ROAD TRANSPORT: PROBLEMS AND SOLUTIONS

THE MOTOR VEHICLES ACT & RULES: In our country we have effective laws for the transportation of goods and transportation of people. Licensing requirements and safety regulations ensure a separation of the two industries. The nature of road transportation of goods depends, apart from the degree of development of the local infrastructure, on the distance the goods are transported by road, the weight and volume of the individual shipment, and the type of goods transported. People are transported on roads either in individual cars or in mass transport by bus or other luxury coaches. Special modes of individual transport by road such as by-cycles, scooters, motor-bikes and auto-rickshaws may also be locally available. There are also specialist modes of road transport for particular situations, such as ambulances.

TRAFFIC RULES: we often notice violation of Traffic Rules with impunity. We often see the two or three wheelers travelling on the fast tracks on the National Highways in Kerala; they even overtake rashly and negligently from left or right suddenly and without any signals or notice. The buses wait at stops till their rival arrived and then sped up their vehicle at a rash and negligent speed to keep up their time schedule at the detriment of smaller vehicles and pedestrians. They often hit and run unless somebody blocks their forward movement; they dare it because some of them have godfathers in the police department. Even drunkards drive their vehicles zigzag on the roads. To avoid accidents caused by fatigue due to sleeplessness, truckers have to keep to strict rules for drive time and required rest periods. Another way to avoid accidents is to engage two drivers per truck to ensure uninterrupted transportation; with one driver resting or sleeping in a bunk in the back of the cab while the other is driving. Driving licences shall be issued strictly in accordance with law. Imposition of heavy penalties is the only solution to check rash and negligent driving on roads and other traffic rule violations. We lack sufficient police forces, and those with character and integrity, to implement and enforce the laws. Governments shall look into the matter and do the needful.

REPAIR AND MAINTENANCE OF ROADS: It is significant to maintain roads properly and in good condition. It not only averts traffic congestion and accidents but also saves fuel and wear and tear of vehicles. We experience six months long monsoon rains and therefore the tarring or concreting shall be done nicely to withstand it and side canals shall be provided on sides to drain rain-water.

TRAFFIC CONTROL: It is significant to number the main avenues and streets in cities municipalities and Grama Panchayats. There should be signboards with directions and distances, written both in English and the local language, at all junctions on the national highways, state highways and other roads. The State PWD and National Highway departments should take necessary steps to execute this to help the travelers, especially those who drive at night. Traffic control lights, signs, signals or pavement markings too are important. They help the driver navigate; they assign the right-of-way at intersections; they indicate laws such as speed limits and parking regulations; they advise of potential hazards; they indicate passing and no passing zones; and otherwise deliver information and to assure traffic is orderly and safe. The traffic control devices employed in developed countries shall be adopted for smooth traffic.

GPS SYSTEM: The Motor Vehicles department should make travelers especially the drivers aware about the availability and use of the satellite-based navigation system namely Global Positioning System (GPS) in the inter-net. The GPS renders adequate help in navigation. It gives the map of roads or paths available; traffic congestion and alternative routes; roads or paths that might be taken to get to the destination; if some roads are busy the best route to take; the location of food, banks, hotels, fuel, airports or other places of interests; the shortest route between the two locations and the different options to drive on highway or back roads. The GPS would also help 24x7 live location tracking of your vehicles/assets and people. 

LACK OF WIDE BELL-MOUTHS: All the junctions on the National Highways and State Highways shall have wide bell-mouths to provide a free left turn to avert traffic congestion on those main roads. Probably political and parochial considerations create hurdles for developments. The south-west and north-west corners in NH-66/544 (old NH-47) at Palarivattom; north-east corner of Hotel Bimbi’s and north-west corner of Paramara Temple; either side of the entrance to M.G. Road from Banerji Road, Junctions on MG. Road at Ernakulam, and NH-47 Kumbalam Junction area are glaring examples. Lack of wider bell-mouths and lack of bus-bays always create congestion in such areas. The District Collector, and the Secretary, Corporation of Kochi, as advised by the NH and P.W.D. authorities, shall take advance possession of such areas and other ear-marked areas required for bell-mouths and develop it to avoid congestion on such areas.  

