Wearing helmets mandatory from July 1
Five people ride their two-wheelers without wearing helmets disregarding rules. From July 1, ban will be intensified and documents of errant motorists will be seized. (Photo: DC)
Chennai: Two-wheeler riders in Tamil Nadu will have to mandatorily wear helmets fromJuly 1 or risk impounding of their driving licence, a Madras high court order said on Monday. It is “really disheartening to note that a number of precious lives are lost due to non-wearing of protective headgear,” the Madras high court said reiterating that two-wheeler riders must wear helmets and documents including driving license must be impounded if they don’t.
“It is a common sight, on roads of every city, that people ride two-wheelers without helmets,” said Justice N. Kirubakaran, while allowing a petition from family members of a road accident victim, who died due to non-wearing of helmet and enhancing the compensation to Rs 20 lakh from Rs 12.23 lakh awarded by the tribunal.
Citing the “case on hand” and its consequences, the judge directed the state government to inform the same to the public through media on or before June 18, the judge said, “If this direction is not complied with, the home secretary and DGP shall appear before this court on June 19”.
The judge said the impounded documents would be released only on production of new ISI certified helmet with purchase receipt. The authorities will suspend the driving license of the riders. In the event of violation of section 129 of the Motor Vehicles Act, which mandates the wearing of helmets by the two-wheeler riders, the authorities will have the right to cancel the licence after registering a case for violating the said provision, the judge said.
The judge also directed the state government to install CCTV cameras in important junctions and roads including national highways to monitor the wearing of helmet by two-wheeler riders. Those who fail to wear helmets have to be issued notice about the non-wearing of helmet and the license to be cancelled, if needed, after enquiry, the judge said.
He also asked the Central government to go into the details of the design of the helmets to provide visibility on the sides as well as at the front of the wearer of helmet. The judge also asked the Centre to direct all states to monitor the wearing of helmet compulsory and take actions. The state government shall file details of number of cases filed and other connected data every two months before this court, the judge said.
Cops not taking action, says HC:
Pointing out that a fine of Rs 100 to Rs 300 as punishment is palpably very low and the number of people losing their lives due to non-wearing of helmet is increasing year after year, the Madras high court has directed the authorities to ensure that all two-wheeler riders wear helmet compulsorily from July 1.
Enhancing the compensation from Rs 12.23 lakh to Rs 20 lakh to the family of a road accident victim, Justice N. Kirubakaran enlarged the scope of the case and gave a set of directives relating to compulsory wearing of helmet by two-wheeler riders and introduced penalty, including impounding, suspending and cancelling the driving licence of those who failed to wear helmet.
“Though the issue before this court is with regard to quantum of compensation awarded to the appellants (family), the issue about the non-wearing of helmet, incidentally arises for consideration.
This court cannot close its eyes and mechanically decide the issue alone. This court is duty bound to look into the root cause of the accident. This court has every responsibility to give appropriate directions, to safeguard the rights including the right to live, observed Mr.Justice Kirubakaran.
Pulling up authorities for not implementing the law relating to compulsory wearing of helmets, the judge said the authorities were not enforcing traffic laws effectively. The very fact that the number of accidents and the lives lost in them were increasing would only go to show that the police was not taking action promptly to enforce the Motor Vehicle Act. “Therefore, the enforcing police authorities are deemed to be responsible for the violation of the Act and accidents and resultant deaths and injuries.
As the apex court as well as high courts, directed the authorities to implement the provisions of the Act, non wearing of helmet and resultant deaths would be deemed to be contempt committed by the law enforcing agencies, apart from being guilty of abetment”, the judge added.
Mr Justice Kirubakaran also expected family members of riders of two wheelers to insist upon riders to wear helmet while driving vehicle.
Increase in bike population hits efforts to implement helmet rule:
Increase in the number of two-wheelers hitting the city roads with every passing year is the reason for police not able to enforce the ‘helmet rule’ strictly in the state, says a senior traffic police officer.
The officer said they were yet to receive a copy of the Madras high court order containing directives for implementing the helmet rule. “The court has directed the government and the DGP. So, we will follow whatever the government orders us to do,” the officer added.
According to P. Thamaraikannan, additional commissioner (Traffic), “On Sunday alone, traffic police booked around 2,000 cases for helmet rule violation. We ensure that the helmet rule is strictly adhered to.
“Tamil Nadu is among the top two states in the number of fatal accidents and it is welcome that the court has intervened to look into an important issue, which gets lost for political reasons,” Piyush Tewari, founder & CEO of Save Life Foundation, told DC.
The DMK Government made helmet-wearing mandatory back in 2007. However the campaign lost sheen after activists went on a tirade against the government accusing it of siding with helmet manufacturers.
The city traffic police started 2015 with a helmet awareness campaign as part of the 26th road safety awareness campaign. The importance of wearing helmets was stressed during the campaign. Even helmets were provided free of cost to a few. But until there was strict enforcement, police said, it was difficult to implement the rule.
Every day, GH handles 60 hurt bikers:
The emergency ward at the Rajiv Gandhi Government General Hospital receives daily nearly 60 patients with head injuries, most of them two-wheeler accident victims. Among them, at least 25 are treated at the neuro surgery ward.
“On a daily basis, our doctors operate on 6-7 patients to remove the clot inside the head. Ninety-nine per cent of them are the ones who did not wear helmets,” said Dr. Ranganathan Jothi, director, Institute of Neurology, Madras Medical College.
Dr Jothi, who has been associated with the hospital for three decades, says it is important for motorists in the city to wear helmets. With the number of vehicles flooding the city roads, the chances of accidents are high and even a minor fall might be fatal on city roads, he cautions. Outside the city limits though, it doesn’t matter even if you wear a helmet as most of the accidents are due to rash driving and over speeding, the doctor said. “Also, 70 per cent of these head injury victims drive vehicles under influence of alcohol, making treatment difficult,” he says. To put it simply, “Inside the city limits, helmets are important; Outside city, patience is important."
( Source : dc )
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