Laws for Safe Driving on Road WHAT DOES THE LAW SAY? 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 Honble 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 MVA88. * 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) MVA88 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 MVA88. 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 drivers concentration) as an instance of dangerous driving chargeable under section 184 MVA88. The matter is further clarified by the clear direction of the Honble Punjab & Haryana High Court in the cwp no.7639/95- Nimit Kumar vs Chandigarh Administration and others & cwp no.
Posted on: Wed, 06 Nov 2013 09:00:03 +0000
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