Calcutta: Traffic rules framed 29 years ago did not foresee the mobile phone becoming an object of obsession and a threat to road safety, but they do bar the use of earphones and even the car stereo while driving.

Caught in the grey area of an archaic rule and the practical problems in implementing it, a section of motorists, including app-cab drivers, have made mobile phone use almost an extension of the act of driving the vehicle.

In 2017, the city police prosecuted 38,876 people under two provisions of the West Bengal Motor Vehicles Rules, 1989, that prohibit distractions like talking over an earpiece or listening to music while at the wheel. Metro highlights what the law says and how it is implemented.

The provisions

Section 218(2) states that "no person shall wear earphones while driving any motor vehicle". Section 218(3) says that "no radio set/video set/gramophone/microphone/cassette recorder or any other apparatus to display and object on the screen with or without provision for amplification of any sound, voice etc shall be operated while the motor vehicle is moving within the limits of the city of Calcutta, including suburbs and Howrah Municipal Corporation and any municipality".

The interpretation is that anyone found using earphones while driving, irrespective of whether the offender is speaking to someone or listening to music, is liable for prosecution. It also means that any form of music, either on the audio system or through earphones and any display device, including GPS, can attract a penalty.

The challenges

"If we have to follow the rule word by word, we will have to ban music in a car. Any form of display gadgets like the GPS device too will have to be banned," said an officer in Lalbazar. Another officer said prosecution at the sight of someone using earphones isn't possible. "Wearing earphones does not confirm that the driver is speaking to someone or listening to music. So, we practically consider it safe if someone has both his/her hands on the steering. It is difficult to judge just by seeing someone with a pair of earphones if it is being used," he said.

The misuse

Most app-cab drivers call passengers and take directions over phone despite using a GPS device. "What is the purpose of GPS if the driver has to take directions over phone?" said an officer.

People who frequently use app cabs said drivers calling to ask where they should go is a common practice.

Officials of both Uber and Ola said their "priority" was safety. "We have zero tolerance for any kind of action that compromises the safety of our commuters," said a spokesperson for Ola. "We constantly remind driver partners of the importance of following road safety protocols," the Uber official said.