After coming into force of the recent amendment to the Motor Vehicles Act, 1988 (MV Act), imposing hefty penalties for various offences under the provisions of MV Act much is said about it both ways. The surprising thing is that the police have become very active in inspecting the documents of the vehicle, cartoonists have become active in projecting the imposition of penalty in different lighter moments but the road users continue to be careless till they themselves are actually caught and made to cough up the fine. The police have become so active that the Commissioner of Police, Bangalore has already warned off heavy penalty if a vehicle is found parked right in front of the house of that vehicle owner. In this write up I would like to examine the social and legal aspects of the amendment.
It is true that the penalty being imposed is very much on the higher side. But, one should realise that it is not being collected as a source of revenue for the State but as a penal provision to deter road users from committing traffic violations. For example, if one were to drive a vehicle following all requirements prescribed under MV Act, even when his vehicle is intercepted the vehicle owner will come out clean and it is the police who will be disappointed. Thus, before we start a vehicle, is it not high time that a road user gives just one minutes attention to verify as to whether he is in possession of all the documents of the vehicle and then follows the traffic regulation to the core. There may be cases where one may go to the extreme proposition of saying that he cannot afford even that one minute. Fine, don’t worry there is a solution even for this. Our motorists especially the younger generation will not step out of the house at any time of the day without carrying their mobile. If that be so then just get your vehicle documents installed in your mobile under the app “DigiLocker”. It is a free app available in the google play store and the entries made in it is officially acceptable. Communication in this regard has been addressed by the Under Secretary to Government of India to the Director General of Police, Secretary, Department of Transport and Transport Commissioners of all the States vide communication dt: 19th November, 2018. Thus, forgot to carry the document will not be an acceptable reason.
The next main ground on which the penalty is being imposed is for not wearing helmet. thereby violating traffic Rules. As regards not wearing helmet, there are three types of offences normally committed by a raider. The first is not wearing a helmet even after having brought it, not wearing a helmet having not brought it and lastly, the pillion raider not wearing it.
According to me, only the last type requires an excuse. There may be cases where a friend or a relative may request for a drop en-route and the raider may not be having a spare helmet. The best option for him is just to wish the friend or relative and keep going. If the raider is very much interested in helping such persons then let him better carry a spare helmet.
As regards second type, the raider has to blame himself for forgetting to wear the helmet. I am sure in course of time the people may find innovative methods of overcoming their forgetful nature. Even the helmet manufacturers may bring some modifications in the design of the helmet by providing an option to keep the vehicle keys in the helmet whenever the vehicle is not in use.
According to me the first and second category should not be treated on par and those who do not wear helmet even after having brought it such as by holding the helmet in the hand or hanging it to the rear view mirror should be penalized more than what the second category of persons are fined. These are the persons who virtually throw a challenge to the statute and in the process commit further traffic violations such as closing the rear view mirror or obstructing free movement of their hands.
I am sure none will have any objection for imposing heavy penalty for those who drive a vehicle under the influence of alcohol. It is an offence against the society in as much as driving by such persons especially those driving a two-wheeler may land them in an accident many a times fatal and if the same were to happen it is his family that will be principally affected. A clever lawyer may get the offence transferred to the driver of the other vehicle and in such an event compensation paid is not by the driver of that other vehicle but by the insurer of that vehicle and in the process they are paying public money that is your and our money paid to the insurance company as premium which regularly gets jacked up as they have been called upon to satisfy more and more awards passed by claim tribunals.
Another head which attracts large number of cases of penalty is the use of mobile while driving. Why are we getting so much addicted to use of mobile? In fact, even in Namma Metro I have seen people talking their personal and business matters that too loudly thereby disturbing co-passengers. Where was these mobiles two decades back ? True, mobile is an advantage but its usage should be regulated. By using mobile while driving, the raider/driver gets distracted resulting in occurrence of an accident and it may affect him or other road users thereby once again burdening the insurance company with a claim petition for a hefty award.
