Sunday, September 8, 2019

Legal rights when traffic police cut challan

Heavy fines are now being imposed against those who do not obey the traffic rules. In this situation, it is important to understand the traffic rules completely. The advantage of this is that you will not have to give a fine without reason.

Police can seize a vehicle in these situations

  • When vehicle is standing in an heirless condition.
  • Parked where parking is not allowed.
  • When there is no complete documents or challan money. 
  • If a child is driving.
  • If the vehicle is being run without registration.

These four documents will strengthen your right on the road

  • Driving licence (DL) 
  • Registration Certificate (RC)
  • Insurance Certificate 
  • Valid Pollution Certificate (PUC) 

Of these, only the original copy of DL and PUC is valid. If you do not have the original copy of RC and the insurance certificate but a photo copy is available, then you cannot be charged for fine.You can also show DL and RC digitally in Digi Locker or mParivahan mobile app. Yes, if the law is broken then one of the DL or RC must be in original. The court challan is deducted only after seizing it.

Not Every Traffic Police Can fine

Traffic officers of and above the rank of ASI (assistant sub inspector) are authorised to give away traffic violation notices or challan, which are for spot challans. Officers of the rank of Assistant Sub-inspector (1 star), sub-inspector (2 star), inspector are authorised to collect spot fines. Any officer below the rank of Assistant Sub-inspector (ASI), which comprises constable & head constables, can only note down the nature of violation and vehicle registration number, and submit the information to the enforcement automation centre.

The traffic policeman can cut your challan only if he is wearing a uniform and has a name plate on that uniform. If he does not wear a uniform or does not have a name plate, then you have the right to refuse to pay him a fine.

Wrong Challan? 

If anyone feels that the police has deducted his wrong challan, then he can inform the court in which the challan is to be submitted. If he has any evidence, then he can show it to the court as well.

Sunday, September 1, 2019

Motor Vehicles (Amendment) Act,2019: Beware traffic violators - Heavy fines for traffic violations from today

High Traffic Penalty have come into force across the country from today under the Motor Vehicles (Amendment) Act 2019, which was approved by Parliament last month.

The Motor Vehicles (Amendment) Bill, 2019 was passed by the Parliament on 5 August and it was assented to take the form of an Act by the President on August 9.The ministry of transport issued a notification on 28th August listing all the laws that will be coming into force from 1st September, 2019.

The purpose of the amendment act is to enhance road safety, improve the process of issuing licenses and permits, eliminate corruption in RTO offices and using technology to regulate road traffic.

In all cases, a slight mistake will also result in heavy fines during driving. Whether it's a case of overspeed while driving, without a helmet, without a belt or drunk driving, the penalty is ready to go up by multiples.In some cases, there is a provision for punishment.

In some cases, the government has made a provision for cancellation of driving licences and even cancellation of vehicle registration certificate. If there is any crime or accident on the road during the driving of a minor, the car owner or guardian will be held guilty. The registration of that vehicle will also be canceled.

Laws under Motor Vehicles Amendment Act, 2019 with effect from September 1, 2019

Offence - General Challan
Section - 177
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 500

Offence - Driving without licence
Section - 181
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 5000

Offence - Driving without qualification
Section - 182
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 10000

Offence - Over speeding
Section - 183
Old Penalty - Rs 400
New Penalty(Minimum) - Rs 1000 for LMV, Rs 2000 for Medium Passenger Vehicle

Offence - Dangerous driving penalty
Section - 184
Old Penalty - Rs 1000
New Penalty(Minimum) - Upto Rs 5000

Offence - Drunken driving
Section - 185
Old Penalty - Rs 2000
New Penalty(Minimum) - Rs 10,000

Offence - Seat belt
Section - 194 B
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000

Offence - Overloading of two wheelers
Section - 194 C
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 2000, Disqualification for 3 months for licence

Offence - Without Helmets
Section - 194 D
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000 Disqualification for 3 months for licence

Offence - Not providing way for emergency vehicles
Section - 194 E
Old Penalty - 00 (New)
New Penalty(Minimum) - Rs 10,000

Offence - Driving Without Insurance
Section - 196
Old Penalty - Rs 1000
New Penalty(Minimum) - Rs 2000

Official Notification 👇