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Old 1st March 2012, 20:47   #46
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

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Originally Posted by scopriobharath View Post
Ashley, If i were to use the phone while the vehicle is in standstill, this feature really would not do justice as i could use the phone the conventional way.
Then there is no use of regular BT device for phone, when we speak at home/office as we don't do any big job at that time.
Dear this is only on a lighter note. No offense
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Old 2nd March 2012, 09:24   #47
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

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Originally Posted by scopriobharath View Post
Guys - one question -

If one is speaking on a BT Phone or using the BT integrated HU like in Hyundais, Tatas and Toyotas et all, will we still be fined.

In simple terms, If i have paired my BT Phone with the HU and the cop just notices my lip movement from outside, will this still call for a fine as a violation ? Since this is a Factory fit, is it not right to assume that all factory accessories / features are legal?

Example a flame thrower is illegal as per ARAI. So if BT Phone is illegal, Why did ARAI approve the BT feature for Hyundais, Tatas, Toyotas et all.

Thoughts ?
Bharath,

I had the same question and you beat me by posting it here.

As per article on today's Hindu, Official has commented that Bluetooth is not allowed. Infact it has been newly added.

"The only new offence included to the old list is use of mobile phones or any appliance enabled with transmission or reception of signals by way of wire or other electromagnetic mission. Using these will attract a fine of Rs. 500 for the first offence, and Rs. 2,000 subsequently, the maximum being Rs. 5,000. The smart card driving licence will enable recording of the offence"

The Hindu : News / National : Hefty penalty coming for driving offences
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Old 2nd March 2012, 10:50   #48
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

While I do not have a problem with higher fines for offences, obviously under our generally corrupt systems, it will become a nightmare.

Add to that the subjectivity of 'rash' / 'dangerous' driving, we will all become bankrupt or will have to sit in jail just because one did not oblige the cop.

We all must write to the powers that be that rash / dangerous driving must be proved by video, otherwise that offense cannot be imposed.

As others have said, the moment you try and argue your case, the cop starts to add all sorts of offences and you have no recourse, especially if driving alone.
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Old 2nd March 2012, 10:57   #49
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Till yesterday, I was of the opinion speaking on mobile while driving was fined Rs 1000 in Chennai.

But after the new proposed fine list. Talking on mobile would be charged Rs 500 for the first offense ( which is 5 times of current fine).

Also another article I read says that it is upto the State Govt to implement the fines and the fines cannot exceed the proposed amount.

Which means that so far the Police / Govt was charging exorbitant( Non-Official) fines till date ?
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Old 2nd March 2012, 11:13   #50
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Wonder if this law (i.e. seat belts) is applicable to only private vehicles. If not, then what about the old black-yellow taxis who haven't remotely heard of a seat belt concept.

What happens if I own an old Padmini which did not have any provisions for seat belts? Can I be fined then?
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Old 2nd March 2012, 11:54   #51
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Good move under table or official if the penalty increases people will fall in line. This is the first move, now people will start following laws, teach their children to follow laws, eventually if majority are following law the rouge drivers will fall in line.

For example, very often at a red light its the auto guy/taxi guy or one rouge driver who jumps it and rest follow without even thinking. Now if the fine is more he will need to be caught only once or twice to realize its not worth it. Right now bribe of 50 bucks has no value its even less then a liter of fuel. Now imagine him having to pay 200 instead!

However this does highlight governments failure in having stringent tests while issuing licenses and spreading proper awareness.

But 2 wrongs don't make one right and this is a step in right direction. Regarding bribes, don't pay them pay the fine next time, charity starts at home.
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Old 2nd March 2012, 12:34   #52
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Revision of the compounding fees was long overdue. Please note that you are free to contest a charge before a magistrate's court, it is up to the traffic police to prove that you committed the offence. It's not worth it for Rs. 200, but IMHO, it's definitely worth it for Rs. 5000. If enough people contested the imposition of unjustified charges by traffic policemen, I'm sure they would no longer consider it as an easy way of making money.

The one other necessary thing that appears to be missing is severe penalties for driving without a valid DL complemented by a strict driving test (both theory and practical)for issuance of driving licences with a provision that existing DL holders would have to pass the test or their licences would be suspended.
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Old 2nd March 2012, 13:15   #53
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Supposing enough people fall in line and either start paying fines in full or driving sanely leading to dramatic fall in income of cops - then does it mean at some point cops might lower their demands, come back to todays levels and subsequently things come back to todays levels again in terms of traffic offenses? I am sure lot of people commit traffic offenses because the cost is too less (in monetary terms, it is another issue altogether if there is an accident) and there is a "thrill" in breaking the law.

Just hypothesizing.
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Old 2nd March 2012, 13:43   #54
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Quote:
Originally Posted by scopriobharath View Post
If one is speaking on a BT Phone or using the BT integrated HU like in Hyundais, Tatas and Toyotas et all, will we still be fined.

In simple terms, If i have paired my BT Phone with the HU and the cop just notices my lip movement from outside, will this still call for a fine as a violation ? Since this is a Factory fit, is it not right to assume that all factory accessories / features are legal?
Only passengers can use BT. Driver can not.

Law is quite clear on this. If a driver is alone in the vehicle, phone can not be operated in any manner (including hands free/ BT).

