Motor Vehicles Act Section 198A — Failure to comply with standards for road design, construction and maintenance

CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE

Civil

Summary

Sub-section (1) requires the authority, contractor, consultant, or concessionaire in charge of designing, building, or maintaining a road to follow the design, construction, and maintenance standards that the Central Government prescribes from time to time.

Sub-section (2) states that if these responsible persons fail to comply with the road design, construction, and maintenance standards, and that failure results in death or disability, they can be punished with a fine of up to one lakh rupees. This fine must be paid into the Fund created under section 164B of the Act.

Sub-section (3) lists the matters a court must consider when deciding a case under sub-section (2). Under clause (a), the court will look at the road's characteristics and the type and amount of traffic that was reasonably expected to use it based on the road's design. Under clause (b), it will consider the maintenance standards that apply to a road of that character and use. Under clause (c), it will consider the state of repair that road users would reasonably have expected to find the road in. Under clause (d), it will consider whether the authority responsible for maintenance knew, or should reasonably have known, that the road's condition was likely to cause danger to users. Under clause (e), it will consider whether that authority could not reasonably have been expected to repair the road before the cause of action arose. Under clause (f), it will consider whether adequate warning notices, through road signs, were displayed about the road's condition. Under clause (g), it will consider any other matters that the Central Government prescribes.

The Explanation clarifies that the term contractor includes sub-contractors and all persons responsible for any stage of designing, constructing, or maintaining a stretch of road.

Official Text

(1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.

(2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B.

(3) For the purposes of sub-section (2), the court shall in particular have regard to the following matters, namely:—

(a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road;

(b) the standard of maintenance norms applicable for a road of that character and use by such traffic;

(c) the state of repair in which road users would have expected to find the road;

(d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users;

(e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose;

(f) whether adequate warning notices through road signs, of its condition had been displayed; and

(g) such other matters as may be prescribed by the Central Government.

Explanation.—For the purposes of this section, the term “contractor” shall include sub-contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road.]