Page 459 - The Central Motor Vehicles Rules, 1989
P. 459

RULE 169        THE CENTRAL MOTOR VEHICLES RULES, 1989               431

                                      (2) A Good Samaritan who has informed the police of any accident involving a
                                 motor vehicle, or who has transported a victim of an accident involving a motor vehicle
                                 to the hospital, shall not be subjected to any further requirements by the police or the
                                 hospital, and shall be permitted to leave immediately.
                                      (3) No police officer or any other person, shall compel a Good Samaritan to disclose
                                 his name, identity, address or any such other personal details:
                                      PROVIDED that the Good Samaritan may voluntarily choose to disclose his name,
                                 address, and name of the injured person (if known) to the police officer:
                                      PROVIDED FURTHER that, if the Good Samaritan has voluntarily disclosed his
                                 name or personal details, the police officer shall not compel such person to become an
                                 eye-witness in the case, and choice of becoming an eye-witness shall solely rest with the
                                 Good Samaritan.
                                      (4) Notwithstanding anything contained in any other law for the time being in
                                 force, a Good Samaritan who transports a victim of an accident involving a motor vehicle
                                 to the hospital shall not be forced to,—
                                        (a) disclose any personal information, such as his name, telephone number and
                                            address, including for the purpose of the Medico-Legal Case Form;
                                        (b) fulfil any procedure related to the admission of an injured person or victim
                                            at the hospital; or
                                        (c) bear any medical expenses towards the treatment of an injured person or
                                            victim:
                                      PROVIDED that in case the Good Samaritan has volunteered his name, and if he
                                 so desires, the hospital shall provide an acknowledgement to such Good Samaritan, on
                                 official letter-pad, mentioning the name of the Good Samaritan, address, time, date,
                                 place of occurrence, and confirming that the injured person was brought by the said
                                 person:
                                      PROVIDED FURTHER that, a Good Samaritan who has witnessed the accident
                                 and volunteers to become an eye-witness may, in addition to his name and address, also
                                 indicate his willingness to become an eye-witness in order to facilitate the investigation
                                 process.
                                      (5) Every public and private hospital shall publish a charter in Hindi, English and
                                 vernacular language, at the entrance or other conspicuous location, and on their website,
                                 stating the rights of Good Samaritans under the Act and the rules made thereunder.
                                 169.   Examination of Good Samaritan
                                      (1) Notwithstanding anything to the contrary contained in any other law for the
                                                                                                      169
                                 time being in force, if a person has voluntarily agreed to become a witness in the case
                                 in which he has acted as a Good Samaritan, he shall be examined in accordance with
                                 the provisions of this rule.
                                      (2) The examination of a Good Samaritan shall be conducted at a time and place of
                                 his convenience, such as his place of residence or business, and the investigating officer
                                 shall accordingly be dressed in plain clothes:
                                      PROVIDED that the Good Samaritan may choose to have his examination done at
                                 the police station, and in such case, the examination shall be conducted in a time bound
                                 manner without causing undue delay, and as far as possible, completed in a single
                                 examination.
                                      (3) In case the Good Samaritan speaks a language other than the language of the
                                 investigating officer or the local language of the respective jurisdiction, the investigating
                                 officer shall arrange for an interpreter.
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