Indian Road-Safety Proposals Get Automaker Pushback

MUMBAI – India’s new government proposes comprehensive new legislation on road transport and safety and posts it on the Web for public discussion.

Response already has come from the country’s automakers, and it is mostly negative.

The government proposes creating a Motor Vehicle Research and Road Safety Authority to provide a framework for safer, faster and more cost-effective transportation. It targets prevention of an estimated 200,000 traffic deaths over five years.

The new policy also aims to increase the road-transport system’s contribution to the national economy 4% and calls for new investment in the transportation industry aimed at creating 1 million jobs.

Automakers object most strongly to a rule that would require the recall of a vehicle if  100 customers complain of any defect that could harm a driver, passenger or pedestrian.

The companies say the Society of Indian Automobile Manufacturers two years ago established a voluntary recall policy under which more than 700,000 vehicles have been recalled for repairs, parts replacement or vehicle replacement.

Of that total, 550,000 vehicles were recalled by Maruti Suzuki for faulty wiring harnesses and fuel filler necks, General Motors India for emissions and specification issues, Toyota Kirloskar for faulty inlet pipes and Honda for brake systems.

Automakers consider the proposed law unnecessary and object to the 100-complaint provision. “It is not feasible to have an arbitrary number of complaints to trigger recalls,” says Jnaneswar Sen, vice president-Honda India.

The number is so small that competitors could create false complaints, Sen notes, whereas a serious issue in only a few vehicles may justify a recall.

“A complaint by 100 people should not trigger a recall,” SIAM Director-General Vishnu Mathur says. “It could really be a reason for investigation.”

Automakers also say the proposed fine of Rs500,000 ($8,080) per vehicle per complaint is excessive and arbitrary. A Tata executive says the aim of the policy should be to encourage initial vehicle quality and performance rather than merely mandate replacement and impose penalties.

Because existing regulations do not address recalls, the government is trying to include mandatory recalls in the road transport and safety bill. While automakers cite their voluntary recall policy, it has been criticized as weak and easily circumvented by the manufacturers.

The Road Transport and Safety Bill not only addresses recalls but also provides an institutional framework through a national organization promoting road safety. Existing laws include a national traffic-safety strategy and provide for enforcement. But with road deaths surpassing 150,000 a year, the new proposals focus on more-effective enforcement.

Car-safety assessment and type certification already are in place. But the proposed legislation adds a new provision for periodical recertification of roadworthiness. Certification of trailers, spare parts and seatbelts will be added to these tests in the future.

Car registration is handled by the states and law enforcement varies from state to state. The new legislation proposes a unified, nationwide registration process.

The new legislation also looks to improve both transit and road infrastructure to make both driving and the roadways themselves safer. The National Automotive Testing R&D Infrastructure program is opening seven new centers across the country.