Telangana High Court
Roadkraft Society vs C.S., G.A.D., State Of Telangana 6 Ors. on 3 December, 2021
Author: Satish Chandra Sharma
Bench: Satish Chandra Sharma, N.Tukaramji
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT PETITION (PIL) No.66 of 2016
ORDER:(Per the Hon'ble the Chief Justice Satish Chandra Sharma) The present Public Interest Litigation (PIL) was listed on 18.11.2021 and no one was present for the petitioner. Today also no one is present on behalf of the petitioner.
The facts of the case reveal that the present PIL has been filed by the petitioner for issuance of a writ of mandamus directing the respondents to re-establish driving practices and testing procedures based strictly on the statutory provisions as contained in the Motor Vehicles Act, 1988 (for short, the Act), the Central Motor Vehicles Rules, 1989 (for short, the Rules), and the Rules of the Road Regulations, 1989.
A detailed and an exhaustive counter affidavit has been filed in the matter. It has been stated that the Office of the Transport Commissioner has ensured strict compliance of Section 118 of the Act read with Rule 15 of the Rules while issuing driving licenses and conducting driving tests. In the counter affidavit filed by the Transport Commissioner, the steps taken by the 2 Transport Department in the matter of grant of licenses are detailed as under:-
"7. It is submitted that as regards procedure adopted by the State of Telangana for the issuance of learning licence and permanent driving licence is as under:
The driving tests for the applicants are taken as per Rule 15 of CMV Rules, 1989, which reads thus:
15. Driving test.
(1) No person shall appear for the test of competence to driving unless he has held a learner's licence for a period of at least [thirty days].
(2) The test of competence to drive referred to in sub-section (3) of section 9 shall be conducted by the licensing authority or such other person as may be authorized in this behalf by the State Government in a vehicle of the type to which the application relates.
(3) The applicant shall satisfy the person conducting the test that he is able to-
a) adjust rear-view mirror;
b) take suitable precautions before starting the
engine;
c) move away safely and smoothly straight ahead at
an angle, while at the same time engaging all gears until the top gear is reached;
d) to change to the lower gears quickly from the top gear when the traffic conditions warrant such change;
e) change quickly to lower gears when driving downhill;
f) stop and re-start the vehicle on a steep upward incline making proper use of the hand-brake or of the throttle and the foot-brake without any rolling back, turn right and left corners correctly and make proper use of the rear-view mirror before signalling;
g) overtake, allow to be overtaken, meet or cover the
path of other vehicles safely and take an
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appropriate course of the road with proper caution giving appropriate signals;
h) give appropriate traffic signals at the appropriate time, in clear and unmistakable manner by hand or by electrical indicators fitted to the vehicle;
i) change the lanes with proper signals and with due care;
j) stop the vehicle in an emergency or otherwise, and in the latter case, bring it to rest at an appropriate course on the road safely, giving appropriate signals;
k) in the case of vehicle having a reverse gear, driving the vehicle backwards, reverse it into a limited opening either to the right or left under control and with reasonable accuracy;
l) cause the vehicle to face in the opposite direction by means of forward and reverse gears;
m) take correct and prompt action on the signals given by traffic signs, traffic lights, traffic controllers, policemen and take appropriate action on signs given by other road users;
n) act correctly at pedestrian crossings, which are not regulated by traffic lights or traffic police, by giving preference to persons crossing the roads:
o) keep well to the left in normal driving:
p) regulate speed to suit varying road and traffic
conditions:
q) demonstrate general control of the vehicle by
confident steering and smooth gear changing and braking as and when necessary.
r) make proper use of the rear view mirror before signalling, beginning manoeuring, moving away, altering the course to overtake, turning right or stopping:
s) use the proper side when driving straight, turning right, turning left and at junction of the road:
t) make proper use of accelerator clutch, gears, brakes (hand and foot) steering and horn: u) anticipate the actions of pedestrians, drivers of other vehicles and cyclists:
v) take precautions at cross roads and on road junctions with regard to:-
(i) adjustment of speed on approach.
(ii) proper use of rear-view mirror.
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(iii) correct positioning of the vehicle before and
after turning to the right or left.
(iv) avoidance of cutting right hand corners.
(v) looking right, left and right again before
crossing or emerging.
w) concentrate in driving without attention being
distracted and to demonstrate the presence of mind.
x) show courtesy and consideration for the safety and
convenience of other road users, such as
pedestrians, drivers of other motor vehicles or cyclists.
