[Beemer1077]

We all know that safety is a necessity, not an option. Which means that some laws the are enforced against motor vehicles are for everyone's safety.

However, law enforcement can sometimes misuse power against those who do not even fall into that section. Which means that bicycles do not come under the Motor Vehicles Act. Despite this, traffic cops still impose penalties against bicyclists as per Motor Vehicles Act, which is unauthorized, illegal, and unconstitutional.

Regarding that, there are some roads in India where bicycles are not allowed and not supposed to ride on. These are mostly expressways. But to ban them on internal city roads, is not only unfair, it is also illegal if it is not authorized - this has been in Kolkata, where it is illegal to ride a bicycle on some roads, only because they cause traffic congestion. It sounds totally absurd.

Furthermore, be it on Bandra-Worli Sea Link, Coastal Road, Atal Setu, or Eastern Freeway, Mumbai Police imposes heavy penalties against bicyclists, which are neither mentioned on their website, nor on the Motor Vehicles Act. Not only is this illegal, it is also unconstitutional. If someone refuses to pay the penalties, the bicycle tires are either deflated, or the bicycle is seized/impounded and towed illegally by traffic cops. Not only this is a gross violation of basic civil rights, it is also police misconduct.

Therefore, to all bicyclists, next time cops do something to you on bicycles, record it and file a PIL in courts. This will serve them right. The protests in Kolkata were suppressed, but we all can make life hell for authorities in a different manner.

https://www.firstpost.com/india/kolk...s-1321891.html

https://www.telegraphindia.com/my-ko...ts/cid/1842193

[alpha1]

Originally Posted by Beemer1077

Furthermore, be it on Bandra-Worli Sea Link, Coastal Road, Atal Setu, or Eastern Freeway, Mumbai Police imposes heavy penalties against bicyclists, which are neither mentioned on their website, nor on the Motor Vehicles Act.

While I am not again the spirit of your post, I believe the aforementioned roads clearly mention at the starting that Bicycles are allowed. Therefore, ideally there shouldn't be a scenario of someone being caught and fined or tyres deflated because he/she shouldn't be present on such road.

Next, the debatable point about why they are not allowed. I understand that out of all countless roads, avenues, streets, margs, lanes, etc in the crowded metropolis of Mumbai, the above 3-4 roads are the only ones you are assured of > 60 kmph speed of all the traffic all the time.

Slower moving vehicles like bicycle, three wheelers, goods vehicles, bullock carts are not allowed on any of these not just because of possibility of general slow down and congestion of traffic, but also because the other high-speed traffic is a safety hazard to people in/on such a vehicle. There is no separate lane for low-speed traffic on these roads.

Why do we want to increase the risk of injury/death to these people by allowing entry?

[ninjatalli]

Originally Posted by Beemer1077

It sounds totally absurd.

It's not absurd. It's being considerate of preventing situations that could turn out into much bigger problems. As a cyclist, I would love to cycle on the Worli sea-link or the expressways. As a car owner, I would be extremely concerned seeing cyclists on such roads.

Do remember once they allow one cyclist, all cycles would be allowed. So it's not only the serious / fast riding cyclists who will zip through these roads at high speeds.

- That would include leisurely riding folks who, without a concern in the world, at times would be riding in pairs or sets of 3 cycles in parallel. These also would be stopping to take selfies and videos; or even doing it while riding. (something I see a lot of my serious cycling friends do on a daily basis).

- And then you'd have the lower income group who use cycles for their daily mode of transport; that's a pretty large group.

I don't know which internal roads in Kolkata you are talking about; but across Mumbai & Bangalore; there are a fair number of such roads where cycles are not allowed. The signage is displayed quite prominently and for good reason.

[anandhsub]

The MVA act ( 2019 amendment) clearly says

“(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways"

Non mechanically propelled = non motorized vehicles. ie bicycles

[Beemer1077]

Originally Posted by anandhsub

The MVA act ( 2019 amendment) clearly says

If this is true, then police personnel cannot impose any penalties above Rs. 100, as bicycles do not require a license to ride. But as it may seem, cops impose fines of any amount they want, like 1000, 2000. This is not only incensing corruption and bribery, this is unconstitutional, and is as good as extortion.

Refer this : https://timesofindia.indiatimes.com/...w/63756026.cms

The article clearly mentions that present laws do not allow penalties above Rs. 100 for bicyclists.

