| SAFETY HELMETS | ||
| Why Wear A Safety Helmet? A safety helmet is one of the most important items of personal protective equipment used by motorcycle riders primarily to protect the head against impact. In year 2003 there were 72 deaths of two-wheeler drivers/pillion riders due to road accidents in U.T. Chandigarh. The number of those injured would be at least ten times this figure. If these individuals had been wearing helmets, many of these deaths and disabling injuries would not have happened. Helmets won't prevent accidents, but they clearly will cut down on deaths and injuries when collisions occur.
Components of the Helmet and Their Roles
The Shell: the shell of a helmet is an injection molded thermoplastic or a pressure molded thermo set that is reinforced with glass fibers or made of fiber glass.
Proper Strapping System: It is essential to wear a well-fitting helmet for the effective working of chinstrap system. To test if the helmet fits your head properly, tightly fasten the chinstrap and then pull helmet off forward by gripping the rear and then pulling. The strap must be threaded correctly so that the buckle locks the strap when it is pulled from the chin side. The strap must be pulled as tight as is bearable under the chin.
What Does the Law Say?
Section 129 Motor Vehicles Act '88Wearing of Protective Headgear: Every person driving or riding otherwise than in a side car, on a motor cycle of any class or description, shall, while in a public place, wear protective headgear conforming to the standards of Bureau of Indian Standards: Provided that the provisions of this section shall not apply to a person who is a sikh, if he is, while driving or riding on the motorcycle, in a public place, wearing a turban: Provided further that the state government may, by such rules, provide for such exceptions as it may think fit. Explanation: 'protective headgear' means a helmet which-
Rule 193 Chandigarh Motor Vehicle Rules'90 Use Of Protective Headgear: Every person driving or riding a motor cycle of any class or description shall wear a protective headgear approved by the bureau of Indian standards from time to time provided that in addition to the persons exempted under the provisions of section 129 (MVA'88), persons who are medically advised by P.M.O. not to wear such a headgear in case exempted by the District Magistrate or a woman shall not be required to wear a headgear. Explanatory Notes: The BIS & the ISI mark: The provisions of section 129 MVA'88 and rule 193 Chandigarh Motor Vehicle Rules '90 require the protective headgear to conform to the standards of Bureau of Indian Standards. The law thus requires that all protective helmets for motorcycle riders should meet or exceed the minimum performance requirements specified in the corresponding Indian Standard (IS: 4151 in case of protective helmets). These requirements include minimum impact and penetration capabilities; chin strap retention qualities, and a prescribed minimum field of view. To certify that their helmets meet all the requirements of IS: 4151, the manufacturers place the standard mark on the back of each helmet. This mark is often referred to as the "ISI mark". The standard mark comprises the single coloured symbol of the type shown below having a width-to-height ratio of 4:3. Chin Strap: The clause (b) of the explanation to section 129 MVA'88 stipulates that the protective headgear should be securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear. The wearer of an improperly fastened helmet can be punished for driving/pillion-riding without helmet. This provision of law can be used by enforcement agencies to check the practice of drivers of two-wheelers (especially teenaged ones) to leave their helmets unstrapped or loosely strapped.
The violation of any of the provisions of section 129 MVA'88/ Rule 193 Chandigarh Motor Vehicle Rules '90 would constitute an offence punishable under s.177 MVA'88. Section 177, Motor Vehicles Act '88 General Provision For Punishment Of Offences - whoever contravenes any provision of this act (i.e. MVA'88) or of any rule, regulation or notification made there under shall, if no penalty is provided for the offence be punishable for the first offence, with fine which may extend to one hundred rupees and any second or subsequent offence with fine which may extend to three hundred rupees. | ||
Sunday, 8 June 2014
SAFETY HELMETS
LAW ON PARKING
| LAW ON PARKING | |||||||||||||||||||||||||||||||||||||
Section 122, Motor Vehicles Act, 1988 Leaving Vehicle in Dangerous Position: No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers. Section 15, Rules of the Road Regulations-1989 Parking of the Vehicle:
Section 201, Motor Vehicles Act, 1988 Penalty for Causing Obstruction to Free Flow of Traffic:
Removal of Motor Vehicles Abandoned or Left Unattended on a Public Place.
