Matters relating to Motor Vehicles and
Driving!
I am assuming you are reasonably familiar with the basic laws and rules
relating to Motor Vehicles and Driving, and that you make every effort to
comply with the same. If not then please read below for references to all
related laws and rules.
I.
What you should know when dealing
with Traffic Police or RTA Authorities?
Assuming you are a law abiding motorist, if you were ever caught by the traffic
police or the RTA officers abusing their authority or illegally subjecting you
to fine (challan) or detained your vehicle etc, then knowing the following will
help.
(1) What is a traffic Challan?
The term Challan is not defined in law. It is a practice or
procedural term used by many offices and processes related to law enforcement
and in courts. As it relates to traffic police, the term Challan means a notice
of charge by the prosecution side (police). When a traffic police or an RTA
(Road Transport Authority) officer issues a challan it merely means that he/she
notifies you that you have violated one or more of the law(s)/rule(s) related
to the motor vehicles. The Challan can be issued only by designated officers
(per G.O referred above) and in most states it must be officers of Sub
Inspector rank or above. When a Challan is issued to you, you are obligated to
acknowledge it but not necessary to pay it immediately even if you agree to the
violation.
(2) I received a Challan, What should I do next?
Immediately upon receiving the Challan, i.e when the officer
asks you to sign it, don't sign it. Be cool and request the concerned officer
that you need to read it before you acknowledge it. In all likelihood they
should be OK with it. Read it and ensure that you understand the violation(s)
listed therein. Then you decide whether or not you accept the violations.
If you accept the violations, and you have enough
money to compound it by paying the same, then circle on the compound option and
pay up the challan and get the receipt and move on. If you do no not have
enough money then simply acknowledge the challan and inform the officer that
you will take care of the challan in the next few days. Show him any address
proof you may have with you (it is good to have one). At this time some police
men might insist that you pay the challan on the spot which is illegal. What to
do in this scenario is documented somewhere below.
If you do not accept one or all of the violation(s),
then you be sure to strike down the compound option by crossing it out and then
acknowledge it and inform the officer that you will be contesting the Challan
at the Court and request him to send the summon to your current address and
show him your address proof if available (it is good to have one). At this time
some police men might insist that you pay the challan on the spot and contest
it later, which is illegal. It is not possible in law to pay the challan, i.e
to compound the offence(s), and challenge it later. If you think logically is
it not even possible to make a law like that. What to do in this scenario is
documented below.
(3) Traffic Police or RTA officer insist that I pay the Challan on the
spot. What should I do?
It is your right to pay the challan or contest it. Paying
the Challan can be at the spot, later at the police station or other designated
offices (such as eSeva in Hyderabad) or if you received a summon from the court
on the same challan then you could pay it at the court on first day hearing
where you can simply admit the mistake and pay the fine. The decision is yours
and yours only. The above is your right and no one can take away that right
legally. Similarly, you have the right to contest a traffic or an RTA Challan
and that cannot be taken away from you legally.
Note: Once you pay the
Challan there is no way you can legally contest it later, without substantial
proof to show that you were forced to pay the Challan. Some cops say that you
can do so that is not correct. Paying up the Challan legally means that you
admit to the crime and paid the fine as per the law. This is called compounding
I legal temrs. So, once the Challan is paid then it is not possible to approach
the local criminal court to challenge it, since the Challan will be filed as
closed. The options in such cases are, either to file a criminal case against
the traffic police at the local criminal Court for abusing the authority,
intimidation, detainment etc. or approach the High Court. You can also lodge a
complaint with the govt or senior police officers for disciplinary action, and
follow up on it, which eventually can be taken up with the High Court if no
action is coming from the senior officers or the govt.
When such a dispute arises and the traffic police or RTA
officer insists that you pay on the spot, it will invariably involve the
officer detaining your vehicle against your will and against the law. The
police officers do that thinking either they have the right to do so or mostly
they know that almost all motorists will give up and yield to their demand
instead of fighting against that illegal practice. If you are faced with a situation
like that then it is important that you stay calm and not offend the police or
RTA officer. Spooking or irritating the officer is not going to help your
cause. Take your time to calm yourself, digest the situation, weigh your
private situation against your public obligations etc. Be sure to audio or
video record the incident, if possible in secret, even if you decided not to
fight against the atrocity. Mere sharing of such recordings with the government
and the higher courts later would be helpful to the cause. We should always
gather and share evidences as much as possible regardless of our intent to
fight directly against such things.
