3 months on, rear seat belt rule being implemented arbitrarily, say motorists

MUMBAI: Three months since the state government made it mandatory for passengers in rear seats of vehicles to wear seat belts, the rule has remained arbitrary in its implementation, leaving motorists confused

MUMBAI: Three months since the state government made it mandatory for passengers in rear seats of vehicles to wear seat belts, the rule has remained arbitrary in its implementation, leaving motorists confused. Moreover, the rule, which existed on paper but which the traffic police started implementing in November 2022, is not being enforced anywhere else across Maharashtra and only selectively in Mumbai. The death of Cyrus Mistry, former chairman of Tata Sons, in a road accident in Palghar district on September 4 put the focus back on the importance of wearing seat belts even in the rear seat.

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The Motor Vehicles Act mandates safety seat belts for all passengers of all cars, but motorists feel that the traffic police are targeting only certain categories of vehicles and have altogether exempted commercial vehicles like taxis, tourist vehicles and aggregator cabs as well as old four-wheelers from the requirement and consequent penal actions.

This bias has often been noticed by Bandra resident Suma Raut, 40, who owns hotels in Mumbai and Goa. She drives an SUV across the city for meetings and travels by taxi on occasions.

“On Hill Road, I have been stopped by traffic cops several times and have been levied challans a few times when the passengers in my car were not wearing seat belts. However, the police officers did not even bother to check whether I am wearing a seat belt on the same stretch when I travelled by a cab,” said Raut.

Santacruz resident Vishram Bapat, 65, who runs a software company based in Pune, travels across the city for meetings. The IIT-Bombay alumni owns a Maruti Alto that he drives in the city and an SUV that he uses for long journeys. He said that he has nicknamed Mumbai traffic police as Mumbai Revenue Police as they are only interested in increasing the revenue by penalizing people for trivial issues and not concentrating on larger issues like triple seat riding on two wheelers and double parking on roads.

“On Mumbai roads, vehicles can hardly speed and wearing rear seat belts is pointless. Issues like double parking and triple seat riding pose greater problems in managing traffic and are also dangerous,” said Bapat, who was fined for not wearing a rear seat belt two months ago.

However, the rule does have its advocates. Nitin Dossa, chairman of Western India Automobile Association, supports the rule as he feels that even in a city like Mumbai, there are stretches where drivers tend to speed especially in the early mornings when traffic is low. Dossa, however, claimed that after intervening, he has been assured by the ministry that vintage cars which are more than 50 years old are exempted from the rear seat belt rule.

Architect, academician and transportation analyst Jagdeep Desai agreed with Dossa and said that the rule was necessary as it puts emphasis on safety; however, its implementation has been arbitrary. “This rule of wearing seat belts for those sitting in the rear seats is good as it promotes safety. Ideally it should be implemented on highways and main roads rather than on city roads where people are stuck in vehicular traffic. The authorities should prioritize enforcing seat belts in school vans and buses as well for children as well. Overcrowded school vans and buses are more dangerous than cars and cabs. Even the drivers manoeuvring fuel tankers, trucks, buses, government vehicles etc should be wearing seat belts,” said Desai, who is the founder trustee of Forum for Improving Quality of Life in Mumbai Suburbs

After taxi unions raised objections when initially police started levying fines on taxi drivers, if they found passengers not wearing seat belts, union leaders appealed to the traffic police not to target taxi drivers if a passenger fails to wear a seat belt as they cannot force the passengers to strap up. After this, the traffic police had temporarily exempted taxis and commercial vehicles like aggregators and tourist cabs from enforcing the rule.

“Out of the 10,000 odd e-challans issued to taxi drivers over the past six months or so, at least 40 percent are bogus ones wherein the drivers have been asked to pay fines for an offense that they are not responsible for. Now the taxi drivers have started reinstalling seat belts and buckles even in the rear seats,” said A L Quadros, a senior trade union leader and head of the Mumbai Taximen’s Union.

Taxi unions claimed that the Traffic Police have asked their constabulary staff on the field to take down the name, address and phone number of the passengers who are caught not wearing seat belts and send them an e-challan. This, they feel, will ensure that the driver doesn’t bear the brunt for something he is not responsible for. Quadros agreed, though, that drivers should be held responsible in cases where the kaali-peeli taxis don’t have proper seat belts and buckles.

Joint Commissioner of Police (Traffic) Pravin Padwal denied all allegations of arbitrary implementation saying that the rule has always been there and has been implemented in its letter and spirit. “In November 2022, we had made it mandatory for all vehicles with no exception to fall under its purview. We have been levying fines and will continue to do so,” said Padwal.