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SMOKING & DRIVING
| SMOKING & DRIVING | |
What does the Law say?
Rule 193b Chandigarh Motor Vehicle Rules 1999
Prohibition of smokingNo driver of a motor vehicle shall smoke while driving the vehicle.
Rule 21(14) Central Motor Vehicles Rules 1989
T
The act of 'smoking while driving public service vehicles' shall constitute nuisance or danger to the public.
Rule 21(6) Central motor Vehicles Rules 1989
If the 'driver, while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration he would be guilty of causing nuisance or danger to the public'.
Rules 21(14) & 21(6)of the Central Motor Vehicles rules 1989 has been laid down with reference to s.19 (1)(f) MVA'88 that defines the circumstances under which the licensing authority may invoke the powers to disqualify the holder of a driving licence from holding the driving licence or to revoke such licence. Yet, the said rule provides a valuable guideline for determining as to what kind of driving would constitute dangerous driving under s.184 MVA'88. It may be considered reasonable, therefore, to treat the act of smoking while driving (an activity that may safely be assumed to cause a disturbance to the driver's concentration) as an instance of dangerous driving chargeable under section 184 MVA'88.The matter is further clarified by the clear direction of the Hon'ble Punjab & Haryana High Court in the CWP no.7639/95- Nimit Kumar vs Chandigarh Administration and others & CWP no.10591 of 1999 that reads as follows: 'no person while driving a vehicle of any kind including two-wheelers shall use cellular phone and also shall not smoke.' Any person found violating this direction, shall be liable to be proceeded against in accordance with law under the contempt of courts act as well as for violation of traffic regulations. | |
LAW ON USE OF HORNS
| LAW ON USE OF HORNS | ||||||||||||||||||||||
What does the Law say?
'No driver of a motor vehicle shall blow hooter/siren in the entire area of the Union Territory, Chandigarh, while driving the vehicle except on ambulances, fire brigade vehicles and Chandigarh Police vehicles.
Rule 178(3) Chandigarh Motor Vehicle Rules 1990
Every motor vehicle manufactured shall be fitted with an electric horn or other devices (conforming to the requirements of is: 1884-1992 specified by the bureau of Indian standards) for use by the driver of the vehicle and capable of giving audible and sufficient warning of the approach or position of the vehicle.
Rule 119(1), The Central Motor Vehicles Rules 1989
Note: Not having a functional horn would be violative of the above-mentioned rule and would thus be an offence.No motor vehicle shall be fitted with any multi-toned horn giving a succession of different notes or with any other sound-producing device giving an unduly harsh, shrill, loud or alarming noise. Vehicles used as ambulance or for fire fighting purpose or salvage purpose or vehicles used by police officers or officers of the motor vehicles department in the course of their duties or on construction equipment vehicles, may use such sound signals as may be approved by the registering authority in whose jurisdiction such vehicles are kept.
Rule 119(2) (3), The Central Motor Vehicles Rules 1989
A driver of a vehicle shall not
Regulation 21(i) (ii) (iv) the Rules of the Road Regulations, 1989
No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped or shall cause or allow any other person to do so continuously or to an extent beyond what is necessary to ensure safety.
Rule 170 (1), Haryana Motor Vehicles Rules, 1993
No vehicle shall be permitted to have a musical horn. All vehicles, buses, trucks and cars shall not be fitted with power, pressure or musical horns. Such vehicles with any such horns shall be challaned and such horns shall be got removed by the enforcement officer so authorized to challan the vehicle, under his supervision.Rule 178 (1), Chandigarh Motor Vehicles Rules, 1990
Rule 114a (iii) (vii), the Haryana Motor Vehicles Rules, 1993
Provided that when the regional transport authority prohibits the use of any horning or other device for giving audible warning during certain specified hours, he shall cause a suitable notice, in english and hindi language to be affixed below the traffic sign setting forth the hours within which such use is prohibited.
