The Andhra Pradesh High Court has directed state authorities to rigorously enforce safety provisions outlined in Rule 167A of the Central Motor Vehicles (Seventeenth Amendment) Rules, 2021.

The directions come in response to a Public Interest Litigation (PIL) highlighting deficiencies in the implementation of the Motor Vehicles Act, particularly regarding helmet enforcement and the use of necessary surveillance technology.

The Division Bench of Chief Justice Dhiraj Singh Thakur and Justice Ninala Jayasurya held, "The issues highlighted in the present petition are indeed of wide public importance and need to be considered seriously. We, therefore, direct the respondents to file a detailed reply giving the details with regard to implementation of the provisions of Rule 167A in the state of Andhra Pradesh and in particular, the cities which find a mention in the table appended to the said Rule which includes, among others, the cities of Vijayawada, Visakhapatnam and others numbering 13 in all."

Under Rule 167A, the Act envisages the enforcement of road safety through electronic devices which include speed camera, closed circuit television camera, speed gun, body wearable camera, dashboard camera, automatic number plate recognition (ANPR), weigh in machine (WIM) and any such other technology specified by the State Government.. The Court noted discrepancies in the implementation across various cities, prompting the directive for a detailed report from the state on compliance with these provisions. "It is stated that while the city of Vijayawada appears to have been covered under the surveillance cameras installed on major roads, no effort appears to have been made with a view to ensure proper enforcement of the requirement to wear helmets," the Court noted.

The Court said, "The department of Police dealing with traffic should also reflect as to the number of people who have been challaned on account of non-user of protective headgear, the number of physical checks conducted by the traffic police authorities and the amount of fine collected based thereupon."

Furthermore, the Division Bench directed the Legal Services Authorities to conduct extensive awareness campaigns through print and electronic media, stressing the consequences of non-compliance with helmet regulations. The campaign aims to educate the public, especially two-wheeler riders, on the importance of protective headgear.

"The Legal Services Authority as also the police authorities are directed to start campaigns with regard to highlighting the evil effects on account of non-user of the protective headgear. The drive should be publicized in vernacular and English papers which have wide circulation in the state of Andhra Pradesh besides publicizing in the electronic media. Date should be fixed informing the citizenry and in particular, those who are using two wheelers, that beyond a particular date, there would be absolutely zero tolerance towards those who are found to be violating the provisions of the Motors Vehicles Act and the Rules framed there under. The Legal Services Authority is also directed to take steps in conjunction with the state authorities to start campaigns informing the people with regard to the aforementioned issues," the Bench said in its order dated June 26.

Highlighting data revealing a high incidence of fatalities due to non-helmet use, the Court underscored the urgency for strict enforcement. "The purpose for the use of body cameras by the law enforcement officers i.e., police and transport officials, who manage the traffic or carry out any enforcement drive, is quite clear and that is to record the proceedings of an event, which can be used in the Court as an evidence against the offending driver or person and also ensure that the law enforcement official has acted as per the provisions of law while penalizing the offending driver or person," it said.

Additionally, the Court directed the traffic police to furnish reports on the number of fines imposed and checks conducted related to helmet violations. "Learned counsel for the respondents, while filing a detailed affidavit, shall also place on record the steps that have been taken by the Government with regard to compliance with the statutory provisions. List on 21.08.2024," the Court ordered.

Cause Title: Thandava Yogesh v. The State of Andhra Pradesh and others [Neutral Citation: APHC010254802024]

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Chief Justice Dhiraj Singh ThakurJustice Ninala JayasuryaAndhra Pradesh High CourtMotor Vehicles Act

Sukriti Mishra