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Drunk driving laws need major reform: Lawyers

Add comment May 7th, 2007

Mumbai: In Mumbai, Alistair Pareira gets 180 days for killing seven people in a drunken-driving episode. In the US, Paris Hilton gets 45 days for violating parole conditions, which included a suspended licence, after being arrested last year for driving under the influence of alcohol.

There is no link between the two incidents and yet there is. The long arm of the law works more effectively in one country and there are no guesses which one.

In India, given the high death rate due to road accidents, there is a growing demand from activists and legal experts for a more stringent law for driving under influence (DUI) of alcohol or DUI offences, as it is referred to in most Western countries. Maharashtra alone recorded over 10,000 road fatalities in 2006.

The lack of stringent laws is best illustrated by the Alistair Pareira case. In the UK, for instance, Pareira would have attracted a maximum of 14 years imprisonment, an unlimited fine, and a cancellation of his driving licence for two years. The sessions judge did say that Pareira was driving carelessly and was drunk but let him off on the more serious offence of culpable homicide not amounting to murder which attracts 10 years, and instead sent him to jail for six months.

Laws are far more stringent for DUI offences in most developed countries, where rash driving is treated as a serious crime. In Australia, for instance, the police have powers to stop motorists randomly and subject him or her to a breath analyzer without reason. In the US and UK though the police have to give reasons for the breath analyzer test. In India, the breath analyzer is only occasionally used (traffic police in most cities are not equipped with new machines); and a new law on confiscation of a driving licence if any one fails the test is only being contemplated.

The incidence of drunken driving in the West has reduced as a result of tough laws, which set an example. For instance, barely days ago, prosecutors in Los Angeles had filed misdemeanour charges, including drunk driving, against rapper-actress Eve over a traffic accident in Hollywood. Eve was a 2001 Grammy award winner along with Gwen Stefani. In most countries, including India, the permissible blood alcohol limit is 0.05 %—it is lower in case of learners and certain other categories in other countries—and Eve’s test showed up 0.08. She faces a maximum penalty of six months in jail and a $1,000 fine. But a statutory minimum sentence would include a minimum of three years probation, a fine of at least $390 and an alcohol education program.

The world over, drunken driving is an offence that also attracts demerit points and a graded punishment that could see the driver losing his licence. In comparison, in India, punishment for the first offence for ‘driving under influence’ of alcohol is a maximum sentence of six months or a fine of Rs 2,000. If a driver gets caught again within three years, he could attract up to two years in jail or a Rs 3,000 fine. These measures, as they stand, are clearly ineffective, say experts. Legal delays ensure that the jail sentence is often an empty threat, and the prescribed fine is barely a deterrent.

Fatal accidents caused by a drunk driver are not even classified as a separate offence under Indian law although Maharashtra has woken up to the dangers of drinking and driving and is now stepping on the gas to make fatal accidents or accidents resulting in grievous injuries a non-bailable offence punishable by at least seven years in jail.

Experts say what is needed is a graded system of punishment for drunk driving cases not involving accidents, as in the UK, Australia, and Switzerland. “The need is to ensure that no person who has consumed alcohol above permissible limits be allowed to drive,” said Mahesh Jethmalani who adds that the idea of punishment is not and should not be vendetta, the aim is to reform people. He suggests a point system for repeat offences and revocation of licences. The only practical difficulty with this idea is that the traffic records are still not computerised and hence it is difficult to track the offender and the multiple offences. Noted defence counsel V R Manohar too says that laws in India need to be amended and fast.

GRADED PUNISHMENT

In the UK, the first driving under influence (DUI) offence can earn the driver demerit points; accumulation of such points can result in a suspension or cancellation of driving licence. In Canada, for the first DUI offence, the laws call for a $600 fine and one-year driving prohibition or jail time; the second DUI offence attracts a 14-day jail term and two years of driving prohibition. There are similar provisions in Victoria and New Zealand. A licence once cancelled in Australia can be re-issued on court orders but the driver is placed at zero tolerance for next three years.

Source: TOI(Mumbai epaper)

Peddar Road flyover must wait till others are complete

Add comment May 5th, 2007

The Maharashtra State Road Development Corporation (MSRDC) is likely to first finish the construction of seven flyovers on Dr B.R. Ambedkar Road before it commences work on the Peddar Road flyover. This is expected to take some time and further delay the Peddar Road flyover project.

HT has learnt that MSRDC officials have suggested that work on the Peddar Road flyover begin only once the Ambedkar Road flyovers are ready in 15 months.

The 3-km viaduct on Peddar Road was part of the 55 flyovers planned by the Shiv Sena-BJP government in 1996. But it has since been delayed largely due to residents’ protests.

The corporation on Friday said it would not work on both the roads simultaneously as that would effectively cut off South Mumbai from the suburbs. Both Dr B.R. Ambedkar Road — which stretches from Sion Circle to Crawford Market — and Peddar Road — which connects Haji Ali to Chowpatty — link the island city to the suburbs.