After clear thought and consideration, should you decide
to fightback or want to group with like minded people and fight, then here is
your goal:
"to create enough evidence that you were forced to pay
the Challan against your will and that your vehicle was detained until you pay
up the Challan on the spot". Such evidences can be collected both
thru the audio/video recordings as well as in the Challan itself before you
receive your copy of the Challan. Remember that the Challan is in a booklet
with carbon copy which will bear all your writings in it in the carbon office
copy that would be useful to prove your case later, should you chose to contest
it in court. You need evidence to fight and no amount of verbal evidence would
help much, normally.
So, here is what you do to systematically collect the evidence:
(1) If possible, audio or video record the incident.
(2) Remember to make the decision to fight
back or collect evidences before acknowledging (i.e signing) the Challan. If
you singed the Challan mechanically then it is possible for the officer to just
circle the compounding and insist that you pay.
(3) Cross mark the compounding option in the
Challan. It should be near the bottom of the Challan.
(4) Select the option to contest, if one is
available upon your careful perusal of the Challan. If no such option is
available then
write clearly (in white spaces available in the challan)
that
"I want to contest or pay the fine later".
(5) Then sign on the challan as requested by the
officer. If the officer is still insisting that you pay on the spot, then you
request the officer politely, officer, as per my lawyer that I need not pay
right now but if you insist then you please state that in that in the challan
by writing 'accused refused to pay, I detained the vehicle until the challan is
paid' and if you do that then I will pay the challan now. If the officer is OK
with it and writes it on the challan, then you collect the Challan with all
those details and pay it now. Ff the officer is not ok then go to the next
step.
(6) Ask the officer that you want to write
the compounding yourself since you crossed it earlier. Normally they need you
to counter sign one more time for the compounding and thus they would give you
the Challan book. Once you for the Challan book, you can simply the fact that
"I refused to pay but the officer insisted that I pay the Challan on the
spot or else he will not release my vehicle". use short form of that if
required and then sign for the compounding and pay it.
(7) Collect the Challan and on the back note
down the officer name, location of the incident, name of the officer,
designation, date and time of the incident etc.
(8) Meticulously save the Challan and any
other evidences you may have gathered.
Once you have the evidences, then you have the option of doing many things
to set them right, some of them are:
(i) Lodge a complaint against abuse of authority and
illegal detainment with police higher authority as well as to the government
(home department).
(ii)Lodge a complaint with Human Rights Commission
(iii) Lodge a writ petition with the High Court for
declaration of the action of the police as illegal, claim damages (if you have
suffered anything), if you have filed a complaint with the govt then you can
also ask the court to direct the government to take action etc..
Note: If there are enough complaints to each of the above authorities
then it will surely make a difference. Everyday millions of motorists are
affected and thus even if 5 such complaints are made every day, it would make a
big difference.
Further, if you are still not sure whether or not
it is illegal for police officers to insist on the spot payment, then read this
Supreme Court judgment, "P. RATNAKAR RAO & ORS. Vs. GOVERNMENT OF
ANDHRAPRADESH & ORS. [1996 AIR 2523, 1996(
2 )Suppl.SCR 866, 1996( 5 )SCC 359, 1996( 5 )SCALE386 , 1996(
6 )JT 624] ". You can download it from the internet. I am
capturing some snippets herein from that judgment that are of relevant here.
Speaking on Section 200(1) of The Central Motor Vehicle Act, the court
observed:
"It is not mandatory that the authorized officer would always compound the
offence. It is conditional upon the willingness of the accused to have the
offences compounded. It may also be done before the institution of the prosecution
case. In the event of the petitioner's willing to have the offence compounded,
the authorized officer gets jurisdiction and authority to compound the offence
and call upon the accused to pay the same.".............
"It is a matter of volition or willingness
on the part of the accused either to accept compounding of the offence or to
face the prosecution in the appropriate court."
Thus,
it is absolutely illegal for an authorized police or RTA officer to insist you
pay the fine on the spot. The above judgment is only 3 pages if you like to
print it and keep it for your reference.
