July 09, 2018
Case name: Arun Kumar v. State of Uttarakhand & ors.
The High Court of Uttarakhand has issued a slew of directions in a petition alleging poor road conditions and vulnerable road conditions prone to accidents in the State of Uttarakhand. Subsequently, on basis of directions issued by the Court, the Secretary of the Transport Department submitted report, wherein the Department has inter alia stated that that on Government vehicles/private vehicles, designations/description of offices/unauthorized emblems are being displayed. Words like High Court, Army, Police, Journalists etc. are written on private vehicles which is not permissible in law.
Taking a strong note of the situation of road safety the High Court has remarked that residents living in the hilly areas have a fundamental right to travel. It is the duty of the State Government and Public undertakings to provide the same. The citizens of the State of Uttarakhand cannot be left at the mercy of the private operators.
Accordingly, the High Court issued a slew of directions which inter alia include:
- The Secretary, Transport is directed to undertake ‘road-safety audit’ of the entire State within a period of one month and to take remedial measures thereafter.
- The State Government is directed to provide the transport department at least 100 breathe analyzers within one week.
- The State Government is directed to construct parapets, crash barriers and erect sign boards on all the 1000 vulnerable points within three months from today.
- The Uttarakhand State Transport Department shall also register the FIRs’ under the relevant provisions of the Indian Penal Code as well as under the Motor Vehicles Act, 1988 against the violators of law involved in over speeding, over loading, use of mobile phones while driving/ jumping of the red-light.
- The Transport Department is authorized to seize the mobile phones temporarily for a period of 24 hours after issuing a valid receipt.
- No motor vehicle shall be permitted to ply beyond the prescribed size. The use of hooters/sirens in private vehicles is banned. Hooters/sirens can be used only by Ambulances, fire tenders and any vehicle going on salvage operation.
- The display of designation/description of office and unauthorized emblems on government/private vehicles is banned. Writing of words like High Court, Army, Police, Journalists on private vehicles is also prohibited forthwith. This direction be implemented within 72 hours. This direction shall also cover the Executive Officers including Judicial Officers.
- The pillion riders on two- wheelers shall also use helmets as per ISI specification including women and children above the age of 5 years.
The entire case can be accessed here.