Use Of Bluetooth Devices To Talk On Mobile Phones While Driving: Kerala High Court Seeks Response From Govt.

The Kerala High Court has sought response of the State Government in a plea seeking clarification on the move by the Police department to penalize the use of Bluetooth/hands-free devices to talk on mobile phones while driving.

Jiyas Jamal, a lawyer, filed a writ petition before the High Court seeking direction to the Government to give a clarification in this regard.

In his petition, he stated that the police are making statements to the effect that they will take action (including suspension of driving licence) if the driver speaks with a Bluetooth device while driving. The police department is giving wrong information to the public by releasing misleading misleading communication through print and digital media, he stated. He further pointed out that vehicles with in-built Bluetooth/handsfree facilities are registered under the RTO department.

"Now the government officials and the Director-General of Police without having any specific circular or order, supersede the present penal provisions, circulating a news that using Bluetooth/hands-free while driving may cause diversion of attention of the driver and he might have either partly or fully immersed in the conversation, which will affect his care and attention required as a driver and thus the person who is using the Bluetooth/ handsfree is liable for fine and for further penalties.", he submitted.

The petition came up for admission before Justice Sunil Thomas. The court directed the Government Pleader to get instructions in this matter. The court will consider the petition on  2nd September 2021.

Know The Law

Section 184 of the Motor Vehicles Act, after its amendment in 2019 penalizes dangerous driving. It reads as follows:

Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,] having regard to all the circumstances of the case including the nature, condition, and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine [of ten thousand rupees], or with both.

The Explanation to this section provides that - (a) jumping a red light; (b) violating a stop sign; (c) use of handheld communications devices while driving; (d) passing or overtaking other vehicles in a manner contrary to law; (e) driving against the authorised flow of traffic; or (f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.

In Santhosh MJ vs. State of Kerala, the Kerala High Court had held that, in the absence of a statutory provision to hold that use of mobile phone while driving or riding a vehicle would amount to a dangerous act or it affects public safety, it is not possible to invoke Section 118 (e) of the Kerala Police Act (KP Act). However, the basis of the judgment is removed by a subsequent amendment of the MV Act, which has specifically incorporated a provision that the use of handheld communication devices shall amount to driving in such a manner that is dangerous to the public.

The legal issue now is whether the use of talking on mobile phones while driving using Bluetooth devices attracts this offence Section 184 of the Motor Vehicles Act?

Jiyas Jamal Vs State of Kerala