Report No. 234

7. Pedestrians and Non-motorized Traffic

7.1 We may first refer to the following provisions in the Rules of the Road Regulations, 1989:

Regulation 11. Right of way. "The pedestrians have the right of way at uncontrolled pedestrian crossings. When any road is provided with footpath or cycle track specially for other traffic, except with permission of a police officer in uniform, a driver shall not drive on such footpath or track."

Regulation 19. Stop sign on road surface. "(1) When any line is painted on or inlaid into the surface of any road at the approach to the road junction or to a pedestrian crossing or otherwise, no driver shall drive a motor vehicle so that any part thereof projects beyond that line at any time when a signal to stop is being given by a Police Officer or by means of a traffic control light or by the display of any traffic sign.

(2) A line for the purpose of this regulation shall not be less than 50 millimetres in width at any part and may be either in white, black or yellow."

Regulation 22. Traffic Sign and Traffic Police. "A driver of a motor vehicle and every other person using the road shall obey:-

(a) every direction given, whether by signal or otherwise, by a police officer or any authorized person for the time being in charge of the regulation of traffic;

(b) any direction applicable to him and indicated on or by notice, traffic sign or signal fixed or operated by an authority, competent to do so:

(c) any direction indicated by automatic signaling devices fixed at road intersections." (underlining is ours)

7.2 There is no central legislation comprehensively governing/regulating the use of roads by the pedestrians and nonmotorized traffic. It is left to the States to legislate thereon.

7.3 According to the Delhi Municipal Corporation Act, 1957, all roads in Delhi vest in the Corporation and it is the duty of the Commissioner of the Corporation to maintain, control and regulate them, vide section 298. The definition of "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle-rickshaw, autorickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a road, vide section 2(62), and the Commissioner may, inter alia, prohibit vehicular traffic on any road so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality, vide section 303.

7.4 The Delhi Municipal Corporation Cycle-rickshaw Bye-laws, 1960, dealing with licensing of drivers of cycle-rickshaws for hire, puts conditions on a person applying for propelling a cycle-rickshaw, vide bye-law 5.

The driver of a cycle-rickshaw should, inter alia, know the rules of the road and signals used by the drivers of other vehicles or by the traffic police and drive with all care and attention and observe all the rules of the road; he should not disobey any direction of any police officer for the regulation of traffic; he should keep the lamp properly lighted during the hours of lighting time; he should not propel a cycle- 64rickshaw while intoxicated or make use of insulting, abusive or obscene language.

Bye-law 17 prescribes penalty for contravention of the said provision in terms of paltry fine, i.e., fine which may extend to Rs. 50/- and in the case of a continuing contravention, an additional fine which may extend to Rs. 5/- for every day during which such contravention continues after conviction for the first such contravention.

7.5 The State of Karnataka has on its statute book the Karnataka Traffic Control Act, 1960 (KTCA), enacted for the control of traffic on highways and public places in the said State. The KTCA regulates the use of roads by vehicles, other than motor vehicles, and animals. The following sections of the KTCA need to be perused:

Section 2. Definitions. "In this Act, unless the context otherwise requires.-

(a) 'animal' means any elephant, camel, horse, ass, mule, cattle, sheep or goat;

(b) 'driver' means in the case of a vehicle, the person in charge or control of the vehicle for the time being, and in the case of an animal, any person driving, leading, riding or otherwise managing or controlling the animal, and the words "drive", "driving" and "driven" shall be construed accordingly;

(h) 'public place' means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access or over which they have a right to pass, and includes any place or stand at which passengers are picked up or set down by a public vehicle;

(i) 'public vehicle' means any vehicle used or constructed or adapted to be used for the carriage of passengers or goods for hire or reward, other than a motor vehicle;

(k) 'vehicle' includes any wheeled conveyance drawn, propelled or driven by any kind of power including human, animal, motor, steam or electric power and includes any barrow, sledge, plough, drag or like vehicle, but does not include a motor vehicle."

