MOVEMENT OF VEHILCES AND LOGISTICS FOR HAZARDOUS GOODS

       The LPG tanker blast at Chala in Kannur has claimed many lives and left twice as much as inured. Such tragedies are not common to Kerala state alone, but can take place anywhere in India. Given the rate of consumption of LPG within the country and its use in industrial purposes as well as the transportation of other hazardous chemicals from one place to another, it is becoming all the more important to have laws and other mandatory regulations in place in a more comprehensive manner.

      The present rules and regulations for the transportation of goods and services are quite in their basics and may require some pruning and sharpening so as to be ready for the next generation of movement and transportation of such goods within the country. For this the both the Central and the respective State governments must act to have a more updated laws in place. This is more so as the country is one of the most important emerging economies where future consumptions of LPG and other chemicals would sky rocket rendering the previous laws and rules and regulations lacking in foresight or having the necessary security and safety requirements in place.

       Already there are several features in the acts of road transports which distinguish different modes of transport and the categories each belong and what are the stipulation of licensing such vehicles and fitness tests for such vehicles. Apart from ability to drive the HEAVY VEHICLES there are educational requirement as per the Act. This is especially so in the case of drivers of carriage carrying dangerous or hazardous goods. The following is the direct quote as per the Central Motor Vehicles Act.

“One year from the date of commencement of Central Motor Vehicles (Amendment) Rules, 1993, any person driving a goods carriage carrying goods of dangerous or hazardous nature to human life, in addition of being the holder of a driving license to drive a transport vehicle, also has the ability to read and write at least one Indian language out of those specified in the VII Schedule of the Constitution and English and also possess a certificate of having successfully passed a course consisting of flowing syllabus and periodicity connected with the transport of such good.”

     The Act then details the requirements as below which are written here is in abridged form only.

Period of Training:                                                       3 days

Place of Training:                                                         At any institute recognized by the State Government

     A:   (Pertains to defensive training,

             Questionnaire, driving fitness etcetera       Duration of training for A & B – 1^st and 2^nd day

             etcetera)                                               

      B: Advance driving skills and training                      (left blank)

Place of training:                                                          At any institute recognized by the State Governments.

                                           ___________________________________

    From the above it is quite clear that the Act has been put in place to address the genuine requirements of the driver of the Heavy Vehicle carrying hazardous chemicals like LPG and others for domestic use or industrial purposes.   The above blank portion in Schedule B is perhaps to give a little flexibility for the State governments to make such stipulations under its act. However, there is lack of coordinated strategy while transporting hazardous chemicals especially for those passing from one state to another when different states have their own stipulations and rules. The differences may arise due to political and economical conditions and some may be more liberal than the other states while some may be a little more stringent. For instance, Kerala which has the highest density of population in India when compared to other states per square kilometer and is therefore more prone to risks and may have more stringent transportation rules than other states. This obviously puts it in disadvantage for products like LPG or other industrial chemicals are also a must to feed its own consumption and meet its own industrial needs. Therefore, all such acts pertaining to hazardous chemical transportation should be the same for all states by a stringent Central Government Act common to all states.

      Apart from the rules of the law there must also be a lawful process wherein the driving license for transportation of hazardous materials given to drivers be made flexible for demoting them in the event of any mishap. This would mean that the licenses of the driver would automatically move them from the drivers of hazardous materials to drivers of ordinary light to heavy vehicles. Strict laws like hazardous carriages should only follow a straight path and not deviate and that in such cases necessary policing should be mandated so that traffic blocks could be avoided so as to make way for smooth passage for these vehicles. This would mean that sufficient time would be given to these vehicles especially during non-peak traffic time to give uninterrupted movement from one identified spot to another some distance away so that the drivers needn’t have to put strain in speeding the vehicle or overtaking. Above all there must be regular conditioning and maintenance of roads wherever such carriages are made to pass. Alternate supply routes like the rail, undergone gas pipeline are to be given preference as these are seen to be relatively safer methods of transport as statistics of other countries reveal.
       The government on its part should have a clear law governing the incentives and emoluments that are to be paid to drivers of Heavy vehicles carrying hazardous chemicals as they are doing a more riskier duty of transporting such hazardous necessities for the well being of the society. If they err in some serious manner they ought to be instantly demoted, but they may carry on driving other commercial vehicles without the incentive or special considerations.