Nepal Proposes New Traffic Law to Enhance Road Safety and Protect Good Samaritans

Kathmandu. The government has proposed new and progressive legal provisions to address the tragic situation of road accidents in Nepal and the untimely deaths of victims due to delayed treatment.

The draft of the 'Bill to Amend and Consolidate Laws Relating to Vehicles and Transport, 2082' prepared by the Ministry of Physical Infrastructure and Transport includes a historic provision to provide full legal protection to 'Good Samaritans' who rescue road accident victims. This bill, which is being introduced to repeal the three-decade-old Transport Management Act, 2049, prioritizes road safety, human empathy, and modern transport management.

The bill aims to completely eliminate the common fear among citizens of facing police scrutiny or legal complications when assisting road accident victims.

The proposed bill aims to make road transport services smooth, safe, reliable, and technology-friendly. Provisions with significant and far-reaching impacts on the daily lives of citizens and road safety have been proposed in the bill.

Specifically, revolutionary provisions such as extending the validity of driving licenses, imposing strict penalties on those causing accidents, and providing legal protection to rescuers have been included in the draft.

• Full Legal Protection for 'Good Samaritans'

In our society, there is a tragic situation where people stand by watching or filming accident victims instead of rescuing them. The main reason for this is legal complications. Citizens often refrain from rescue operations due to the fear of being suspected by the police, facing unnecessary questioning, being charged by hospitals for treatment costs, or being blamed by the victim's relatives.

To address this serious humanitarian crisis, Section 50 of the proposed bill clearly provides legal protection to 'Good Samaritans'. According to the provision in the draft bill, a Good Samaritan who, with good intentions, provides emergency medical or non-medical care or assistance to a person involved in an accident, or transports the victim to a hospital, will not be held liable for any civil or criminal action, even if they sustain injuries or die in the process.

This means that if someone, out of humanitarian concern, transports an injured person to the hospital and the injured person dies en route, the rescuer will not be held legally responsible in any way. The bill clearly defines 'Good Samaritan' as a person who, without expecting any reward or benefit, provides first aid, care, or assistance at the scene of an accident with good intentions and reasonable caution.

This provision is expected to ensure the immediate rescue of accident victims and save many lives by providing treatment within the 'golden hour' (the critical first hour after an accident).

• Hospitals Must Treat Even Without Money or Relatives

Even after a Good Samaritan transports an injured person to the hospital, there are numerous instances where treatment is delayed, leading to fatalities, because hospitals demand police reports, wait for relatives, or ask for advance payment for treatment costs. To overcome this complexity, the bill also imposes strict responsibilities on hospitals and health institutions.

The draft includes a mandatory legal provision requiring nearby hospitals and health institutions to provide initial treatment even if the relatives or next of kin of the road accident victim are not reachable, or if the injured person cannot afford the treatment. This also frees the Good Samaritan from the burden of financial liability or waiting for relatives after dropping the injured person at the hospital.

• Driving License Validity Extended to 10 Years

The validity period of driving licenses, a matter of great concern to the general public, will now be extended to 10 years. The government expects that extending the license renewal period from the current five years to 10 years will alleviate the extreme overcrowding at transport offices and the hardships faced by service recipients.

Additionally, the age limit for obtaining a license has been scientifically revised. According to the new system, one must be 18 years old to obtain a license for two- and three-wheeled vehicles, while 21 years old for light and medium four-wheeled vehicles.

Similarly, a provision has been proposed requiring individuals to be 23 years old to drive heavy vehicles. To ensure passenger safety, a rule has been introduced prohibiting individuals aged 65 and above from driving large and medium public transport vehicles. Furthermore, licenses will be completely denied to individuals with epilepsy, mental health issues, or visual impairments that prevent them from distinguishing between red, green, and yellow colors.

• Intentional Homicide in Accidents to Result in Life Imprisonment

To prevent heinous crimes disguised as road accidents, the bill proposes extremely severe penalties. Citing instances where victims are intentionally run over after accidents on Nepal's roads, the bill introduces provisions that attract 'murder charges' to discourage such inhumane acts.

If a driver intentionally kills someone by running them over, hitting them with a vehicle, or causing an accident with the intent to kill, the proposed bill stipulates life imprisonment, treating it as equivalent to murder. In cases where death occurs due to extreme negligence and carelessness, even without the intent to kill, the driver will face imprisonment ranging from three to twelve years and a fine of thirty thousand to one hundred thousand rupees. Additionally, if an accident resulting in death occurs while driving without a license, an additional fine of twenty thousand rupees will be imposed on top of the prescribed penalty.

• Ride-Sharing Legally Recognized, Offline Passenger Transport Prohibited

The new bill provides explicit legal recognition for ride-sharing services like Pathao and inDrive, which have become very popular in urban areas recently. The bill defines such service providers as 'aggregators' or intermediaries, legalizing the act of connecting transport service users and providers through online or digital means.

Two- and three-wheeled vehicles and other vehicles providing transport services through these online systems will be required to register their transport services and mandatory passenger insurance. If such two-wheeled vehicles transport passengers 'offline' without using the online system (app), traffic police can immediately impose a fine of up to two thousand rupees. The government states that this will ensure passenger safety and curb the practice of arbitrary fare collection.

• Child Seats Mandatory for Children, Significant Increase in Traffic Fines

The draft bill includes a substantial increase in fines for traffic violations to further strengthen road safety. Traffic police will have the authority to impose on-the-spot fines ranging from one thousand to twenty-five thousand rupees for traffic rule violations.

New rules have been introduced specifically for child safety. When transporting children under 10 years of age and shorter than 135 centimeters in small vehicles or cars, a separate 'child seat' is mandatory, and placing children in the front seat is completely prohibited. Furthermore, a fine of one thousand rupees will be imposed for using a mobile phone while driving, driving on sidewalks, or driving in the wrong direction on a one-way street. Those who obstruct traffic by leaving construction materials, goods, or stray animals on the road will be fined between five thousand and twenty-five thousand rupees.

• Two Drivers and Rest Stops Mandatory for Long-Distance Vehicles

Special arrangements have been made for long and medium-distance passenger vehicles to enhance public transport safety and reduce accidents caused by driver fatigue. Vehicles traveling distances exceeding 250 kilometers will be required to change drivers every 8 hours of travel.

This means that long-distance vehicles must have two drivers. Similarly, passenger vehicles operating on long routes will be mandated to stop at designated rest stops (refreshment centers) for at least half an hour every 4 hours of travel to allow passengers and drivers to rest and refresh.

Traveling with passengers on the roof of a vehicle is completely banned, and the rule requiring drivers and front-seat passengers to wear seat belts has been strictly enforced. The government believes that once the proposed bill is passed by parliament and implemented, the road transport system will become modern, safe, and accountable.