MSRDC Chairman and Public Works Minister Anil Deshmukh said the matter was discussed at a meeting called by Chief Minister Vilasrao Deshmukh on Friday. “We apprised the CM of all the possibilities,” he said. “We haven’t taken a final decision, but we cannot take up all the projects at one time because it would cut off South Mumbai.”.

He added that it was brought to the CM’s notice that traffic on Peddar Road would have to be diverted to Ambedkar Road if work on that flyover begins. However, seven flyovers are already under construc tion on Ambedkar Road, which means work on Peddar Road will have to wait.

Deshmukh said the CM was also told about new technology that would be used on the Peddar Road flyover in response to some of the objections raised by residents’ association. For instance, vision barriers would be used to block the sight of vehicles moving along the flyover to maintain residents’ privacy.

  • Proposed Peddar Road flyover to stretch from Haji Ali to Wilson College
  • Construction of the 3-km flyover is likely to be delayed by 15 months
  • MSRDC told Chief Minister Vilasrao Deshmukh that it cannot simultaneously work on Dr B.R. Ambedkar Road and Peddar Road as that will cut off South Mumbai from suburbs

Source : HT (epaper)

JJ flyover to be open to traffic today

Add comment May 3rd, 2007

Mumbai: The JJ flyover is undergoing a pre-monsoon makeover. The flyover, considered a visual treat as well as an engineering marvel, was partially closed on Wednesday as a section of the roadway was resurfaced.

Officials in the Maharashtra State Road Development Corporation (MSRDC) said this section of the road was prone to flooding. “When there is heavy rain, water tends to collect on the roadway where there is an S curve and this has created potholes in the past which are difficult to fix. So we are cleaning everything up before the monsoon,’’ the official said.

“Work began early on Wednesday morning and it will be finished by late night. The roadway will be open to traffic on Thursday morning,’’ he added.

The flyover inaugurated in May 2002, was built at a cost of Rs 70 crore. It is the longest road bridge in the city, stretching across 2.4 km in one of the busiest areas of the metropolis. Potholes first began appearing on the roadway a few years back and several accidents have occurred when speeding motorists have crashed over dividers. The flyover now has large reflectors on the ground and along the walls to caution drivers as it twists and turns its way through a labyrinth of old buildings. The roadway traverses 22 small and large junctions along its path.

The resurfacing work is being done by Gammon India which had constructed the flyover with Dar Consultants UK acting as consultants. It was Dar Consultants which suggested an innovative design for the flyover, an elevated viaduct on a single pier that would not cut into the road width underneath the flyover, providing enough space for traffic lanes and parking spaces.

Source : TOI (epaper)

WIDTH MATTERS

Add comment May 2nd, 2007

Arterial Roads In The Western And Eastern Suburbs Are Becoming Wider, Giving You A Much Better Driving Experience.

WESTERN EXPRESS HIGHWAY

LENGTH: 24.35 km

CONNECTS: Bandra and Dahisar

MAXIMUM WIDTH: 61 metres (at Kandivli and Jogeshwari)

PROJECT COST: Rs 270 crore

STATUS: 80 per cent complete

The longest arterial road within BMC limits still sees a lot of work; it is being widened and strengthened at several places and new flyovers are coming up at the busier points like Kandivli and near the airport. The expressway has also been converted from a four-lane road to a 10-lane thoroughfare. It also has a couple of service lanes on either side at several places, making the Western Express Highway a 14-lane road on several stretches. All this widening has helped speed up traffic. The greatest beneficiary has been the BEST Undertaking, which runs several routes on the highway. Transport consultant Arun Mokashi, who travels along the WEH, is happy the way the road has shaped up. But he wishes that the bottlenecks near Borivli are done away with.

ANDHERI-KURLA ROAD

LENGTH: 4.77 km

CONNECTS: Andheri and Ghatkopar

MAXIMUM WIDTH: 27.45 metres (near Star Movies)

PROJECT COST: Rs 14 crore

STATUS: 75 per cent complete

The road links Andheri in the western suburbs with Ghatkopar in the east via Kurla. It joins the Eastern Express Highway and is now one of the main roads linking the western suburbs with the western suburbs. The widening of the road is still going on; the road is widest near Star Movies. Work is also not over on the western end; when it is done, the road will start at Versova.

This new road is already home to many of the new-age sectors like information technology and the media. The road also serves the SEEPZ area as well as the MIDC industrial estate and the airport.

Residents are happy with the load the road is taking. Travel agency owner and social activist Abraham Mathai says the Andheri-Ghatkopar Link Road (also called the Andheri-Kurla Link Road) has, over the last one year, improved a lot. “The road is now wide and movement along it has picked up but it still gets crowded at times,’’ he says.