Originally Posted by alpha1

While I am not again the spirit of your post, I believe the aforementioned roads clearly mention at the starting that Bicycles are allowed. Therefore, ideally there shouldn't be a scenario of someone being caught and fined or tyres deflated because he/she shouldn't be present on such road.

If there is no separate lane for us bicyclists, then it is a Government/Authority problem, not ours. Even if we ride on roads where bicycles are allowed, there are traffic cops who pull-over bicyclists for offenses like lane violation, speeding(absurd indeed as it is less than 25 km/h or 15 mph), or haphazard parking(I have had a moment where some idiot cop towed my bicycle once for next to a no parking sign, thinking it was a 2W - the cop refused to apologize, so I had to report it to his superior)

Originally Posted by ninjatalli

It's not absurd. It's being considerate of preventing situations that could turn out into much bigger problems. As a cyclist, I would love to cycle on the Worli sea-link or the expressways. As a car owner, I would be extremely concerned seeing cyclists on such roads.

These roads of Kolkata have a bicycle ban - Park Street, Shakespeare Sarani, Red Road, Camac Street, B B D Bag (North, South and East), Council House Street. The order is illegal as it was never approved by the State Government.

Mod Note: Please use multi-quote when responding to multiple posts

[anjan_c2007]

The facts are clear and the police does not have the mandate to effect their own notification/ order banning bicycles from the specified streets in Kolkata. Vide the media report and as per the Section 4 (2) of the West Bengal Traffic Regulation Act, 1965, the order by the police has to be approved by the state government within two months that has not been done. The police is on a sticky wicket with an infructuous order in this specific case. And many governments act as sugar daddies during elections.

But the contention that bicycles and other classes of non, self- propelled vehicles, not covered under the Motor Vehicles Act cannot be subject to police action is not true. Such offences can be booked under Section 268 of the IPC under public nuisances. Hence under this section stray cattle owners, cyclists who create nuisance in public places, bullock carts, hand carts, cycle rickshaws and even the two wheeler EV's with less than maximum 25 kmph (not covered under the M V Act) and other such non, self -propelled vehicles creating public nuisance are liable to be booked.

Section 268 of IPC (Public Nuisance)
A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.A common nuisance is not excused on the ground that it causes some convenience or advantage.

They can also apply Section 283 of the IPC in certain such cases viz. Causing danger, obstruction or, injury in any public way or line of navigation.

Hence, if any such non, self-propelled vehicles or objects are not covered under the M V Act we need not be sanguine that no action as such can be taken by law enforcers.

[Beemer1077]

Originally Posted by anjan_c2007

The facts are clear and the police does not have the mandate to effect their own notification/ order banning bicycles from the specified streets in Kolkata. Vide the media report and as per the Section 4 (2) of the West Bengal Traffic Regulation Act, 1965, the order by the police has to be approved by the state government within two months that has not been done. The police is on a sticky wicket with an infructuous order in this specific case. And many governments act as sugar daddies during elections.

But the contention that bicycles and other classes of non, self- propelled vehicles, not covered under the Motor Vehicles Act cannot be subject to police action is not true. Such offences can be booked under Section 268 of the IPC under public nuisances. Hence under this section stray cattle owners, cyclists who create nuisance in public places, bullock carts, hand carts, cycle rickshaws and even the two wheeler EV's with less than maximum 25 kmph (not covered under the M V Act) and other such non, self -propelled vehicles creating public nuisance are liable to be booked.



They can also apply Section 283 of the IPC in certain such cases viz. Causing danger, obstruction or, injury in any public way or line of navigation.

Hence, if any such non, self-propelled vehicles or objects are not covered under the M V Act we need not be sanguine that no action as such can be taken by law enforcers.

Okay. Let's say that whatever you have mentioned is true. But what are the penalties listed, and where? The Motor Vehicles Act has clearly mentioned penalties for various offenses on motor vehicles. But there are no penalties stated for non-motorized or self propelled vehicles. Which means that cops can extort as much as they can from bicyclists, be it Rs 1000 to even 10000. Without proper orders drafted by the lawmakers, cops are misusing power and apparently imposing penalties as per their liking. And even though the maximum the cops can impose on bicyclists is Rs 100, how many of them follow it? This kind of accountability is not there. I hate to say it but if I ride a bicycle on Bandra Worli Sea Link and cops penalize me Rs 10000, I will not pay a single penny, and drag the entire department to court, because this is clearly an extortion attempt; if it was mentioned anywhere(be it signboards or official website) that penalties are Rs 100, 200, 500, or even a 1000, then I will pay the fine or appeal in court for benefit of doubt. Furthermore Mumbai Police website does not mention a single penalty against bicycles, it is only for cars and two-wheelers.

