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.