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Reports coming out of India are suggesting that vehicle manufacturer will soon be forced to withdraw its manufacturers warranty if an owner voluntarily removes the side-view mirrors of a motorcycle or a car.

According to the Times of India, a Madras High Court has suggested that a vehicle’s warranty be terminated for such violations.

The report says that the Chief Justice as well as the Justice of the High Court has passed the order after it was pointed out that “removing such mirrors was the primary cause for many road accidents”.

The court then went on to direct India’s transport commissioner to instruct dealers to caution buyers that the warranty of the new vehicle may be revoked if the side mirrors were removed after purchase.

“If necessary, vehicle manufacturers and dealers may be directed to incorporate a clause to such effect in the terms of warranty,” the court said.

The court passed the order after a ‘People’s Interest Litigation’ (PIL) was moved by advocate B Ramkumar Adityan.

The advocate suggested that rear-view mirrors and sideview mirrors play a significant role.

He relied on accident statistics and went on to say that a large number of accidents in India were caused only on account of such negligence of motorcycle riders.

He then pointed to another order that was passed in 2017 by a Madurai court.

In that order, the Transport Commissioner was directed to issue suitable instructions with regards to road safety.

But despite that order, motorcycle riders are still being permitted to ride without side-view mirrors.

Whether or not this law will see the light of day is yet to be seen, but one can only imagine the chaos if such a law was implemented in Malaysia.

Sumber gambar: zaharibb.com
  • Pindaan kepada Akta Pengangkutan Jalan membolehkan majlis perbandaran untuk melantik warden trafik mereka sendiri.
  • Warden-warden ini boleh menguatkuasakan undang-undang trafik berbanding hanya mengeluarkan saman parkir.
  • Pindaan ini juga bermakna agensi penguatkuasaan trafik hanya boleh mengeluarkan saman mahkamah dan bukan saman kompaun.

(more…)

  • Amendments to the Road Transport Act (RTA) allow local councils to appoint their own traffic wardens.

  • These wardens can enforce traffic laws instead of just issuing parking fines.

  • The amendments also mean traffic enforcement agencies can only issue court summons instead of compound fines.

We have seen motorists flout traffic laws under the noses of Dewan Bandaraya enforcement officers, but the officers could nothing about them. That will soon change when the Road Transport (Amendment) Bill 2018 takes effect.

Local Traffic Wardens

The Dewan Rakyat passed an amendment to Section 3(4B) of the Road Transport Act on 11thDecember. According to the section, local councils (Dewan Bandaraya and Majlis Perbandaran) can now appoint their own traffic wardens. These wardens can enforce traffic laws, for example against a motorcyclist running the red light. This is great news indeed as the police need assistance in enforcing the laws.

However, a restriction was added to Section 4 of the act. It details that the local council traffic wardens can only enforce laws within the areas under their jurisdiction only. It means Dewan Bandaraya Kuala Lumpur wardens cannot act on offences in Shah Alam.

So, please stop at the red light and park in allocated spaces.

Court Summons Instead of Compound Fines

An amendment to Section 120 of the RTA states that traffic enforcement agencies no longer have the discretion to compound offences. A fine (saman) means you can pay it at your own leisure. however, a court summons means you have to attend court and answer to the magistrate.

The agencies will need to first obtain the consent of the Attorney General in writing in order to issue a fine.

Failure to appear in court will result in an arrest warrant being issued.

This is serious, so please do remember. It may sound draconian, but it is probably one of the more effective ways to stop errand motorists.

Source: asklegal.my

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