GOVERNMENT OF TAMILNADU
Motor Vehicle – Compulsory wearing of seat belts by the driver and the person occupying the vehicle in the State of Tamil Nadu – Schedule for implementation Orders – Issued.
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G.O.Ms.No.658 Dated: 04.05.2007.
Read:
1. From the Under Secretary to Government of India,
Ministry of Road Transport and Highways Department
Letter No.RT-11036/3/2001-MVL Dated 4.9.2001.
2. From the Joint Secretary to Government of India,
Letter No.11028/3/99 MVL dated 23.11.2001, 12.1.2004.
3. From the Transport Commissioner, Chennai
Letter No.C1/61787/2001, dated 18.6.
Read also;
4. From the Director, Government of India Ministry
of Shipping, Road Transport and Highways
Letter Rt.No.11028/3/99 MVL Vol.II 3.10.2005
5.From the Transport Commissioner,Chennai
Letter.R.No.85415/H2/04,dated:15.3.2007.
ORDER:
In the letters first, second and fourth read above, the Government of India Ministry of Shipping Road Transport and Highways, have stated that as per the order dated 6.2.2001 in Writ Petition(Civil) No.13029/85-MC Mehta Versus Union of India and others. Hon’ble Supreme Court have opinioned that “it will be appropriate if the requirement of wearing the seat belt,by the passenger sitting in the front seat of the motor vehicle and the driver is wider publicity, through the medium of television and advertisement in newspapers,both in the national as well as in the regional languages and in the regional television and newspapers. In this regard, the Chief Scretarities of each state should ensure that due pubicity in regard thereto is given and it will be their responsibility to ensure compliance of wearing the seat belts by the driver and the passenger in the front seat in the motor vehicles.”The matter has already been brought to the notice of all states/Union territories.Instances have come to the notice regarding non-adherence of the provision of compulsury wearing of seat belts as provided in the rules.Since State Government have been vested with the power to implement the provision of Motor Vehicles Act and Central Motor Vehicles Rules,it has been requested that the provision wearing of seat belts may be implemented from the point of view of road safety which has been advised by Hon’ble Supreme Court also.
2. In the letter third and fifth read above,the Transport Commissioner has stated that in the states of Karnataka and Kerala,circular has been issued to all officials concerned to enforce the rule in this regard.As per rule 125 & 125(1-A) of the Central Motor Vehicles Rules,1989,every manufacturer of a motor vehicle used for carriage of passenger with a seating capacity of not more than 8 in addition to driver(8+1)(Madras-1 category) shall provide seat belts to be worn by the driver and passengers,vehicles manufactured prior to 25.3.1994 would not at all have any seat belts,Likewise,vehicles manufactured prior to 31.5.2002 also would not have seat belts on the front facing rear seat/seats.Hence,while enforcing the rule,this aspect would be taken note of .On enquiry with the Transport Commissioners of neighboring states of Karnataka,Kerala and Andhra Pradesh,it was ascertained that they are not implementing the rule in respect of the vehicles manufactured prior to the notified dates.Accordingly, he has requested that the Government may consider and pass orders on the strict implementation of the existing provisions of 138(3) of Central Motor Vehicles Rules,1989,with regard to the wearing seat belt by drivers and persons occupying the front seat and persons occupying front facing rear seat of M1 category vehicles in Tamil Nadu and a time frame may be specified so as to enable to sensitize vehicles users/public and ensure necessary follow up action.3
3. The Government have examined the proposal in light of the aforesaid provisions of the Motor Vehicles Act,1988(Central Act 59 of 1988) and Central Motor Vehicles Rules,1989 and taking into account the fact that wearing seat belt will prevent severe injuries during road accidents and ensure the overall safety of the drivers and the persons occupying the vehicle,pass the following orders;
i) The driver,the person occupying the front seat,and the persons seated in the front facing rear seats of the motor vehicle while in motion,as required under rule 125(1),125(1-A) and 125-A and 138(3) of Central Motor Vehicles Rules,1989,shall compulsorily wear safety belt(Seat belt).This shall be enforced with effect from 01.06.2007 in Chennai city and other 5 Municipal corporations(Madurai,Coimbatore,Tiruchirapalli,Salem and Tirunelveli) and with effect from 01.7.2007 in the remaining areas in the state of Tamil Nadu.
ii) Penal provision under Section 177 of the Motor Vehicles Act,1988 will apply for the violations of non-wearing of safety belt(seat belt) by the occupants of the motor vehicle in motion in respect of the vehicles manufactured after 25-03-1994 which would have seat belts for the drivers and for the person occupying the front seat and the vehicles manufactured after 31-05-2002 which would have seat belt for persons occupying the front facing rear seat/seats.
4. The Government also direct that the Transport Commissioner, Commissioner of Police and Superintendents of Police and District Collector shall take necessary steps to create awareness among the four wheeler users regarding the need to wear seat belts to ensure safe travel.
S.Malathi
Secretary to Government
To
The Director General of Police,Chennai-4
The Transport Commissioner, Chennai.5
The Commissioners of Police, Chennai
Coimbatore /Madurai/Trichy/
Salem and Tirunelveli
The District Collectors/Regional Transport Authority
All Superintendents of Police
All Section in Transport wings
Home Prohibition and Excise
Department,Chennai-9
Copy to
Special Personal Assistant to
Minister(Transport)
Chennai-9
Senior Personal Assistant to
Hon’ble Chief Minister
Chennai-9
SC/SF
// FORWARDED //BY ORDER//
SECTION OFFICER