Supreme Court Orders Ban on Highway Shoulder Parking, Issues Safety Directions

The Supreme Court has ordered that no heavy or commercial vehicle shall be parked or stopped on any National Highway carriageway or paved shoulder, except at a designated bay, lay-bye, or Wayside Amenity.

Court said the loss of even a single life due to avoidable hazards such as illegal parking, accident blackspots, or inadequate road safety measures represents a failure of the State's constitutional duty to protect citizens.

The apex court also held that the safety of commuters is an integral facet of the right to live with dignity under Article 21 of the Constitution. Stressing that roads, particularly high-speed expressways, cannot be allowed to become corridors of danger because of administrative inaction or infrastructure deficiencies, the court issued a series of interim directions to address systemic causes of highway accidents.

A Bench of Justices J K Maheshwari and Atul S Chandurkar passed the directions in a suo motu matter registered as In Re Phalodi Accident. Court noted that while National Highways account for only about 2% of India's total road network, they contribute to nearly 30% of all road fatalities.

"We reiterate that no pecuniary or administrative constraint can outweigh the sanctity of human life, and the strict timelines provided herein reflect the urgency of this constitutional obligation," the Bench observed.

The directions were issued after considering suggestions made by Solicitor General Tushar Mehta and amicus curiae A.N.S. Nadkarni, senior advocate, assisted by Jai Anant Dehadrai, advocate-on-record, and Sughosh Subramanyam, advocate.

What directions did the Supreme Court issue to improve National Highway safety?

Court directed that no heavy or commercial vehicle shall be permitted to park or stop on any National Highway carriageway or paved shoulder except at designated parking facilities. Enforcement is to be carried out through the Advanced Traffic Management System (ATMS), using real-time alerts to police authorities, GPS-based photographic evidence and integrated e-challan generation.

The Highway Administration, NHAI, NHIDCL and State PWDs have been directed to file a consolidated report within 30 days detailing the composition and schedule of dedicated inspection teams for every highway stretch.

Court further prohibited the construction or operation of any new dhaba, eatery or commercial structure within the Right of Way (ROW) of any National Highway with immediate effect. It also directed that no authority or local body shall grant or renew licences, NOCs or trade approvals for sites falling within highway safety zones without prior clearance from NHAI or the concerned PWD. Existing licences are to be reviewed within 30 days.

Surveillance, emergency response and truck parking facilities

The Bench directed every district through which a National Highway passes to constitute a District Highway Safety Task Force. The task force will comprise officers from the district administration, police, NHAI or the concerned land-owning agency, PWD and local bodies.

Dedicated Highway Surveillance Teams consisting of State Police and Transport Department personnel are also to be established within 30 days for regular highway patrolling. These teams will supplement NHAI's 24x7 route patrolling vehicles, which must operate at intervals not exceeding 50 kilometres and be equipped with vehicle tracking devices.

NHAI has been directed to operationalise its ATMS infrastructure, including cameras, speed detectors, variable message signboards and emergency call boxes, across all four and six-lane highways and expressways. Compliance is to be reported within 60 days.

Court further ordered NHAI to deploy Basic Life Support ambulances and recovery cranes at intervals not exceeding 75 kilometres on every National Highway stretch within 60 days. Such facilities are to be stationed at toll plazas, Wayside Amenities or dedicated posts to ensure prompt emergency response.

NHAI and the Ministry of Road Transport and Highways (MoRTH) have also been directed to construct truck lay-bye facilities every 75 kilometres on all National Highways, with priority given to the Amritsar-Jamnagar Highway. The authorities may also consider creating additional truck parking facilities wherever feasible to provide resting spaces for drivers of heavy transport vehicles.

Accident blackspots on National Highways

Court directed MoRTH and NHAI to identify accident blackspots and critical areas and publish a comprehensive list of such locations within 45 days.

NHAI has also been asked to formulate a policy framework mandating the installation of high-intensity LED or high-mast lighting, speed enforcement cameras, retro-reflective warning signs and transverse bar markings at every blackspot. The installation process is to be completed within four months of the policy being issued.

Further, MoRTH has been directed to place before the court a report on the constitution of an Inter-State Highway Safety Coordination Committee. The committee will work towards standardising enforcement protocols, including driving-hour limits, surveillance standards, parking enforcement and penalty regimes across state boundaries.

All implementing agencies, including NHAI, NHIDCL, State PWDs and the Border Roads Organisation, have been made jointly and severally responsible for compliance within their respective jurisdictions. MoRTH has been directed to file a consolidated district-wise and agency-wise compliance report before the court within 75 days.

Court directed its registry to send a copy of the order to the Chief Secretaries, Administrators and Directors General of Police of all States and Union Territories, State Legal Services Authorities and the National Highways & Infrastructure Development Corporation Limited. It further directed the authorities to coordinate with all stakeholders to ensure implementation of its directions.

Case Title: In Re Phalodi Accident Vs National Highways Authority of India And Others

Bench: Justices J K Maheshwari and Atul S Chandurkar

Date of Judgment: April 13, 2026