Court Directs State to Cancel License of Persons Using Cell Phone while Driving


June 26, 2018

Case name: Adivit Noliyal v. State of Uttarakhand & ors.


In this case, the High Court of Uttarakhand has issued a slew of directions to prevent reckless driving resulting in loss of lives. The Petitioner in the case had sought directions to the respondent authorities to strictly implement the provisions of Sections 128 and 129 of the Motor Vehicles Act, 1988. These provisions enumerate safety measures for drivers and pillion riders and wearing of protective headgears.

The directions issued by the High Court are:

  • The State Government is directed to enforce strictly the provisions of Section 129 of the Act.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

Raj HC: Cancel Driving License of Drivers Using Mobile Phones