By Royaldeen Shadap
The Motor Vehicle Act of 1988 governs all elements of road transport vehicles and covers the Act’s provisions such as traffic laws, insurance, registration, controlling permits and penalties. The Act came into effect on July 1, 1989 and the Government of India made amendments to the Act to further ensure that roads are safe. The same was passed by the Lok Sabha on April 10, 2017.
In line with these provisions, which combines all motor vehicle legislations and the concerns that come with it in relation to accidents that can perhaps be avoided, the amended Act will only achieve success when it is strictly followed by the public and all the concerned departments. The traffic division, too, which plays a formidable role, can set a seal on this.
Shillong is a city with several developments in progress alongside the formation of the New Shillong Township with improved infrastructure and other developmental projects. The city, often considered an educational hub and centre for trade and commerce is supplemented with other good profiles but is, however, behind certain protocols in ensuring road safety. Though the efforts of the traffic division to address the current traffic congestion in the city is commendable, the look-out on other matters including illegal tinted glasses, removal of signal lights and rear view mirrors from two-wheeler vehicles, non-installation of indicators in attachable trailer vehicles and installation of aftermarket loud exhaust systems are however disregarded even though several notifications of law and order have been issued vis-à-vis these issues.
At the outset, the issue related to illegal tinted glasses has been, over the years, a major concern in Shillong city. The Supreme Court in its order dated April 28, 2012 stated that black films on the front and rear windscreens that blocks light by more than 30% and tinted side windscreens by more than 50% is in contempt of court and liable to be prosecuted as per the regulations provided in the Motor Vehicles Act. A bench including Chief Justice SH Kapadia went by the prescribed limits with an additional 40% on front and rear windscreens and anything beyond it would be punishable. It is a serious concern as to why vehicles would require such unreasonably high percentages of tinted glasses which would unquestionably pave way for various crimes and illegal activities.
In Shillong city, cars with tinted glasses beyond the prescribed limits or beyond the ‘decent requirement’ are a common sight. A major section of private vehicle owners have abided by this law but some are enjoying the privileges of the unsupervised matter. Who is to be blamed when the exorbitant price and guise of the vehicle dictates the percentage of the tinted glasses? The concerned law enforcers seem to have their eyes closed on this matter because these vehicles carry an executive perspective or rather an administrative and authoritative image. In addition to this, the mere installation of a miniature Indian flag on the dashboard defines the profile of the car. Regulations have only been made on who can display the Indian flag on their cars, and Section IX of the flag code enlists that Constitutional Dignitaries can display the same. However, lawful orders on the installation of this simple decorative piece inside the car (on the dashboard) by vehicles bearing private registrations have been overlooked; since this representation of the tri-colour is not merely an act of patriotism but a utility as a personal privilege by many.
Another issue that results in frequent accidents is the removal of signal lights in two-wheeler vehicles. These selfish acts of some two-wheeler vehicle owners and riders blatantly ignores public safety and results in frequent accidents and at times, loss of life and property. The purpose of the signal light is to indicate the direction to be taken by the vehicle. However, the definition of ‘indication’ perhaps has a different meaning for these ignorant riders as they consider it as an act simply for themselves but not as an actual indication for vehicles behind and ahead of them. These individuals would rather choose to remove their hands from the steering and make signs with them, which is a risk to the rider, the pillion rider and is also an inconvenient way of indicating to the surrounding drivers and motorists. Is it a stop sign? An overtake sign? A greeting? Only they know what it is.
Above all, the removal of rear-view mirrors from two-wheelers in particular amplifies the risk of accidents. The purpose of this simple yet effective device is to prevent the rider from turning one’s head while switching lanes or taking a turn in traffic which would otherwise result in accidents. However, with the already existing risk in disposal (removal of signal lights), some riders will further remove these devices from their vehicles which according to them, makes their two-wheeler motor look better. What makes it worse is the fact that such owners of two-wheelers rarely face any consequences for removing safety accessories that were installed by the concerned motor company to ensure road safety. The ones who fall victim to such wayward driving suffer the consequences.
Motor vehicles with removable trailers in Shillong city have been a source of income for individuals who possess them in addition to the utility they provide for the beneficiaries. The city has many removable water tankers and carriers without which transportation would be crippled. There are, however, instances where these trailers have been the cause of accidents due to the negligence caused through the non-installation of indicators on them. Even though the indicators are attached to the main frame of the vehicle, the trailers however conceal these inbuilt indicators from the sight of drivers and motorists; thus, posing a serious threat to all commuters.
I recall a recent accident at Nongrim hills where a jeep along with its attachable water tanker intended to take a right turn towards Nongshiliang. As it approached the turn, the vehicle slowed down; and this resulted in another vehicle overtaking it. This is where the problem arises. The jeep along with its attachable water tanker had provided the indication. However, this was not visible to the vehicles from its rear end which resulted in what was fortunately a minor accident. We can only imagine the devastation if the same issue occurs on highways where vehicles stretch their speed limit to an uncontrollable extent; and I believe they have occurred in several instances and will continue to if this simple automobile matter is not addressed.
It is ironic too that some of these vehicles and some other private and commercial vehicles install additional lighting devices on their vehicles that are, yet again, beyond the decent requirement and its inappropriate usage even in the city and its local areas interferes with the vision of drivers and motorists to approaching vehicles. Yet the same vehicles will not consider taking up measures to install these much-needed indicators and would consider it as a complication due to the removable or attachable feature of their trailers. An Act should be introduced for the possible installation of indicators on these imperative wheels of utility which will further ensure the safety of roads in Shillong city and everywhere else.
Loud after-market exhaust systems have become a trend and an egoistic drive for many motorists who desire the feel and reverberation of the throttle. Even though these systems which are sold by automakers as an authorized accessory are not illegal as long as they meet the noise emission standards set by the government under the Motor Vehicle Act, they should however be illegal to be used on public roads since the noise emission (though in accordance with the MVA) of most systems are beyond the auditory range which is a great inconvenience to the general public. This is very common in Shillong city even though orders have been issued several times in the past to immobilize this issue. Late hour throttle of these systems is a disturbance to the local community and these culprits could not care less about it. These statements should not be confused with some stock exhaust systems which are decently and suitably tuned as per standards of the concerned company; but the racket of other after-market systems require an urgent solution.
All of these issues in Shillong city require urgent and strict supervision because they play a crucial role in promoting road safety and in ensuring the standard development of the city in line with motor vehicle regulations, protocols and adherence to them. Education and awareness programmes to promote responsible driving behaviour can partly address this matter in addition to other provisions that have been laid down. The Shillong Traffic Police must be pro-active in implementing a strict code of conduct and a follow-up strategy regarding these matters. Drivers and motorists on the other hand can help in prompting the safety of roads by following the already existing codes of conduct that are beneficial to them and are aimed at the well-being of each citizen.