Beruflich Dokumente
Kultur Dokumente
Inception Report
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
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:
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
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.
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,
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.
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.
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.
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.
Comments
Literature review
Field observations
Comments
Presentation at
Incorporating comments
stakeholders’ Workshop
Comments
Submission of Final Report and
draft RSA
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.
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.
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:
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.
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.
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
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.
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.
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:
2) Road Safety
i. Purpose
ii. General duty of drivers
3) Commercial Vehicles
4) Offences and Legal Proceedings
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
Preamble:
1. Chapter 1: Preliminary
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
Vehicle Operation