ACTION BY POST >>
* A rider from Canacona receives a notice along with video and photo evidences to show that he was riding sans helmet
* The notice claims that riding without helmet tantamount to rash driving and that he is liable to pay an additional amount of Rs 500
ACTION DEFENDED >>
* According to SP (Traffic) Dinraj Govekar riding sans a helmet amounts to dangerous driving for the rider himself
* The SP defends police action while saying that those aggrieved by the police action can certainly take legal recourse
EXPERTS DIFFER >>
* High Court lawyer Cleofacto Coutinho does not agree with cops, says circumstances behind each and every act are different
* According to him, police should stress more on bringing traffic discipline than on generating revenue for the govt
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MARGAO: Does mere riding a two-wheeler without helmet amount to rash and negligent driving, making the rider liable to pay a challan for the offense of driving without helmet as well as for rash and negligent driving?
Yes, says the traffic police. And, the next time you are booked for riding without helmet, be prepared to cough up a fine amounting to Rs 700 -- the challan amount for riding without a helmet as well as for rash and negligent driving. Legal experts, however, have raised eyebrows over the police department action of booking riders without helmets for rash and negligent driving when the circumstances behind a particular rash and negligent act in one case may be different from other cases.
While section 129 of the MV Act provides for a fine of Rs 100 for driving without a helmet, the traffic department has now invoked the provisions of rash and negligent driving under section 184 of the MV Act, making the two-wheeler violator to pay a compounding fee of Rs 700.
Many a two-wheeler riders have been taken aback when they receive notices from the traffic headquarters under the sentinel scheme to pay a compound amount of Rs 700 for committing offense under section 129 of the MV Act riding without helmet and under section 184 of the Act for rash and negligent driving.
Says a rider from Canacona: “I received a notice from the Notice branch, Traffic headquarters stating that the videographic and photographic evidence shows that I have committed an offense of riding two-wheeler sans helmet. I did not dispute the claim after I was shown the footage. But, what I do not agree that mere omission to wear a helmet has resulted in rash and negligent driving, making me liable to pay Rs 500 extra. Will the police tomorrow charge someone in possession of an illegal firearm under the Arms Act as well as for murder since the firearm can result in the killing of a human”.
When The Goan contacted Superintendent of police, Traffic, Dinraj Govekar to shed light on the traffic police action of invoking the provisions of rash and negligent driving to penalize a rider riding without a helmet, he said the police have acted as per the law. “When a two-wheeler rider drives sans a helmet, it certainly amounts to dangerous driving for the rider himself. I do not think the police have acted beyond the provisions of the law,” SP Govekar said, while saying that those aggrieved by the police action can certainly take legal recourse.
Constitutional expert, High Court lawyer, Adv Cleofacto Coutinho, however, begged to differ. “I do not know the basis for the police to conclude that mere driving of a two-wheeler sans helmet amount to rash and negligent driving. The circumstances and nature of rash and negligent driving may be different in different situations. I guess how an offense of not wearing a helmet automatically becomes rash and negligent driving when the circumstances behind each and every act are different,” Adv Cleofato said.
While saying that the police should stress more on bringing traffic discipline than on generating revenue for the government, the senior High Court lawyer also questioned the police department decision of outsourcing policing via the sentinel scheme.
Sources in the know said many a two-wheeler traffic violators have preferred to compound the traffic offense and pay the amount of Rs 700 as failure to comply with the direction in the notice within seven days, result in submitting the notice in the court with the addition of section 187 of the MV Act, which provides for punishment with imprisonment for a term which may extend to three months, or with fine which may extend to Rs 500 or both, in addition to the punishment provided for violation of traffic law.