Rule 170(2), Haryana Motor Vehicles Rules, 1993
The district magistrate may, by notification published in the official gazette or in one or more newspaper in circulation in the area and by the erection of suitably placed traffic sign no. 7 as set forth in the fifth schedule to the act (MVA'88), prohibit the use by drivers of motor vehicles of any horn or any other device for giving audible warning in any area during such hours as may be specified by him in the notification: Provided that when the District Magistrate prohibits the use of any horning or other device for giving audible warning during certain specified hours, he shall cause a suitable notice, in English and Hindi languages to be affixed below the traffic sign setting forth the hours within which such use is prohibited.
Rule 178 (2), Chandigarh Motor Vehicles Rules, 1990
Note: the sounding of horns is generally prohibited in the vicinity of hospitals, courts and educational institutions.Note: the traffic sign for 'compulsory sounding of horns' is generally used on hill roads that involve extremely sharp, often blind turns. Penal provisions: The violation of the provisions of rule 170 (1) or 114a (ii) (vii) of Haryana Motor Vehicles rules, 1993 / rule 178 (1), Chandigarh Motor Vehicles rules, 1990 or of regulation 21(i) (ii) (iv) the rules of the road regulations, 1989 or of rule119 (1)(2)(3), CMVR'89 would constitute an offence punishable under S.177 MVA'88. The violation of the aforementioned provisions may also be charged under s.190 (2) MVA'88 that prescribes a stiffer punishment for the offender, especially in cases of use of pressure horns or unduly loud or shrill horns. Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to …control of noise… shall be punishable
Section 190 (2), mva'88
The blowing of pressure horns/musical horns or the sounding of horns in zones declared as silence zones (by the competent authority) may not only be an offence under MVA'88, but also be in violation of the noise pollution (regulation and control) rules, 2000 and be punishable under section 39, air pollution control act, 1981.Section 39, Air Pollution Control Act, 1981Penalty for contravention of provisions of the air pollution control act, 1981: whoever contravenes any of the provisions of this act or any order or direction issued there-under, for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to ten thousand rupees or with both, and in the case of continuing contravention, with an additional fine which may extend to five thousand, rupees for every day during which such contravention continues after conviction for the first such contravention.
The Noise Pollution (regulation and control) Rules, 2000:
Rule 3Ambient air quality standards in respect of noise for different areas/zones:
Schedule (see rule 3(l) …)
Ambient air quality standards in respect of noise
Rule 6 (ii) Consequences of any violation in silence zone/area: whoever, in any place covered under the silence zone/area commits any of the following offence; he shall be liable for penalty under the provisions of the air pollution control act, 1981 blows a horn either musical or pressure. | ||||||||||||||||||||||
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Private Bus Parking Notifications
| Private Bus Parking Notifications | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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FREE PASSAGE FOR EMERGENCY VEHICLES
| FREE PASSAGE FOR EMERGENCY VEHICLES | ||
| Introduction: Everyday, somewhere around you, police, ambulance and fire service vehicles are responding to emergencies. It is critical for all emergency services to keep the response time to a minimum. Seconds can be lost if drivers don't make way for emergency vehicles - precious time that could mean the difference between life and death. Remember, it's the law for any driver who sees and hears an emergency vehicle approaching to get out of the way. What does the Law Say? As per the Rules Of The Road Regulations, 1989 every driver must give free passage to fire service vehicles & ambulance by drawing to the side of the road. An ambulance, as per the Motor Vehicle Act, is a motor vehicle specially designed, constructed or modified and equipped and intended to be used for emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated. What about the Flashing Lights & Loud Sirens used by these vehicles for alerting other motorists? Rule 108 (1)(iv) of the Central Motor Vehicles Rules, 1989 permits the use of the blinker type of red light with purple glass by an ambulance van used for conveying patients. Use of similar multi-coloured red, blue & white light can be specifically permitted by the State Government for the vehicles that have been specially designated for emergency duties under rule 108 (4) of the Central Motor Vehicles Rules, 1989. Rule 119 (3) of the Central Motor Vehicles Rules, 1989 permits such vehicles to use multi-toned horns etc. that have been approved by the registering authority in whose jurisdiction such vehicles are kept. So when you hear or see an Emergency Vehicle coming behind you, here is what you must do:
Take sirens and lights seriously.