FAQ on Mumbai Police website:

Quote:
FAQ REGARDING USE OF MOBILE PHONE WHILE DRIVING

Q) Can I use mobile phone while driving?

As per rule 250 (A)(1) of Maharashtra Motor Vehicle Rules 1989, use of mobile phone is prohibited by driver while driving or riding a motor vehicle (including two wheelers).

Q) Can I keep my mobile phone switch on while driving?

If you are alone in the car, you shall switch off your mobile phone while driving any motor vehicle.(Section 250 (A)(2) of M.M.V.R.1989)

Q) Can I use hands-free or any other accessories of mobile phone while driving?

No. (As per rule mentioned above.)

Q) Can other occupants of the motor vehicle use mobile phone?

Yes. Other than driver, occupants of the motor vehicle can use mobile phone.

Q) After receiving call or sms on mobile phone, Can I park my vehicle and use mobile phone?

No. As per rule mentioned above, mobile phone should be in switched off mode while driving.

Q) What is fine or penalty for using mobile phone, while driving?

As per section 177 of Motor Vehicle Act, 1988, using mobile phone while driving fine is Rs.100/-. But, if it causes further inconvenience or is hazardous to the road users, then the driver may be fined for negligence driving, for which fine is Rs.1000/- and compounding fee is Rs.500/-.

Q) Can I get refund on fine?

If a fine is recovered as a cash bail deposit and if you appear in the court, it may refunded or deposited as per court order. If cash is taken, as a compounding fee, then it is non-refundable as the case it self is disposed off on the spot. (Sec.200 of M.V.Act1988).

Q) If I don't have money to pay fine, what is the procedure?

As per Sec.206 (2) of M.V.Act, 1988,if you will not pay fine, your driving license may be impounded in lieu of temporary license permit, which is issued by the official handling the matter.

Q) If I am a doctor; can I use my mobile phone in an emergency while driving?

No. Exemption is not given to any one in the M.V.Act or Rules regarding this and all are same in front of law.
Mumbai Traffic Police
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Old 2nd March 2012, 13:53   #55
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

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Originally Posted by NetfreakBombay View Post
Only passengers can use BT. Driver can not.

Law is quite clear on this. If a driver is alone in the vehicle, phone can not be operated in any manner (including hands free/ BT).

FAQ on Mumbai Police website:

Mumbai Traffic Police
I think the rule that the driver has to switch off their phone while driving is pretty stupid. There are numerous incidents each day where people have to call friends/family/police/emergency services. When time is of the essence, it is silly to force people to have to switch on their phone before being able to call or receive a call.

For example, when there were the terrorist bomb blasts in Bangalore, I called my wife and told her to stay away from the affected areas - to remain in office. She was driving at the time, and would not have received the communication if her phone was switched off.

IMHO the government should implement the no speaking while driving rule, but parking the vehicle on the side of the road and calling/receiving a call should be fine. Typically short-sighted rule.
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Old 2nd March 2012, 13:56   #56
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

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IMHO the government should implement the no speaking while driving rule, but parking the vehicle on the side of the road and calling/receiving a call should be fine. Typically short-sighted rule.
You can park the vehicle on road and make the call. You need to turn off ignition.

Rule states that either the engine or the mobile must be switched off.
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Old 2nd March 2012, 14:21   #57
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

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You can park the vehicle on road and make the call. You need to turn off ignition.

Rule states that either the engine or the mobile must be switched off.
Ok, but how about in the scenario I mentioned in my last post? I wouldn't have been able to contact my wife at all if her phone hadn't been on. She was driving at the time, which is why I wanted to contact her and tell her which areas to avoid. Still feel it is pretty short sighted of the government, not to mention silly.
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Old 2nd March 2012, 15:18   #58
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Another aspect in all this which is especially galling that it is presumed motorists are the guilty party without even any application of mind. In any accident, the driver is almost always arrested. Of course unless it is the minister's driver or relative.

What about the pedestrian. I suggest that strict fines be imposed on all road users, including pedestrians for jaywalking. One sees nice footpaths, but people are still walking on the road or darting across the road against the signal. Children playing on the roads, etc.

Simple things like proper brake / tail lights, no encroachments on footpaths, proper road design, etc. will go a very long way in actually preventing loss of life than such fines which will only line somebody's pockets. Then I may as well drive a bullock cart.

e.g. It has been found that maximum loss of life happens on the 2 lane Mumbai - Goa highway. It is due to the nature of the road. It must be made into a proper segregated highway with service roads, underpasses, crossings, etc. But since 20 years the govt. has not done anything about it.
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Old 2nd March 2012, 15:29   #59
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

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What about the pedestrian. I suggest that strict fines be imposed on all road users, including pedestrians for jaywalking. One sees nice footpaths, but people are still walking on the road or darting across the road against the signal.
Jaywalking attracts a fine of Rs 100, hope that is increased as well.
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Old 2nd March 2012, 15:32   #60
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Default Re: New Motor Vehicles Act: Stricter penalties- Now Cabinet-Approved!

Do they have exception to govt vehicles or law enforcement vehicles for use any electromagnetic transmission/reception?

As mentioned, they should fine if someone is talking not for keeping the phone switched ON.
Phone providers should then add urgency level for a call from known sources that can tell people to stop and call back (cant answer)

Last edited by srishiva : 2nd March 2012 at 15:34.
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