Road Traffic Legislation
Road traffic enforcement may be defined as” the most crucial component of traffic management, which can be achieved through scientific application of systems and techniques in upholding the rules and laws governing the road and traffic thereupon in order to manage and control traffic in the safest and most efficient manner.”
Enforcement activity must therefore be based upon the understanding of:
• Features of the road and its environment
• Basics of traffic engineering including understanding of traffic control devices
• Traffic legislation
· Driver licensing
• The right of way
• Hazards for road traffic
• Road user behavior including the needs of vulnerable road users
• Vehicle characteristics
• Causes of road accidents, investigation & analysis
Enforcement activity could be divided into the following four areas by analyzing the offences which relate to;
• Safety
• Free flow of traffic
• Equipment
• Administration
Road safety being a matter of primary concern, enforcement personnel must lay extra emphasis on safety related violations which include:
• Dangerous driving
• Poor driving / negligent driving
• Over speeding
· Tailgating/following too closely
• Alcohol/drug abuse
• Stealing the right of way especially for pedestrians
• Failing to comply with enforcement directions
• Misuse of headlamps during dark hours
• Failing to stop after committing accidents
• Not wearing helmets and seatbelts
Since we do not have a road-traffic act covering the responsibility of non-motorized road users, enforcement personnel must understand the meaning of, and lay adequate emphasis on educative and persuasive enforcement.
It is also important to debate and discuss why road users disobey rules. Some of the reasons could be:
• Ignorance of law
• Non-visibility of regulation
• Irrelevant expectations
• Lack of adequate controls
• Temptation to violate
• Bad examples set by enforcement and other governmental agencies
Once the reasons are understood, authorities must take adequate remedial measures in resolving the issues. For example ignorance of law could be resolved by newspaper advertisements , bringing up required legislation through driving schools as well as during driver testing.
The main aim of traffic enforcement should be to increase road user’s perception of the risk of being caught and not to increase the number of notices/challans. Some traffic police departments demonstrate their success by the increasing quantum of fines generated by them. This is perhaps a fallacy as it clearly shows that these enforcement agencies are unable to control the increasing number of violations.
The ultimate litmus test of successful traffic enforcement is in the creation of a responsible road user behavior, or a disciplined road culture supplemented by reduction in crashes and causalities.
Recognizing traffic violations with respect to traffic legislation is a specialization by itself as it relates to the understanding of multi-factors of road environment, traffic control devices, vehicle dynamics and the road user behavior.
The purpose of traffic legislation is to provide for the necessary and reasonable regulation of street and highway traffic and “to insure, as far as this can be done by law and its application, that traffic shall move smoothly expeditiously, and safely; that no legitimate user of the highway, whether in a vehicle or on foot, shall be killed injured or frustrated in such use by improper behavior of others.” *
* National committee of Uniform Traffic Laws and Ordinances, Uniform Vehicle Code and Model Traffic Ordinance Evamston, 111 NCUTILO, 1992
Officers serving in the traffic police departments must have a thorough knowledge of all road traffic related legislation relevant to the areas they are serving. The Motor Vehicles Act, Central & State Motor Vehicles Rules, Rules of Road Regulation, Notifications issued by the Transport, Municipal and Police Departments, Court orders, related sections of the Indian Penal Code ,Police and allied acts, rules and schemes have to be contemplated upon on a continuous basis .
Enforcement officers must carefully study the data of road accidents to understand the causes and consequences behind them. Enforcement of such violations which have a direct bearing on accidents as well as serious consequences must be dealt with in a pro-active and intelligence led way .Police officers must also liaise with the road engineers for such road stretches, spots or intersections that may need more urgent attention.
Though there is much to be read and understood, I have selected some important sections, rules and notifications as follows, which I feel are basic to be understood by all police personnel who are, or, will be managing traffic in their domains.
- Selected Sections of the Motor Vehicles Act 1988
- Selected Rules of the Central Motor Vehicles Rules 1989
- The Rules of the Road Regulations 1989
- Selected Notifications of the Government of India
- Selected Sections of the Indian Penal Code.
Enforcement activity would be much more interesting and effective if the personnel responsible for the same would understand how they could effectively use the approaches of education, engineering treatments along with enforcement in enhancing the parameters of road safety as well as in improving the efficiency of the road network.
Rohit Baluja
President, Institute of Road Traffic Education
