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Is handsfree cell talk a traffic offence?

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Don't talk on the phone while you're driving, the police say it's a crime. However, many feel that laws governing the use of cell phone while driving is very archaic.

"Any form of cell phone use is forbidden," says BK Upadhyay, Joint commissioner, traffic. It's on this point opinions are divided.

City-based lawyer Abha Singh says the police cannot penalise someone for using bluetooth headsets or bluetooth-enabled audio systems to talk on the phone. "There is no clear law in this regard," she says.

The traffic police, however, follows Upadhyay's words and say any form of mobile use -- be it through handsets, bluetooth or bluetooth-enabled speakers, internet or WhatsApp – is not allowed and drivers can be booked.

Section 177 of the Motor Vehicle Act, 1988, prescribes a fine of between Rs 100 and Rs 300 for using mobile phone while driving. If such an action causes inconvenience or pose a hazard to road users, the fine is Rs1,000 and the compounding fee is Rs 500. In fact, the police have even started imposing a fine of Rs2,000 for causing inconvenience or driving rashly while on phone.

Ronald D'souza, a software engineer, says: "Technology has eased lives. I strongly believe we are at a point where we can talk to a person without holding the gadget in hand and that should not be considered an offence. By that standard, I feel listening to music or talking to a co-passenger can also be an offence. I think laws should be more defined when it comes to using mobiles while driving."

This year, till October, the police caught 10,256 offenders in the city for using mobile phones while driving. It was 9,652 for the corresponding period last year.

However, with newer technologies and increased per-person usage of smartphones, the number is very low. "Only 10% offenders are caught," says Upadhyay. He also added that the department does not have any control over gadget manufactures who design systems with bluetooth technology.

While it is difficult to penalise every individual who uses his phone while driving, the Mumbai traffic police officials have been deploying more officers at important junctions to catch hold of offenders.
A senior official from the traffic department, while admitting that the law was behind technology, justified the present practice: "It is difficult to categorise what is allowed and what is not, especially since technology is developing by the day and laws cannot be changed every day. We cannot have separate laws for using phones via handsfree via bluetooth etc. If we see somebody talking on phone, we penalise them. If the motorist is causing inconvenience on road by being on phone or driving rash, zig-zag etc while on phone, the offence is serious."

Proposed Road Transport and Safety Bill, 2014 to be tabled in Parliament - 1st offense: Rs4000, 2nd offense: Rs6000 and 3rd offense: 1 month license suspension and compulsory training
Stats

Cases in 2014 (till Oct 31) - 10246 Fine collected - Rs 99300

Cases in 2013 (till Oct 31) - 9652 Fine collected - Rs24500

Cases in 2012 (till Oct 31) - 6523 Fine collected - Rs6000

Did you know?
Mobile phones cannot be used after parking the vehicle in between the commute. As per law, the phone should be switched off during the entire journey.

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