage or Contract Carriage
5) Registration of Motor Vehicles
6) Control of Transport Vehicles
7) Construction, Equipment and Maintenance of Motor Vehicles
8) Control of Traffic
9) Motor Vehicles temporarily Leaving or Visiting Bangladesh
10) Insurance Motor Vehicles against Third party Risk
11) Offences, Penalties and Procedure
12) Miscellaneous

2. Bhutan Road Safety and


Transport Act, 1999 1) Administration Based on
i. Road Safety and Transport Authority RSTA, 1999
ii. Objects and Functions of the Road safety and Transport Authority
iii. Accountability
iv. Budget and Authority
v. Banking
vi. Delegation of Authority

2) Road Safety
i. Purpose
ii. General duty of drivers
3) Commercial Vehicles
4) Offences and Legal Proceedings

3. India The Motor Vehicle Act, Draft Road


1988 Transport
and Safety
Bill 2014 is
under
discussion.
5) Short Title, extent and commencement
6) Licensing of Drivers of Motor Vehicles
7) Licensing of conductors of stages carriages
8) Registration of Motor Vehicles
9) Control of transport vehicles
10) Special provision relating to state transport undertaking
11) Construction Equipment and Maintenance of motor vehicles
12) Control of traffic

13) Motor vehicle temporary leaving or visiting India


14) Liability without fault in certain cases
15) Insurance of Motor vehicle against third party risk
16) Claims Tribunals
17) Offences, Penalties and Procedure
18) Miscellaneous

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4. Pakistan National Highways
Safety Ordinance, 2000 1) Preliminary
2) Licensing
3) Registration of Motor Vehicles
4) Construction, Equipment and maintenance of Road Vehicles
5) Control of Traffic
6) Offences, Penalties and Procedure
7) Establishment of a Police for Motorways and National Highways
8) Miscellaneous

5. Sri Lanka Motor Traffic National


(Amendment) Act, No. Council for
8 of 2009 Road safety
is established
under the
Motor
Traffic
(amendment)
Act no 05 of
1998
and Road
Safety Fund
Regulations
2004
1) Preliminary
2) Registration, Possession and Use of Motor Vehicles
3) Licensing of Driving Schools and Instructors
4) Section 5. 2A. (1) No person shall knowingly use a motor vehicle –
(d) that fails to comply with prescribed standards of safety ;
Section 15. (h) to prescribe the safety equipment to be installed in vehicles ;

Section 72 (6) The Commissioner - General shall, where he is satisfied that the
applicant has carried on the business of manufacturing, assembling, fabricating,
innovating, adapting, modifying or changing the construction of a motor vehicle—

(b) in such manner as in not in conformity with the provisions of this Act or any
regulations made thereunder, or in regard to the standard of safet y, design,
construction, or an yconditions or equipment thereof; or
Section 241 (b) in such manner as in not in conformity with the provisions of this
Act or any regulations made thereunder, or in regard to the standard of safety,
design, constructi on, or an yconditions or equipment thereof; or

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CHAPTER 4. TEMPLATE FOR ROAD SAFETY ACT
An Act Made To Promote Road Safety in Nepal

Preamble:

Whereas it is expedient to enhance safety in road transportation service, by the provision of


appropriate institutional arrangement, safer road transport facility, vehicular fleet, educating
road users and by ensuring the post-crash rescue mechanism as well as adequate compensation
to the victims.

1. Chapter 1: Preliminary

Short title and commencement:

This Act may be called the 'Road Safety Act -2016'. It shall come into force immediately.
Definitions: In this Act, unless the subject or the context otherwise requires

a) “motor vehicle” means any mechanically propelled vehicle plying on the road;
b) “motor vehicle weight” means the total weight of a motor vehicle; Explanation:
“total weight” means such gross laden weight of a motor vehicle as mentioned in the
motor vehicle registration certificate including the engine, chassis, other parts and
equipment of such a motor vehicle.
c) …………………………………
2. Institutional Arrangement
 Nepal Road Safety Council
 Provincial Road Safety Board
 Accident Investigation Committee
3. National Road Safety Council

Functions of NRSC

 Maintain a data base on


 Vehicle population, its features and composition.
 Traffic accidents.
 Local and international statistic on Road Safety.

 Maintain a library on the subject of road safety.


 Collect information and conduct research and surveys on related subjects.
 Assist research on related subjects.
 Liaise with similar international institutions and shared experience.
 Disperse knowledge and information to relevant government and non-government
agencies responsible for road safety and related projects.

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 Formulate and implement projects on road safety.
 Coordinate road safety related activities in government and non-government agencies.
 Compensate hit and run accident victims.
 Solicit financial and other support for road safety functions.
 Advise the government on road safety related policies and programs

4. Chapter -3: Road Transport Facility

 Provision of Road Safety Audit


 Road Safety Inspection
 Black Spot Investigation

5. Chapter -4: Safer vehicle provision

Vehicle Operation

 In Vehicle Safety Equipped with…..


 Such as Fire Extinguisher,
 Safety of public Vehicle fleets especially the case of Fabrication in Nepal
 Black Spot Investigation
 Loading Restraint
 Vehicle Safety Certificate ; body fabrication
 Color Code
 Vehicle Purpose/Specific
6. Chapter -5: Road Safety Education
 Educational Institution School Curricula/Syllabus
 Conducting Road Safety Awareness Campaign
 Driver Education
 Informed Education/ Improved Education
 Research / Investigation
7. Chapter -6: Post-Crash Response Along with Highways and Others
 Trauma Centers
 Hospitals
 Health Posts and health Centers
8. Chapter -7: Insurances and Compensation
9. Chapter -Punishments and others

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