Sunday, 8 June 2014

SAFETY HELMETS



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 
 Typically, a helmet has the following components:
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.

  • It absorbs energy in an impact: the shell bends when the helmet is impacted and the underlying foam deforms. At moderate speeds the shell can take one-third of the impact energy.
  • It distributes local forces from an impact: rigid objects like stone or a projecting beam can cause a skull fracture at low forces, the shell acts to distribute the force of such impact eliminating the risk of penetration.
  • It allows sliding on road surfaces: the shell being rigid and having a convex shape allows the helmet to slide along a road surface without there being an excessive force.
  • It protects the face and temples: full-face helmet is beneficial in protecting the face and jaw. The chin bar of such helmets contain rigid foam to absorb energy for direct blows on the chin, prevent facial bone fractures and prevent the lower part of the forehead and temple being struck.
The Protective Padding: this is a molding of polystyrene beads or polyurethane foam. It provides a stopping distance for the head. The foam can compress by 90% during an impact, although it recovers partially afterwards. But this helps increase the stopping distance thus reducing the peak deceleration of the head. It also protects as much as possible of the head. In addition to this there is a layer of comfort padding to provide comfort to the wearer.
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 '88
Wearing 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-

  1. By virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and
  2. Is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.

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.
 The number of the corresponding Indian Standard with part/section, if any, which is unique for each product, is written on top. This number in case of protective helmets for motorcycle riders is IS: 4151. The standard mark for all protective helmets would thus appear as follows-
 The licence number (a seven digit number, represented as cm/l-_________) is also given with the standard mark. This helps in identifying the particular manufacturer/licensee, which has manufactured the product. E.g., Studds Accessories Ltd. one of the licensees for manufacturing protective helmets has been allotted the licence no. Cm/l-9169691. This number is displayed along with the standard mark on all helmets manufactured by it. Thus a Studds helmet would bear the mark-

 The Bureau of Indian Standards has hosted the complete BIS directory of licensees on its website www.bis.org.in from which any consumer can directly download the list of licensees for the manufacture of protective helmets for motorcycle riders.
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.
Turban: The proviso to section 129 MVA'88 stipulates that the requirement for wearing protective headgear protective headgear 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. Thus sikh drivers/riders (male) are exempted from wearing safety helmets only when wearing a proper turban and not when wearing parna, patka etc. 

 Women drivers/pillion riders: Total exemption is given by rule 193 Chandigarh Motor Vehicle Rules '90 to all women from the requirement of wearing protective headgear while driving/riding two-wheelers.
Judicial Pronouncements On The Issue Of Exemptions
The Hon'ble Punjab & Haryana High Court had restricted the exemption only to 'sikhs wearing turban while driving' in its order dated 9-7-98 in CWP No. 7639 of 1995 titled Namit Kumar Versus UT Chandigarh & others. The Hon'ble Supreme Court of India in its recent order dated 27-9-2004 in civil appeal no. 3700 of 1999 (arising out of CWP 7639 of 1995) has, however, directed that 'if any exemption is granted to any person including sikh women from any of the motor vehicles rules relating to different states or areas under any statutory rule the same shall operate notwithstanding the directions of the high court that all persons including women shall wear helmets.'
Pillion rider: section 129 MVA'88/ rule 193 Chandigarh Motor Vehicle Rules '90 stipulate that the driver as well as the pillion rider shall wear protective helmets while driving/riding a motorcycle.
 Motor cycle: sub-section 2 of section 27, MVA'88a defines 'motor-cycle' as a two-wheeled motor vehicle, inclusive of any detachable sidecar having an extra wheel, attached to the motor vehicle.
 Penal Provisions:
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.


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: 

  1. Every driver of a motor vehicle parking on any road shall park in such a way that it does not cause or is not likely to cause danger, obstruction or undue inconvenience to other road users and if the manner of parking is indicated by any sign board or markings on the road side, he shall park his vehicle in such manner.
  2. A driver of a motor vehicle shall not park his vehicle:-
    1. At or near a road crossing, a bend, top of a hill or a humpbacked bridge.
    2. On a foot-path.
    3. Near a traffic light or pedestrian crossing.
    4. On a main road or one carrying fast traffic.
    5. Opposite another parked vehicle or as obstruction to other vehicle.
    6. Along side another parked vehicle
    7. On roads or at places or roads where there is a continuous white line with or without a broken line.
    8. Near a bus stop, school or hospital entrance or blocking a traffic sign or entrance to a premises or a fire hydrant.
    9. On the wrong side of the road.
    10. Where parking is prohibited.
    11. Away from the edge of the footpath.

Section 201, Motor Vehicles Act, 1988
Penalty for Causing Obstruction to Free Flow of Traffic:
  1. Whoever keeps a disabled vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position. Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law; Provided further that where the vehicle is removed by a Government agency, towing charges shall be recovered from the vehicle owner or person in-charge of such vehicle,
  2. Penalties or towing charges under this section shall be recovered by such officer or authority as the Statement Government may, by notification in the Official Gazette, authorize.