(4) What is the correct procedure to be followed by the Police or RTA
officers after issuing Challan?
The authorized officers must specify a date within
which the accused (Challan holder) must pay the Challan and if the Challan is
not paid within that time then officer MUST file a case against the Challan
holder at the appropriate court (traffic court). The Court then shall issue
summon to the Challan holder to appear and either pay up the Challan or contest
it. Contesting the Challan, if chosen, is same as any other criminal summary
trials. If the accused chooses to contest and fails to prove his/her case then
the court will order penalty and/or punishment depending on the violations.
(5) My vehicle is stopped by traffic police due to pending challans,
should I pay it?
No you do not. Only a court can insist, after due trial,
that you pay up the penalty or go to jail. A Challan (compoundable Challan)
that is not filed with a court within 6 months becomes invalid, as even a court
cannot take up the case after six months. If a Challan includes an offence
which is punishable with imprisonment, then it invariably has to be filed with
the court as per the bar placed by Section.468 of Criminal Procedure Code
(CrPC). Here is how S.468 of CrPC reads:
"468.
Bar to taking cognizance after lapse of the period of limitation:-(1) Except as otherwise provided
elsewhere in this Code, no Court shall take cognizance of an offence of the
category specified in sub-section (2), after the expiry of the period of
limitation.
(2) The period of limitation
shall be :- (a) six months, if the offence is punishable with fine only; (b)
one year, if the offence is punishable with imprisonment for a term not
exceeding one year; (c) three years, if the offence is punishable with
imprisonment for a term exceeding one year but not exceeding three years."
Challans are issued for offences punishable with fine
only and thus they are hit by S.468 of CrPC in six months and thus no Challans
are valid after six months if it is not already filed in a court of law and the
court has issued a summon! It is
illegal
to collect fine after 6 six months of its issuance by the police or RTA
officers.
(6) I did not carry the documents (one or more of registration,/driving
license/insurance/pollution control etc), should I pay the Challan?
Not carrying these basic documents are not a crime but
they are subject to validation. This is covered under Rule 139 of The Central
Motor Vehicle Rules. This rule provides 15 days grace period for you to provide
a certified copy of the respective documents to the officer who issued you a
challan, upon which the Challan becomes void. The document can be register
posted or submitted in person. The document must be a valid document as on the
date of the issuance of the challan. For example, if you are issued a challan
for not carrying the insurance paper on Oct 15th then the insurance paper you
submit later must be effective as on Oct 15th or else you are subject to penalty
under section 196 of The Central Motor Vehicle Act, as it comes under driving
an uninsured vehicle which is a separate offence. Similarly if your
registration is not valid on the date of the Challan then it is a major offence
as such. But if you have valid documents then such valid documents can be shown/submitted
within 15 days and upon which the Challan must be nullified.
(7) Police Commissioners
or Police Department issued a statement saying that they are going to increase
the fine amount. Are they authorized to do so?
The power to specify the penalty
mostly lies with the Parliament as is has specified the same for most of it.
i.e the Parliament has specified a specific penalties/fine amount for most of
the sections specifically and in addition, it has also added a general penalty
clause, section S.177 of the Act that specifies a general penalty for offences
under acts/rules for which specific penalty hasn't been specified in the act or
rules. That means even the statement government has very limited authority to
specify penalty amount and they cannot change the penalty amount as such. Most
penalties are modifiable only by the Parliament. That being the case, the
police department has no such power or authority. The only thing they can do
is, if the fine amount was increased by the parliament then they may continue
to charge the old and lesser fine amounts. Further, some penalties are specified
as maximum penalty and thus, depending on the severity of the offence the
police or RTA officers can charge a smaller amount but never more than what is
allowed by the parliament.
(8) Should I carry the “pollution under control” sticker
at all times? What if I didn’t have one?
The law advises you to carry a
certificate of “pollution under control” by authorized pollution checking
agents. But not carrying the certificate or not doing the pollution check is
not a crime as such under the motor vehicle act/rules. The reason being the
crime is committed only when you drive the vehicle that causes pollution in
excess of the allowed limits. The carrying of the certificate is only for the
authority to decide whether a new test is required or not, as generally the
engines might not go bad within six months. Even if you have a valid pollution
under control certificate with you, a traffic police or an RTA officer can
still direct that the vehicle owner does a new pollution check and submit a new
certificate, if the officer suspects that your vehicle may not be in compliance
of the pollution standards. The officer can do one of the following:
(1)
Issue a
Challan directing the owner to conduct a test and submit a new certificate
within 7 days.
