Motor Vehicle (Amendment) Bill 2014

20 December 2014

This is the FM Gold channel of AIR, In the Program News Analysis now we bring you a dialogue on Motor Vehicle (Amendment) Bill 2014. The participants are Gautham kaur, former police commissioner & hinthender Krishna sharma, AIR correspondent

The Lok Sabha has passed an amendment in the Motor Vehicle Acts seeking to regularize E-Rickshawas and other battery operated vehicle to enable the applying in National Capital and in other parts of the country. So, Mr. Kaur How do you view these amendments

These amendments should be viewed positively but being haste by which the whole process had undertaken raises some question and I presume that in the coming times there will be some return to the parliament of the people with proposals that further Amendments to correct the Article now passed or enforced.

Will this make a difference in the traffic conditions of Delhi?

Well, Actually Motor vehicle Act applicable to the whole country. And therefore Delhi is just one small patch. But its, Since in Delhi that the move to amendment of Motor Vehicle Act was first considered, Delhi would be equally affected and perhaps the whole process is to attempt to regularize E-Rickshaws and other battery powered vehicle which are now progressively being  seen on the move in  local roads. But it has to be also read along that the same conditions that are now being in force are also going to be enforced in all the towns particularly in North Indai where E-Rickshaws and E-Cart are becoming fashionable.

How does the Amendment bill pen out safety of the people out there on the road?

This is an area where I think, that the considered legislation is falling short from the expectation. We have to realize the design of the E-Rickshaw is not local, about 10 years ago this vehicle made its first appearance in south china, about 6 years ago it got exported to Indonesia, slowly and slowly the product had scrolled up from its south china sources and to enter Bangladesh and finally it has entered in to Assam, West Bengal, Bihar, UP and Now it made its appearance in New Delhi. Now the first defect in this whole conception is that is to our ignorance. It is the fact it is not tested scientifically perhaps. You look at the whole design, and you will have the feeling, that this is the required design is not very giving you the confidence, that it is the safe vehicle. Then there is a potential of over loading it, even when the companies are designed or manufactured, this contraction had only advice well for certain category only 2 passengers are allowed. Then a 3^rd passenger is added and then 4^th passenger is being added, because the Horse Power of the electric motor has been increased. When you increase the HP, you also give the potential to increase in the speed of the vehicle. At high speed there are so many hazards in which the design structure may inhibit. we are totally unaware we have taken this product & brought it on the road without local experiments or research in the design material .we still find the Motor vehicle Act has not provided  for such research background which would give us a confidence. This is now as safer model.

Well As we talked about the safety of the Vehicle, as there are provisions for the fitment of other vehicle in the country. Do you think, there should also be fitment for this vehicle?

I think in the new legislation, there is provision which has been kept for the fitness test under the normal Motor Vehicle Act, All vehicle that are moving on the road have to pass a fitness test after duration of 15 years. The commercial vehicles have short time duration and in this case also... Let me confess, that I have not gone through the approved legislation. I have rumors to believe, there is fitness provision kept which is perhaps of 6 years. And if that is the fact, then even that period is too long, I would really provide for an annual fitness. The annual fitness is essentially to find out how much the vehicle has withstood the beating in the road in India, whether the metallic part are still secure, and not subjected to metal fitting of crack.

The government in this amendment also relaxed the condition to get the commercial license for the E-Rickshaw driver. So how do you view that?

Number one, in the past, a pre-test or knowledge of driving on the road is not an essential qualification. I think now some enforcement in this area has been cultured. I don’t have a problem actually; I don’t think the driver will have no problem. Because this is a faster moving vehicle, its being used in urban areas and they are not the lone users of the city road and they have to merge with the discipline of which also have other forms of the motor driven vehicle. So they must also respect the rules of the road and also have self-discipline and speed regulation. The E-Rickshaws or Rickshaws are same under 15 km speed but as soon as increase the three- wheeler as the Rickshaw designed speaks off, then there is certain kind of kinetic energy which is forced on the what you called the fork area of the Rickshaw. The fork area is designed particular same except that some shock observer is added. Bu the pressure, weight, stress point has not changed and very length of the vehicle also creates its own problem regarding the centre of Gravity. Therefore, if the speed is increased, the chances of the vehicle overturning on the road at high speed increases, and there lies the danger.

Tripura, passed a bill in January this year 2014, how do you view this amendment as compared to the bill passed by?

Tripura is the forerunner of the movement of the E-Rickshaws, because the whole ideas are moving from South Asia, and into India. Tripura being neighboring land of Burmese territory, Burma welcomed the E-Rickshaws earlier. Again all source to the South China which is genius, in Engineering. The Tripura Legislation is not very difficult legislature, though for the first time we have a local government, a local government applying its mind to the problem. And in Tripura the main idea was to control the movement of the Vehicle on the road, so they have designed or announced of formal format of the road map in the whole state alloying the use of E-Rickshaws over certain routes and they have also imposed up on the certain driver license condition. The licensing condition for the maintenance and running of this transport has been kept at very lowest level of enforcement. And high taxes and registration charges are not there to sort of extract money out of poorer people.

Well, it is a new mode of transport; Government wants to run this new mode of transport with proper arrangement, and this will too some extend curb the Inhuman practice of pulling Rickshaws. So what is your view on this?

