Cancel Licences Of Drivers Using Cell Phones; Helmets With ISI Mark Compulsory: Uttarakhand HC [Read Order]

In a slew of directions issued to ensure road safety, the Uttarakhand High Court on Monday directed the State to issue directions authorising cancellation of licences of drivers found using cellphones while driving.

The Bench comprising Justice Rajiv Sharma and Justice Lok Pal Singh was hearing a petition filed by one Avidit Noliyal, seeking directions to the State authorities to strictly implement Sections 128 (safety measures for drivers and pillion riders) and 129 (wearing of protective headgear) of the Motor Vehicles Act, 1988 and the Rules framed thereunder.

Responding to the petition, the State had submitted details of the challans issued under Section 129. While the Court appreciated the steps taken by the State, it took notice of the fact that 50 percent of people driving two-wheelers were not using protective gears, and were therefore exposing themselves to injuries. It then disposed of the petition with the following directions:

(i) The State Government is directed to enforce strictly the provisions of Section 129 of the Act.

Helmet with ISI mark compulsory

(ii) No motor motorcyclists/ Scooterists shall be permitted to ply the motorcycle/scooter without wearing helmet of I.S.I mark. The Senior Superintendent of Police, C.O.’s and Kotwals shall be personally responsible to implement this order.

(iii) It shall be open to all the citizens throughout the State Government to point out the non-compliance of this Court’s orders through the Registrar General of this Court.

Ban on carrying iron sheets, pipes and rods

(iv) The State Government is directed to make Rules prohibiting the carrying of the iron sheets, iron rods, girdles, steel pipes and plastic pipes beyond the structural length/body of the vehicles. Till the Rules are made there shall be the ban of carrying iron sheets, iron rods, girdles, steel pipes and plastic pipes beyond the structural length/body of the transport vehicles throughout the State of Uttarakhand.

(v) These directions shall apply from the source to all the transporters. It shall be the responsibility of the factory owners and shopkeepers to ensure the due compliance of this order forthwith.

Cancellation of licence of those using cell phones while driving

(vi) The State Government is directed to issue necessary instructions to cancel  the licenses of those persons, who are found using cell phones while driving. Till the State Government comes out with the necessary amendment/notification, fine of Rs. 5000/- shall be charged from every violator using the cellphone while driving.

No driving licence for minors

(vii) The State Government is also directed to ensure that no minors are issued any driving licenses and they are not permitted to drive the vehicles. The Principals/Head of the Institution of all the Educational Institutions shall make the students aware of these directions issued hereinabove and cooperate for due implementation of these directions in larger public interest.