Talk and lose driving licence

Saturday, Oct 24, 2009

The next time you speed dial your boss while driving, watch out. The traffic policeman would no longer stop and fine you for dangerous driving as he does at present, but would book you as an offender under a brand new section of the Motor Vehicles Act.

In fact, repeat offenders can expect to say goodbye to their licence for six months.

The Centre plans to amend the Motor Vehicle Act (MVA) of 1988 by introducing strict penal provisions. And to do that, it will start by adding the new Section 183-A to the MVA to define what a mobile phone is and also specifying penalties for talking on the phone while driving.

The new section will also make texting and reading messages an offence.

This comes just a day after 30 passengers had a providential escape after the DTC bus they were travelling in fell into a ditch as the driver-who was talking on the phone while driving-could not control the bus. A senior police officer said: "The incident took place around 3.30 pm on Thursday. Passengers claimed that the accident took place as the driver was talking on the mobile phone while driving. A case of negligence was registered against the driver and he was arrested."

At present, the Delhi Police book drivers talking on mobile phones under Section 184 of the MVA and impose a penalty of Rs 1,000 for dangerous driving. Some states follow the provision of the Central Motor Vehicle Rules, under which talking on the mobile phone attracts penalties from Rs 100 to Rs 300.

Delhi's traffic police have booked 10,000 drivers this year till October 15. S.N. Shrivastava, joint commissioner of police (traffic), said: "Talking on mobile while driving is dangerous. Several accidents have occurred because of this. Even talking with hands-free or with the speaker on is dangerous." He said the challan amount is too low to act as a credible deterrent.

"As of now, we prosecute vehicle owners under related clauses of the Motor Vehicles Act of 1988. We are happy a committee has been constituted to review the MV Act and we would like the challan amounts to be high enough to act as a deterrent."

Acting on recommendations of a parliamentary committee on petitions, the Union road and surface transport ministry has decided that the first three offences would attract a monetary penalty, while the fourth and fifth offence would invite a fine as well as a negative entry on the driving licence. A sixth offence would mean that your licence is suspended for up to six months.

Sources said the ministry was ready with a new notification, but a new committee was set up last week under former transport secretary S. Sunder to propose more changes in the MVA. The committee on petitions said: "The idea behind making such a recommendation is to strengthen provisions so that it could have a salutary effect on the offenders. The committee also recommends that the term "mobile phone" should be explicitly defined in the Central Motor Vehicle Rules, 1989, in such a way that the use of mobile in any form or manner while driving is covered."

India has over 450 million cell phone connections, mostly in urban areas. Controlling it could be tough, but figures indicate the Delhi Police challaned 3,899 motorists in 2005. In 2008, that number rose 18,057.

Among other user-friendly measures to amend the MVA is a provision to make staking claims in the case of an accident easier.

Sources said accident tribunals will now provide interim relief of up to Rs 1 lakh in the case of death, and Rs 50,000 in case of permanent disability within three months of a claim being filed. This amount can be deducted later when the case is decided.

In another major move, driving licence applicants need no longer give a test to any transport authority official to obtain the document if the applicant produces a certificate from an authorised driving school or any government- recognised automobile association.

The committee could also recommend suspension of a driver's licence if he fails a breathalyser test. This could reduce, police sources said, the number of drunk driving cases in the Capital and in the NCR.

Original news source http://indiatoday.intoday.in/site/Story/67630/LATEST%20NEWS/Talk+and+lose+driving+licence.html