What Does The Law Say?

As per Rule 37 of the Motor Vehicles (Driving) Regulations, 2017:-

Use of mobile telephones and communication devices.

• The driver shall not use any hand held mobile phone or other communication device.
• No trainer or supervisor shall use a mobile phone or other communication device while training or supervising a learner driver.

As per Section 184 of the Motor Vehicles Act, 1988, use of handheld communication devices while driving (mobile phone) is considered as a dangerous driving.

• Rule 21(6) of the central motor vehicles rules 1989 states that if the 'driver, while driving a transport vehicle, engages himself in activity which is likely to disturb his concentration he would be guilty of the commission of an act that 'shall constitute nuisance or danger to the public'.
• Rule 21(25) of the central motor vehicles rules 1989 states that the act of 'using mobile phone while driving a vehicle' shall constitute nuisance or danger to the public.

Note:- Rules 21(6)(25) of the central motor vehicles rules 1989 have been laid down with reference to s.19 (1)(f) MVA'88 that defines the circumstances under which the licensing authority may invoke the powers to disqualify the holder of a driving licence from holding the driving licence or to revoke such licence. Yet, the said rule provides a valuable guideline for determining as to what kind of driving would constitute dangerous driving under s.184 MVA'88. It may be considered reasonable, therefore, to treat the act of using a mobile phone while driving (an activity that may safely be assumed to cause a disturbance to the driver's concentration) as an instance of dangerous driving chargeable under section 184 MVA'88.

Suspension of Driving Licence on the direction of Supreme Court Committee on Road Safety:

The Supreme Court Committee on Road safety issued direction to suspend driving licence for a period of not less than three months under Section-19 of the Motor Vehicle Act, 1988 read with Rule 21 of the Central Motor Vehicles Rules, 1989 for:-

• a. Driving at a speed exceeding the specified limit which in the Committee’s view would also include red light jumping.
• b. Carrying overload in goods carriage and carrying persons in goods carriages.
• c. Driving vehicles under the influence of drink and drugs.
• d. Using mobile phone while driving a vehicle.

As per the new amendment in Motor Vehicle Act-2019, the Driving License shall be suspended for the following traffic violations:-

• a. Driver/pillion rider-without helmet
• b. Triple Riding
• c. Blowing pressure/multi-toned horn
• d. Without prescribed reflex reflectors
• e. Using defective vehicle dangerous for other- head light, tail light, etc.