Mumbai: Citizens, activists point at lack of clarity in new seat belt rule

Mumbaikars wear seat belts in the rear seats. Pic/Rajesh Gupta

The Mumbai traffic police's circular which makes wearing seat belts mandatory for all passengers - both, in the front and rear seats of a vehicle - is set to be implemented from November 1. In case of violation, the fine has been set at Rs 1,000, up from the existing Rs 200. The police had given a 15-day notice period to get seat belts installed. However, there remains confusion over the rule with many asking for a list of vehicles it applies to. Some also said they need more time to get the interiors redone.

According to the note issued by the joint commissioner of police, Mumbai, on October 14, "As per the Motor Vehicles (Amendment) Act, 2019, under section 194(B)(1), whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable."

Also read: Mumbai: Compulsory seat belts for all from Nov 1, violators to be fined Rs 1,000

Nirmal Thakker, citizen activist

mid-day is not against the fines and penalties, but the moot point is that there is no clarity on the type of vehicles to which this rule is applicable, and that more time should be given for the installation of the seat belts for vehicles that currently do not have them.

‘Grey area'

"The rear seat belt rule is mostly for four-wheeler motor cars, but the authorities should make it clear so as to leave no room for confusion," said Harsh Kotak, secretary of the Mumbai Bus Malak Sangathan (MBMS).

A shopkeeper fixes a seat belt to the rear seat of a four-wheeler in Mulund. Pic/Rajesh Gupta

"While we all agree that seat belts are compulsory for the safety and well-being of all occupants of the vehicle and we welcome the decision, the circular leaves a lot of grey area and confusion about the kind of vehicles that need to have them immediately. They should mention the category of vehicles so that the regulation is not misused from November 1," said Nirmal Thakker, citizen activist from Mulund.

Citizen activist Jitendra Gupta said, "With no clarity in the circular, constables and other field staff themselves could get confused about which category of vehicles have to possess rear seat belts. While many older vehicles do not have the facility, newer ones will need more than 15 days for installation."
Mehraj Kanosia, a Mumbaikar, said, "The focus should be on speed, and this regulation must first be implemented outside urban hubs and cities like Mumbai. Given the traffic situation of Mumbai, there is hardly any speeding here, except for a few stretches such as the sea link or freeways. Nevertheless, what we are seeking is more time to get this implemented."

Harsh Kotak, secretary, Mumbai Bus Malak Sangathan

‘All cars running in city'

Last week mid-day called up the traffic police for more clarity. Joint Commissioner (Traffic) Rajvardhan said that the rule applied to each and every vehicle running in the vicinity of Mumbai, failing which people will be fined.

The focus on rear seat belts has come to the fore after the tragic death of former Tata Sons chairman Cyrus Mistry, which has raised public awareness about the use of rear seat belts.

Study in Mumbai

A study released by Save Life Foundation with support from Nissan India revealed that though there is awareness about availability of rear seat belts, the usage is alarmingly low. The study found that 97.6 per cent of people in Mumbai did not use rear seat belts. This means only 2.4 per cent wore rear seat belts in the city. The major reason for not wearing seat belts in Mumbai, the study found, was that "people think it's not mandatory to wear rear seat belts." However, 90 per cent of Mumbaikars felt the need for a strict law enforcing the use of rear seat belts.

Save Life Foundation said it carried out the survey to understand knowledge, attitude, belief and practice of people in Mumbai with respect to road safety, even making a case for child seat belts.

"It is important to ensure that children are sitting in the rear and are seated in the right restraint system. There are already sections in the Motor Vehicles (Amendment) Act for these provisions. The need of the hour is focussed enforcement to mitigate these risk factors," said Karuna Raina, director, public policy, Save Life India.

As per Section 194(B)(2) of the Motor Vehicles Act, whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of 14 years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of Rs 1,000.

History of seat belt

Volvo engineer Nils Bohlin was the first to develop the modern three-point seat belt, back in 1959. Although the design was patented, the company decided to keep it open, making it available to all vehicle manufacturers to use for free.