Can cops fine cyclists even though bicycles are exempt from the MVA?

Bicycles do not come under the Motor Vehicles Act. Despite this, traffic cops still impose penalties against bicyclists as per Motor Vehicles Act.

BHPian Beemer1077 recently shared this with other enthusiasts.

We all know that safety is a necessity, not an option. Which means that some laws the are enforced against motor vehicles are for everyone's safety.

However, law enforcement can sometimes misuse power against those who do not even fall into that section. Which means that bicycles do not come under the Motor Vehicles Act. Despite this, traffic cops still impose penalties against bicyclists as per Motor Vehicles Act, which is unauthorized, illegal, and unconstitutional.

Regarding that, there are some roads in India where bicycles are not allowed and not supposed to ride on. These are mostly expressways. But to ban them on internal city roads, is not only unfair, it is also illegal if it is not authorized - this has been in Kolkata, where it is illegal to ride a bicycle on some roads, only because they cause traffic congestion. It sounds totally absurd.

Furthermore, be it on Bandra-Worli Sea Link, Coastal Road, Atal Setu, or Eastern Freeway, Mumbai Police imposes heavy penalties against bicyclists, which are neither mentioned on their website, nor on the Motor Vehicles Act. Not only is this illegal, it is also unconstitutional. If someone refuses to pay the penalties, the bicycle tires are either deflated, or the bicycle is seized/impounded and towed illegally by traffic cops. Not only this is a gross violation of basic civil rights, it is also police misconduct.

Therefore, to all bicyclists, next time cops do something to you on bicycles, record it and file a PIL in courts. This will serve them right. The protests in Kolkata were suppressed, but we all can make life hell for authorities in a different manner.

Here's what BHPian alpha1 had to say on the matter:

While I am not again the spirit of your post, I believe the aforementioned roads clearly mention at the starting that Bicycles are allowed. Therefore, ideally there shouldn't be a scenario of someone being caught and fined or tyres deflated because he/she shouldn't be present on such road.

Next, the debatable point about why they are not allowed. I understand that out of all countless roads, avenues, streets, margs, lanes, etc in the crowded metropolis of Mumbai, the above 3-4 roads are the only ones you are assured of > 60 kmph speed of all the traffic all the time.

Slower moving vehicles like bicycle, three wheelers, goods vehicles, bullock carts are not allowed on any of these not just because of possibility of general slow down and congestion of traffic, but also because the other high-speed traffic is a safety hazard to people in/on such a vehicle. There is no separate lane for low-speed traffic on these roads.

Why do we want to increase the risk of injury/death to these people by allowing entry?

Here's what BHPian ninjatalli had to say on the matter:

It's not absurd. It's being considerate of preventing situations that could turn out into much bigger problems. As a cyclist, I would love to cycle on the Worli sea-link or the expressways. As a car owner, I would be extremely concerned seeing cyclists on such roads.

Do remember once they allow one cyclist, all cycles would be allowed. So it's not only the serious / fast riding cyclists who will zip through these roads at high speeds.

• That would include leisurely riding folks who, without a concern in the world, at times would be riding in pairs or sets of 3 cycles in parallel. These also would be stopping to take selfies and videos; or even doing it while riding. (something I see a lot of my serious cycling friends do on a daily basis).
• And then you'd have the lower income group who use cycles for their daily mode of transport; that's a pretty large group.

I don't know which internal roads in Kolkata you are talking about; but across Mumbai & Bangalore; there are a fair number of such roads where cycles are not allowed. The signage is displayed quite prominently and for good reason.

Here's what BHPian anjan_c2007 had to say on the matter:

The facts are clear and the police does not have the mandate to effect their own notification/ order banning bicycles from the specified streets in Kolkata. Vide the media report and as per the Section 4 (2) of the West Bengal Traffic Regulation Act, 1965, the order by the police has to be approved by the state government within two months that has not been done. The police is on a sticky wicket with an infructuous order in this specific case. And many governments act as sugar daddies during elections.

But the contention that bicycles and other classes of non, self- propelled vehicles, not covered under the Motor Vehicles Act cannot be subject to police action is not true. Such offences can be booked under Section 268 of the IPC under public nuisances. Hence under this section stray cattle owners, cyclists who create nuisance in public places, bullock carts, hand carts, cycle rickshaws and even the two wheeler EV's with less than maximum 25 kmph (not covered under the M V Act) and other such non, self -propelled vehicles creating public nuisance are liable to be booked.

Section 268 of IPC (Public Nuisance)

A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.A common nuisance is not excused on the ground that it causes some convenience or advantage.

They can also apply Section 283 of the IPC in certain such cases viz. Causing danger, obstruction or, injury in any public way or line of navigation.

Hence, if any such non, self-propelled vehicles or objects are not covered under the M V Act we need not be sanguine that no action as such can be taken by law enforcers.

Here's what BHPian ebonho had to say on the matter:

I don't know when you moved out of Poona, but here now the Pune University authorities have banned bicycles. Auto can freely zig zag around like maniacs, no problemo. But cyclists gave been deemed a hazard (apparently one knocked a professor down on his evening walk) and completely banned from the premises of the entire campus.

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