Readers of this article may be worrying as to whether this write up is a police sponsored write up. Definitely not. I am against heavy penalties for two other types of offences.
The first is driving without wearing the seat belt. True, wearing a seat belt is requirement of law but in a city like Bangalore where the traffic moves at 4 kmph, as per a survey conducted, even if an accident were to occur the driver of that vehicle will not get injured let alone suffer a fatal injury. For driving on highways, driving with the seat belt is definitely good but the same is not so in city driving but still when the law has prescribed that we must wear the seat belt while driving, it is our duty to obey it as a law abiding citizen. However, failure to do so while driving within a city should not be visited with a heavy penalty.
Parking in “No Parking Area” is another head for increased penalty which I strongly oppose. It is especially so after the warning of the Commissioner of Police that parking even in front of residence will attract fine.
Sir, Police Commissioner, before you penalize any motorists for parking in no parking area, why can’t you first remove all parked vehicles in front of your police stations. If you plead lack of place for parking then how can you expect a resident to now provide parking in a house built a decade or earlier to it.
Legally too, declaring all places as no parking area is not permissible. Sec 117 of the MV Act, empowers the Government or Authority to determine places for parking either for specified period or indefinitely. But, such determination has to be done in consultation with the local Authority having jurisdiction in the area. That means the police cannot unilaterally just keep on erecting Traffic signs of no parking where all they wish to erect. Has the police consulted the BBMP officials at any point of time before erecting traffic signs. The provisions of various enactments also speak of coordination between Authorities in the matter of dealing with public grievances. As a matter of fact, the provisions of Town and Country Planning Act, 1961 was amended way back in 1985 providing scope for coordination amongst various local bodies. Less said the better of this provision for coordination. Recently, several roads in Jayanagar were re-asphalted and footpaths were dressed up. In fact the then MLA Late Sri.Vijayakumar had claimed that the said rods will be model road. However, now the very same roads are dug up. Whose money will they spend to redo on these roads to set right the damage caused to it. Are they not accountable ? It appears that they think they are not accountable since each of them feel that they are the master to themselves. Even Namma Metro is not free from this allegation of mine. They have constructed stations across the city supposed to be in a well planned manner but they have not provided parking lot even to their own staff. Could they not have constructed a basement as is done in Malls exclusively reserving them for parking ? Where were the police and the BBMP when the construction started by Namma Metro. Forget about the stations that have already come up, atleast can they not rectify this blunder in second phase of Namma Metro. If we say much on parking Namma Metro will be generous in providing Parking Lot but not on the place already acquired by them but by acquiring nearby parks and open spaces. I have seen people residing abutting Metro stations parked their vehicles outside their houses not out of necessity but to ensure that they will have easy ingress and aggress to their own house as otherwise by the time they return evenafter a small walk their gates would have been closed by two wheeler and four wheeler parking’s. If questioned prior to parking the vehicle owners will pose a legal question as to whether the road belongs to the particular resident. Thus, in the process it is Namma Metro users who park vehicles in front of others’ residences for a duration more than the residence themselves may park. However, our Commissioner of Police does not even speak of it. Solutions for parking can be found if there is proper application of mind. There are several vacant sites in different parts of residential localities and they have been vacant notwithstanding the fact that the original allotments are made by the BDA with a raider that construction should come up within three years. That apart, BDA itself puts into auction stray and corner sites. Why can’t these sites be acquired/marked for providing parking at least for two wheelers. If Maharaja Parking lot can come up in the busy Majestic area or the JC road parking can come up near the now non-existing Bharath and Minerva junction I don’t think that there will be any difficulty in establishing parking lot in residential areas. Further, the BBMP should insist on multistoried parking atleast in future commercial ventures including hospitals and also think of providing lift enabled parking lot as is provided in Sagar Apollo Hospital at Kumaraswamy layout. If our Local Authorities and the Police do not insist on such welfare schemes then a day may come in Bangalore even to stop a vehicle just to enable a passenger to alight may be difficult. Thus, when the blame is on the local Authorities in providing proper area for parking in every extension and road, imposing heavy penalty is definitely not a welcome move.
