Road Safety Legal Framework: context of Nepal

Dr. Padma Bahadur Shahi

Email: pb_shahi@yahoo.com
Abstract

The law is an important tool for a society which serves as a norm of conduct for citizens. Set
of legal bindings in the society has been familiarized to provide for proper regulation and order
upon the behaviour for all citizens and to sustain the impartiality. Legal framework, from the
perspective of road safety shall incorporate a wide range of regulatory provisions including
establishment of a leading institution which may facilitate collaboration and coordination
among stakeholder agencies at the same time it could monitor the road safety compliance of
those agencies. Furthermore, such institution shall play the supervisory role for stakeholder-
institutions by forming communication channels in the context of Nepal.

Provision of preventive measures from Road Traffic Accidents (RTAs) and efficient transport
services are primary intentions of the Motor Vehicle and Transport Management Act, 1993.
Implementation of this legal document is the responsibility of Department of Transport
Management (DoTM). However, isolated duties and responsibilities with the limited resources
DoTM is not capable to curb such a complex issue. Similarly, road infrastructure are not
promising for safe traffic operations. At the same time, overall level of road-user awareness is
very critical. Rescue, treatment and rehabilitation of accident victims are unaddressed
problems in Nepal.

Inter-agency collaboration, cooperation and respective liability for road safety activities based
on the proper legal-ground is the immense need our context. Besides this, the role of an
autonomous National Road Safety Council (NRSC) has been realized since long ago and
endorsed in National Road Safety Action Plan, 2013. However, it is exhibited is as a
ceremonial board without any resources and operational secretariat. These road safety aspects
shall be framed into the national policy and other regulatory form of state functioning
mechanism.

This paper is focused on the review of an existing legal provisions related to the road safety
including the functions and responsibilities of stakeholder Government institutions. Similarly,
it highlights the proposal to establish the NRSC and its functions to promote road safety in
Nepal. In addition to this, the paper rationalizes the regulatory provisions for other government

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institutions associated with the road traffic system by ensuring the safer road infrastructure,
safer vehicles, safer road-users and transport services, and effective rescue, post-incident
treatment and compensation of road accident victims. At the same time the paper recommends
key functions of road safety related major institutions such as road infrastructure development,
vehicle and transport management, educational and health institutions in the context of Nepal
for the promotion of road safety.

Keywords: Road safety, National Road Safety Council, safer roads, safer vehicles, public
awareness

Paper outline:
1. Introduction
2. Existing legal provisions for Road safety and initiation in Nepal
3. National Road safety Council (NRSC) and function and organizational outline of
NRSC
4. Legal provisions for road safety aspects and institutions:
a. Safer road infrastructure,
b. Safer vehicle,
c. Safer road users and public awareness
d. Post-crash response
e. Funding provisions