Avidit Noliyal vs State of Uttarakhand and others

LOK PAL SINGH, J.

[PER: HON’BLE RAJIV SHARMA, .J.]

Present petition has been filed seeking directions to the respondent authorities to strictly implement the provisions of Sections 128 and 129 of the

Motor Vehicles Act, 1988 and the Rules framed thereunder.

The State has filed the counter affidavit. The State Government has given the details of the Challans issued under Section 129 of the Motor

Vehicles Act. The Court appreciates the steps taken by the Government agencies for the enforcement of Section 129 of the Act. However, the Court

can still take judicial notice of the fact that 50 percent of the Scooterists/ Motorcyclists are not using protective headgear as ordained under Section

129 of the Motor Vehicles Act, 1988 (herein after referred to as the Act), seriously entailing injuries to themselves. This kind of law is known as

paternalism. Though, it is the responsibility of the person to protect his/her life and property, but still in the larger public interest, this enactment has

been made by the Central Government. The scope of this writ petition has been enlarged. The Court has taken judicial notice of the iron angles, iron

rods (sariyas), logs, girdles including iron sheets and fiber sheets protrude outside the transport vehicles. These are very fatal. The transport vehicles

cannot be permitted to ferry iron rods (sariyas), logs, girdles including iron sheets and fiber sheets protruding/projecting outside the length of the

vehicle. Many valuable lives are lost due to the reckless act of the owners of the transport vehicles. The highest numbers of accidents of this type are

reported in the State of Uttar Pradesh. The tractor-trollies, trucks, jeeps, bullock carts are the main carriers of these items. We have also noticed the

drivers using cellphone while driving the vehicles endangering their lives as well as the lives of other persons. These illegal acts are required to be

curbed with heavy hand. Even if the headgears are used by the motor cyclists/ Scooterists, it is not I.S.I mark. It is more ceremonial than effective.

Accordingly, in the larger pubic interest, we issue the following directions:

(i) The State Government is directed to enforce strictly the provisions of Section 129 of the Act.

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(ii) No motor motorcyclists/ Scooterists shall be permitted to ply the motor cycle/scooter without wearing helmet of I.S.I mark. The Senior

Superintendent of Police, C.O.’s and

Kotwals shall be personally responsible to implement this order.

(iii) It shall be open to all the citizens throughout the State Government to point out the non-compliance of this Court’s orders through the Registrar

General of this Court.

(iv) The State Government is directed to make Rules prohibiting the carrying of the iron sheets, iron rods, girdles, steel pipes and plastic pipes beyond

the structural length/body of the vehicles. Till the Rules are made there shall be the ban of carrying iron sheets, iron rods, girdles, steel pipes and

plastic pipes beyond the structural length/body of the transport vehicles throughout the State of Uttarakhand.

(v) These directions shall apply from the source to all the transporters. It shall be the responsibility of the factory owners and shopkeepers to ensure

the due compliance of this order forthwith.

(vi) The State Government is directed to issue necessary instructions to cancel the licenses of those persons, who are found using cell phones while

driving. Till the State Government comes out with the necessary amendment/notification, fine of Rs. 5000/- shall be charged from every violator using

the cellphone while driving.

(vii) The State Government is also directed to ensure that no minors are issued any driving licenses and they are not permitted to drive the vehicles.

The Principals/Head of the Institution of all the Educational Institutions shall make the students aware of these directions issued herein above and

cooperate for due implementation of these directions in larger public interest.

With the aforesaid observation and direction the present petition stands disposed of.

5.Pending application, if any, stands disposed of accordingly.