Kochi: If you feel that you can use mobile phone while riding vehicles in the wake of the High Court order on Wednesday, think again. The Motor Vehicles Department and police officers say that the court verdict was against the invocation of the Police Act and that there are clear norms under the Motor Vehicles Act- 1988 and the Central Motor Vehicles Rules- 1989 to book the riders using mobile phones while driving.
A division bench of the court observed that since there is no statutory provision stating that using a mobile phone while driving is dangerous, Section 118 (e) of the Kerala Police Act (knowingly does any act which causes danger to public or failure in public safety) cannot be invoked for fining mot-orists using mobile phone.
“Even the police can book such motorists in future under Section 184 of the Motor Vehicles Act (whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable…),” noted Mr Rajeev Puthalath, joint transport commissioner.
While the court observed that the Police Act does not contain the provision to deal with motorists using mobile phone and that the Act should be amended suitably if the same should be invoked, the senior MVD officers point out that the MV rules clearly mention about such offenders. “We can even invoke the provision to cancel the licence of such offenders by invoking sub- section 25 under Section 21 of the Central Motor Vehicles Rules (powers of licensing authority to disqualify if the following acts by holder of a driving licence shall constitute nuisance or danger to the public, namely…),” said Ernakulam enforcement RTO K.M. Shaji.
Ernakulam regional transport officer Reji P. Varghese said the department was booking offenders as usual even after the court order, thanks to the provision. However, High Court lawyer Sivan Madathil said the law enforcing agencies cannot invoke the ‘Dangerous driving’ provision under the Indian Penal Code or the Motor Vehicles Act if the usage of the mobile phone is in a situation where no damage to property and life is involved. “Such charges will stand nullified under the court of law. The police can press ahead with the charges where they can substantiate that the usage of mobile phone has led to rash and negligent driving causing an accident,” he said.
