Dear all,
In larger public interest we are raising certain issues of safety and regulation of rail transport in India on this public platform over Internet at www.IRLRO.bloggers.com
We shall raise the issues of public interest before the general public through this forum at regular intervals.
IRLRO invite comments from experts, interest groups and general citizens on the subject and issue so that together we can make our voice heard before the law makers and public representatives take note of the concerns raised for certain and remedies as they feel is good for this country.
Public interest Issue No. 1
Present Status, Role and powers of rail safety Authorities
In India railways has been playing an active role in ensuring the growth and sustained development of of its citizens,
With the passage of Time Indian Railways has been evolving progressively in terms of technological advances and business development keeping in view the vast geographical reach and needs of its citizen, and plays an active role in defense transport support systems.
With the advent of time, despite break through and advances in various fields, few areas of governance of rail transport systems in India have been left un-attended and un-resolved despite recommendations of various committees particularly provision of independent safety regulator and standardization.
It is surprising that despite Indian railways showing tremendous growth in its business of Transport.
All the Three Transport modes in India, are governed under independent public control as given under:
1. Air Transport -
Director General Civil Aviation (DGCA) as empowered under various aviation
Acts, laws and International treaties, governs each and every aspect of Air transport in India. This includes executive and independent public authority to exercise control on technology issues, Certification and licensing, fixing standards and acting as Public Regulator. It also acts as independent safety regulator. DGCA is directly empowered to exercise regulatory and punitive actions against violators of Air Transport.
All manpower forming the DGCA team is paid directly from public funds and none of the water transport operators and owners ever finance the DGS safety and standards team.
2. Water Transport:
Director General of Shipping (DGS) as empowered under various Shipping Acts, laws and International treaties, governs each and every aspect of Water transport in India over inland and international waters. This includes executive and independent public authority to exercise control on technology issues, licensing, fixing standards and acting as Public Regulator. It also acts as independent safety regulator.
DGS is empowered to exercise regulatory and punitive actions against violators.
All manpower forming the DGS team is paid directly from public funds and none of the water transport operators and owners ever finance the DGS safety and standards team.
3. Road Transport:
The Department of Traffic Police of each state is empowered by the Central Motor Vehicle act and other governing laws, to act as an independent public regulator to regulate, license, standardize, the road transport in India in each state.
The department of Traffic police of each state is empowered to prosecute the offender on each and every issues ranging from over loading, to drunken driving, even arrests can be made for offenders by the traffic police.
The Traffic police is independently financed by Public fund and is not financed directly or in-directly by any transport driver, operator, manager or owner in any way.
4. RAIL TRANSPORT IN INDIA – PARTICULARIRLY Indian RAILWAYS:
We shall submit our opinions on Indian railways only being the biggest rail transport in India.
Indian railways and other rail transports in India are governed mainly by The Indian railways Act, other statutory laws.
The following forms the regulation status of rail transport over Indian railways.
1. Railway Safety organization works under two different systems:
a. Chief Commissioner of Rail Safety - independent and under executive control of Min. of Civil Aviation.
b. Safety Organization: Under direct administrative control of Railway Board. This administrative command structure its manpower from among the railway’s staff and officer cadre.
2. The Railways Act -1989 under chapter III defines the aspect of rail safety regulation as under:
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“IRLRO” submits that The act governing The Rail Transport in India lays different rail safety laws as compared provisions of safety in all other transport systems be it Road, Air, Water transport.
Interestingly the Road, Air and Water Transport systems requires international treaties to be followed, when it comes to law making and regulations.
In India besides Railways Govt. of India has followed the international norms of Regulation and certification, validation are applicable in Road, Air, and Water transport.
Due to the ever increasing reach and spread of transports and increased movement of men and material across countries and continents, each transport system while incorporating technological advancements has been evolving internationally accepted regulatory norms and standards to larger control over safety aspects and standardization.
Rail Transport is the only transport in India Without an independent regulator, with independent executive powers on safety.
It is evident from the provisions of the act, that a commissioner of rail safety is not empowered to exercise punishment on safety violators in rail transport. This leads to enormous gray areas for the rail transport company (in this case Indian railways) to compromise on application of safety rules in situations where business interests are colluded with safety requirements. The Office OF CCRS and CRS’s have no executive control on Rail Transport in India. Their main role is more or less advisory and involves external supervision, certain approvals, inspection and inquiry when asked for.
One simple example is given:
These days from last few years Goods wagons are loaded over and above its carrying capacity (CC) by Indian railways to push its business and earn more. Without Technical improvements in Rolling Stock , just by reducing speed railways are ferrying SUMO rakes with max. Permissible speed of 60 KMPH from origination to destination.
Surprisingly No prior approval from The safety Regulator the Office Of CCRS is on record sought till date or else notified in general public interest.
Over loading is banned with punitive actions against defaulters in all transport systems all over the world except Indian Railways.
Self policing on public safety rules and issues collide with business interests
The Provisions of Act, makes it possible for a rail transport company in (This case Indian railways) to employ and pay from its internal finances the safety team to implement safety rules. This forms a situation when you employ your own police to regulate your own team on safety.
“IRLRO” is of the opinion that in no other transports, a safety regulator is paid by the transport operator/owner to ensure implementation of safety rules under its direct administrative and business control.
