Analysis of Delhi Odd Even Traffic Notification

Analysis of Notification of Government of NCT of Delhi Regarding Odd Even Rule of Traffic [Personal & Private Circulation bearing no opinion or advice] Date of Effect:01.01.2016 The pollution in Delhi is increasing day by day which is not good for the persons living in Delhi, specifically for small children and senior citizens. As per government notification, Delhi has 90 lacsregistered vehicles and these vehicles are considered as one of the major source of pollution. NGT, Supreme Court of India and Delhi High Court came up with various rulings and directions to curb this air pollution caused by the vehicles. Delhi government also came up with a Notification having serial No. 302 dated 28 thDecember 2015 via Transport Department. This is a very well come step from the Government of NCT. Few highlights of the notification are: 1. This notification applies from 1stof January to 15thof January 2016. 2. The nick name of this notification is “Odd Even Rule”. 3. The applicability of this notification is on non-commercial four wheel vehicles only. It means commercial vehicles and 2 wheelers can run on all days during this period. 4. Odd number 4 wheeler noncommercial vehicles are allowed on odd dates and even number vehicles are allowed on even dates. The timing of this rule is from 08.00 AM to 08.00 PM. Sunday is also free for all vehicles. 5. Vehicles of other states are also covered under this notification and will have to follow this notification. 6. There shall be a fine of Rs. 2,000/- on violation of this rule. 7. Women driven vehicles with children of age up to 12 years or only women passengers are exempted from this notification. 8. Vehicles having CNG as fuel and also having “CNG Vehicle” sticker displayed on the front screen issued by IGL are also exempt from this notification. Further the hybrid and electric vehicles are also exempt from this notification. 9. Emergency vehicles are also exempt from this notification. 10. Vehicles driven/occupied by handicapped persons are also exempt from this notification. Comments on few critical points in the notification: 1. Indirectly, only petrol and diesel noncommercial 4 wheeler vehicles are covered under the notification. This can be notified directly, instead of creating so much of technicalities. 2. After analyzing the whole notification, it is found that less than 25% vehicles running on road are covered under this notification after giving so much of exemptions. 3. The fine is also at a very higher side which should not be more than Rs. 500/-. 4. Only medical emergencies are covered in the notification while a person can face much high level of emergencies. This will create a conflict between the persons and authority officials. 5. So much of government machinery and staff has been deputed for this drill which shall also affect the other works of the various state revenue departments, transport department and of Delhi Police. 6. No provisions are covered for senior citizens as like women. I was expecting some exemptions for senior citizens also. 7. The safety of women drivers, if will driver alone or with women or kids is also a concern which the government has to consider during the whole drill. 8. There can be a situation that a person having CNG Fit in the car with the CNG sticker on the screen but driving on petrol on the road. This is also a violation of the notification but very difficult to stop. No explanation is given for the same. I believe a higher penalty than the normal fine should be attached on these type of defaulters. 9. Clause 25 of Schedule of exemption covers vehicle driven/ occupiedby handicapped persons. Here the explanation is not attached. People can misuse this exemption easily to run the vehicle on the road. Occupied word has a very wide coverage and will create a conflict between the persons and authority officials. 10. If any 4 wheel noncommercial vehicle is entering into Delhi, what shall be the procedure to stop him or aware him about the road transport department notification in Delhi. This is a state notification and we cannot expect that every person entering into Delhi will be aware of this. No such procedure is explained in the notification. Disclaimer:This document contains the views and analysis of the author regarding the mentioned notification and it is for personal and private circulation and not bearing any opinion or advice. Prepared By: Mohit Gupta, B Com. (Hons.), FCA, LLB, Alumni Rajdhani College (DU) 2008 Alumni Law Centre 2, Law Faculty (DU) 2015 For any query and feedback, please write to mohit@gmrindia.com