Can use of Bluetooth devices while driving vehicles be penalised? Kerala High Court seeks State govt response

The Kerala High Court on Wednesday sought the response of the State government on a plea seeking clarity on the rules applicable to motorists who use bluetooth and other hands-free devices while driving (Jiyas Jamal v. State of Kerala).Single-judge Justice Sunil Thomas directed the State Government to file its response on a Public Interest Litigation filed on the matter by advocate Jiyas Jamal..Advocate Feroze D, appearing for the petitioner, submitted that the State Police had, through a widely circulated post on its Facebook page, declared that persons found using hands-free devices while driving in the State would be penalised. News reports claiming that such persons would incur fines and repeated offenders would have their licenses suspended have also been published, he added.The petitioner had earlier submitted a representation to the Chief Secretary of Kerala to get clarification regarding the rules governing hands-free devices but is yet to receive a response..As per the Motor Vehicles Act,2019, any person using hand-held communication devices while driving is punishable under law.However, Feroze made the distinction that the rule bans the use of only ‘hand-held’ devices; not ‘hands-free’. Therefore, he contended that the government and police move to punish the public for using Bluetooth devices while driving does not have a legal backing as it is not supported by any statutory provisions under the relevant acts.."Now the government officials and the Director-General of Police without having any specific circular or order, supersede the present penal provisions, circulating a news that using Bluetooth/hands-free while driving may cause diversion of attention of the driver and he might have either partly or fully immersed in the conversation, which will affect his care and attention required as a driver and thus the person who is using the Bluetooth/ handsfree is liable for fine and for further penalties," the plea said..Alleging that this conflict and lack of clarity in the stance of the government regarding use of hands-free devices will cause serious hardships to motorists, the petitioner requested that directions may be issued to the authorities concerned to avoid vehicle checking over suspicion of hands-free usage until clarifications are received..While the Court declined to stay the State government's decision or pass any interim order in that regard, it directed the Government Pleader to get instructions on the matter. The case will be heard next on September 2, 2021.