CELL-PHONES & DRIVING| |
WHAT DOES THE LAW SAY?| |
RULE 193A CHANDIGARH MOTOR VEHICLE RULES 1999| |
Use of cell-phones
No driver of a motor-vehicle shall use or answer the cell phone while driving the vehicle. Rules 21(6)(25) of the central motor vehicles rules 1989 when read with the directions of the Hon'ble Punjab & Haryana High Court on the matter, make it amply clear that the said act can be charged under both s.177 (for violation of rule 193a) as well as s.184 (for dangerous driving) of MVA'88. * Rule 21(6) of the central motor vehicles rules 1989 states that if the 'driver, while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration he would be guilty of the commission of an act that 'shall constitute nuisance or danger to the public'. * Rule 21(25) of the central motor vehicles rules 1989 states that the act of 'using mobile phone while driving a vehicle' shall constitute nuisance or danger to the public. Note: Rules 21(6)(25) of the central motor vehicles rules 1989 have been laid down with reference to s.19 (1)(f) MVA'88 that defines the circumstances under which the licensing authority may invoke the powers to disqualify the holder of a driving licence from holding the driving licence or to revoke such licence. Yet, the said rule provides a valuable guideline for determining as to what kind of driving would constitute dangerous driving under s.184 MVA'88. It may be considered reasonable, therefore, to treat the act of using a mobile phone while driving (an activity that may safely be assumed to cause a disturbance to the driver's concentration) as an instance of dangerous driving chargeable under section 184 MVA'88. The matter is further clarified by the clear direction of the Hon'ble Punjab & Haryana High Court in the cwp no.7639/95- Nimit Kumar vs Chandigarh Administration and others & cwp no.10591 of 1999 that reads as follows: 'no person while driving a vehicle of any kind including two-wheelers shall use cellular phone…' any person found violating this direction, shall be liable to be proceeded against in accordance with Law under the contempt of Courts act as well as for violation of traffic regulations. | | |
LAW ON ALCOHOL/DRUG IMPAIRED DRIVING| |
What is the Law? In India, any person having in his blood, alcohol exceeding 30 mg per 100 ml. of blood as detected in a test by a Breath Analyzer, or being under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, is liable to be charged for impaired driving under Section 185 MVA'88. The punishment for the same can extend upto 2 years imprisonment and/or fine up to Rs. 3000/-. More significantly the court convicting a person for the offence of alcohol/drug impaired driving shall disqualify him from driving for a period of at least 6 months. The court shall cancel his driving license in case he is again convicted for the same offence. The Licensing Authority may also likewise suspend/revoke his driving license. The drugs that are deemed to render a person incapable of exercising proper control over a motor vehicle as specified by the Central Government include - Central Nervous System Depressants (Cocaine & Cannabis), Hypnotic Sedatives, Narcotic Analgesics (Morphine etc.), Psychotropic drugs (LSD), Stimulants & Tranquilizers (Diazepam etc.). Who can ask you to take a Breath Test? A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of driving under the influence of alcohol/drug. In case the motor vehicle being driven by such a person is involved in an accident in a public place...