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4.4. Traffic Management, Regulation and Enforcement
The management of traffic to ensure safety for all road users is of critical importance. The Motor Vehicles Act, the Central Motor Vehicles Rules, and the Maharashtra Motor Vehicles Rules have provisions related to regulation and penalties for driving or parking motorized vehicles on cycle tracks.
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Extract from Motor Vehicles Act:
“138. Power of State Government to make rules. –(1) The State Government may make rules for carrying into effect the provisions of this Chapter other than the matters specified in section 137. (2) Without prejudice to the generality of the foregoing power, such rules may provide for –(h) prohibiting the use of foot-paths or pavements by motor vehicles;”
Extract from Central Motor Vehicle Rules:
8 Caution at road junction - The driver of a motor vehicle shall slow down when approaching at a road intersection, a road junction, pedestrian crossing or a road corner, and shall not enter any such intersection, junction or crossing until he has become aware that he may do so without endangering the safety of persons thereon. 11 Right of way - The pedestrians have the right of way at uncontrolled pedestrian crossings. When any road is provided with footpath or cycle track specially for other traffic, except with permission of a police officer in uniform, a driver shall not drive on such footpath or track. 15 Parking of the vehicle - (1) Every driver of a motor vehicle parking on any road shall park in such a way that it does not cause or is not likely to cause danger, obstruction or undue inconvenience to other road users and the manner of parking is indicated by any sign board or markings on the road side, he shall park his vehicle in such manner. (2) A driver of a motor vehicle shall not park his vehicle - (ii) on a foot-path;
Extract from Maharashtra Motor Vehicle Rules:
“228. Footpaths, cycle tracks and traffic segregation — Where any road or street is provided with footpaths, or tracks, no person shall, save with the sanction of a police officer in uniform, drive any motor vehicle or cause or allow any motor vehicle to be driven on any such footpath or track.”
Extract from Gazette of India, New Delhi, 23rd June 2017 (for Motor Vehicle Act, 1988):
39. Pedestrian crossings, footpaths and cycle tracks (1) While approaching an uncontrolled pedestrian crossing, the driver shall slowdown, stop and give way to pedestrians, users of invalid carriages and wheelchairs. (2) If traffic has come to a standstill, the driver shall not drive the vehicle on the pedestrian crossing if he is unlikely to be able to move further and thereby block the pedestrian crossing. (3) When any road is provided with a footpath or cycle track, no vehicle shall drive on such footpath or track, except on the directions of a police officer in uniform or where traffic signs permitting such movement have been displayed.
Additional Supportive Mechanisms
The following additional mechanisms shall be undertaken to enhance the effectiveness of traffic management and regulation for safety of all road users:
1. An annual ‘Road and Cycle Safety Plan’ process will be undertaken by the Bicycle Department in conjunction with the PMC Traffic Dept, PMC Road Dept, PMC Encroachment Dept and Traffic
Police. The purpose is to provide a platform for coordination of traffic management measures and coordination between these agencies. The process will include a. review of data and information on accidents, traffic violations, infrastructure audits, complaints etc b. root cause analysis including invited road safety experts if needed c. preparation of the traffic management, regulation and enforcement plans, including identification of personnel and equipment needs, the plans for enforcement drives and potential media and awareness campaigns in conjunction with enforcement drives. 2. PMC would constitute a Cycle Wardens Patrol to monitor the cycle tracks (on cycle), and record usage and violations using cameras, which may be hand held/ helmet / body mounted. 3. CCTV shall be installed in locations identified as especially vulnerable, where motorized twowheelers are likely to, or are known to, encroach upon cycle tracks, at junctions and any such locations that require monitoring 4. Recordings from the Cycle Wardens and CCTVs may be used for issuing e-challans and penalties.
