Pedestrians and Non-motorized Traffic (2) | Legal Reforms to Combat Road Accidents | Law Commission of India Reports | Law Library

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Report No. 234

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the removal and the safe custody of the vehicles including their loads which have broken down or which have been left standing or have been abandoned on a highway;

(b) the use of weighing devices;

(c) the determination, maintenance and management of parking places for the use of vehicles and animals and the fees, if any, which may be charged for their use;

(d) prohibiting the use of foot-paths or pavements by vehicles or animals;

(e) subject to specified conditions the segregation to any specified part of a highway of specified classes and descriptions of vehicle or animal traffic;

(f) prohibiting or restricting the use of audible signals at certain times or in certain places;

(g) regulating the loading of vehicles and in particular limiting the loads carried in relation to the size and nature of the tyres fitted;

(h) a right of way for ambulances and fire brigade vehicles;

(i) prohibiting the use of devices designed to prevent the rotation of any wheel of a vehicle;

(j) the control of animals likely to frighten other animals or pedestrians;

(k) the control of children on highways;

(l) prohibiting the riding by more than two persons at the same time on cycles other than cycles designed for the purpose;

(m) prohibiting the riding of more than two cycles abreast;

(n) limiting the age of drivers of vehicles;

(o) the inspection of loads carried on vehicles and animals;

(p) the use of nose-ropes for animals;

(q) regulating the driving of vehicles and animals at night;

(r) regulating the use of highways by pedestrians;

(s) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic;

(t) any other matter which is to be or may be prescribed.

(3) The rules made under this section shall take effect on such date as may be specified in such rules and such date shall not be earlier than one month from the date of the publication of such rules in the official Gazette."

Section 15. General provision regarding construction and maintenance. "Every vehicle used on a highway shall be so constructed and maintained as to prevent danger or inconvenience to persons using that vehicle and other road users."

Section 16. Power to make rules for construction, equipment and maintenance of vehicles. "(1) The State Government may, after previous publication, by notification, make rules regulating the construction, equipment and maintenance of vehicles used on highways and public places, and different rules may be made for different areas of the State.

(2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing any of the following matters either generally or in respect of public vehicles of a particular class or description or in particular circumstances, namely:-

(a) the width, height and length of vehicles;

(b) the size, nature and condition of wheels and tyres;

(d) lamps and reflectors;

(e) warning devices;

(f) the inspection of vehicles by prescribed authorities;

(g) regulating the particulars exhibited on vehicles and the manner in which such particulars shall be exhibited."

Section 17. Power to make rules for control of public vehicles. "(1) The State Government may, after previous publication, by notification, make rules for regulation of the use of public vehicles, and different rules may be made for different areas of the State.

(a) the issue, renewal, modification or cancellation of permits and the transfer of permits from one person to another;

(b) the issue, renewal or cancellation of driving licences;

(d) ...

(e) the documents, plates and marks to be carried by public vehicles, the manner in which they are to be carried and the language in which such documents are to be expressed;

(f) the badges and uniforms to be worn by drivers;

(g) the fees to be paid in respect of permits, driving licences, duplicate copies of permits or driving licences, plates, badges, and appeals preferred under this Chapter;

(h) the production of permits and driving licences before specified officers for purposes of inspection;

(i) the conduct of persons licensed to act as drivers of public vehicles when acting as such and the conduct of passengers in such vehicles;

(j) the limiting of the number of public vehicles or public vehicles of any specified class or description for which permits may be granted in any specified area, or on any specified route or routes;

(k) the fixing of maximum or minimum fares or freights;

(l) the maximum number of passengers or the maximum quantity of goods that may be carried in a public vehicle;

(m) the conditions subject to which passengers, luggage or goods may be carried in a public vehicle;

(n) the construction and fittings of and the equipment to be carried by public vehicles, whether generally or in specified areas or on specified routes;

(o) the safe custody and disposal of property left in public vehicles;

(p) the conveyance in public vehicles of corpses or persons suffering from infectious or contagious diseases or goods likely to cause discomfort or injury to passengers and the inspection and disinfection of such vehicles, if used for such purposes;

(q) the requirements which shall be complied with in the construction or use of any stand or halting place, including the provision of adequate equipment and facilities for the convenience of all users thereof, the fees, if any, which may be charged for the use of such facilities, the records which shall be maintained at such stands or places, the staff to be employed thereat and the duties and conduct of such staff, and generally for maintaining such stands and places in a serviceable and clean condition;

(r) requiring the person in charge of a public vehicle to carry any person tendering the legal or customary fare;

(s) the inspection of public vehicles including animals used to drive them;

(t) the records to be maintained and the returns to be furnished by the owners of public vehicles;

(u) the appointment, terms of appointment, jurisdiction, control and functions of authorities for the purpose of administering the provisions of this Chapter; and

(v) any other matter which is to be or may be prescribed.

