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Remove Designations Like Police, HC, Journalist, Army Etc From Private Vehicles Within 72 Hours: Uttarakhand HC
Coming straight to the crux of the matter, in a landmark judgment with far reaching consequences, the Uttarakhand High Court in Arun Kumar v State of Uttarakhand and other [Writ Petition (M/S) No. 2112 of 2011] dated July 6, 2018 issued a slew of landmark directions to ensure that road safety is enhanced to the best possible extent. Among other things, Justice Rajiv Sharma of Uttarakhand High Court who authored this landmark judgment granted 72 hours for the removal of words such as Police, High Court, Journalist, Army etc from private vehicles. All those who use such words are now mandated to remove such words in the next 72 hours and if they fail to do so they would face the music of law!
To be sure, this landmark judgment of Uttarakhand High Court explicitly directed that, “The display of designation/description of office and unauthorised emblems on government/private vehicles is banned. Writing of words like High Court, Army, Police, Journalists on private vehicles is also prohibited forthwith. This direction be implemented within 72 hours. This direction shall also cover the Executive Officers including Judicial Officers.” It must be unconditionally complied with by one and all. This is the crying need of the hour also!
It must be informed here that during the hearing of a petition filed by one Mr Arun Kumar, the Uttarakhand High Court discussed this entire matter with Mr D. Senthil Pandiyan who is Secretary (Transport) to the State of Uttarakhand about the measures that can be taken to minimize motor vehicle accidents in the state. In para 3 of this landmark judgment, it is pointed out that, “The Court has a long interactive session with Mr Pandiyan. To minimise the accident in the State of Uttarakhand, he has brought to the notice of the Court that there are about 1000 vulnerable spots prone to accidents. He also submits that poor road conditions/overloading, over-speeding, drunken driving, defective buses are also the contributory factors leading to accidents.” There can be no denying it!
Going forward, para 4 points out that roads are maintained by the Public Works Department. It underscores that a multidisciplinary approach is required to be evolved to tackle a very serious issue and the foremost is to have a road safety audit. It also rightly brings out that the road safety is carried out as per the guidelines issued by the Ministry of Road, Transport and Highways.
Furthermore, para 5 of this landmark judgment states that, “It is brought to the notice of this Court by the Secretary (Transport) that there are 21 Enforcement Teams checking the violation of the provisions of the Motor Vehicles Act, 1989 (hereinafter to be referred as ‘the Act’) and the Rules framed thereunder and the ancillary enactments. This number is inadequate. There should be at least 100 enforcement teams to undertake the enforcement and implementation of the Motor Vehicles Act and the Rules, framed thereunder, and ancillary laws.”
Simply put, para 6 further reveals that, “It is also brought to the notice of the Court that the Transport Department is not invoking the provisions of Sections 185, 192-A and 194 of the Motor Vehicles Act, 1988 against the violators of law.” Para 8 goes on to disclose that, “Mr Navnish Negi, Advocate, submitted at the Bar that during the Char Dham Yatras, majority of transport buses are diverted, more particularly, in District Pauri Garhwal, very few buses are available for general commuters which leads to overloading.” Para 9 notes with concern that, “It has come in the report that the private vehicles are fitted with crash guards and bull bars. The private vehicles are also using hooters, sirens. The sirens can only be used by the ambulances, fire tenders and any vehicle used for salvage operations.”
Truth be told, para 10 while making damning observations lays bare the rampant misuse in vehicles using unauthorized words and flouting of rules in issuing licences by noting that, “It was also submitted that on Government vehicles/private vehicles, designations/description of offices/unauthorized emblems are displayed. Words like High Court, Army, Police, Journalists etc. are written on private vehicles. This is not permissible under the law. The State Government has established a training institute named ITDR, Jhanjhra-Chakrata Road, Dehradun for imparting training of one month to the drivers for issuance of commercial licence. This institute is practically defunct. Licences are issued by the Officers/Officials without ensuring whether the driver has undertaken one month’s mandatory training or not.” This should never happen but is happening right under the nose of the State administration! It must be checked right now by taking strictest action against the violators!
In essence, para 17 constitutes the most important para of this entire landmark judgment as it is in this para that the landmark directives are mentioned which will ensure road safety to the best possible extent if implemented swiftly and strictly. Para 17 holds that, “Accordingly, with the consent of the parties, in larger public interest to save precious lives and for due implementation of provisions of the Motor Vehicles Act, 1988 and the Rules framed thereunder and ancillary laws, the following mandatory directions are issued: -
Road safety within one month
A. The Secretary, Transport is directed to undertake ‘road-safety audit’ of the entire State within a period of one month and to take remedial measures thereafter.
Increasing number of teams enforcing MV Act
B. The Secretary, Transport, as undertaken by him, is directed to establish 73 enforcement teams for each Tehsil over and above the existing Teams to undertake the enforcement and implementation of Motor Vehicles Act, 1988 and the rules framed thereunder. It shall be open to the State to recruit the persons to enforce agency by resorting to deputation, deployment and secondment teams. The Committee shall also induct one Advocate in order to enforce the provisions of law effectively.