The test of competence to drive shall be conducted by the Licensing authority in a vehicle of the type to which the application relates. Telangana online slot booking is available for LLR services. Any citizen can apply online for Learners licence. To facilitate the customer and to minimize the wastage of time by standing in queues, the Transport Department has introduced the slot booking facility for LLR test. The mock test is available on Telangana Transport.org and once he is thorough with the related questions in driving techniques, Rules of the road, he can fill in the application form online. All applicants who want to take an LLR test will have to book a slot based on their convenience and can make payment online/RTO office/e-seva. The applicants need to come on the appointed day and time and produce the original document to the RTO and get set on taking the test. He is being tested in questions related to driving, rules of the road, traffic signs, road signs etc., Once he qualifies in the learners licence test, then he is given an LLR. After a period of 30 days and within the valid period of six months, he has to apply for a driving test in the scientifically designed test tracks. At present, online slot booking and automated test facility is available in Telangana. Added to this, the Department is fully committed to Citizen friendly services. Also, the Department has introduced the concept of slot booking for a driving test. Logging on the Telangana Transport website, enter the LLR No., date of birth, select the date and time and appear for a driving test on the designated day and time. An applicant for a 2 wheeler driving licence will have to take the following tests. Knowledge of traffic signs and skills to drive forward without putting the foot down. Cameras are used to monitor and record the activities of the candidates all along the test tracks. Once he qualifies in the test, he is issued with a driving licence for a two-wheeler. On the designated driving test tracks, the applicants driving skills are measured on an 8, H and S shaped tracks. Slope driving test is 5 taken for 4 wheelers-In this test, the candidate is expected to drive forward on an inclined track without moving backward. Reverse driving test for 4 wheelers. Here, the candidate is expected to reverse Parallel, part his vehicle in the slot provided. Following skills are assessed for an LMV driver. Ability to park parallel. Ability to drive forward on a road with upward gradient without any backward movement. Ability to drive forward on an 8 shaped road. Ability to drive backward on an S shaped road. Skill Assessment tools and driving skill evaluation programmes are being conducted on a regular basis by the Transport Department. Executive staff are well versed and proficient in evaluating all aspects of driving skills, including vehicle operations, vehicle fitness and risk perception. All the Executive staff who are conducting the tests take into consideration these aspects while testing the drivers on the tracks. Aspects of vision of the applicants appearing for the learners licence tests are driving tests, aspects of Cognition wherein driving is a complex activity that requires a variety and high level of cognitive skills and Motor functions of the individuals taking the driving tests. For the past ten years, the infrastructure of the testing tracks has developed to a great extent. Almost all the 10 districts in the State of Telangana are having well established scientific testing tracks to assess the driving capabilities of the applicants appearing for the test. These tracks are well established and are scientifically designed as per the standards and guidelines laid out by CRTI, Pune. The particular S, H and 8 are specifically designed to assess the driving skills of the drivers to move forward on an inclined slope, a reverse bend and to move on an hump and a backward slope. These tracks are so planned and established so as to meet the given standards prescribed and to assess the driving skills of the drivers. Steps will be taken up for improving the licensing system, conducting driving tests on an actual traffic conditions on road with the Motor Vehicle Inspectors beside the driver. This will assess the driver's skills in actual traffic conditions wherein the driver will assess the vehicles coming from opposite direction or honking from behind or overtaking from the left. Education and emergency handling, enforcement and engineering measures will be taken up on a large scale. Also, simulator driving test will be taken up in the near future. Refresher courses will be conducted to the drivers who have obtained the driving licence on a regular basis. To assess the behaviour of the driver on the road, the Motor Vehicles Inspector will assess the drivers response to the situation thrown at him, given a situation of facing a hazard, the Inspector will assess how he/she reacts to the situation and how best he 6 handles the situation by averting an accident and how best he/she copes up with the situation by adopting defensive driving techniques and evaluates his perception reaction time and speed distance judgment in the actual traffic conditions on the road. The executive staff are entrusted with multifarious functions such as testing the applicants for learners licence, testing the candidates for driving licences on the scientifically designed test tracks, registration of the vehicles, inspection of the vehicles for fitness, enforcement and creating awareness on Road-safety. Though they are entrusted with multifarious functions, yet they are determined to the task of testing the driving capabilities of the applicants. An overview of the statistics taken for the year 1-04- 2015 to 30-06-2016 reveals that in the LLR test, about 9,28,024 appeared for the test, out of which 8,14,215 passed the test and 13,162 failed the test and 100647 have absented for the test. And with regard to the Driving licences, that out of a total of 14,63,889 applicants appeared for the test, 13,07,027 have passed, 80,929 have failed in the test and 75,933 were absent for the test. It is to be taken into consideration that the failure rate in the Learners licence and the driving licence itself indicates that the drivers are tested from different perspectives. Various Road Safety measures have been adopted by the Transport Department. The Department is committed to the fact of spreading Awareness, Education and Enforcement of all road safety related offences in all the ten districts of Telangana. As part of this drive, road safety calendar and action plan for the ensuing calendar year is being implemented throughout the state by all the districts. Also, the Hon'ble Supreme Court Committee on Road safety has been constituted and various guidelines issued by the Hon'ble Supreme Court are being implemented in true letter and spirit. Measures have been undertaken to suspend the driving licences for overloads in Goods and passenger vehicles, drunk driving, cell-phone driving etc., Also, stringent measures have been taken in enforcement of road safety related offences."
In the light of the aforesaid, as the respondents are strictly implementing the Rules and the provisions of the Act, no further orders are required to be passed in the present PIL. The same stands disposed of accordingly.
7The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ ___________________________ N. TUKARAMJI, J 03.12.2021 vs