India has the second largest road networks in the world and accounts for 10% of worldwide road fatalities. Laws regulating the traffic on the road are provided under the Motor Vehicles Act, 1988 is an Act passed by the Parliament of India which came into force from July 1, 1989 and is applicable to the whole of India however lapses in traffic laws regulations, violations and accidents are glaring reality. India has had such enactment in place since the year 1914 but the menace of driving is still on and victims look upon the suitability of laws to curb such menace. Various important judgments are there reflecting upon concerns on road safety issues some of the important ones are discussed herein. Road accidents, traffic jams, road rage, under-age driving, driving under the influence of alcohol are some of the prime issues which essentially makes it important to reflect upon the current situations. Driving sensibly is a responsibility-legal, social and moral, however rarely seen. Omission of this duty can bring the irresponsible driver, owner of the vehicle, insurer and others not only in a legal battle but huge pain and sufferings for the victim and his family members suffering for life. The article focuses on legal situations and how the precedents have evolved in this matter.
Here is a list of 5 such important traffic laws you should know:
1. Under the Motor Vehicle Act 1988, section -185 202 at the time of driving if your 100ml blood contains more than 30mg of alcohol then the police can arrest you without a warrant. You may have to imprisonment up to 6 months and/or fine up to Rs. 10000 for first offence and imprisonment up to 2 years and/or fine of Rs. 15000 for the second offence.
2. As per Section 129 of the Indian Motor Vehicle Act, wearing the helmet is a must for two-wheeler riders. Section 128 of this Motor Vehicle Act limits the maximum two riders on the bikes. This law also says that if the traffic police officer snatches the key from the car or motorcycle, it is illegal. You have the full right to launch a Legal proceeding against the officer.
3. Punishment for racing and speeding is imprisonment for up to 1 month and/or fine up to Rs. 500 for the first offence and imprisonment up to 1month and/or fine up to Rs. 10000 for the second offence.
4. If you have a driving uninsured vehicle then you will be punished with a fine of Rs. 2000 and/or imprisonment up to 3 months for the first offence and fine of Rs. 4000 and/or imprisonment up to 3 months for the second offence.
5. The penalty in case of driving despite being disqualified will cost you Rs 10,000 from Rs 500 previously.
Case Laws:
1. S.Rajseekharan’s Case: In S. Rajseekharan vs. Union of India in this matter the Petitioner being Head of the Department and leading Orthopedics Surgeon filed the aforesaid petition seeking court’s intervention in light of increasing road accidents seeking:
Directions for enactment of appropriate legislative measures
More affirmative administrative actions
Upliftment of existing infrastructure and facilities for post accident care and management.
In view of the paucity of time, the Hon’ble Court constituted a committee to undertake the process of monitoring on behalf of the court consisting of Hon’ble Justice K.S. Radhakrishnan (Judge Supreme Court); Mr. S. Sunder (Distinguished Fellow TERI); Dr. S. Nishi Mittal (Ex. Chief Scientist, CRRI). The matter was posted for hearing six months later.
2. Justice Radhakrishnan’s Report: The report proposed stern action against the violators of the law under section 19 of the Motor Vehicle’s Act, 1988 which provide power to licensing authority to disqualify from holding a driving license or revoke such license by passing an order disqualifying the holder of driving license for a specified period and seeking imprisonment wherever it is provided under law for:
•Driving at speed limit excellent limit
•Jumping red light
•Driving vehicles under drink and drugs
•Use of mobile phones
Helmet laws be made applicable in all UTs in India including for pillion riders failing which they would be required to undergo two hours counseling sessions.
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