Welcome

to
Presentation on
Techno- Legal Issues
Compliance with safety standards for
Road Design, Construction & Maintenance
as per
Motor Vehicle (Amendment) Act 2019
By
P. Srinivasa Reddy
B. Tech, M.B.A, L.L.M
Advocate & Legal Consultant
1
 PROFESSIONAL EXPERIENCE
“In Concrete Service to country, since 1993”

Specialization in Cement Chemistry, Concrete Technology, Construction Chemicals

Applications, Repair & Rehabilitation of Engineering Structures.

Published over 40 technical and management articles and papers; participated in

nearly 25 international and national conferences; delivered more than 45 expert
lectures and is a visiting faculty at various institutions.

Envisaged and Organized Rehab Technology Summit, an International event on

“Inspection, Assessment, Condition Survey, Repair & Rehabilitation, Retrofitting and
Protection of Bridges and Buildings”, held during 11 – 12 March 2005 at National
Academy of Construction, Hyderabad, India.

Primary areas of focus include: Expert lectures, organizing Knowledge Transfer

workshops, Key Industry Player Summits to share thoughts, Motivational Speaker &
Thought Leader, training & mentoring on entrepreneurship and self-employment,
pathfinder towards “unconventional careers for civil engineers” etc.

“Small opportunities are often the beginning of great enterprises”

- Er. & Ad P. Srinivasa Reddy, B.Tech, M.B.A, L.L.M

2
Educating Society on Legal matters
 A’n’E Infralegal - Vision

Setting up standards through

benchmarking high quality
precision for techno-legal
end-to-end services, protecting
clients interests in housing,
industrial and infrastructure
sectors in concrete
construction & repair projects.

4
 Objectives: Techno-Legal
• To raise confidence in legal system.

• To avoid hit-or-miss methods. (often used in projects).

• To avoid failure of justice & economic losses.

• To achieve national development as desired without

litigations in infrastructure project & private sector also.

• To assess the suitability legal remedies for a given situation.

5
21
22
23
24
25
26
27
28
29
30
31
 Significance of Civil Engineer

“We must learn how to restore or repair old

defective concrete so that disintegration
can be arrested and so that investments
need not be written off prematurely as a
loss”
- L.F Harza and H.G Roby,
(Presentation at the 1936 ACI Convention)
 Rehab
Technologies
Since 2002
R
onwards
R working
R
on PAN
R R
INDIA basis
R
R 11 states with
R
NHAI
R R Railway
British High Commission
R
and several prestigious
concrete repair projects
 Consultancy Works in NHAI:

Client Project Bridges

Madhucon TADA BOT 12 ; 46 culverts
Limak Soma JV AP – 16 24 bridges
Prasad SEW JV AP – 5 6 bridges
Gammon OR – V 38 bridges
Gammon OR / WB – 1 Suvernareka
Gammon NH-2 Package-2 Yammuna
 Consultancy Works in NHAI: (Cont…)
Client Project Bridges
BSCPL SCL JV NH-4 Package-1 8 bridges
Madhucon TADA BOT Condition survey
NEC AP – 6 6 bridges
SPCL IVRCL JV AP – 5 24 bridges
Gammon RDRP Yerravaram
Gammon RDRP Jaggampet
IVRCL NS - 40 15 bridges
IVRCL NS – 41 12 bridges
Soma NH -3 26 bridges
L & T ECC NH - 14 15 bridges
 Consultancy Works in Railways:
(Condition survey and Health monitoring and other
connected work of old masonry, steel and concrete bridges)

Client Bridges
Guntakal Division 1124
Secunderabad Division 118
Vijayawada Division 19 very important
bridges
Secunderabad Division 8 FOBs
Secunderbad Division Ballarsha
India road crashes
kill 146,133 people
in 2015
 A report released by
India's ministry of road transport says:
• 146,133 people were killed in road accidents in India in 2015, up
from 139,671 in 2014

• 501,423 road accidents in 2015 - or 1,374 accidents every day - up

from 489,400 in 2014

• 500,279 people were injured in road accidents in 2015, up from

493,474 in 2014

• 400 road deaths take place every day on India's roads.

• 13 states, including Tamil Nadu, Maharashtra, Madhya Pradesh,

Karnataka, Kerala and Uttar Pradesh, accounted for more than
80% of all road accidents and fatalities

• Nearly eight in ten accidents were caused by drivers, with 62% of

those blamed on speeding.
” Accidents are killing There is an "urgent
more people in India need" to improve road
infrastructure as the
than terrorism or
numbers showed road
natural disasters and accidents were one of
yet we never talk the single biggest causes
about them” of death in India.

- Nitin Gadkari Road accidents

Minister for Road “shave” 3% off the
Transport & Highways country's GDP
every year
 Various causes for Road Accidents
• Private encroachments
• Non cooperation among drivers
• Unscientific road design
• Lack of free ways / exit ways where local roads and
main roads intersect
• Lack of demarcated footpaths
• Lack of bus bays
• Lack of cycle tracks
• Lack of coordination among various government
departments (e.g. digging of roads by
telecom/water department and leaving it open)
 Fundamentally two challenges
encountered by Civil Engineers
• Firstly, how to design and build new structures
that are durable;
• secondly, how to maintain, repair and extend
the service life of existing structures.

Prima facie structural deficiencies, erroneous designs,

substandard quality materials, poor workmanship, inadequate
supervision, non-compliance with technical standards etc ends
up to circumstances like demolish and rebuild or repair and
rehabilitation of the distressed structural element.
45
 Motor Vehicle (Amendment) Act 2019

• Insertion of new section 198A

• Deals with failure to comply with standards for

road design, construction and maintenance.
'198A. (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.
 198A (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.
 198 A (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;
(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;

(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;
 • (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.’.
“Understand uncertainties; mitigate
risk;
design concrete action plan”,
is our professional maxim.

Thank you
for further details contact
A’n’E Infralegal
512, Topaz Towers, Amrutha Hills,
Hyderabad.
Ph: 27661119.
Mobile: 9666011193
E-mail: advocatepsreddy1119@yahoo.com

52