(2)
Issue a
challan directing you to produce a valid pollution control certificate, whether
the valid one that is at home/office or a new one and it is up to you to make
the choice and comply with it.
(3)
The
officer can also take you to the testing center and conduct the test in his
presence.
If the new certificate and or in person test shows your vehicle is not in
compliance and your last certificate has already expired, then the officer can
fine you as well as direct you to fix the vehicle and make it pollution
compliance. The fine is u/s 190(2) and the fine amount is Rs.1000/- . If you
have a pollution certificate that is less than six months old then the officer
cannot fine you; but in both cases the officer can direct you to fix the
vehicle and bring a new pollution control certificate within 7 days after that.
If you do not comply then the officer can recommend to the RTA for suspension
of the registration until you comply with it. Any time you drive the vehicle
without pollution compliance, you are subjected to fine u/s 190(2) of The
Central Motor Vehicle Act and once your vehicle registration is suspended then
you will also come under more violations if you drive it around.
(8) I see motorists violating the laws all the time. Can
I do something about it?
As a concerned and responsible citizen we can do plenty of things to
bring about the culture of responsible driving and usage of roadways. I am
reminded of the African proverb, ‘It takes a village to raise a Child’, which
is very fitting when it comes to the enforcement of traffic rules. It certainly
is not possible for the traffic police to monitor every part of the roadways.
So, as a responsible citizen, you can do one or more of the following:
(1)
Put a
sticker in the front and back of your car (large enough) that read “I Follow
Traffic Rules”.
(2)
When
possible, politely request the violator to follow traffic rules and point them
to your sticker.
(3)
When
possible, politely remind them of the violation they had just committed and
point them to your sticker.
(4)
Have
someone do video recording of the traffic violation or a picture which contains
sufficient details about the violation and the identification of the vehicle and
send it to the traffic police station or the traffic headquarters. If enough
complaints are received then I am sure the traffic police will start utilizing
that information for issuance of the challan based on such evidence.
(5)
Work
with the traffic police department and interested NGOs to create and maintain
traffic complaint portal (with appropriate systems and processes) for your area
that enables both lodging of the complaints online with sufficient data by
citizens, as well as enables the traffic police to review and issue Challan
based on it.
II.
Basic Rules that all motorists should
know.
Keeping the spirit of every citizen must
comply with the law, every motorist must know and comply with the following basic
rules:
1.
Registration:
It is illegal to drive around a motor vehicle without valid registration. Every
motorists must ensure that the vehicle they drive has valid registration. Loads
or goods should not be kept on the vehicle in a manner that obstructs the
visibility of the number plate, the headlamps/tail lamps or the registration
number of the vehicle. If any obstruction of the registration is done a
duplicate is to be kept in a visible spot.
2.
Car
Insurance: Driving a motor vehicle without a valid motor vehicle
insurance is a crime.
3.
Driving
License: No one can drive a motor vehicle without a valid
driver license. The driver license must be for the class of vehicle you drive.
For example, you cannot drive a car with two wheeler driving license.
4.
Carry
all necessary documents: It is important that all motorists
carry all required documents. Though it may not be a crime, it is good to carry
them for the production of the same when demanded by the authorities. Perhaps
you can maintain a folder in the vehicle to hold these documents. The person
driving the vehicle shall carry the following documents and produce the same on
demand by police or RTA officers:
a.
Driving License
b.
Certificate of registration of the vehicle
c.
Certificate of taxation, where applicable
d.
Certificate of insurance
e.
For transport vehicles the following
additional documents are required are, the Permit and the Fitness certificate.
Note:
If the driver does not have the documents in his/her possession he should
produce attested copies in person or through registered post to the officer who
demanded it within 7 to 15 days as directed.
5.
Drinking
and Driving: Don’t drive a motor car or vehicle if you
have had drinks. Driving under the influence of the alcohol is a crime and is
dangerous to the public as well as to you.
6.
