Dear Vishal, Be reasonable. 1. A handbrake is not the same as a foot operated brake on the passenger side. The latter is life-saving, the former is not.
2. Expecting a measure designed to care for the examiners safety is not an indication of corruption by indirect means (forcing you to hire a driving school car). 3. If the Director of Transport is not giving his decision in a time-bound manner, have you not considered going to a higher authority? Roland. > On Jul 28, 2018, at 12:49 PM, Vishal Naik <vishalnai...@gmail.com> wrote: > > 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.