BY Himanshu Gupta – Founder and CEO, Lawyered
In a digitally driven landscape, the commercial and private transport sector stands at the forefront of disruption. Estimated to reach $484 Bn in 2029 from $317.3 Bn in 2024 at a CAGR of 8.8 percent, it is recognised as the backbone of the nation’s economy. As per the NITI Ayog’s 2022 report, road transport, especially trucks handles most of India’s goods transportation needs with 70% of the domestic freight demand and transporting nearly 2.2 trillion tonne-kilometers of freight in India.
Undeniably, the transport and logistics sector has been undergoing tremendous transformation with accelerated infrastructural development, the adoption of modern and electric vehicles, and a more connected and inclusive on-road ecosystem. Having said that, there is a common thread —many drivers in commercial and private vehicle segments face challenges regarding on-road legal incidents like theft, accidents, etc, and traffic challans.
Understanding the challenges in on-road landscape
In every transformation journey lies a series of challenges as well as opportunities to progress ahead. In recent years, there has been a steep surge in the number of traffic challans issued due to excessive traffic rule violations, in addition to the challans that get issued due to technical problems in the system. According to the Ministry of Road Transport and Highways, over 7 crore e-challans were issued in 2022 alone. Though these fines are necessary for law enforcement, they also place a substantial financial burden on both – commercial and private vehicle drivers.
On the other hand, many drivers lack awareness of their legal rights and obligations which leads to unnecessary penalties. Additionally, drivers in many cases also face harassment from authorities and officers such as demands for under-the-table fees that add another layer of complexity for them.
In 2022, there were 1.55 lakh fatalities reported on the road. For drivers involved in accidents, navigating the legal landscape becomes extremely challenging as issues related to liability, compensation claims, and insurance disputes often lead to long and complicated legal proceedings.
Financial Burden on Drivers
After the 2019 amendments to the Motor Vehicles Act, imposing of fines for traffic violations were increased significantly. For instance, drivers unknowingly violating traffic rules by overspeeding, red-light jumping, not wearing seat belts, etc. are also charged exorbitantly which puts financial strain on them. As a next step, outstanding challans and delayed resolution can lead to compounded fines, creating a substantial financial burden. In some cases, vehicles are also impounded and lack of adequate legal and insurance support makes them vulnerable to high legal fees and out-of-pocket expenses, especially in the instances of an accident or dispute.
Lack of Accessible Legal Assistance
Drivers, especially in the commercial segment, often don’t have access to legal counsel when required. The absence of real-time legal help leads to long legal battles, detaining drivers for extended periods. On the other hand, in rural or remote regions, the lack of immediate access to legal services worsens the problem, with drivers facing delays in challan resolution and case hearings. In a majority of incidents, the language barrier becomes another battle for many drivers who are not comfortable with the legal language or paperwork involved in resolving traffic issues, leading to more confusion and delays.
Technology Gap in Legal Services
The authorities have introduced e-challans which has brought a higher degree of transparency in the system. However, the digital infrastructure requires more accelerated advancement and development to tackle payment delays, errors in challan entries, and lack of real-time updates complicating the resolution process.
The Way Forward: Turning Opportunities into Solutions
Since immediate access to legal counsel is difficult, many drivers, especially those operating commercial vehicles often find themselves detained for extended periods due to unresolved legal issues, particularly in areas where legal infrastructure is limited.
In rural areas, language barriers contribute to aggravating these problems. Legal processes often involve paperwork that is drafted in formal language and is difficult for drivers to understand. This leads to confusion and delays in resolving traffic issues, contributing to the stacking of backlogged cases.
Promoting Public-Private Collaboration
To improve the accessibility of legal services, there is a pressing need to initiate a stronger and closer collaboration between government bodies and legal tech companies. Introducing user-friendly solutions, automating challan payments, and providing on-the-spot legal assistance can be instrumental in solving critical on-road challenges.
In addition, there is a dire need to prioritise driver welfare. Introducing driver-centric policies such as simplified legal processes, a cap on fines for minor offenses, and faster dispute resolution can ease the burden on both the legal system and the drivers.
Financial Relief for Drivers
To alleviate the financial burden of drivers, government-initiated amnesty programs can resolve long-standing challans or reduce exorbitant fines. A subsidised legal aid for commercial drivers could help them access free legal assistance to combat legal issues related to road accidents or violations, without impacting their financial neutrality.
Final Thoughts
Addressing on-road legal challenges requires a multi-faceted approach. Leveraging the use of technology, introducing better reforms, and promoting public-private collaboration can bring a poignant shift in the way on-road issues are handled. Besides this, investing in real-time legal assistance, driver education, and streamlined legal processes can create a more equitable, efficient, and inclusive system benefitting both drivers and law enforcement.