Motor
Bikes/Autos must comply with the same rules: Motorists driving
motor bikes and autos seem to think that the traffic rules are not applicable
to them. This is one of the major reason for traffic jam and accidents. Most of
the time you will see they don’t follow the lane rules and cut in front of cars
and heavy vehicles. They should not drive
in between cars, especially in a moving traffic, and do not cut in front of
cars and other bigger vehicles as it puts them in a dangerous situation (since
the cars and other heavy vehicles cannot slow down or stop as fast as the motor
bikes or autos. The driving rules are same for all motor vehicles.
7.
Driving in reverse:
The driver should not drive the vehicle in reverse without first making sure
that doing so would not cause any danger or inconvenience to any person on the
road.
8.
Following Distance:
Keep sufficient distance behind the vehicle in front of you to allow enough
distance for your vehicle to stop if the vehicle in front of you stops
suddenly.
9.
Do
NOT drive on the shoulders (side) against the traffic:
Never drive your vehicle against the oncoming traffic, to cut short the
distance or for any other reasons. Even driving on the shoulder opposite to the
traffic flow is illegal and dangerous.
10. Do NOT drive with High Beam Lights:
Driving with High Beam headlights is dangerous. High beam headlights are to be
used only for signaling and on curves for signaling the vehicles on the
opposite side for safety.
11. Horn
/ Noise Pollution: Motorist should NOT:
a.
Sound the horn more than necessary for
safety. Continuously and unnecessary sounding of the horn is illegal.
b.
Sound the horn n designated silent zones (
for e.g. near schools and hospitals )
c.
Use multi-toned horns that are harsh,
shrill, loud or alarming
d.
Use cut outs for the exhausts
e.
Drive vehicles that create a lot of noise
when in motion
f.
Drive vehicles without proper mufflers
causing a loud sound
12. Traffic
Lights & Signs: Obey the traffic signal lights ,
the instructions given by the traffic policemen or by designated/authorized
people in charge of regulating traffic
13. Follow Traffic signage:
Though we may have limited traffic signages, it is important that all motorist
follow the traffics signs such as No Entry, No Stopping, No Parking, Speed
Limit etc.
14. Driving on Laned Roads: If
a roadway has been divided into two or more clearly marked lanes for traffic,
then please follow the following rules:
a.
Operate the vehicle as nearly as
practicable entirely within a single lane and must not be driven spanning two
lanes at a time, i.e driving with left wheels on one lane and right wheels on
another lane.
b.
Operators of vehicles shall obey the
directions of every official traffic control device that designates use of
specific lanes.
c.
Official traffic control devices may be
installed that prohibit the changing of lanes on sections of a roadway, and
operators of vehicles shall obey the directions of those devices.
d.
A motor vehicle may not be driven or
parked in a bicycle lane that is signed and delineated as a bicycle lane by
official traffic control devices.
e.
In multi-laned roads, the left and right
turns must be taken as per the traffic signages/directions of the traffic
devices.
f.
Take U turn only from the right most lane.
Never use middle or left lanes and take U turn by blocking the traffic (on the
right side lanes). This is illegal and criminal act.
15. Taking U Turn:
All vehicles must take U turns ONLY from the right most lanes. It is illegal to
take U turns from other lanes by blocking traffic on other lanes.
16. “U”
Turns: “U” turns may be done only when
a.
Not explicitly prohibited by a sign
b.
Only after indicating the turn is being
planned either through a hand signal or through the vehicle indicators
c.
After checking the mirrors to make
sure there is no traffic from behind, no other traffic in front and it is safe
to do so.
17. Keep
Left: Motorist must drive as close to the left side
of the road as possible and allow all traffic going in the opposite direction
to pass on the right hand side.
18. Turning
Left: When required to turn onto a road on the left, stay
close to the left side of the road and after making the turn continue on the
left side of the road. (Do not cut across lanes from the right side of the road
and then turn left).
19. Turning
Right: When required to turn onto a road on the right side,
first approach the center of the road as safely as possible and then turn to
the right and stay on the left side of the road.
20. Passing:
Motorists needing to pass traffic proceeding in the same direction must always
pass/overtake them on their right side.
21. Passing
Prohibited: Motorist must not overtake/pass a vehicle proceeding
in the same direction in the following scenarios:
a.
The passing/overtaking would cause
inconvenience or danger to any vehicle proceeding in any direction.
b.