CHANDIGARH ADMINSTRATION
HOME DEPARTMENT
NOTIFICATION
No.3082-HIII(2)-99/84204th May, 1999
     In exercise of the powers conferred by sub-section (2) of Section 201 of the Motor Vehicles Act, 1988(Central Act No.59 of 1988), the Administrator, Union Territory, Chandigarh is pleased to authorize a Police Officer of the rank of Sub-Inspector in the Chandigarh Traffic Police to recover the towing charges from the drivers/owners of the vehicles, fixed vide this Admn. Memo No.3082-HIII (2)-99/6603 dated the 6th April 1999.
Anuradha Gupta
Home Secretary,
Chandigarh Administration.
Section 127, Motor Vehicles Act, 1988
Removal of Motor Vehicles Abandoned or Left Unattended on a Public Place.
  1. Where any motor vehicle is abandoned or left unattended on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilization by any means including wheel clamping may be authorized by a police officer in uniform having jurisdiction.
  2. Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the (public place), or its physical appearance is causing the impediment to the traffic, its immediate removal from the (public place) by a towing serving may be authorized by a police officer having jurisdiction.
  3. Where a vehicle is authorized to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.


No.2699-HIII (1)-2002/3746th January, 2003
CHANDIGARH ADMINISTRATION
HOME DEPARTMENT
 To
 
The Inspector General of Police,
Union Territory, Chandigarh. 
Subject:    Regarding Rates of Towing Charges.
Reference:    Your Memo No.17703/UT/E5 dated 15.7.2002
     Approval is hereby accorded to the fixing of towing charges for lifting of vehicles by cranes as under:-
1.     MOPEDRs. 100/-
2.     SCOOTER/M.CYCLE/ TWO-WHEELERS/TSRRs. 100/-
3.     CAR/JEEP/VANRs. 200/-
4.     EMPTY LIGHT MOTOR VEHICLERs. 300/-
5.     LOADED LIGHT MOTOR VEHICLERs. 400/-
6.     EMPTY MEDIUM MOTOR VEHICLERs. 300/-
7.     LOADED MEDIUM MOTOR VEHICLERs. 400/-
8.     EMPTY TRUCKRs. 100/-
9.     LOADED TRUCKRs. 400/-
10.     BUSRs. 400/-
Sd/-
Joint Secretary/Home
for Home Secretary
Chandigarh Administration



SMOKING & DRIVING



SMOKING & DRIVING
What does the Law say?
 
Rule 193b Chandigarh Motor Vehicle Rules 1999
 Prohibition of smoking
No 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

  • Sound the horn needlessly or continuously or more than necessary to ensure safety;
  • Sound the horn in silence zones;
  • Fit or use any multi-toned horn giving a harsh, shrill, loud or alarming noise;

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
Rule 178 (1), Chandigarh Motor Vehicles Rules, 1990 
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 114a (iii) (vii), the Haryana Motor Vehicles Rules, 1993
 Removal & confiscation: As per the directions of the Hon'ble Punjab & Haryana High Court in CWP no.7639 of 1995 - Namit Kumar versus Chandigarh Administration and others, the pressure horn or the musical/multi-toned horn of the vehicle shall be confiscated by the enforcement officer at the time of challan. The fact of the confiscation should be mentioned on the challan form and the confiscated horn should be duly deposited with the police station having jurisdiction, with appropriate details being recorded in the station diary. The horn should be released only on receipt of superdari orders issued by courts having jurisdiction.
 
Horn prohibited: The regional transport authority 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. M18 as set forth in the part a of the first schedule to the 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 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.
 
Compulsory sound horn: The approaching motorists get the indication to 'compulsorily sound the horns' of their vehicles by the erection of a suitably placed mandatory traffic sign, which is specified at serial no.m35 of part a of schedule i to the motor vehicles act 1988. The traffic sign is shown below:
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

  • For the first offence with a fine of Rs.1000/- and
  • For any second or subsequent offence with a fine of Rs.2000/-
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, 1981
Penalty 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 3
Ambient air quality standards in respect of noise for different areas/zones: 
  1. The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the schedule annexed to these rules.
  2. The state government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
  3. The state government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
  4. An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules.

Schedule (see rule 3(l) …)
Ambient air quality standards in respect of noise
Area codeCategory of area/ZoneLimits in db (a) leq *
Day timeNight time
(a)Industrial area7570
(b)Commercial area6555
(c)Residential area5545
(d)Silence zone5040

  1. Daytime shall mean from 6.00 a.m. To 10.00 p.m.
  2. Nighttime shall mean from 10.00 p.m. To 6.00 a.m.
  3. Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones, which are declared as such by the competent authority.
    Note: "authority" means any authority or officer authorised by the central government, or as the case may be, the state government in accordance with the laws in force and includes a district magistrate, police commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force. Rule 2(c), noise pollution rules 2000.
  4. Mixed categories of areas may be declared as one of the four above-mentioned categories by the competent authority.
    *db (a) leq denotes the time weighted average of the level of sound in decibels on scale a which is relatable to human hearing.


