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Traffic Legal Aid

INTRODUCTION

It is pertinent to note that Traffic Legal Rules are one of the most important rules that are in violation, most of the times by both the citizens and the Traffic Police. That is why it becomes important to be acknowledged these rules and some facts that might lead to violation of the basic rights of both citizens and the authorities. It is evident that the instances wherein people might be violating the traffic rules are augmenting with the increase in the level of traffic-on-roads. The idea is not to be acquainted by any law books to have the basic traffic legal aspect through law books, and statutes. These are just simple rules and regulations that also act as guidelines towards your distinct actions as per norms of the roads.

KEEPING IN MIND THE NECESSITIES

It is to be noted that most of the rules are totally ordained by the Motor Vehicles Act of 1988. However, it does not need an arduous interpretation of its provisions, the same is manageable on the reader’s end.

The traffic rules as per Section 3, the basics of the traffic rules emerge. The section simply states the necessity of having a driving license or an instructor (carrying a valid license), to guide the driver of any given vehicle. As we turn around the pages of the act, the whole code of conduct of traffic norms can be seen. It is advised for the drivers, and in fact every citizen to be in cognizance of these major rules, and provisions, provided as per the act. Some of these are mentioned below.

    • Wearing a helmet is a law that has not actually made a legitimized legal impact at some places of the nation. However, it is to be noted that even for the shortest distances, the rider of a two-wheeler vehicle should use helmets to cover his head. The same goes for the passenger. As per Section 129 of the Act, wearing helmet is a necessary pre-requisite to for two-wheeler riders, and their passengers. Moreover, Section 128 of the act limits the passenger upto two on a particular vehicle. However, infants and children can be accommodated.
    • It is to be noted that if a traffic police officer, has ordered you to stop for any enquiry, you have to stop your vehicle, and attend to his queries. But is to be noted that No power is to be given to the Traffic Police Officer, to snatch your keys forcefully, as it is legal and at the same time, actionable in the court.
    • Moreover, it can be seen many a places, wherein Police Officers (wearing Khakis, and not the Traffic Police) are stopping people for traffic laws. It can be rightly pointed out that No such power is vested with Police Officers, to stop people, and to take actions as per the Traffic Police Officers.
    • It is advisable to negate the usage of alcohol while driving. However, there is some limit to it, while driving. A driver, as per the Motor Vehicles Act, section 185 (read with 202) if found with 30 gm of alcohol, in his 100 ml blood sample, shall be subjected to arrest without warrant. Along with it, he/she may be liable to imprisonment or fine, or both.
    • Furthermore, racing and speeding cars, are also seen on empty roads at night. It is highly advisable that despite nightfall, no such speeding or racing is allowed as per the Act, as it is both subjected to imprisonment or fine.
    • It is important to note that proper documentation of the given vehicle should be carried along, if riding or driving the vehicle, as the lack of these documents might be punishable as under the laws. Moreover, it is recommended to drive/ride insured vehicles, as it also might lead to the similar repercussions as stated above.

It can be devised that these regulations are not in contravention to any liberty, or in violence of any fundamental rights, or religious rights. These regulations are simply sanctioned by the government in order to protect the mishaps and other road-accidents that may not only intrude the lucrative flow of traffic but also to avoid deaths, and other hazardous mishaps in the flow of traffic.

CONCLUSION

The dichotomy of “what is legal” or “what is illegal” as per the traffic rules and regulations is quite vast than what one expects it to be. Therefore, it is advised to read the provisions and the guiding regulations provided as per the road and traffic control authorities, and to have a bit cognizance of any new law or any such ordinance that has been mandated. The idea is not only to be fully equipped with lawful actions of driving, but is also to protect the rights of both citizens and the authority in order to maintain law and order in the society, and smooth functioning of traffic on roads.

Written By:

Lakshya Sharma

(Intern at Prime Legal)

Article Reviewed By:

Riti Gupta

(Legal Assistant, Prime Legal)

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