V. S. Suresh v. Director General of Police, Law and Order, Kamarajar Salai, Chennai
2015-02-27
M.M.SUNDRESH, SANJAY KISHAN KAUL
body2015
DigiLaw.ai
Judgment :- 1. The social behaverial aspect of people driving with headlights ''on'' whether in town or outside, is sought to be raised in the present petition. It is not in doubt that there has to be an education for change of social behavior and what is required to be done by the respondent authorities is to make the people realise not only the inconvenience of others, but possibilities of accidents caused as a result thereof. 2. The prayer made is that the vehicle owners to be educated to paint Bulls Eye in the Head Light of their vehicle in accordance with Rule 405(C) of the Tamil Nadu Motor Vehicle Rules, 1989, which reads as follows:- ''405. Dazzling light - restriction of. - (a) The driver of a motor vehicle shall at all times when the lights of the motor vehicles are in use so manipulate them that danger or undue inconvenience is not caused to a person by dazzle. (b) The Commissioner of Police in the City of Chennai and elsewhere the Superintendent of Police may by notification in the Official Gazettee and by the erection of suitable notices in English and Tamil prohibit the use, within such areas or in such places as may be specified in the notification of direct head lights. (c) The head lights of all motor vehicles shall be painted in black on its centre portion so as not to cause inconvenience to the drivers of the vehicles coming on the opposite direction.'' (underling added) 3. The learned Government Pleader appearing for the State submits that the police has taken action to educate the people and some photographs in this behalf have been shown to us. 4. Possibly, more serious effort is required to achieve the social change and compliance of the rule, and thus, vigorous exercise be carried out in this behalf. 5. A Circular Memorandum issued on 05.8.2011 in this behalf by the Director General of Police, is produced before us. This, possibly needs to be given more publicity, so that the concerned authorities are made aware of the rule and the requirement, apart from making the public more aware of it. 6. The writ petition is, thus, closed with the aforesaid observations, with the hope that people will look to inconvenience of others rather than only their convenience. No costs. CIRCULAR MEMORANDUM Re.
6. The writ petition is, thus, closed with the aforesaid observations, with the hope that people will look to inconvenience of others rather than only their convenience. No costs. CIRCULAR MEMORANDUM Re. No.128251/A & R(2)/2011 Office of the Director General of Police, Chennai – 4 Dated 5.8.2011 Sub: Tamil Nadu Motor Vehicles Rules, 1989, Rule 405(c) – Use of the Direct head lights in vehicles – Instructions issued – Regarding. 1. It has been brought to notice that instances of use of direct head lights in the vehicles are on the increase causing accidents but no action has been taken by the COPs in the Cities and SPs in the District, Central Motor Vehicles Rules, 1989, Rules 105 to 111 elaborately deals the provisions by which the lamps will have to be fitted on the vehicles. 2. Tamil Nadu Motor Vehicles Rules, 1989, Rule 405(b) authorizes the COPs in Cities and the SPs in Districts for prohibiting the use of direct head lights by notifying in the official Gazette and by the erection of suitable Notices in English and Tamil. 3. All the Unit Officers are requested to notify the areas where the Rules have to be followed and sensitize the public with adequate advertisement through T.V. talk shows and Newspaper Notices for following the Rules. They are also directed to take steps to instruct the owners of the vehicles, including officers using Government vehicles to paint their vehicles according to the norms prescribed in the Rules within a time frame. 4. Receipt of the Memo shall be acknowledged. Sd/- T.P. Sundaramoorthy, For Director General of Police.