vijayk wrote:Getting a lot of bad feedback on this new motorist laws with fines reaching thousands and police trying to harass people.
If anyone has a channel to BJP folks, please give them feedback
The bad feedback is there because people find the punishments really scaring. The fines in MV Act 1988 was pathetic. Even a beggar will have Rs 100/- to pay as fine. But now people would think twice before breaking any motor vehicle related rules. I had just got my Pollution Under Control certificate renewed. The place had a queue for around 1 hour 30 minutes. Every body was getting this certificate worth Rs. 50/- done, because or else a fine of Rs. 1000 is waiting for them.
I have see poor people expressing how they are being harassed. This will come back to haunt us. People travel hanging in vehicles/buses because they can't afford transport.
Being "poor" is another excuse in India to do any thing (including crimes). An auto rickshaw driver who was fined a hefty sum was considered poor but he was rich enough to get good doze of alcohol and then go around driving.
darshan wrote: I just personally don't see any traffic cop going after politically appeased communities. One can argue that overall probability of death is still minimized.
This attitude of let the police do activity A; prove that to me and then do activity B
has been there in India from time immemorial. But unfortunately policing in any part of the world does not work that way. A thief will say first go and arrest all rapists before arresting them, while the rapists would say let the police focus on murderers first ):). Now if there is a contention that Muslims are never fined/penalised by the police that has to be addressed in a different way, and not making Hindus also immune to any law in India.
darshhan wrote:A functioning law and order system is more dependent on moral and ethical strength of its populace along with relative economic well being of its people and extremely less on Police capabilities.
A society gets the police force it actually deserves. A generally corrupt and unethical society will never get a very honest police force. A police man till the age of 18 is living as a common Indian, in a typical Indian society. The vices (and good things) of such a society will have firmly got ingrained in him even before the first day of his recruit training. The police training (which is for 9-12 months) is never going to make him a completely different person with a different mindset. How many of us can keep a hand in our heart and say that Indian society is a very ethical and honest group?
Picklu wrote:a. automated ticketing based on traffic camera and speed gun etc
The MV Act has provisions to ensure that automated detection of traffic violations are encouraged. It even mandates that National Highways have to be monitored electronically. And for speed violations; the act is very clear. To prove traffic violation reading from an electronic or mechanical speed check device have to be there. It cannot be on the words of an official alone.
States like KL has already started issuing notices for speed violations from a central location. They differentiator is that the offender and the enforcement official are never close to each other for offering or demanding bribes. And a day to day monitoring of the notices served will also ensure that the police men at these control centers are also not idling away their time.
What can be done next is to have simple mobile phone apps using which traffic law enforcement officials can also check the past history of any license holder or vehicle registered any where in India. And that any vehicle/driver with pending fines etc be recognized easily.
ramana wrote:1) The MV Act comes under concurrent list. That means states can ignore and or dilute provisions.
Saar, I don't think any state can ignore
any national level law. MV Act 1988 clearly says that this law is applicable all across India. All state governments can do is to informally tell the RTO/MVD/Police to go slow on detecting MV Act related cases. Also Section 200 of Motor Vehicle Act (the old one and the amended one) provides the state to set the fine amount for the below offenses. The only catch being they cannot reduce it to below the minimum set amount. Many states who boast about reducing fines have actually used this provision. And we must also understand that the money collected as fines goes to state government (and not to Yeevil Modi & co at the central govt.)
Offenses "compoundable" using provisions of Sec 200, MV Act.
Sec 177 – General provision to levy penalties
Sec 178 – Ticketless travel, or conductor not issuing tickets
Sec 179 – Disobedience to instructions given by police officials Sec 180 – Allowing unauthorised people to drive vehicles
Sec 181 – Driving/riding without a license, or violating age related rules on licenses.
Sec 182 – Punishment for cheating to get a driving license.
Sec 182A – Violating rules on the construction and maintenance of vehicles.
Sec 182B – Violating rules related to fitness of vehicles.
Sec 183 (1) & (2) – Speed rule violations
Sec 184 – Driving dangerously. But fine can be changed only for usage of mobile hand held communication devices.
Sec 186 – Driving when mentally or physically unfit to drive.
Sec 189 – Racing and trials of speed done without proper permissions.
Sec 190 (2) – Using vehicles in unsafe conditions.
Sec 192 – Using vehicle without registration.
Sec 192A – Using vehicle without necessary permits (mainly public transport) or permit violation.
Sec 194 – Overloading the vehicle (Goods).
Sec 194A – Overloading of passengers.
Sec 194B – Seat belt or child restraint not used.
Sec 194C – Triple riding.
Sec 194D – Riding without helmets.
Sec 194E- Not yielding to emergency
Came back to say: The amended motor vehicle act has entirely REPLACED the chapter dealing with Insurance claims, and this chapter is actually having more beneficial provisions to RTA victims. So the uppity state governments who say the Act will not be rolled out is also telling their citizens that they will not get adequate insurance protection.