ERECTION OF NOISE/SOUND BARRIERS ON NATIONAL HIGHWAYS AND RESTRICTION ON HOARDINGS BY THE SIDE OF NATIONAL OR EXPRESS HIGHWAYS: Bruce Donohue, a landscape architect in Westport, Connecticut, was aware of the effects that prolonged exposure to highway noise can bring problems. One summer when he was a student, he recalls, “He was painting a house along Interstate 95 in Stamford, and he noticed that he was tense. He noticed that the women in the neighborhood were irritated. They were screeching at the kids, and the kids were raucous. The whole neighborhood was irritable and irritated.” Road noise does not damage the hearing of people who live close by, but it seems to cause physiological and psychological stress, with results that include nervousness, difficulty in sleeping, and elevated heart rates. When National Highway-47 was opened for traffic the Islanders of Kumbalam Village who live by the side of National Highway too rakes such complaints of irritation to them and their household. 

It is significant to develop National Highways and State highways with gradual, easy curves, generous separation of opposing lanes, and much-needed restrictions on billboards or hoardings.

I have noticed noise barriers along modern highways in the developed countries like U.S.A., while travelling by car from New York to Washington in 1997. Walls at a height of three meters with a myriad of designs were erected on Express-Highways to shield abutting residential neighborhoods from the sound of heavy traffic, said Mr. Jerry George Chirayil, Hicks Villae, 63, Nevada Street, Long Island, New York, (nephew of my eldest brother-in-law, Alexander Vachaparampil at Edappally,) who took us from New York to Washington. Mrs. Ann Zachariah, one of our favourite aunts and a former teacher of UN International School at New York with whom we were staying in Water-side Plaza at Manhattan, told us that  California state started the erection of noise barriers and most of the Federal States too adopted regulations requiring that whenever a state builds, expands, or realigns a federally funded highway, an attempt be made to curtail excessive noise that would otherwise be inflicted on sensitive neighbours, such as schools, hospitals, and residential areas. Some of the European countries like                           Denmark and Netherlands have adopted it. It is advisable to adopt reflection of such noise barriers.

TOLL PLAZA IN NH66/544 (Old NH-47) AT KUMBALAM is another area we experience traffic-jam. The NH authorities shall take the advanced technology and employ electronic equipments to avoid the delay in check and collection at the toll plaza to avoid the delay. The NH at Toll Plaza Region has also to be widened to provide additional passages to avoid long queues.

ILLEGAL ERECTION OF BUNK SHOPS BY CIVIC ADMINISTRATIONS ON PAVEMENTS AND ROAD MARGINS: Isn’t the government and civic administration competent to put up or allot bunk shops on the pavements and public road margins? The Supreme Court of India by its various judgments reported in Bombay Hawker’s Union Vs Bombay Municipal Corporation AIR 1982/5 SC 1206; Sodan Singh Vs New Delhi Municipal Committee AIR 1988 SC 1988 and Soudan Singh Vs N.D.M.C. AIR 1992 SC 1153, held, “Footpaths or pavements are public places, which are intended to serve the convenience of the general public. They are not laid for private use and indeed, their use for private purpose frustrates the very object for which they are carved out from portions of public streets. The main reason for laying out pavements is to ensure that the pedestrians are able to go about their daily affairs with reasonable measure of safety and security. That facility, which has matured into a right of the pedestrians, cannot be set at naught by allowing encroachments to be made on the pavements.” The Supreme Court unambiguously held that erection of bunk shops on pavements infringe the right of passage of pedestrians.  Due to such obstructions and hindrances, pedestrians are compelled to walk on the road thereby causing accidents and traffic blocks. Despite the judgments the malpractice is still going on unabated; and civic administrations violate the law with impunity. We still find a lot of bunk shops in Kochi city especially in important junctions causing traffic blocks and infringement of the right of passage of pedestrians. Recently the Kumbalam Grama Panchayath has allotted a number of such bunk shops on political and parochial considerations flouting the judgments of the Supreme Court. All such bunk shops are to be removed realizing that they are against the interest of common man. I have noticed some of these bunk shops on waysides selling opium locally called Ganja, toffees mixed with Ganja and other intoxicating drinks including chemical drugs and spoil especially life of youth and minor children. The Municipal corporations/Municipalities/Panchayath, P.W.D and National Highway authorities shall remove such bunk shops and other obstructions on the roads, pavements and road margins forthwith.