EASTERN EXPRESS HIGHWAY

LENGTH: 18.31 km

CONNECTS: Sion and Mulund

MAXIMUM WIDTH: 61 metres (near Chembur)

PROJECT COST: Rs 124 crore

STATUS: 80 per cent complete

This is perhaps the second most important arterial road in the suburbs after the Western Express Highway. It extends from Sion in the island city right up to the Mulund Check Naka in the eastern suburbs, traversing a distance of more than 18 km. The highway has now been converted from an eightlane road to a 10-lane affair; and, if you add the two additional lanes on either side that are functional service roads, you end up with a 14-lane expressway.

And, at its widest, the Eastern Express Highway (just like its counterpart in the western suburbs) is a staggering 61 metres.

Speed has been the greatest gift of the Eastern Express Highway to people staying in and commuting to the eastern suburbs.

Even public transport — comprising the buses run by the BEST Undertaking — has speeded up remarkably, say people who use the road regularly.

Media executive Aditya Dighe, who stays in the eastern suburbs, says travelling has improved a lot after the widening of the road. But there continue to be bottlenecks at Sion, Vikhroli and Mulund. “The government should try and sort out these problems,’’ he demands.

LINK ROAD

LENGTH: 20.18 km

WILL CONNECT: Bandra and Dahisar

MAXIMUM WIDTH: 36.6 metres (near Goregaon-Malad)

PROJECT COST: Rs 94 crore

STATUS: 70 per cent complete

This is one of the newest additions to Mumbai’s network of roads. It is supposed to start at Bandra and reach Dahisar but the last bit — at the north between Kandivli and Dahisar — and a few other stretches are still missing; one such example is the stretch between Santacruz and Jogeshwari. But MMRDA engineer-in-charge J G Gandhi said the stretch was expected to be complete by December 2007. Even the incomplete road, however, has been a boon to commuters who agree that it has taken a huge load away from S V Road and the Western Express Highway. An executive in a private firm, Manish Shandiliya, who uses the road upto Jogeshwari regularly, says the difference the road has made over the last six months is noticeable. “But it will be an even bigger help when the road connects Bandra with Dahisar,’’ he said.

JOGESHWARI-VIKHROLI LINK ROAD

LENGTH: 10.46 km

CONNECTS: Jogeshwari and Vikhroli

MAXIMUM WIDTH: 45 metres (ahead of SEEPZ)

PROJECT COST: Rs 146 crore

STATUS: 80 per cent complete

The road is one of the two new main link roads being developed for better connectivity between the eastern suburbs and the western suburbs. It is one component of the city projects that are part of the Mumbai Urban Transport Project being financed by the World Bank.

The road has three flyovers — at SEEPZ, L&T and Gandhinagar — and a subway near the Hirandani Complex.

It has seen its share of delays, mainly because of rehabilitation-related issues, but officials feel the road will now be complete very soon.

Residents, however, say they are already getting the benefits of the incomplete road.

Charles D’Souza, who often drives from his home near the Western Express Highway to the Hiranandani Complex at Powai, says the area has improved and the drive is smooth except for a small patch that, officials say, will be ready soon. “I can reach Powai in 15 minutes now,’’ he says.

Source : TOI (epaper)

Dangerous After Dark

Add comment April 26th, 2007

Mumbai: Empty Roads, Few Cops, Fewer Signals And Thrill-Seeking Have Conspired To Make The City’s Roads Perilous At Night. It’s night and the roads are wide open. You command around 1300cc of machine and metal in your hands and the temptation to step on the gas is overpowering. You give in.

You speed through the empty streets of the sleeping metropolis, high on acceleration. But a vehicle, which can be either a necessity or a luxury, can just as easily be a killing machine as it can be a joytoy.

Figures compiled by the traffic department in the past year reveal that nearly 50% of fatal accidents in Mumbai occur in the dead of night or early morning. This, despite the fact that night-time traffic is almost 70% less than the day.
Of the 848 accidents that ended in fatalities in 2006, around 400 were blamed on rash, negligent or drunken driving at night.

Tuesday morning’s six-vehicle smash-up at Four Bungalows was yet another grim reminder that the streets are becoming increasingly dangerous after dark.

The temptation to pedalpush becomes even stronger as 80 to 90% of signals are off at night, said a traffic official. At the Four Bungalows junction early Tuesday morning, police said the lights were either flashing red or yellow at the time of the crash.

With only 20% of the 2,700-strong traffic police force—or around 550 cops—on duty along the city’s 1,970 sq km of roads at night, the urge to break the rules is even stronger.

Human error is resposnsible for a large number of night crashes, police said. “90% of the accidents occur due to human error, like falling asleep at the wheel or racing at breakneck speed through empty roads,’’ the traffic official said. Drivers also do not stop or slow down for flashing red or yellow lights.

In the first three months of 2007, the traffic department registered 6,170 cases of rash and negligent driving, a record of sorts. Also registered were 841 cases of drunken driving. “Drivers throw caution to the wind when the last beat constable ends his duty and goes home,’’ said the traffic official. “We have now installed speed guns at key roads in Bandra, Worli and Marine Drive. These are places where youth are known to race each other, especially on weekends.’’

Source: TOI(Mumabi epaper)

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