The government is preparing to introduce sweeping new traffic legislation that proposes fines ranging from Rs500 to as high as Rs100,000 for a wide range of traffic violations committed by both pedestrians and motorists.

The Ministry of Infrastructure Development has prepared the draft bill and forwarded it to the Ministry of Law, Justice and Parliamentary Affairs for consultation. While officials say the proposal aims to strengthen road discipline and reduce accidents, it has already triggered strong criticism from transport experts, former officials and lawmakers, who argue that enforcement-heavy policies without parallel improvements in infrastructure and governance are unlikely to succeed.

Under the proposed framework, pedestrians crossing roads outside designated zebra crossings or pedestrian zones would be fined Rs500. At the other end of the scale, motorists using tinted windows or making modifications that obscure visibility into the vehicle interior would face a penalty of Rs100,000.

Krishna Raj Pantha, chief of the Infrastructure Construction and Transport Division under the Ministry of Infrastructure Development, confirmed that the draft is intended to replace existing traffic laws entirely and create a more structured penalty regime.

“Once the law ministry clears the draft, we will forward it to the Office of the Prime Minister and Council of Ministers for review by the legislation committee,” Pantha said. “After Cabinet approval, it will go to Parliament and the relevant parliamentary committees. However, there is no guarantee that every provision will remain unchanged. Parliament will make the final decision.”

The draft also proposes strict penalties for driving under the influence of alcohol or narcotics. Under the provisions, two- and three-wheeler drivers caught under the influence would be fined Rs25,000, drivers of light vehicles Rs35,000, and drivers of medium and heavy vehicles Rs50,000.

In addition, the draft empowers transport inspectors or on-duty traffic officials of at least assistant sub-inspector (ASI) rank to impose fines on the spot, a move aimed at speeding up enforcement and reducing procedural delays.

Speed regulation is another major component of the proposed law. Exceeding speed limits would attract fines of Rs25,000 for two- and three-wheelers, Rs35,000 for light vehicles, and Rs50,000 for medium and heavy vehicles.

The bill introduces a tiered penalty system for speeding. A tolerance of up to five percent above the speed limit would not be penalised. Exceeding the limit by up to 20 percent would result in a 20 percent penalty of the applicable fine, 20 to 40 percent excess would attract a 40 percent penalty, 40 to 60 percent would lead to a 60 percent penalty, and exceeding the limit by more than 60 percent would trigger the maximum fine.

Driving significantly below the designated safe speed limit is also included in the draft. Such violations would attract fines between Rs3,000 and Rs5,000, reflecting concerns that both speeding and dangerously slow driving contribute to road hazards.

Former secretary Devendra Karki criticised the proposed penalties as disconnected from Nepal’s road and economic realities.

“Before penalising citizens, our road infrastructure must be in proper condition. We need safe, pothole-free roads first,” Karki said. “Most provisions in this draft are unacceptable. Except for drink-driving and penalties on overloaded cargo vehicles, the rest do not make practical sense.”

The draft law also introduces strict provisions for public transport operators. Vehicles operating on long, medium and short-haul routes that exceed their designated seating capacity would face fines of Rs20,000, Rs10,000 and Rs5,000, respectively.

Similarly, public transport vehicles found operating without a visible fare chart or charging passengers above approved rates would be fined between Rs2,000 and Rs10,000, depending on vehicle category. Operators would also be required to refund excess fares collected from passengers.

Violations such as not wearing seatbelts or riding motorcycles without helmets would attract a fine of Rs3,000.

These provisions have drawn attention from both safety advocates and critics of the regulatory approach, particularly in relation to enforcement capacity and fairness.

Road safety expert Bhagawati Sedhai pointed out that Nepal already faces severe road safety challenges due to infrastructure gaps and weak enforcement mechanisms.

“According to World Health Organisation data, Nepal records 28 road fatalities per 100,000 population annually, which is among the highest rates globally,” Sedhai said. “Penalising citizens heavily without improving infrastructure, signage and monitoring systems is unbalanced and could be counterproductive.”

She said enforcement reforms could still play a role in reducing accidents but stressed that they must be accompanied by public awareness campaigns, better road engineering and consistent traffic management systems.

“If citizens follow rules, they will not be fined. But the state must ensure that roads are safe, properly marked and consistently monitored,” she said. “Stricter rules must go hand in hand with safer roads.”

Former Deputy Inspector General Keshav Adhikari also questioned the practicality of imposing such high fines in the absence of systemic readiness.

“Fines are meant for systems that already function effectively,” Adhikari said. “But here, traffic signs are missing or unclear, infrastructure is poor, and public awareness is low. In such a situation, imposing very high fines is unjustified.”

He added that while traffic penalties in developed countries are often higher, they operate within well-established systems that ensure fairness and accountability.

“In those countries, citizens see returns in terms of infrastructure and public services,” he said. “Here, we must consider income levels. A Rs50,000 or Rs100,000 fine is beyond the reach of ordinary citizens and may create panic rather than discipline.”

Adhikari, however, acknowledged that the proposed ban on tinted windows could be justified, arguing that such modifications are often associated with misuse of authority or security concerns.

Former director general of the Department of Transport Management Chandra Man Shrestha, also criticised the draft, saying penalties must be realistic and aligned with income levels and enforcement capacity.

“A Rs5,000 fine for drink-driving and Rs2,000 for lane violations would already be sufficient to ensure discipline,” Shrestha said. “Excessive fines will not improve road behaviour. Instead, they may lead to resistance and avoidance.”

He added that Nepal’s current economic conditions must be considered carefully.

“Many people earn between Rs25,000 and Rs30,000 per month. A Rs50,000 fine would be devastating. Laws must be liveable, not punitive to the point of being unrealistic,” he said.

Shrestha further expressed doubt that Parliament would pass the draft without major revisions, given its severity and potential public impact.

In Parliament, lawmaker Gyan Bahadur Shahi also raised strong objections to the proposal, arguing that accountability should not fall solely on citizens while state institutions remain unpunished for negligence.

“If citizens are fined up to Rs100,000 for violations, should the state also be fined for potholes left unattended for 24 hours?” Shahi asked. “Should traffic lights that are not functioning result in penalties for authorities? Should delays in issuing driving licences also carry fines for responsible offices?”

He further suggested that serious accidents caused by poor infrastructure should be treated as institutional negligence, calling for legal accountability for government agencies and contractors responsible for road safety failures.

Shahi urged Law Minister Sobita Gautam to ensure that any new legislation balances citizen responsibility with state accountability.

“Laws must apply equally to both the state and the people,” he said. “Otherwise, they risk becoming tools that punish citizens while ignoring institutional failure.”

The draft bill continues to be reviewed at the ministerial level and is expected to undergo further revisions before being presented to the Cabinet and Parliament. However, the strong public and expert reaction has already placed significant pressure on policymakers to reconsider both the scale of penalties and the broader approach to road safety reform.