The Hindu : Major issues put on the back burner

Online edition of India's National Newspaper
Friday, Jan 03, 2003

Southern States

Southern States - Tamil Nadu-Chennai

Major issues put on the back burner

By S. Shivakumar

CHENNAI JAN. 2. Cellular phones may be increasingly cheaper to use, but the Chennai City Traffic Police (CCTP) have virtually dropped all other enforcement priorities to book those who use them while they drive.

The Rs.1,000-maximum penalty and the clause of imprisonment that the law contains, has led to a spate of cases being booked, and in several instances, unofficial penalties pocketed by the policeman on the road.

On Thursday morning at Gemini a sub-inspector, who demanded a penalty from a motorist for ``cellphone driving'', refused to issue a notice. He demanded that the motorist pay cash on the spot. The policeman forced his way into the car, seized the keys and refused to alight, until Rs. 400 was paid for which a receipt was issued.

Strangely, the sub-inspector identified as belonging to the "Eagle South, Chennai" and had a set of blank receipts signed and stamped by the inspector, who was not on the scene.

The focus of the CCTP on cellphones is being viewed as incongruous with its overall policing concerns — after the monsoon, most roads in the city have no lane markings, stop lines have vanished while new "stop at stop line" boards have been put up, and most traffic signals have fused bulbs.

What has irked motorists is that despite spot fine not being compulsory invariably they are forced to cough up the fine amount at the spot or face the threat of their vehicles being impounded. No statistics specific to `penalty for mobile phone use' while driving were available on Thursday. This offence is generally recorded as "dangerous driving."

"The motorists in the city are already facing a lot of problems. Pavement vendors, poor road conditions, and practically no policing during the night," but these threats to road safety seem to be of little interest to the police brass, says a two-wheeler rider.

Commercial establishments, which have sought refuge under the CMDA's regularisation scheme, create roadblocks by "reserving" parts of the road for their clientele. Several new hotels are coming up in the city even on arterial roads, which enjoy the "patronage" of the local police, traffic planners point out.

Yet, it is mobile phone use while on the move, that is now central to the city's enforcement machinery. Those fined for using mobile phones are charged under Section 184 of the Motor Vehicle Act.

Though the Act gives the traffic officers discretion on whether the driver actually posed a threat to other road-users, traffic police personnel usually wave the law in the face of the driver to ask for money.

A girl, who was waiting at the traffic signal at Gemini this morning, was asked by the Sub-Inspector, why she did not match good looks with discreet use of her mobile phone. "This comment came though she was waiting and talking, and not riding," a witness said. The SI pocketed Rs.100 from the motorist, in full public view.

There is a provision in the Act under Rule 25 to book those using mobile phones for dangerous driving. The fine amount prescribed is Rs.1000 with imprisonment which may extend up to six months for the first offence and for repeat offenders the jail term may extend up to two years and fine amount of Rs.2000 or both.

However, the misuse of this Act by traffic police personnel has created considerable apprehension among motorists that even abiding by the law is no guarantee against corrupt demands.

Safety concerns are sometimes created by the enforcers themselves. "It is a common sight to find traffic personnel in tow vehicles chasing drivers suspected to have used a mobile phone while driving. These police personnel even perch dangerously from the vehicle, which has no siren or warning lights, posing a risk not only to themselves but also to other motorists as they signal the vehicle to stop. One wonders why tow vehicles, which could be put to better use to remove broken down vehicles creating road blocks, are utilised to catch mobile phone-users," points out a motorist.

Despite several discussions on modernisation, the CCTP is yet to go in for camera-based enforcement. Senior officers periodically talk of using at least "camcorders" to create evidence.

"These are claims that are aimed at mollifying the ruffled public opinion, but the Police are yet to do anything concrete, because evidence could turn counter-productive for the black sheep," a road-user said.

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