This is Vishal Naik. I am a final year Law student at V.M Salgaoncar College of Law, Goa.
I want to bring to peoples notice one important issue affecting people of not only Goa but probably the whole India. The Motor Vehicle Act covers the whole India and under the motor vehicle rules the person appearing for driving test has bring a vehicle with dual breaking system. In fact all the vehicles plying on the road in india have dual breaking systems already installed by the manufacturer. One is the regular foot brake of the driver and second is the emergency break/hand brake mounted at the center of the vehicles. (Specific provisions in this regard are mentioned in the written arguments attached to this email) I first became aware of the issue when I went for driving test with my own private vehicle to the RTO office in Panjim. The motor Vehicle Inspector who was supposed to conduct my test refused to conduct my test since I had come in my private vehicle. He marked me absent for the test. So I applied for rescheduling of my driving test. This time another inspector also refused to conduct my driving test in my private vehicle and gave reasons in writing that my vehicle did not have "dual control". It is to be noted that neither the main act nor the rules use the term "dual control" anywhere. (specific provisions of law and arguments are mentioned in the appeal memo attached below). The motor vehicle inspectors wanted me to hire a driving school vehicle for giving driving test. Agrieved by this i filed Appeal under the MV Act before the Director of Transport, Panaji.(appeal memo dated 25/10/2017 attached) I argued that, since my vehicle had emergency brake/ handbrake my vehicle complies with the requirements of MV rules, the emergency brake is a valid secondary brake and can be used for emergency stopping during driving tests. The MV rules expressly state that all vehicles in India should have two braking systems. Hence when emergency brake already exists in a car a 3rd foot brake for front passenger seat is not required by law.(specific provisions mentioned in the written arguments attached to this email) Now since last 8 months the Director of Transport is hesitating to give final order to decide the issue. This is most probably due to political pressure, as if this issue is decided the corruption in the RTO department will come down to a significant extent. Director had also sought for the expert opinion of Manufacture i.e Maruti Suzuki India but the said communication was never delivered to the Manufacturer.(request for technical clarification attached). The driving school's charge from Rs. 500 to 3000 for using their vehicle for 5 to 10 minutes of driving test. I request you to bring the issue to public notice so that people become aware of the illegality carried out be the RTO department. Whatever the final decision on this issue, it will immensely help to both curb corruption and reduce untrained drivers getting driving license. I am attaching the documents about the whole issue which are filed before the director of Transport Goa. Vishal Naik Mob:8806856601 Attached files: 1. Appeal dated 25/10/2017 filed before the Director of transport, panaji. 2. My written arguments dtd. 7/12/2017. 3. Technical clarification sought from Maruti Suzuki India through the dealer dtd. 13/12/2017. 4. My reminder dated 27/06/2018 to the Director to pass final order.
