REGD. WITH AD.
R Pushpakumar ‘Sreerangam’
Pallippuram Post
Cherthala, Alappuzha
Kerala 688541
Email: pusaan@gmail.com
Dated: 29th September, 2007
Shri K C Behera
Under Secretary
M/o Shipping, RT & Highways
D/o RT & Highways
Transport Bhavan
1, Parliament Street
New Delhi 110011
Sir,
Sub: Information sought under the Right to Information Act, 2005
Ref: Letter No .RT-11012/12/2001-MVL dt. 17 09 2007 of that office.
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At the outset I wish to express my thanks for your letter cited under reference. As I am a person left paralysed below waist, and I badly require to pursue the matter rigorously, I request you to kindly send the following information urgently.
1. The exact reason of imposing a ban on modified scooters to register as ‘Invalid Carriage’ from 11-8-2000 onwards.
2. The ground on which the Sec.52 of the Motor Vehicles Act, 1988 was modified to the extend of disallowing any modifications on any vehicle. Was this amendment intended to limit the mobility of the disabled riders in India?
3. Prior to 11-8-2000 several modified vehicles were registered as ‘invalid carriage’ and I myself have been using a modified Kinetic Honda scooter registered as ‘invalid carriage’ for the last twelve years. The working of the vehicle was entirely satisfactory to meet my needs of mobility. Then why at this juncture the department should seek the opinion of the technical agencies, instead of restoring the provisions available to the disabled riders prior to the said period 11-8-2000.
4. The details of any data / statistics available with Dept. / Govt. on Accidents, Traffic Offences & Vehicle Failure of such modified scooters registered as ‘invalid carriage’ prior to the said period 11-8-2000.
5. Which are all the technical and non technical agencies consulted so far by the department in order to provide relief to the disabled community. Copies of communication with such agencies my kindly be provided.
Contd…page.2/-
6. What are all the recommendations made by the Pune based Automotive Research Association of India under the consideration of the department? Whether any other agencies have made recommendations in this regard? Copies of communication in this regard with the Automotive Research Association of India and other agencies my kindly be provided.
7. The number and detailed list of applicants whose cases are pending before the department for the registration of ‘invalid carriage’. The names and addresses may also be provided.
8. If such a large number of cases are pending before the department, what are all the steps so far taken by the government to redress their grievances?
9. It may be noted that the major portion of the buses and trucks plying on the roads carrying several passengers are fabricated by the local workshops and approved by the RTOs without seeking any prototype approval by the said Pune based technical agency. What are all the guidelines issued to the RTOs in this regard?
10. In case of the ‘invalid carriage’, only a minor modification is carried out to the existing models, in order to suite the requirements of the disabled persons. In what cognizance the modification of such vehicles alone are brought under the purview of the Sec.52 of the Motor Vehicles Act, 1988 and requiring prototype testing?
11. Copies of communications with the Ministry of Health in this regard may be provided.
12. Whether the Ministry of Social Justice & Empowerment has been consulted in this regard? If so the copies of communication may be provided.
As required P.O. worth Rs. 10/- towards fees payable is enclosed herewith. The applied information / records may be kindly posted / couriered to me.
Sir, I would request you to kindly consider this case as the product of an erroneous modification of the law without taking sufficient precautions while modifying it. I am approaching you for regaining my mobility and not to participate in any motor race. I have to live like others in the society, without depending anyone unnecessarily.
And ultimately I am seeking my ‘breath’ – yes, this vehicle is my breath, life, bread and soul.
Thanking you in anticipation & apologizing for the inconvenience if any caused.
Yours faithfully,
(R Pushpakumar)
Encl: PO worth Rs.10/-