Section 3. Power to restrict the use of vehicles. "The State Government or any authority authorized in this behalf by the State Government, if it is satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may, by notification, prohibit or restrict subject to such exceptions and conditions as may be specified in the notification, the driving of vehicles or animals either generally in a specified area or on a specified highway or part of a highway, and when such prohibition or restriction is imposed shall cause appropriate traffic signs to be placed or erected under section 4 at suitable places:

Provided that where any prohibition or restriction under this section is to remain in force only for a period of one month or less, notification thereof in the Official Gazette shall not be necessary."

Section 4. Traffic signs. "(1) The State Government or any authority authorized in this behalf by the State Government may cause or permit traffic signs of any size, colour, type or description, to be placed or erected in any highway or public place for the purpose of bringing to public notice any prohibitions or restrictions imposed under section 3, or generally for the purpose of regulating traffic other than motor vehicle traffic.

...

(4) Any authority authorized in this behalf by notification by the State Government may remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which is in his opinion so similar in appearance to a traffic sign as to be misleading.

(5) No person shall wilfully remove, alter, deface, or in any way tamper with any traffic sign placed or erected under this section.

(6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed and 66erected under this section, he shall report the circumstances of the occurrence at the nearest police station, as soon as possible, and in any case within twenty-four hours of the occurrence."

Section 6. Duty to obey traffic signs. "(1) Every driver of a vehicle or animal shall drive it in conformity with any indication given by a mandatory traffic sign and in conformity with the driving regulations set forth in the Second Schedule and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place.

(2) In this section, 'mandatory traffic sign' means a traffic sign included in Part A of the First Schedule or any traffic sign of similar form (that is to say consisting of or including a circular disc) displaying a device, word or figure and having a red ground or border or any prescribed sign painted or marked on the road or erected or displayed for the purpose of regulating traffic other than motor vehicle traffic under sub-section (1) of section 4."

Section 7. Signals. "The driver of a vehicle shall on the occasions specified in the Third Schedule make the signals specified therein."

Section 8. Leaving vehicle or animal in dangerous position. "No person in charge of a vehicle or animal shall cause or allow the vehicle or animal to remain at rest on any highway in such a position or in such a condition or in such circumstances as to cause or is likely to cause danger, obstruction or undue inconvenience to other users of the highway or public place."

Section 9. Towing of person riding cycle. "No driver of a vehicle shall tow a person riding a cycle and no person riding a cycle shall allow himself to be towed by any other vehicle."

Section 10. Leaving vehicle or animal unattended. "No person in charge of a vehicle or animal shall allow such vehicle or animal to stand or proceed on a highway or public place unless it is under adequate control."

Section 11. Duty of driver to stop in certain cases. "(1) The driver of a vehicle or animal shall cause the vehicle or animal, as the case may be, to stop and to remain stationary so long as may be reasonably necessary,-

(a) when required to do so by any police officer in uniform, or

(b)when the vehicle or animal is involved in the occurrence of an accident to a person, animal or vehicle or of damage to any property, whether the driving or management of the vehicle or animal was or was not the cause of the accident or damage, and he shall give his name and address and the name and address of the owner of the vehicle or animal to any person affected by such accident or damage who demands it, provided such person also furnishes his name and address.

(2) The driver of a vehicle or animal shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 19, give his name and address to that person."

Section 12. Duty of owner of vehicle or animal to give information. "The owner of a vehicle or animal the driver of which is accused of any offence under this Act shall on demand by any police officer give all information regarding the name and address of the driver which is in his possession or could by reasonable diligence be ascertained by him."

Section 13. Duty of driver in case of accident and injury to person. "When any person is injured, or damage to property to the amount of twenty-five rupees or more is caused as the result of an accident in which a vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall-

(a) take all reasonable steps to secure medical attention for any person so injured and, if necessary, convey him to the nearest hospital, unless the injured person, or his guardian, in case he is a minor, desires otherwise;

(b) give on demand by a police officer any information required by him or, if no police officer or other authority is present, report the circumstances of the occurrence as soon as possible, and in any case within twenty-four hours of the occurrence, at the nearest police station, or, if he continues his journey after the accident, at the next police station."

Section 14. Power to make rules for control of traffic. "(1) The State Government may, after previous publication, by notification, make rules for the purpose of carrying into effect the provisions of this Chapter, and different rules may be made for different areas of the State.