This is not just for riding on prohibited roads, it is also for other offenses, such as pedaling under influence, hit-and-run, pedaling recklessly(by doing stunts), or lane discipline violation. If there are no penalties by Government orders drafted, it only gives cops more immunity to extort from bicyclists, with worse case scenario being that cops impound and tow away the bicycles.

I feel that if penalties are to be set for bicyclists, it should come from only the Government, or cops should first get an approval from them. Then only these penalties against bicyclists are legitimate. Otherwise, it is another form of corruption by extortion and harassment of bicyclists, be it daily-wage earners, or school students.

[ebonho]

Originally Posted by Beemer1077

We all know that safety is a necessity, not an option. Which means that some laws the are enforced against motor vehicles are for everyone's safety.

I don't know when you moved out of Poona, but here now the Pune University authorities have banned bicycles. Auto can freely zig zag around like maniacs, no problemo. But cyclists gave been deemed a hazard (apparently one knocked a professor down on his evening walk) and completely banned from the premises of the entire campus.

Cheers, Doc

[maheshm619]

Originally Posted by Beemer1077

Which means that some laws the are enforced against motor vehicles are for everyone's safety.

However, law enforcement can sometimes misuse power against those who do not even fall into that section. Which means that bicycles do not come under the Motor Vehicles Act. Despite this, traffic cops still impose penalties against bicyclists as per Motor Vehicles Act, which is unauthorized, illegal, and unconstitutional.

Lately, I've seen a lot of pics of people rollerskating / practicing on highways. The above pic is from a flyover/ bridge. I've also seen a similar post of some highway in NCR where kids in a group of 20-30 were trailing behind a car and rollerskating. They do not fall under MV ACT, but as your post says "some laws the are enforced against motor vehicles are for everyone's safety".

But banning cycles in internal roads in cities seems to be an act of greed than safety.

[Beemer1077]

Originally Posted by ebonho

I don't know when you moved out of Poona, but here now the Pune University authorities have banned bicycles. Auto can freely zig zag around like maniacs, no problemo. But cyclists gave been deemed a hazard (apparently one knocked a professor down on his evening walk) and completely banned from the premises of the entire campus.

Cheers, Doc

Oh I know that situation and have been there. Rickshaw drivers many a times, do not follow rules, and this is true, with this fact about zig-zag riding inside the University Gates. Pune is neither cycle-friendly, nor pedestrian friendly. Several times when I pedaled on Lakdi bridge, during school days, I have had traffic cops stop me and tried to deflate my tires, but feigning ignorance and showing school ID helped me with just a warning.

Originally Posted by maheshm619

Attachment 2608416

Lately, I've seen a lot of pics of people rollerskating / practicing on highways. The above pic is from a flyover/ bridge. I've also seen a similar post of some highway in NCR where kids in a group of 20-30 were trailing behind a car and rollerskating. They do not fall under MV ACT, but as your post says "some laws the are enforced against motor vehicles are for everyone's safety".

But banning cycles in internal roads in cities seems to be an act of greed than safety.

That roller-skating is a safety hazard indeed, and in such situations, cops should stop them and call their parents to let them know what they are up to. Penalizing those kids will not solve the problem, but rather explaining them the risks will.

As for your statement of greed to ban bicycles on internal roads, it is 100 % true. What has been going on in Kolkata is not for effective traffic management, but rather to mint more dough from bicyclists with their absurd bans. To penalize them, here is one tactic they are using - while Kolkata cops are not using the Motor Vehicles Act, they are instead using their Calcutta Suburban Police Act. The bans on these roads were also not approved by the State Government, yet cops continue to impound bicycles or penalize riders. The Kolkata cops also use this Police Act to penalize bicyclists riding drunk(where if permissible alcohol level is higher as per Section 185 of the Motor Vehicles Act), or for performing stunts.

https://www.telegraphindia.com/my-ko...ts/cid/1842193

In Gujarat however, on one instance, a cop fined a bicyclist for riding on the wrong side, but the penalty issued mentioned the Motor Vehicles Act, instead of using their State Police Laws. The citation under Motor Vehicles Act mentioned dangerous driving, which is not applicable to bicyclists. Honestly, if someone does face this situation, then he can avoid paying the penalty citing this loophole, as Motor Vehicles Act has no penalties against bicyclists unless an amendment is approved.

https://timesofindia.indiatimes.com/...w/83013631.cms

One of the most absurd moments I saw was when Chandigarh Police fined bicyclists for not having mirrors. Now bicycles do not come with mirrors, so what can riders do?

https://timesofindia.indiatimes.com/...w/48120463.cms

Honestly, Central Laws should supersede State laws in some matters, but if there are no laws existing or that people do not know about it, then it is the duty of the Government and law enforcement officers to make citizens aware through media. By not doing this, citizens can face entrapment in such situations. Therefore, with no written laws against bicyclists, and penalties also listed nowhere, cops penalizing bicyclists is in fact, illegal and unauthorized.