Thus, the people should cooperate with the police in enforcing the provisions of the notifications but at the same time instead of just becoming collection agents, the police too have a duty to ensure that the public are not harassed.
It is true that the penalty being imposed is very much on the higher side. But, one should realise that it is not being collected as a source of revenue for the State but as a penal provision to deter road users from committing traffic violations. For example, if one were to drive a vehicle following all requirements prescribed under MV Act, even when his vehicle is intercepted the vehicle owner will come out clean and it is the police who will be disappointed. Thus, before we start a vehicle, is it not high time that a road user gives just one minutes attention to verify as to whether he is in possession of all the documents of the vehicle and then follows the traffic regulation to the core. There may be cases where one may go to the extreme proposition of saying that he cannot afford even that one minute. Fine, don’t worry there is a solution even for this. Our motorists especially the younger generation will not step out of the house at any time of the day without carrying their mobile. If that be so then just get your vehicle documents installed in your mobile under the app “DigiLocker”. It is a free app available in the google play store and the entries made in it is officially acceptable. Communication in this regard has been addressed by the Under Secretary to Government of India to the Director General of Police, Secretary, Department of Transport and Transport Commissioners of all the States vide communication dt: 19th November, 2018. Thus, forgot to carry the document will not be an acceptable reason.
The next main ground on which the penalty is being imposed is for not wearing helmet. thereby violating traffic Rules. As regards not wearing helmet, there are three types of offences normally committed by a raider. The first is not wearing a helmet even after having brought it, not wearing a helmet having not brought it and lastly, the pillion raider not wearing it.
According to me, only the last type requires an excuse. There may be cases where a friend or a relative may request for a drop en-route and the raider may not be having a spare helmet. The best option for him is just to wish the friend or relative and keep going. If the raider is very much interested in helping such persons then let him better carry a spare helmet.
As regards second type, the raider has to blame himself for forgetting to wear the helmet. I am sure in course of time the people may find innovative methods of overcoming their forgetful nature. Even the helmet manufacturers may bring some modifications in the design of the helmet by providing an option to keep the vehicle keys in the helmet whenever the vehicle is not in use.
According to me the first and second category should not be treated on par and those who do not wear helmet even after having brought it such as by holding the helmet in the hand or hanging it to the rear view mirror should be penalized more than what the second category of persons are fined. These are the persons who virtually throw a challenge to the statute and in the process commit further traffic violations such as closing the rear view mirror or obstructing free movement of their hands.
I am sure none will have any objection for imposing heavy penalty for those who drive a vehicle under the influence of alcohol. It is an offence against the society in as much as driving by such persons especially those driving a two-wheeler may land them in an accident many a times fatal and if the same were to happen it is his family that will be principally affected. A clever lawyer may get the offence transferred to the driver of the other vehicle and in such an event compensation paid is not by the driver of that other vehicle but by the insurer of that vehicle and in the process they are paying public money that is your and our money paid to the insurance company as premium which regularly gets jacked up as they have been called upon to satisfy more and more awards passed by claim tribunals.
Another head which attracts large number of cases of penalty is the use of mobile while driving. Why are we getting so much addicted to use of mobile? In fact, even in Namma Metro I have seen people talking their personal and business matters that too loudly thereby disturbing co-passengers. Where was these mobiles two decades back ? True, mobile is an advantage but its usage should be regulated. By using mobile while driving, the raider/driver gets distracted resulting in occurrence of an accident and it may affect him or other road users thereby once again burdening the insurance company with a claim petition for a hefty award.
Readers of this article may be worrying as to whether this write up is a police sponsored write up. Definitely not. I am against heavy penalties for two other types of offences.