                         

At this juncture, it is significant to note that it is not possible for any government to provide jobs to every citizen of this country. But it is the bounden duty of the government to ensure everyone has a reasonable income for a decent living. The poor hawkers of this country too have a fundamental right under Article 19 (1) (g) of the Constitution of India to carry on any profession, trade or business to eke out a living, subject to restrictions made under 19 (6) of the Constitution. The poor hawkers cannot afford to take any building or premises on rent for their business. When the government takes away or restricts their fundamental right, it is the duty of the civic administration and government to provide infrastructural facilities near bus-stands and railway stations or other important areas to such persons free of costs. While allotting such areas the civic administration shall ensure that such allotted areas shall not obstruct the traffic and also shall not affect the beauty of the landscape. The fund for the development of such areas shall be raised by progressive taxation.                    

PROHIBITION OF POLITICAL MEETINGS ON PUBLIC ROADS, AND ROAD MARGINS; AND POLITICAL OR RELIGIOUS FESTIVAL PROCESSIONS BLOCKING TRAFFIC:   While holding public meetings on the roads and road margins, the political parties do not realize that they are inconveniencing the common man. Religious festivals like Pooram of Mahadevan Temple at Thrissur and Attukal Pongala in Devi Temple at Thiruvananthapuram and other religious processions in connection with Church or Mosque festivals were widespread blocking the way. The police and other authorities even failed to take lessons from the terrible tragedy that happened in Bharananganam, killing three persons and injuring fifty others when a vehicle ran into a religious procession. Public meetings were held frequently by erecting ‘panthal’ and by spreading chairs on tarred road in the busy junction at Aluva Railway Station, which is opposite to the State Road Transport Bus Stand. This has caused road block for a long time and prevented public access to the Railway Station. This episode at Aluva was challenged by a local resident before the High Court of Kerala as illegal and in flagrant violation of fundamental rights of the citizens under Articles 19 (1)(d) and 21 of the Constitution of India. Justice Mr. C.N. Ramachandran Nair and Mr. P.S. Gopinathan, former judges of the High Court of Kerala, while disposing WP(C) No. 32429 /2011 (S), struck down 5(1)(c) of the Kerala Public Ways (Restriction of Assemblies and Processions) Act, (which was introduced to neutralize the earlier judgments of the High Court of Kerala and the Supreme Court reported in 2010 (3) KLT 757 and the order of dismissal dated 6-1-2011 passed in S.L.P. (C) No. 35169 / 2010 of the Supreme Court of India,) as violative of fundamental rights under Article 19(1)(d) and Article 21 of the Constitution of India. The High Court of Kerala also prohibited the granting of any permission for holding any public meeting on public roads or road margins by the police or other authorities. By virtue of the Full Bench judgment of the High Court of Kerala, which was confirmed by the Supreme Court of India referred to above, the Police should ensure that religious processions occupy only one side of the road without affecting vehicular traffic.                             

