The Transport Commissioner of Kerala, (2013) has issued directions via news media to suspend the licenses of persons who are riding motor vehicles without using helmet. Off course, these kind of direction may create panic among people and the retributive theory of punishment may work out. But is this legal ? Is it possible in a highly literate State like Kerala?
The punishment for driving without helmet will come under the general category in section 177 of the Motor Vehicles Act and the fine prescribed is only Rs 100. Can any Transport Commissioner or any officer act against the legislation ? The basic fact that these kind of directions may reduce accident death and it will cause more people to obey the law. But how far is this legal?
In strict sense, there cannot be a fine more than Rs 100 for booking a person under section 177 of Motor Vehicles Act for riding without a helmet.
Likewise, in several junctions, the amount of fine such as Rs 1000.. etc are seen printed on boards for traffic violations. But imposing fine and fixing the quantum of fine whether it can be maximum or otherwise, it is the duty of the judiciary, and executive officers have no power to intervene in such matters.
SUSPENSION OF DRIVING LICENSE - CANNOT BE ARBITRARY
Recent news show that, even on riding a motor cycle without helmet would invite suspension of the license. The section 20,21,22,23 of Motor Vehicles Act deals with the provisions of suspension, cancellation etc of the license.
But those action can be done only on found guilty. If the person is not pleading guilty and contesting the matter, then also the question of aforesaid suspension by the detecting officer cannot be done.
In one of the case in the year 1991 itself, Js Thulasidas of Kerala High Court held in Divakaran V. State of Kerala that, the cancellation/suspension of license cannot be done in capricious and arbitrary way. The interesting fact is that, the then lawyer who appeared in the said case Mr. P R Ramachandra Menon is a sitting judge in High Court of Kerala.
The punishment for driving without helmet will come under the general category in section 177 of the Motor Vehicles Act and the fine prescribed is only Rs 100. Can any Transport Commissioner or any officer act against the legislation ? The basic fact that these kind of directions may reduce accident death and it will cause more people to obey the law. But how far is this legal?
In strict sense, there cannot be a fine more than Rs 100 for booking a person under section 177 of Motor Vehicles Act for riding without a helmet.
Likewise, in several junctions, the amount of fine such as Rs 1000.. etc are seen printed on boards for traffic violations. But imposing fine and fixing the quantum of fine whether it can be maximum or otherwise, it is the duty of the judiciary, and executive officers have no power to intervene in such matters.
SUSPENSION OF DRIVING LICENSE - CANNOT BE ARBITRARY
Recent news show that, even on riding a motor cycle without helmet would invite suspension of the license. The section 20,21,22,23 of Motor Vehicles Act deals with the provisions of suspension, cancellation etc of the license.
But those action can be done only on found guilty. If the person is not pleading guilty and contesting the matter, then also the question of aforesaid suspension by the detecting officer cannot be done.
In one of the case in the year 1991 itself, Js Thulasidas of Kerala High Court held in Divakaran V. State of Kerala that, the cancellation/suspension of license cannot be done in capricious and arbitrary way. The interesting fact is that, the then lawyer who appeared in the said case Mr. P R Ramachandra Menon is a sitting judge in High Court of Kerala.
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