Principal Secy. To Govt. of India also heads a Govt Company
The lack of certain provisions coupled with Double Empowerment of the Business Head of Indian railways also being one of the Chief Secretaries to Govt. of India make this unique combination.
IRLRO feels that because of this double empowerment decisions taken by Business Head of a Govt. company can collude and put at stake the decision of an elected Govt. through its Principal Secretary.
Such Doubled empowerment of Any Business head of any Govt. Undertaking, be it banks, PSU, Research and Advanced Technological Missions is non – existent elsewhere in India.
Standard Norms of certification missing
“IRLRO” feels that due to lack of regulation, a very simple and wide spread norm of independent certification of transport operators in public domain, is missing over Indian Railways.
Road Drivers are independently licensed by and regulated by Public Authorities, Dept .of RTO at state level. A licensed road driver can driver throughout India and in other countries with endorsements.
Air Pilots are Independently Licensed and regulated at par with international standards by public authorities, by the office of DGCA, that is valid and accepted internationally.
Ship captains and sailors are independently, certified and licensed under public domain by the DGS, and is internationally accepted.
Rail transport in India has not such public certification and Licensing of Loco Pilots, and altogether missing, this is perhaps the only transport in the world where internal certification of a transport is certified by a Group “B” officer (Asstt. Divn. Electrical Engineer / Asstt. Divn Mechanical Engineers), a Supervisor (Senior Loco Inspector) and Peer Certification (Two Loco Pilots Certify the New one knows driving)
Surprisingly there are no train driving teaching systems place over Indian railways, No Engines where train driving is taught, no tracks dedicated for learning driving skill, no dedicated coaches, Simulators do exist, but figures/records reveal that exposure to simulators is minimal and almost in-sufficient by any standards.
“IRLRO” feels that it is further supported by the facts that rules are not amended to make it mandatory a minimum sufficient duration to simulator exposure for aspiring drivers before internal certification.
The only principal (Not supported by any classified Rule) followed to ensure learning of train driving skill by aspiring train drivers is that a working driver trains his Asstt. Loco pilot on open line working of trains.
After a few years of service is asked to work as Shunter to learn train driving in yards at max. Speed of 15 KMPH and under traffic assistance through points and shuntman. This is self learning stage.
“IRLRO” further feels that for no fear of public regulation / self controlled conditions the Indian Railways in its business interests have compromised the basic concept of Human skill transfer from one Generation to another and self learning, and started with selecting Asstt. Loco Pilots with meager exposure to learning under working drivers and ZERO self Learning and directly employed them to work on open line independently,
To forgo the public responsibility Indian railways have devised a new strategy to get Written Consent of Directly Promoted Loco Pilots, That “I Know train Driving.”
Self certification by a transport Driver is only seen in Indian railways. No where else of sure.
Board Level, Zone Level and Divisional Safety team under executive control of Business Heads
“IRLRO” feels that Indian railways is the only transport company, that have public safety teams under its executive control.
Safety Organization is Under The Executive control of Chairman Railway Board (CRB) that is business Head of rail transport.
The Zonal Railway General manager is the Business Head of a railway and Executive head of Chief safety Officer is under executive control of their respective GM.
Similarly, Sr. Divisional Safety Officer is under the executive control of respective Divisional Railway Manager.
Railway Safety team drawn from its employees and officers have basic interest Over Indian Railways as basic as ACR and Administrative LEIN
All the team members of safety organization being drawn from the cadre of regular employees and officers have the basic interest to the extent that Annual Confidential Reports and Administrative lien are drawn in parent cadre of Indian Railways.
“IRLRO” feels that it becomes next to impossible for an employee of safety team to enforce safety rules strictly and avert short cut methods among transport operation staff, because that may risk and conflict with the business interest of Indian railways at all levels because their parent lien is with railways and safety team would never prefer risk and conflict business interest to strictly follow safety rules.
This is the anomaly no transport and public regulator would allow to exist ever.
No Insurance cover for Railway Locos and rolling stock
Due to absence of regulatory provisions, Indian railways is the only transport in Public Domain that does not require to ensure Insurance Cover for Its Engines, and Rolling stock.
“IRLRO” feels that Indian Railways is the only transport company that enjoys the liberty of not getting initial or regular insurance of its entire fleet of rolling stock.
No vehicles in Air. Road and Water are allowed to operate in Public Domain without the explicit condition of Insurance of its entire fleet.
Only reason is grey area being no regulation zone for Indian railways in this regard.
REQUEST:
“IRLRO” requests all interest groups to examine the Public issue NO. 1 raised at this platform, for rigorous, extensive and meaningful debate.
“IRLRO” further expects that all interested including lawyers, NGO’s, Press, CCRS’s, CRS’s and other prominent organizations, and persons, may please forward their opinion and support on this issue to skpandhi@rediffmail.com so that organization can discuss the matter and take this issue to its logical conclusion by representing the public and constitutional authorities.
Our Next Issue “PUBLIC ISSUE NO. 2” shall be
Loco Pilots forms the Only Category in the civilized world denied compulsory weekly / periodical Rest
Posting date shall be after 20/05/2009 at www.IRLRO.bloggers.com
Thanks and Regards to one and all
For and on behalf “ Indian Railway Loco Runningmen Organization”
Sanjay Kumar Pandhi
Working President
IRLRO- Central Body
