While travelling on highways in North India — the States of Punjab and Haryana — one comes across a familiar menace. Hordes of so-called VIP cars, with blazing red-lights and blaring sirens, move at dangerous speeds, intimidating fellow travellers in gross violation of traffic laws, in typical North Indian tradition of ‘might is right’. The disrespect shown to their fellow travellers almost borders on contempt. It poses a great risk to life and property too.Nobody seems to object to this blatant muscle-flexing. This may be because of the very feudal nature of the social milieu in which we all grew up, or partly because we are all guilty of a lack of respect for laws and bullying others in our own way.Bigger vehicles intimidating smaller vehicles is a common sight on our roads. The centuries-old caste system, coupled with the feudal past, have distorted mindsets so much that most people look down upon anyone who is perceived to be below them in the social hierarchy. This is also reflected in the behaviour on the roads. So much so that ‘traffic gestures’ which evolved in developed societies to signify ‘you first’, are used to say ‘me first’.For example, a flash of headlights is given to indicate to the oncoming traffic to pass and to say that ‘I am waiting’. But in our country, it is exactly the opposite — flashing the headlights once is considered as an instrument of securing right of way. Another example of ‘me first’ can be seen at stoppages, especially railway crossings, where vehicles queue up in three or even four lanes, leading to chaos when the traffic opens.Coming back to the menace of red-lights and sirens, the Punjab and Haryana High Court decided to intervene a few years back on the petition filed by some conscientious citizens. What emerged were detailed guidelines giving a list of functionaries entitled to use emergency lights and emergency sirens. This list was prepared by the bureaucracy under the supervision of the Court. Detailed procedures regarding authorisation etc. were laid down. Giving force too these guidelines, their violation was even made punishable under the Contempt of the Court Act, 1971 by the High Court. But so strong is the influence of our feudal past that even this well-meaning effort has ended up giving the self-styled VVIPs a licence to indulge in traffic violations.The list of functionaries who are entitled to use red-lights atop their vehicles makes an interesting reading. Besides the Ministers, MPs and MLAs, the Secretaries to the Government, High Court Judges, Chairmen of Public Service Commissions and several other public functionaries who considered themselves important enough, got themselves included in the list. The basic purpose of having a light or siren atop a vehicle was lost sight of while preparing this list. What kind of emergencies are dealt with by members of the Public Service Commissions, senior bureaucrats, politicians and judges? Why should they be permitted to use a red-light?To answer this, it is important to understand the concept of an emergency light and siren. The purpose is to provide faster access to emergency services like ambulances, the fire brigade, police etc. For this reason, a vehicle fitted with the light and siren is termed as emergency vehicle, and normal traffic laws don’t apply when it they are on. This implies that in an emergency, such a vehicle can overspeed, overtake from the left or even drive in the wrong lane etc. The rest of the traffic is supposed to give way. In the normal course, every driver has a responsibility to drive safely, and dangerous driving causing risk to the life and property of others is an offence punishable under law. But with the emergency light on, his responsibility shifts to others. Therefore, the light and siren are to be used only in real emergencies.The Indian Motor Vehicle Act, 1988 is silent on this vital issue. But traffic laws in developed countries clearly define emergency vehicles, emergency lights, situations in which they can be used, duties of the public on being approached by an emergency vehicle, etc. For example, Section 374 (41) of New York State Vehicle & Traffic Law (Available on www.nysgisc.state.ny.us) states that, ‘‘an emergency vehicle is defined as a police vehicle, ambulance or fire truck. These vehicles may have red, white or a combination of red and white lights which, when responding to an emergency, are constantly moving’’.This definition leaves no ambiguity as to who can use emergency lights and under what conditions.In fact, in Hollywood movies, police are shown taking out and putting the emergency lights atop the patrol vehicle as soon as they get a call to respond to an emergency. When I was serving in a UN peacekeeping mission in Eastern Europe a few years back, a police officer was severely dealt with when she was caught overspeeding, with the emergency light on, while going for refuelling.It is clear that there is a need to define emergency services, emergency lights and their usage by way of amendments in the Motor Vehicle Act. Till that time, executive instructions may be issued to fill the vacuum. It is not correct to authorise people to use red-lights based on their status. Why create such a privileged class? Let only emergency services use emergency lights. Everyone else should be barred from doing so.The writer is an IPS officer who has been SP, Haryana Highway Patrol and Road Safety
