The Motor Vehicles Act is a legislation of the Parliament of India which lays down rules vis-a-vis all aspects of road transport vehicles and traffic laws. The Motor Vehicles Act, 1988 came into force from 1 July 1989 and was thoroughly amended by The Motor Vehicles Amendment Act ,2019 after the interlude of about 30 odd years in order to expunge the obsoleteness of the old Act...
The Motor Vehicles Act is a legislation of the Parliament of India which lays down rules vis-a-vis all aspects of road transport vehicles and traffic laws. The Motor Vehicles Act, 1988 came into force from 1 July 1989 and was thoroughly amended by The Motor Vehicles Amendment Act ,2019 after the interlude of about 30 odd years in order to expunge the obsoleteness of the old Act .
Laws related to motor vehicle act of crucial importance in our daily lives .A responsible citizen should have sound knowledge about traffic rules. Owing to prolixity of the Motor Vehicles Act common masses usually can't read the Act in entirety and this it has resulted into some myths and misconceptions about the traffic rules. These misconceptions cost them heavy penalties and sometimes become reason for mishaps.
In the paragraphs that will follow I am going to bust some of the most common myths regarding traffic rules In India:
1)Using Hand-Free Device To Attend Phone Calls:
There is a common misconception that using hand-free devices like Bluetooth headset, Steering Wheel Bluetooth Hands-Free Car Kit etc. to attend calls while driving is legal. Many drivers when caught avouched the ignorance of its illegality. However, receiving calls either by hand-held or hand-free devices, is an offence and can amount to heavy penalties
Section 184 of the Motor Vehicles Act, 1988, though doesn't make the special mention of hand-free devices, but says driving in any manner that is dangerous to the public, is punishable with a fine which may extend to Rs 1,000, or an imprisonment of six months. For second-time offenders, the maximum fine charged is Rs 3,000 and a term extending up to 2 years.
When digging into the underlying motive of the section, it turns out that it is to stop the distraction. Since using hand-free devices while driving distracts , as studies suggest , we can say "any manner that is dangerous to public" includes using hand-free while driving.
Every year thousands are lives are costed because of distracted driving. India has tops the list of highest number of road accidents in the world. Thus, this law is a must.
2)Following Traffic Lights At Night Is Not Mandatory:
In 2019 , during night time trucks travelling from the College Street blatantly jumped the red light at the College Street-Mahatma Gandhi Road , Kolkata, cumbering trucks that had the green signal caught the wide attention of media. Ask such violators are asked why they jumped the red light at night and, they would oftentimes express unawareness about the law.
It is an ubiquitous misconceptions that following Traffic lights at night post 10 PM is not mandatory. Most of people don't stop at intercessions at night. However, traffic lights are not diurnal only. They are to be followed in night as much as in day time.
Under the Motor Vehicles Amendment Act, 2019 Jumping red light, disregard of day or night, violators have to pay ₹1,000 .
3) It Is Legal To Reverse A Vehicle On A One-Way Road:
Many people are under the impression that reversing on one-way road permissible. Driving in the reverse direction a one-way road is totally illegal. So call a halt to this misconstruction.
4) It Is Permissible To Drive Or With Your Headlights At High Beam All The Time:
An oncoming vehicle with headlights at high beam and the driver doesn't flick to low beam _ how hard it is to see the things properly _all chuffers and drivers would have come up against it.
Many people have this misapprehension that it is their prerogative to put the blinding headlights at high beam all the time . However, Traffic laws necessitate it to switch ones headlight to low beam when there is a oncoming vehicle or you are driving or riding behind another vehicle, in order to lend them better visibility at night.
If one use high beam in situations where not need one is liable for a ticket of INR 500, according to the section 112 and 177 of Motor Vehicles Amendment Act, 2019. There can be a subsequent fine (up to INR 1500) also.
5)It Is Not Allowed To Overtake On The Left:
Normally it is illegal to overtake on the right. However, there is one case in which it is absolutely legal to overtake on the left. Assume you have a vehicle in front of you ,the driver has to take right turn on the right blinker, in such a case you are allowed to overtake on the left. But the condition is there should be ample space from left side to do so.
6) No 'No Parking' Board Means You Are Allowed To Park:
There is a another misconception that as long as there is no 'no parking' board put up at a particular place one is allowed to park his/her vehicle there. But one should always remember, Irrespective there is 'no parking' board or not , one is not allowed to park in front of hospital or school entrance, bus stops, main roads, near traffic signals, or zebra, private properties without the owner's consent, or on footpaths or far away from the footpaths.
If you happen to park your vehicle at the aforementioned places you will have to pay the penalty and sometimes your vehicle may also be towed. parking fines vary in different Indian cities. Metropolitan cities such as Mumbai, Bangalore, and Delhi NCR charges the heftiest fines.
In Bangalore, parking fines Start from INR 1000. Similarly, In Mumbai city, parking-related penalties range between INR 5000 and INR 8300 for two-wheelers, 11,000 to 17,600 for medium vehicles, 10,000 to 15,100 for light motors, and 8000 to 12,200 for three-wheelers.
The author is a law student at Kashmir University and views are personal.