"Not The Role Of Courts To Determine Speed Limits": Supreme Court On Highway Regulations

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The Supreme Court stated that determining speed limits on highways falls outside its jurisdiction, emphasizing that such decisions should be left to appropriate government authorities. The court highlighted the importance of specialized expertise in matters of traffic management and public safety. It reaffirmed its role in interpreting laws rather than formulating administrative policies, ensuring clarity in its boundaries of authority.

New Delhi: The Supreme Court stated that it is not the role of courts to determine speed limits on roads, national highways, and expressways, as these should be established by experts and notified by the government.

A bench comprising Justices Surya Kant and Ujjal Bhuyan set-aside a decision by a single judge of the Madras High Court, which had annulled an increased speed limit set by a 2018 notification.

The High Court directed the Ministry of Road Transport to revert to the speed limit established in 2015.

The speed limit had been raised from 100 km/h to 120 km/h on expressways.

This directive from the High Court was issued in connection with a motor accident claim involving a minor who was left 90% disabled after being struck by a speeding vehicle.

The High Court subsequently increased the compensation awarded by a Motor Accident Claims Tribunal from Rs.18 lakh to Rs.1.5 crore.

The Supreme Court clarified that it was not challenging the compensation order, which had not been contested by the Union government, but rather was addressing the High Court’s decision to reduce the speed limit.

The Supreme Court remarked,

“For an unfortunate incident, courts cannot reduce the speed limit for vehicles on roads, NHs and expressways. We can’t slow down the country like this.”

Speed limits on highways in India are governed by the Motor Vehicles Act, 1988, along with rules and notifications issued by the Ministry of Road Transport and Highways (MoRTH) and state governments. Here’s an overview:

1. Central Provisions

The Motor Vehicles Act, 1988 provides the framework for regulating speed limits in India.

Key sections include:

Section 112: Prescribes maximum speed limits for motor vehicles, with the flexibility for central or state authorities to adjust limits as needed.
Section 183: Specifies penalties for driving over the prescribed speed limit.

2. MoRTH Guidelines

MoRTH periodically issues speed limit notifications. Current guidelines include:

Expressways:
- Cars: 120 km/h
- Heavy vehicles: 80-100 km/h
- Two-wheelers: 80 km/h
National Highways:
- Cars: 100 km/h
- Two-wheelers: 80 km/h
- Heavy vehicles: 80 km/h
Urban Roads:
- General speed limits range between 50-70 km/h depending on the area.

3. State-Level Provisions

States can modify central speed limits based on local road conditions, weather, and traffic patterns. For example, state governments may impose lower limits on certain highways or urban stretches for safety reasons.

4. Safety Considerations

Speed limits are determined by factors such as road quality, traffic density, and accident history. Violations are tracked through automated systems like speed cameras and challans.