A division bench noted that while there are clear provisions prohibiting slow-moving vehicles on designated expressways, it is the enforcement of the provisions that was the issue. The Delhi High Court has directed the traffic department to ensure rigorous enforcement of prohibitions on slow-moving vehicles on expressways, especially within the territory of the national capital.
A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, in its October 17, order, had said that “regular monitoring and prompt corrective actions should be taken where deviations from the prescribed norms are observed”. It noted that while there are clear provisions prohibiting slow-moving vehicles on designated expressways, it is the enforcement of the provisions that was the issue. “While regulations concerning the movement of slow-moving vehicles on expressways, such as the Delhi-Meerut Expressway, are in place, it is evident that there is a gap in their practical execution. The NHAI’s own acknowledgment underlines this enforcement lacuna. Consequently, effective enforcement mechanisms must be put in place by the authorities to ensure that the prescribed rules are followed, thus, averting potential hazards and ensuring the safety of all road users,” it noted. The bench, however, refused to direct the demarcation of specific lanes for slow-moving vehicles on expressways and left it to the discretion of the government and the relevant departments. It observed that as a judicial body, it must refrain from “delving into areas earmarked for executive and policymaking functions”. The order came with regard to a Public Interest Litigation (PIL) seeking directions to restrict slow-moving vehicles such as tractors, animal-drawn vehicles and two-/three-wheelers from plying on the main carriageway of the expressways. The bench was told that as per NHAI data, between 2017 and 2022, there were 31 fatalities on the Delhi-Gurgaon Expressway due to slow-moving vehicles and 137 grave accidents. Disposing of the plea, the bench said that the “onus” now lies on the implementing agencies to take “concrete actions on the ground”