NECESSITY TO BUILD A PARALLEL NATIONAL HIGHWAY IN GREATER COCHIN AREA: In the Greater Cochin Area, the commercial capital of Kerala, traffic has increased rapidly causing traffic jams often during peak hours, 8 A.M to 8 P.M. It is time to build eight line traffic on the NH-66/544 (old NH-47.) But it is not advisable to acquire land paying heavy compensation to adjacent land owners. In order to avoid undue delay in acquisition and payment of heavy compensation, and also to help the development of satellite townships; I would suggest a parallel Express-Highway with international standards (with four line traffic immediately and provision for development of another four line traffic in future and wide service roads, bus-bays, flyovers on either side) a little away on the eastern part of the present NH-47 from Chalakudy (Trichur) to Thuravoor (Alleppy) passing through Nedumbassey, H.M.T. area, Kakkanad, Irimpanam, Udayamperoor, Perumbalam, Poochakkal and Thuravoor.)

BUILDING  RULES: There are already provisions in the Building Rules to leave 7 meters open space from roads and 45 meters from a railway line. The intention of the legislature “to leave open spaces on either side of roads and railways” is future expansion of these infrastructural facilities. In developed countries they do not encourage the culture and civilization of building educational institutions, hospitals, government offices and other commercial establishments to come up alongside an express-highway or railway line. Even the existing institutions won’t be given any direct entry into the highway and there will be noise/sound barrier on the waysides of such existing institutions. You find only petrol pumps with amenities like large parking area, clean and tidy comfort stations and a cafeteria to cater the passengers on their highways. The towns/cities would always be little inside from such highways. There are hardly any junctions; a flyover takes your vehicle to the other side of the road. There will be arches on the express-highways depicting proper directions and/or advance information like approaching petrol pumps, towns/cities, flyovers, and traffic lights. Here, in India, the situation is quite different. The political bosses and the civic administrations permitted people to build multi-storied apartments, huge shopping-malls and other commercial buildings by the side of national highways in flagrant violation of the Building Rules, if their palms are nicely greased. Many of them do not leave necessary open spaces for even car-parking. The customers park their vehicles on the highways and queue up on roadsides to buy things. Some of our people are freedom drunk; they do business on highway-sides and service roads. Varied workshops mushroomed alongside our highways. Some mechanics park heavy trucks and other four wheelers on the sides of highways and service roads to do their repair and maintenance work blocking the passage. Some of these workshops do not have side coverings; they work all through day and night, blazing powerful lights; and using heavy electrical gadgets without any licence. They spill the waste oil and that percolates into the ground-water and spoil the potable water in the nearby wells. Some of them do not have sanitation facilities and pollute the environment. Some of our people think highway-sides are the place to dump wastes. Some of them stupidly stack building materials and articles for rent on waysides permanently blocking the way. The police also do not book such blatant wrong-doers. The political leaders and bureaucrats of our country often visit developed countries and they are aware of the developments in those countries. But their political, communal and parochial considerations made them hind-sighted. A leader at the helm of a revolutionary political party made an insincere demand, “Every house by the side of the new Express-Highway shall be given direct entry into it.” His eyes were riveted on vote-bank and power. Some portions of our national highways still pass through major towns/cities like Angamaly. It is significant that National Highways shall bypass towns/cities; they are meant for speedy transportation of goods and passengers.

AMENDMENTS PROPOSED TO BUILDING RULES (KERALA): The government shall make necessary amendments to the Building Rules incorporating - 1. Prohibiting further constructions or developments en-route the sides of National Highways and Express-Highways. 2. Directing to leave an open space of 15 meters from National or Express Highways; 10 meters from  state highways and 7 meters on other roads; and one-half of such open space shall be surrendered free of costs for widening the roads and  the rest alone shall be retained by the owner for parking. 3. Granting exemption in floor area ratio of the Building Rules, while constructing their building, to those who surrender or have surrendered land free of costs to government or civic administration for widening of the roads/drains. (This will definitely help in the expansion of roads.) 4. Licences granted shall be cancelled to those commercial and industrial establishments which do not have adequate parking and other sanitation facilities. 5. Incentives may be given to those buildings erected only to facilitate parking vehicles like tax rebates on such buildings.

Excerpts from

NEED OF THE HOUR

By

Joseph J. Thayamkeril,

Lawyer, Cochin

josephjthayamkeril@gmail.com memoirs

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