Section 18. General provision regarding punishment of offences. "Whoever contravenes any provision of this Act or of any rule made thereunder shall, if no other penalty is provided for the offence, on conviction, be punishable with fine which may extend to ten rupees, or if having been previously convicted of any offence under this Act, he is again convicted of an offence under this Act, with fine which may extend to fifty rupees."

Section 19. Driving recklessly or dangerously. "Whoever drives a vehicle or animal on a highway at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of 72the case including the nature, condition and use of the highway or public place where the vehicle or animal is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the highway shall be punishable on a first conviction for the offence with fine which may extend to one hundred rupees and for a subsequent offence with fine which may extend to two hundred rupees."

Section 20. Power to arrest without warrant. "(1) A police officer in uniform may arrest without warrant,-

(a) any person who being required under the provisions of this Act to give his name and address refuses to do so, or gives a name and address which the police officer has reason to believe to be false, or

(b) any person concerned in an offence under this Act or reasonably suspected to have been so concerned, if the police officer has reason to believe that he will abscond or otherwise avoid the service of summons.

(2) A police officer or other authority arresting without warrant the driver of a vehicle or animal shall, if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary custody of the vehicle or animal."

Section 21. Summary disposal of cases. "(1) A court taking cognizance of an offence under this Act may state upon the summons to be served on the accused person that he-

(a) may appear by a legal practitioner and not in person, or

(b) may by a specified date prior to the hearing of the charge plead guilty to the charge by registered letter and remit to the court such sum as the court may specify.

(2) Where an accused person pleads guilty under clause (b) of sub-section (1) and remits the sum specified, no further proceedings in respect of the offence shall be taken against him."

Second Schedule. Driving Regulations.

"1. The driver of a vehicle or animal shall drive the vehicle or animal, as the case may be, as close to the left-hand side of the road as may be expedient and shall allow all traffic which is proceeding in the opposite direction to pass him on his right hand side.

2. Except as provided in regulation 3, the driver of a vehicle or animal when passing shall drive to the right of all traffic proceeding in the same direction as himself.

3. The driver of a vehicle or animal when passing may drive to the left of a motor vehicle or a vehicle or an animal the driver of which having indicated an intention to turn to the right has driven to the centre of the road.

4. The driver of a vehicle or animal shall not pass a vehicle travelling in the same direction as himself,-

(a) if his passing is likely to cause inconvenience or danger to other traffic proceeding in any direction;

(b) where a point or corner or a hill or an obstruction of any kind renders the road ahead not clearly visible.

5. The driver of a vehicle or animal shall not, when being overtaken or being passed by any class of traffic, do anything in any way to prevent the other traffic from passing him.

6. The driver of a vehicle or animal shall drive slowly when approaching a road intersection, a road junction or a road corner and shall not drive into or cross any such intersection or junction until he has become aware that he may do so without endangering the safety of persons thereon.

7. The driver of a vehicle or animal shall on entering a road intersection, if the road entering is a main road designated as such, give way to traffic proceeding along that road and in any other case give way to all traffic approaching the intersection on right hand.

8. The driver of a vehicle or animal shall.-

(a) when turning to the left, drive as close as may be to the left hand side of the road from which he is making the turn and of the road which he is entering;

(b) when turning to the right, draw as near as may be to the centre of the road along which he is travelling and cause the vehicle or animal to move in such a manner that-

(i) so far as may be practicable it passes beyond, and so to leave on the driver's right hand a point formed by the intersection of the centre lines of the intersection roads; and

(ii) it arrives as near as may be at the left hand side of the road which the driver is entering."

Third Schedule. Signals.

"1. When about to turn to the right or to drive to the right hand side of the road in order to pass another vehicle or for any other purpose, the driver of a vehicle shall extend his right arm or a whip if carried, in a horizontal position to his right outside the vehicle or otherwise so as to be visible from behind.

2. When the driver of a vehicle wishes to indicate to the driver of a motor vehicle or a vehicle behind him that he desires that driver to overtake him, he shall extend his right arm, or a whip if carried, horizontally to his right outside the vehicle or otherwise so as to be visible from behind and shall swing the arm or a whip, as the case may be backwards and forwards in a semi-circular motion."

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