The first is driving without wearing the seat belt. True, wearing a seat belt is requirement of law but in a city like Bangalore where the traffic moves at 4 kmph, as per a survey conducted, even if an accident were to occur the driver of that vehicle will not get injured let alone suffer a fatal injury. For driving on highways, driving with the seat belt is definitely good but the same is not so in city driving but still when the law has prescribed that we must wear the seat belt while driving, it is our duty to obey it as a law abiding citizen. However, failure to do so while driving within a city should not be visited with a heavy penalty.
Parking in “No Parking Area” is another head for increased penalty which I strongly oppose. It is especially so after the warning of the Commissioner of Police that parking even in front of residence will attract fine.
Sir, Police Commissioner, before you penalize any motorists for parking in no parking area, why can’t you first remove all parked vehicles in front of your police stations. If you plead lack of place for parking then how can you expect a resident to now provide parking in a house built a decade or earlier to it.
Legally too, declaring all places as no parking area is not permissible. Sec 117 of the MV Act, empowers the Government or Authority to determine places for parking either for specified period or indefinitely. But, such determination has to be done in consultation with the local Authority having jurisdiction in the area. That means the police cannot unilaterally just keep on erecting Traffic signs of no parking where all they wish to erect. Has the police consulted the BBMP officials at any point of time before erecting traffic signs. The provisions of various enactments also speak of coordination between Authorities in the matter of dealing with public grievances. As a matter of fact, the provisions of Town and Country Planning Act, 1961 was amended way back in 1985 providing scope for coordination amongst various local bodies. Less said the better of this provision for coordination. Recently, several roads in Jayanagar were re-asphalted and footpaths were dressed up. In fact the then MLA Late Sri.Vijayakumar had claimed that the said rods will be model road. However, now the very same roads are dug up. Whose money will they spend to redo on these roads to set right the damage caused to it. Are they not accountable ? It appears that they think they are not accountable since each of them feel that they are the master to themselves. Even Namma Metro is not free from this allegation of mine. They have constructed stations across the city supposed to be in a well planned manner but they have not provided parking lot even to their own staff. Could they not have constructed a basement as is done in Malls exclusively reserving them for parking ? Where were the police and the BBMP when the construction started by Namma Metro. Forget about the stations that have already come up, atleast can they not rectify this blunder in second phase of Namma Metro. If we say much on parking Namma Metro will be generous in providing Parking Lot but not on the place already acquired by them but by acquiring nearby parks and open spaces. I have seen people residing abutting Metro stations parked their vehicles outside their houses not out of necessity but to ensure that they will have easy ingress and aggress to their own house as otherwise by the time they return evenafter a small walk their gates would have been closed by two wheeler and four wheeler parking’s. If questioned prior to parking the vehicle owners will pose a legal question as to whether the road belongs to the particular resident. Thus, in the process it is Namma Metro users who park vehicles in front of others’ residences for a duration more than the residence themselves may park. However, our Commissioner of Police does not even speak of it. Solutions for parking can be found if there is proper application of mind. There are several vacant sites in different parts of residential localities and they have been vacant notwithstanding the fact that the original allotments are made by the BDA with a raider that construction should come up within three years. That apart, BDA itself puts into auction stray and corner sites. Why can’t these sites be acquired/marked for providing parking at least for two wheelers. If Maharaja Parking lot can come up in the busy Majestic area or the JC road parking can come up near the now non-existing Bharath and Minerva junction I don’t think that there will be any difficulty in establishing parking lot in residential areas. Further, the BBMP should insist on multistoried parking atleast in future commercial ventures including hospitals and also think of providing lift enabled parking lot as is provided in Sagar Apollo Hospital at Kumaraswamy layout. If our Local Authorities and the Police do not insist on such welfare schemes then a day may come in Bangalore even to stop a vehicle just to enable a passenger to alight may be difficult. Thus, when the blame is on the local Authorities in providing proper area for parking in every extension and road, imposing heavy penalty is definitely not a welcome move.
Thus, the people should cooperate with the police in enforcing the provisions of the notifications but at the same time instead of just becoming collection agents, the police too have a duty to ensure that the public are not harassed.
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