[Freespirit27]

Everything cannot be laid down in laws. Even one of those unregistered EVs puttering along in narrow single lane roads, becomes a nuisance to traffic being blocked behind them. I'm an avid cyclist but I would never want to get run-over by a speeding maniac or even a regular motorist getting weighed down by a slow moving traffic. There are speeds of traffic to be maintained and till such time cycling lanes are facilitated we should abide by the road sense required. Your safety should be your priority and while the cop maybe making money, he's just trying to reduce the possibility of trouble!

[Beemer1077]

Originally Posted by Freespirit27

Everything cannot be laid down in laws. Even one of those unregistered EVs puttering along in narrow single lane roads, becomes a nuisance to traffic being blocked behind them. I'm an avid cyclist but I would never want to get run-over by a speeding maniac or even a regular motorist getting weighed down by a slow moving traffic. There are speeds of traffic to be maintained and till such time cycling lanes are facilitated we should abide by the road sense required. Your safety should be your priority and while the cop maybe making money, he's just trying to reduce the possibility of trouble!

Any sane bicyclist will follow traffic rules, and we all know that. But some absurd rules being enacted in the name of traffic flow is neither justified, nor given any approval by State Government. Therefore the ruling by Kolkata Police to ban bicycles on certain streets, and imposing penalties/impounding bicycles for that is illegal, and they should be facing civil suits for such misconduct against bicyclists.

Furthermore, cops cannot impose any penalties above Rs 100 for bicyclists because they do not require licenses. What happened in Gujarat for which penalty was Rs. 400 is also illegal and extortion for pedaling on the wrong side of the road. He should have only been penalized Rs. 100.

[Freespirit27]

You should not combine multiple issues here. My singular point is cycles or for that matter unsafe vehicles ( for the safety of riders or drivers) in lanes like highways and sea bridges causing danger/nuisance to regular motorists paying road tax.
Let us not mix bylanes and walkways into the same ambit.
Kolkotta's case might have unique points or not. Amount is again based on rules. A (25-1.5lac upward costing) hobby/enthusiast/ training cyclist violation is different from a daily cyclist commuting and his/her travails. Country/state wide PILs is not a solution is my limited point. Meet the higher police officers as a community if it is required.

[ebonho]

Those skaters are not at fault. They are kids. They are accompanied by adults (coaching staff, usually pacing them on motorcycles). Skating is a serious sport and we see these state level junior skaters train like this in Poona as well. The adult coaches should be caught and given a dressing down. The kids are simply following them. And oftentimes even parents are there. Dads looking on. Moms with water bottles and dabba. Surely they should know better.

Cheers, Doc

[Beemer1077]

Originally Posted by Freespirit27

You should not combine multiple issues here. My singular point is cycles or for that matter unsafe vehicles ( for the safety of riders or drivers) in lanes like highways and sea bridges causing danger/nuisance to regular motorists paying road tax.
Let us not mix bylanes and walkways into the same ambit.
Kolkotta's case might have unique points or not. Amount is again based on rules. A (25-1.5lac upward costing) hobby/enthusiast/ training cyclist violation is different from a daily cyclist commuting and his/her travails. Country/state wide PILs is not a solution is my limited point. Meet the higher police officers as a community if it is required.

There is nothing unique about Kolkata's case. It is just a way to harass bicyclists, be it daily wage earners, delivery agents, or worse, school students who commute on bicycles. And regarding your point that amount of penalty is based on rules, since the current laws do not allow penalties above Rs. 100 for bicyclists, it applies to all violations. And this is mostly because bicycles do not require license.

If bicycle lanes are built on sea-bridges, then it solves the issue. To reiterate, there are sea bridges worldwide that have separate bicycle lanes. In fact on the Bandra Worli Sea-Link, Mumbai Police does allow bicycles once a year on World Environment Day, so why not make it permanent?