Proposed Law Mandates Compensation for Accidents Caused by Parked Vehicles and Materials on Roads
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The government has drafted a law requiring compensation from individuals or institutions responsible for accidents caused by vehicles parked or goods piled on roadways.
According to a senior official, the Infrastructure Development Ministry has prepared the Road Safety Bill and submitted it to the Ministry of Law for approval.
The draft law aims to prevent and reduce road accidents and includes provisions for the rescue and treatment of road accident victims.
Clause 37 of the bill states, “If an accident occurs causing loss or damage due to vehicles parked on the road or in prohibited parking zones, the vehicle owners and drivers will be held liable for compensation, which the council may enforce by issuing procedures.”
The bill also proposes the formation of a National Road Safety Council chaired by the Minister of Infrastructure Development, comprising government officials and experienced members in transport and road safety.
The council will also be authorized to enforce compensation collection from individuals or institutions responsible for accidents caused by unauthorized goods stored on roadsides or any other related activities.
“This is a new law. We previously did not have any legislation regarding road safety,” said Krishna Raj Pant, Joint Secretary of the Physical Infrastructure Ministry.
“Its main goal is to reduce road accidents.”
However, road safety campaigner Saurabh Dhakal pointed out that the bill lacks clear provisions holding government bodies accountable for accidents caused by materials placed on roads or sidewalks.
“For example, if someone gets injured due to a street lamp post planted by a municipality that was not clearly visible, who is responsible for compensation? Or who is accountable if an electric box placed on the sidewalk causes electrocution?” Dhakal raised these questions.
According to Dhakal, despite previous urban road standards being drafted in Nepal, weak implementation has prevented effective results even when laws exist.
Treatment for Road Accident Victims
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The proposed bill mandates the provision of ambulance services at suitable intervals along roads, establishment of health institutions, and trauma centers in national highways and urban areas across each province.
Healthcare institutions will provide treatment to road accident victims, and insurance authorities will facilitate compensation for victims unable to receive it otherwise, as outlined in the bill.
“For hit and run cases or any other incidents where the driver is unidentified and victims do not receive compensation, treatment will be provided through the Insurance Authority,” the bill proposes.
The bill also places responsibility on all citizens to immediately notify relevant authorities following a road accident.
Furthermore, the legislation assigns accountability to concerned agencies for repairing deteriorated road infrastructure.
However, Dhakal highlighted that inconsistent road safety regulations between urban development standards and other existing laws remain a weakness.
“There should at least be coordination between the road safety law and the urban road standards law,” Dhakal stated.
What Does the Bill Say About Pedestrians?
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The bill proposes a classification system for roads, requiring identification of road segments with at least five accidents or ten or more fatalities in the past three years as high-risk areas, and implementation of measures to reduce such incidents.
Government agencies are required to establish and enforce a code of conduct for all road users, including drivers and pedestrians, as stipulated in the bill.
Campaigner Dhakal emphasized that the focus should be more on developing pedestrian-friendly infrastructure rather than controlling pedestrians.
“Does road safety mean protecting sidewalks? For example, the extended Ring Road in Kathmandu lacks proper sidewalks, with open drains making it difficult to walk,” Dhakal explained.
After receiving legal approval from the Ministry of Law, the Infrastructure Development Ministry’s Joint Secretary Pant stated that the bill will soon be presented to the cabinet for approval.
“Once approved legally, we will submit it to the Cabinet. After cabinet approval, it will be registered in Parliament,” Pant said.
The bill also proposes that driver training centers include road safety topics in their curricula and add road safety questions in the driver’s license examination.