In fact there is new view about it; you are calling it inhumane practice. It is not been recognized if the practice is properly regulated it is as not inhuman, as human as one would have wished to see. The fact is that the Rickshaw puller when he decides to use his vehicle as a means of earning, he is still using his human energy and human muscular strength in to transfer all his strength into mechanical movement. If that is the case then even the farmer ploughs the fields in India is also committing an inhuman act, because he works round the year for him this is not immaterial he have to go through the cycle of cropping. So here is also incident of, let us say the human activity does not respect the heat and monsoon and the cold of the countries land. It is the post-functions or post-movement of the Rickshawala when he is not driving the Rickshaw, when he taking rest, there his living environment affected. He is not going back to home, he is going to some kind of pavement dwelling, he is moving to a bus shelter and these are not the right places where the Rickshaw puller should spend his time. There is inhuman condition, works well and I agreeing to the terminology. But Rickshaw pulling for says a worthy profession. It does not require a cost for one to run; it doesn’t require education as pre-requisite to use Rickshaw to earn one’s bread. So I still welcome the Rickshaw puller in Indian context, I welcome these gentlemen and even women are driving their Rickshaw in Urban areas. And they look up this profession with respect; it is not the dishonest means of living. And now we have it in renewed for that is E-Rickshaws, it is only adding to the crowd of slow moving traffic. You can also include the Elephants, because it can also carry some passenger, you can include bullock cart it remain very important fundamental mode of transport of goods in India. And you can presently welcome the E-Rickshaws in Indian Roads.

As you talked in the context about Tripura that the important areas that they covered was in which particular road these E-Rickshaw should be applied. I think this is also needed for Delhi, because the Last mile connectivity is an important issue here. So, in that respect how will this regularization of E-Rickshaws help?

Well, when the E-Rickshaws made its first appearance in Delhi. We found that this mode of transport was moving in restricted areas for Rickshaws per se. And no body stopped them, and this is was the case of last mile being covered from the let us say from the metro station or city bus stops because there were limits to the movement of the larger sized means of further transport. Therefore it is little difficult really comment whether those areas which were restricted to the Rickshaws should now remain also restricted to E-Rickshaws or not. If we don’t have that kind of a thing, then what will we have to accept, the larger increasing population of scooter, small size vehicle again they are going to crowded say various urban centers. The population in India is increasing in such a way, creating a demand for the development of High speed Mass Transport System and convenient to the ordinary poor person. We don’t have in India here a population with the deep pockets, who can afford bikes, motor cars, and even motor cycles to the great extent. And then use them for their livelihood or transport; we have to consider an inexpensive means of transport. That the city bus is now in such direction which is making such movements of such ordinary labors in town little difficult and the E-Rickshaws with their small tickets and providing Door-to-Door access is proving to be an answer, an answer, which is filling the needs of the poorer class, which was already using the Ordinary Rickshaws.

These amendments bring few changes to the Motor Vehicle Act 1988; Do you think there is a need for a New Act altogether that is in tune with the times?

The problem is reliability to great new act but you don’t have the reliability of the means to enforce those act. And then the final problem is, when you enforce those act, you are not able to still show a quick Justice Delivery System. Motor Challan system is an embracement of local city police, for the simple reason, when the police challans a person for committing minor infringement in traffic laws that challans are still crowding the court and earlier there used to be tradition of Honorary Magistrate who are drawn from civil society and also from police department of person who have passed their LLB (a Law Degree). They were asked to clear the challans, but the facility has been withdrawn. And even with the amended CrPC which is now in force in the country which again recall the system of honorary magistrate. There are certain High court who are you should have only magistrate appointed by the state to deliver these kind of prompt justice. The prompt justice is so bad; its promptness goes back to 3 years waiting for an ordinary offender.

Thank you, Mr. Kaur.

You are listening to a dialogue on Motor Vehicle (Amendment) Bill 2014. The participants are Gautham kaur, former police commissioner & hinthender Krishna sharma, AIR correspondent. This came to you in the program News Analysis produced & presented by News services division on All India Radio.

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GIST: Motor Vehicle (Amendment) Bill

To regulate battery powered Vehicle Electronic Rickshaw (E- Rickshaw) operation in National Capital and Other part of India – applicability in Delhi & Across world – Originate from South China, then went to Indonesia, Burma then India; Fitness for every 15 years for other vehicles, for E-Rickshaws it is to be 6 years – rather it must be an Annual Fitness; Commercial License – issue of safety of the vehicle ; self-discipline & speed regulation reg. Driver; Tripura  is Forerunner in this – Bill passed in Jan 2014 – ideas moving from South china to Burmese Territory – first time a local government applying its mind to the problem – licensing & maintenance, running they kept lowest level enforcement – taxes, registration charges are not a sort of money extraction; Curb inhumane practice of Rickshaw puller – if so then Farmer commit inhumane act – Rickshaw pulling is not inhuman but post-function they rest in pavement dwelling – here the terminology is apt ‘ Inhumane’ otherwise it is an worth profession – enable last mile connectivity :door-to door access; fast growing population of India demand High speed Mass Transport System; E-Rickshaws be inexpensive means of Transport; Amending MVA 1988 – final problem: Quick justice Delivery System – Motor Challan system – embracement for Local Police – even infringement of minor traffic law, challan crowd in the court; amended CrPC demand recall old Honorar Magistrate system, as the prompt justice’s promptness goes to 3 years waiting of minor offenders;