Speed governors in every vehicle
C. The Secretary, Transport has undertaken to install the speed governors in every transport vehicle within a period of three months from today on ‘route specific’ basis. This will cover old as well as new buses.
100 breathe analysers for transport department
D. In order to check the drunken driving, the State Government is directed to provide the transport department at least 100 breathe analysers within one week.
Uniforms for drivers and conductors
E. All the drivers and conductors throughout the State of Uttarakhand should be in prescribed uniform. The Secretary, Transport is directed to issue instructions that all the drivers and conductors behave with commuters in a dignified manner, more particularly with women, children and elderly people.
Sign boards at all vulnerable points
F. The State Government is directed to construct parapets, crash barriers and erect sign boards on all the 1000 vulnerable points within three months from today.
Action Against Defaulters
G. The Uttarakhand State Transport Department is directed to invoke the provisions of Sections 185, 192-A and 194 of the Motor Vehicles Act, 1988 against the defaulters and violators.
H. The Uttarakhand State Transport Department shall also register the FIRs’ under the relevant provisions of the Indian Penal Code as well as under the Motor Vehicles Act, 1988 against the violators of law involved in over speeding, over loading, use of mobile phones while driving/jumping of the red-light. The Transport Department is authorized to seize the mobile phones temporarily for a period of 24 hours after issuing a valid receipt.
Sufficient buses during Char Dham Yatra
I. The Transport Department is directed to ensure that sufficient buses ply in all inaccessible areas in the State even during Char Dham Yatra for the convenience of local commuters.
Private vehicles cannot have crash guards, bull bars, flashlights or sirens
J. No private vehicles shall be permitted to fix the crash guards and bull bars/flashlights. All the crash guards, bull bars and flashlights are ordered to be removed within one week by the Transport Department.
K. No motor vehicle shall be permitted to ply beyond the prescribed size. The use of hooter/sirens in private vehicles is banned. Hooters/sirens can be used only by Ambulances, fire tenders and any vehicle going on salvage operation.
No designations on private vehicles
L. The display of designation/description of office and unauthorized emblems on government/private vehicles is banned. Writing of words like High Court, Army, police, Journalists on private vehicles is also prohibited forthwith. This direction be implemented within 72 hours. This direction shall also cover the Executive Officers including Judicial Officers.
Issuance of commercial licenses
M. The ITDR shall issue the commercial license only after the completion of mandatory training of one month.
N. The fitness certificate to every public transport vehicle shall be issued only by the technical staff.
GPS in every public transport bus
O. As undertaken by the Secretary Transport, G.P.S. be installed in every public transport bus within a period of six months from today.
Officers for checking overloading of school buses and vans
P. The State Transport Department is directed to deploy at least one Officer/Official between 7.00 a.m. to 10.00 a.m. and 3.00p.m. to 6.00 p.m. to check overloading in school buses/vans. Every bus ferrying students must be accompanied by an attendant. It is made clear that all the school buses/vans throughout the State of Uttarakhand shall have a “Right of Way”.
Helmets with ISI marks
Q. The notification dated 21.05.2006 is ordered to be implemented in letter and spirit by the law enforcing agencies and the pillion riders on two-wheelers shall also use helmets as per ISI specification including women and child above the age of 5 years.
Buses to comply in remote areas as well
R. The Secretary, Transport is requested to hold meeting with the Managing Director of the State Transport Corporation to ensure that the buses of the Corporation must ply in the interior most areas for the convenience of local commuters.
“Traffic Awareness Centers” for parking seized vehicles
S. All the District Magistrates, throughout the State of Uttarakhand are directed to provide sufficient land for parking the seized vehicles by the Transport Department, as desired by Mr. D. Senthil Pandiyan within three months, to be called “Traffic Awareness Centers”, throughout the State of Uttarakhand, as suggested by Mr. M.S. Chauhan, learned Advocate within a period of three months from today.
Buses to be washed everyday
T. The Secretary, Transport has undertaken to issue necessary instructions to all the Public Sector Undertakings including Uttarakhand Transport Corporation, GMOU, KMOU and the private operators to wash the buses on day-to-day basis. The hygiene inside the buses shall also be maintained.
Implementation of maximum permissible mileage for vehicles
U. No transport vehicle shall be permitted to ply beyond the permissible mileage.
In para 18, it noted that, “This Court places on record its appreciation for the assistance rendered by Mr. D. Senthil Pandiyan, Secretary, Transport to the State of Uttarakhand and Additional Transport Commissioner and above all learned Advocates. We hope and trust that the directions issued hereinabove shall be implemented in letter and spirit by Mr. D. Senthil Pandiyan and Additional Transport Commissioner.” Finally, para 19 concludes by saying that, “Accordingly, the Misc. Application No. 848 of 2018 is disposed of.”
All said and done, it is an excellent and exemplary judgment. It must be implemented in letter and spirit. This will not just be good for environment but also for the safety of the people for whose favour the landmark judgment has been delivered. All steps must be taken by the concerned authorities to ensure that this landmark judgment is implemented in lock, stock and barrel! No ifs and buts only implementation needed!