  • A "decibel" is a unit in which noise is measured.
  • "a", in db (a) leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
  • Leq: it is an energy mean of the noise level, over a specified period

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.

\

Private Bus Parking Notifications


Private Bus Parking Notifications
Office of the District Magistrate
Chandigarh
No.DC/MA/2001/19348dated 24.9.2001
Notification
 Whereas it has been made to appear to me that additional parking space for tourist buses in Chandigarh are required to be designated to ensure orderly plying of tourist bus service and so I do hereby notify the following additional sites for such purpose in exercise of the powers vested in me under Section 117 of the Motor Vehicle Act, 1988 read with Rules 196 of the Chandigarh Motor Vehicles Rules, 1990:-
S.No.LocationSizeNo. of Buses
1.Sector 20-D on Dakshan Marg near Gurudwara Kalgidhar75’X30’6
2.Sector 21-B, on V-4 road120’X30’10
3.Sector 22-C, near Government High School75’X30’6
4.Sector 32-D, Shopping in front of SCO:66-6784’X30’7
5.Sector 33-D Shopping on V-4 road84’X 50’7
6.Sector 37-D, Shopping on V-4 road100’X30’8
7.Sector 41-D Shopping on V-4 road84’X30’7
Total51
Office of the District Magistrate
Chandigarh
No.DC/MA/99/dated 12.11.1999
Notification
 In partial modification of my earlier Notification dated 6.8.99, the parking spaces for tourist buses in Chandigarh are required to be designated to ensure orderly plying of tourist bus service and so I do hereby notify the following sites for the said purpose in exercise of the powers vested in me under Section 117 of the MV Act, 1988 read with the rule 196 of the Chandigarh Motor Vehicles Rules, 1990:-
S.No.LocationSizeParking capacity of buses
1.Sector 24-D(on V-4 road)120’x85’16
2.Sector 29-C(on V-4 road)120’x30’10
3.Sector 31-C(on V-4 road)84’x30’7
4.Sector 40-D(on V-4 road)120’x85’16
5.Sector 44-C(on V-4 road)60’x30’5
6.Sector 45-D(on V-4 road)120’x30’10
7.Sector 36-D120’x30’10
8.Sector 38-D60’x30’5
9.Sector 46-C84’X30’7
Section 117, Motor Vehicles Act’ 1988 
Parking places and halting stations: The State Government or any authority authorized in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.
Rule 196, Chandigarh Motor Vehicle Rules’ 1990
Parking Places: -Subject to provisions of rule 201, a District Magistrate may, subject to the control of the State Transport Authority concerned and after consultation with the Superintendent of Police and the local authority having jurisdiction in the area concerned, make orders appointing parking places and stands for motor vehicles.
Provided that no place which is privately owned shall be appointed as a parking place or a stand except on application by or with the written consent of the owner.
Rule 201, Chandigarh Motor Vehicle Rules’ 1990
Consideration governing the location of stands: In deciding whether to grant permission for the use of any place as a stand, the District Magistrate shall have regard the following maters namely :-
(a) the interests of the public generally and the efficient organization of transport system;
(b) the suitability of the site from the point of view of traffic control;
(c) the avoidance of annoyance to persons living or having property in the locality;
(d) the suitability of the site in relation to other stands in the same town ; and
(e) any other consideration that may appear to be relevant.

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:

  • Do not slam on the brakes or pull over suddenly. Check your rear-view mirror; look in front and on both sides of your vehicle. React quickly, but calmly before pulling over and use your turn signals.
  • On a two-way road, traffic travelling in both directions must pull over and stop as close as possible to the left-hand side of the road and clear of any intersection.
  • On a one-way road with more than two lanes, stop as close as possible to the nearest edge of the road and clear of any intersection.
  • Wait until the emergency vehicle has passed. Stay alert and look for more than one emergency vehicle approaching. Check to make sure the way is clear and signal before merging back into traffic.
  • On multi-lane highways, many times an emergency vehicle will use the shoulder of the road if all the lanes are blocked. Don't block the shoulder.
  • Never follow or try to outrun an emergency vehicle.
Pedestrians and cyclists are also required to get out of the way for an emergency vehicle. Cyclists must pull as far to the left as possible. Pedestrians on or crossing the road must get off the road as quickly as possible. Do not cross in front of an emergency vehicle - stay on the sidewalk or at the side of the road until the emergency vehicle has passed.
 
Take sirens and lights seriously. 
Let police, fire and ambulance vehicles through!


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.'