Sample donated: Henry Norton
Last updated: September 10, 2019
. As is needless to say; a majority of accidents, which occur,are due to drunk driving. In the past decade, the number of motor vehicles indeveloping countries is increasing a lot.
Official investigation reports oftraffic accidents pointed out that dangerous driving behavior, such as drunkand drowsy driving, account for a high proportion among all the accidentcauses. In order to avoid these kinds of unexpected accidents, it is necessaryto develop an appropriate in-vehicle system with warning modules that candirectly improve driving safety. NATIONAL LEGISLATIONIndiahas the second largest road networks in the world and accounts for 10% ofworldwide road fatalities. Laws regulating the traffic on the road are providedunder the Motor Vehicles Act, 1988 is an Act passed bythe Parliament of India which came into force from July 1, 1989 and isapplicable to whole of India. However lapses in traffic laws regulations,violations and accidents are glaring reality. India was having suchenactment in place since the year 1914 but the menace of driving is still onand victims look upon the suitability of laws to curb such menace.
Variousimportant judgments are there reflecting upon concerns on road safety issuesome of the important ones are discussed herein. Road accidents, trafficjams, road rage, under-age driving, driving under the influence of alcohol aresome of the prime issues which essentially makes it important to reflect uponthe current situations. Driving sensibly is a responsibility-legal, social andmoral, however rarely seen. Omission of this duty can bring the irresponsibledriver, owner of the vehicle, insurer and others not life only in a legalbattle but huge pain and sufferings for victim and his family members sufferingfor. Powerto Revoke LicenseLicensing authority has power to revoke the license ofmedically unfit person. Automatic suspension of license by a person who hascaused death or grievous hurt of one or more persons. The person shouldnot suffer from any disability.
The Registering authority has power tocancel the registration of vehicle that is lost, destroyed or has beenpermanently rendered incapable for use. If the engine number or chassis numberdiffer from RC, then also registering authority can cancel the registration. Conditionsunder which Licensing Authority can revoke a License1. Habitual Criminal 2. Drunkard 3. Addicted to Narcotic Drugs andPsychotropic substances 4.
Has used or is using a motorvehicle in commissioning of offence 5. Any fraud or misrepresentation inobtaining the DL 6. Driving to cause danger to public on thebasis of previous conduct 7. A person under the age of 18years who has been granted the learner’s license is at present not under thecare of such guardian.
The Drunken Driving Law in Indiastates that if a person while driving a motor vehicle, has a Blood AlcoholLevel (BAL) exceeding 30 mg of intake per 100 ml of blood which is detectedwith the help of a Breathalyzer, that particular offender, whether he or sheshall be punishable for the first offence with imprisonment for a term whichmay extend to six months, or with fine which may extend to two thousand rupees,or with both; and if the same offence is repeated within a time span of threeyears the a fine of three thousand or imprisonment for a period of two year, orboth may be given. The new rule makes it clear that nodriver or passenger will consume alcohol or a prohibited substance while thevehicle is parked or in motion. Similarly, smoking in a vehicle in public placewould be prohibited. For the first time, the rules have also fixed theaccountability of pedestrians and cyclists and laid down that they too wouldhave to adhere to the rules.
Impairment by alcohol is an important factor incausing accidents and it has been found as per study reflected on differentwebsites that alcohol was present in between 33% and 69% of fatally injureddrivers, and in between 8% and 29% of drivers involved in crashes who were notfatally injured. Surveys carried out onthe road accident reveal that risk onteenage driver is five times more compared with drivers aged above 30 years.Drivers consuming alcohol put not only there life but pedestrian and twowheelers at risk.
India is committed in reduction of road accidents by fiftypercentage by year 2020 as India is also a party in Brasilia Declaration. Asthe driving regulations, formulated by the central government under Section 118of the Motor Vehicles Act 1998, were framed way back in 1989, a need to amendthem was felt since much has changed in the nature and composition of traffic,and the relevant infrastructure and technology.