The Madras High Court passed this favourable ruling on a PIL initiated by Advocate B Ramkumar Adityen
It is often seen that some two wheeler riders prefer to remove rear-view / side-view mirrors of their vehicles soon after purchase. When asked why they remove, most of them say that by removing mirrors their vehicle looks more stylish. They feel that this adds to vehicle aesthetics. They maybe right, but this throws caution to the wind in terms of safety.
However, following the new court order, scooter and motorcycle owners who remove the rear view / side view mirrors would have to think twice as it could result in loss of warranty. When assessing statistics of two wheeler accidents, it is seen that a large number of accidents occur due to this factor as riders fail to get a clear view of the approaching traffic from behind them.
Importance Of Rear View Mirrors
These mirrors play an important role in allowing the rider to make a calculated judgment when riding a vehicle on a public road. Removal of these put both the rider and other road users at high risk. It was for this purpose that a PIL was moved by advocate B Ramkumar Adityan. He stated that since these mirrors positioned on both sides of the handle, play such a significant role in road safety, that the removal of these should result in cancellation of two wheeler warranty.
In the affidavit, the Petition stated that the number of two wheelers in the state had increased from 32.14 lakh (8.35 lakh motorcycles, 5.46 lakh scooters and 18.32 lakh mopeds) in 1999 to 2.49 crore (1.57 crore motorcycles, 36.59 lakh scooters and 54.74 lakh mopeds) in 2020.
As per the Madras High Court order, headed by Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, the warranty would stand cancelled for any two wheeler minus the rear view / side view mirrors which have been removed purely for aesthetic reasons. The court has also issued directions to the Tamil Nadu Transport Commissioner to pass orders to all two wheeler dealerships. They should caution buyers in terms of warranty which would be declared null and void if they remove the mirrors after purchase.
Vehicle manufacturers should also include a clause to such effect, the Bench stated. Along with the cancellation of warranty, the petitioner also sought a direction to impose a fine of Rs 500 on those who ride two-wheelers without rear-view mirrors and Rs 1,500 on repeat offenders.
The order also stated that it was on 9th November 2017 that the Madurai Bench had passed a similar order. Despite this, two wheeler riders were being allowed to ride their vehicles after removing the side / rear view mirrors. Strict compliance to the order should be adhered to which is in accordance with Motor Vehicles Act, 1988.
Related News on TN Road Accidents
Activists urge caution as accidents in the state of Tamil Nadu have seen a significant rise since the easing of the lockdown. The state road safety counsel has invited stake holders to discuss ways to reduce such road accidents. Taking the first 5 months of 2021 into account, there were around 7,200 road accidents on highways in the state with 55 percent involving two wheelers. The State Government has identified 317 accident spots on the road and directed local authorities to keep a vigilant eye on rash and negligent driving.