Let police, fire and ambulance vehicles through!
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SEATBELTS
| SEATBELTS | |
| The Seatbelt has proven to be by far the most important safety device in cars as it dramatically increases the chances of survival of the occupants in the event of an accident. It has been estimated that seatbelts reduce the risk of death for a front seat car occupant by about 50%. How does the seatbelt work? Seatbelt's Principle of Working: When a car is speeding along at 50 Km per hour it has a tendency ('Inertia') to keep moving at the same speed and in the same direction unless some force acts on it. The car accelerates its occupants to its own speed so that they seem to be moving as a single unit. The inertia of the occupants is, however, independent of the inertia of the car. If the car were to crash into a tree, the force of the tree would bring the car to an abrupt halt. The speed of the occupants, however, would remain the same because of their independent inertia and they would bang into the steering wheel, the dashboard or the windshield. The force exerted by the steering wheel or the windshield would then bring the occupants to a stop but may in the process cause injury to vulnerable body parts such as the head and the face. The seatbelt's job is to spread this stopping force across sturdier parts of the body over a longer period of time to minimize damage. A typical seatbelt consists of a Lap Belt, which rests over the pelvis and a Shoulder Belt, which extends across the chest. The two belt sections are tightly secured to the frame of the car in order to hold passengers in their seats. When the belt is worn correctly, it will apply most of the stopping force to the rib cage and the pelvis, which are relatively sturdy parts of the body. Since the belts extend across a wide section of the body, the force isn't concentrated in a small area, so it can't do as much damage. Additionally, the seatbelt webbing is made of a material having some flexibility so that it stretches a little bit thereby making the stop less abrupt. The softening of the crash by the collapsing of the crumple zones of the car also has the desired effect only when the occupant remains secured to the seat by the seatbelt. Load Limiters: In severe crashes, when a car collides with an obstacle at extremely high speed, a seatbelt can inflict serious damage. As a passenger's inertial speed increases, it takes a greater force to bring the passenger to a stop. In other words, the faster you're going on impact, the harder the seatbelt will push on you. Some seatbelt systems use load limiters to minimize belt-inflicted injury. The basic idea of a load limiter is to release a little more excess belt webbing when a great deal of force is applied to the belt. Law on Use of Seatbelt: As per the provisions of sub-rule (3) of Rule 138 of the Central Motor Vehicle Rules, 1989 'in a motor vehicle, in which seat-belts have been provided under sub-rule (1) or sub-rule (1A) of rule 125 or rule 125A, as the case may be, it shall be ensured that the driver, and the person seated in the front seat or the persons occupying front facing rear seats, as the case may be, wear the seat belts while the vehicle is in motion. Rule 125 (1) requires the manufacturer of every motor vehicle other than motor cycles and three-wheelers of engine capacity not exceeding 500 cc, shall equip every such vehicle with a seat belt for the driver and for the person occupying the front seat. Rule 125 (1A) requires the manufacturer of every motor vehicle that is used for carriage of passengers and their luggage and comprising no more than 8 seats in addition to the driver's seat, shall equip it with a seat belt for a person occupying the front facing rear seat. Penal Provisions: The violation of any of the provisions of rule 138 (3) would constitute an offence punishable under section 177 MVA'88, which reads as follows- 'General provision for punishment of offences-Whoever contravenes any provision of this Act (i.e. MVA'88) or of any rule, regulation or notification made there under shall, if no penalty is provided for the offence be punishable for the first offence, with fine which may extend to one hundred rupees and any second or subsequent offence with fine which may extend to three hundred rupees.' | |
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