Beware! ‘If anyone is using phone while driving, they stand to lose their Driving License’

Thought for the day

 Happiness is a journey; not a destination. Whoever is happy will make others happy too. Wish you a great FY 2014 ahead

Vitamin K and Plus Point

Combo

 Laws of India | Act # 03 |

The Central Motor Vehicles Act, 1988

This law is relating to motor vehicles. Some of the important provisions of this law are issue of driving license, standards for the components and parts of motor vehicles, standards for anti-pollution control devices, issue of fitness certificate, etc. If we call it as an Act, it will obviously have many sections, provisions and rules. I am not intending to write about this law here. I am talking about ‘cancelling driving license’

During last week, The Additional Commissioner of Police (traffic), Bangalore mentioned that ‘If anyone is using phone (talking including use of hands free devices such as Bluetooth and earphones) while driving, they stand to lose their Driving License’  

Let me again come back to the law. The Central Motor Vehicles Rules, 1989 (rules for the above act of 1988), Rule No. 21 deals about the powers of licensing authority to disqualify the drivers. The Rule 21(25) states that “using mobile phone while driving a vehicle shall constitute nuisance or danger to the public” [Inserted in 2001].This is the very section under which the police issued the above warning to the general public.

Thank God, finally the Government, Our Government in 2014 has started the strict interpretation of the law of 1989!
According to me this is a very good move. This is an occasion for me to mention the type of violations which I have noticed on road –

  •  Motorists holding cellphones on their left neck with the help of left shoulder, talking while driving. (Baba Ramdev: This is called Cellfoneasana, did you know this?)
  • Motorists inserting the phone between their helmet and their left ear, talking while driving. (I appreciate multi-tasking, but not to this extent)
  • motorists searching the right phone number, by scrolling the numbers, while driving (than talking, of course)
  • Motorists using ear phones, talking while driving. (I don’t believe that these people have such an important task to accomplish)
  • The Pillion raider holding the phone to the left ear of the motorist.
  • Putting the phone on loudspeaker, holding the handset on the left hand and holding the steering wheel right hand, while driving the Car/Jeep

 

Hitherto, if such people were caught, they were supposed to pay a penalty of Rs.100, but come April 1st, 2014 if such persons are caught by the police, the driver will lose his license.

Will he really lose license or any other options available?

Maybe available, for example –

  • Police may collect an “Instant” fine of Rs.500/- and let you goooooooooooooooo
  • Cancelling license may open up new business avenue at RTO office through agents. This business can be called at ‘Reinstatement of Driving License” The agents will collect Rs.5000/- to reinstate driving license (don’t ask me how)
  • Assume that the license is cancelled; the people will still continue to drive. What is the penalty for not carrying the driving license while driving?  For first offence Rs.100/-; subsequent offence, Rs.300/-

But trust me; these violators will continue to talk while driving.

Last Words: It’s not Modi or Kejriwal who can correct this system. It is the people of this country who have to follow the laws of land.

First of all, why this rule is imposed?  To safeguard either the driver or other commuters from the accidents, isn’t it?

I hope none of us are violating this rule. I suggest you recommend your friends or peers not to violate this rule. Please make them understand that the police may cancel only driving license, but if something goes wrong, ‘Uparwala’ (fate/God) can cancel all the licenses

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About B E Kumar Prasad

B E Kumar Prasad
He is a Practicing Chartered Accountant in Bengaluru, India. He has 28+ years of experience in income tax, business setup, and NRI matters. He is also an Insolvency Professional, Registered Valuer (F&SA) and Social Auditor.Prasad welcomes your comments and questions. Please email him at simplifiedlaws20@gmail.com

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