On bends/curves in the road or on hills or
there are other obstructions present that prevents a clear view of the road
ahead.
c.
If the driver behind the current vehicle
has already started to overtake the vehicle
d.
The driver of the vehicle in front has not
yet signaled that he may be overtaken.
22. On
being Overtaken by another vehicle: The driver should not
speed up or do anything to prevent the other vehicle from passing.
23. Intersections:
Motorists should slow down when approaching road corners, intersections,
junctions or pedestrian crossings and not enter until sure that such an entry
will not endanger the safety of pedestrians or people in other vehicles there.
24. Right
of Way: When entering an intersection that is not regulated
by a traffic signal or by a traffic policeman and which is an entry onto a main
road, the driver of the vehicle shall give right of way to the vehicles already
proceeding on that road. In all other cases the driver is to give way to
traffic approaching from his right hand side and only then proceed.
25. Emergency
Vehicles: Fire Service Vehicles and Ambulances are to be
allowed free passage and drivers of all other vehicles should move their
vehicles to the left side of the road and give way to the Emergency vehicles.
26. Pedestrians:
Pedestrians have the right of way at uncontrolled and designated pedestrian
crossings and thus the same must be respected by slowing down or by stopping
vehicle if required to let the pedestrians to cross.
27. Required
Signals: These are hand signals to follow the rules of the
road, in case of lack of electronic signals due to malfunctioning or otherwise.
Very few motorists actually know the hand signs and use them. It is good
to learn them and be prepared to use them if you have any issue with your
indicator lights or with your brake lights. The hand signs for the following
should be followed if the vehicle brake/indicator lights do not work:
a.
When the vehicle is about to slow down
b.
When the vehicle is about to stop
c.
When the vehicle is about to turn to the
right side or pass a vehicle on the right
d.
When the vehicle is about to turn to the
left
e.
When indicating that it is safe for the
vehicle behind to pass
28. Electronic
Indicators: Be sure to use electronic signaling
system provided in your vehicle, instead of the manual signal described above
and provide enough time for the fellow motorist to take notice and act.
29. Parking:
When parking the vehicle make sure that it does not cause any danger,
obstruction or inconvenience for other road users. Obstruction of the traffic
flow by improper parking is illegal and the vehicle may be towed away at your
expense and also Challaned for the same.
30. One
Way Roads: On designated “One Way” roads drive only in the
direction indicated on the road signs.
31. Stop
Lines: At road intersections, pedestrian crossings and stop
signs make sure that the vehicle is fully behind the stop lines painted on the
road.
32. Towing:
No
vehicles may be towed behind another motor vehicle. The only exceptions are
a.
Mechanically disabled vehicles (to repair
shop)
b.
Incompletely assembled vehicles (to
garage)
c.
Registered trailers and sidecars
33. Right
of Way on mountain roads/ steep roads: Where the width of the
road is not sufficient for vehicles to pass each other safely, the vehicle
going downhill has to stop to the side of the road and allow the vehicles going
uphill to pass.
34. Obstruction
of Control: Drivers of the motor vehicles should not
allow any person to sit, stand or place anything that obstructs his control of
the vehicle.
35. Passing
Pedestrians: Slow down and drive slowly (not
more than 25 KM) when passing a procession, meeting, troops or police on the
march or road repair workmen.
36. Loading:
Vehicles should not be loaded in such a way that causes danger to other road
users. Load carrying vehicles should not have anything extending outside the
vehicle towards the front, rear, sides and should also follow allowed maximum
height restrictions.
37. Tractor
& Goods Carriages: Drivers of tractors are
not permitted to carry passengers on the tractor. Drivers of good
carriages should not allow more persons than listed on the vehicle registration
to travel in the cabin or take passengers for hire or reward.
38. Dangerous
Materials: Other than the fuel and lubricant necessary for
vehicle operation, no explosive, inflammable or other dangerous substance
should be carried on any public transport vehicle.
[Note:
Commercial motorist may be required to comply with more rules. Please consult
the appropriate laws/rules for the same]
III.
Freedom of Movement is a Fundamental
Right
Right to "Freedom of Movement" has long
been recognized as one of the fundamental (and independent) rights by the
supreme court and the same has been part of Universal Declaration of Human
Rights (1948) (article 13 (1) ), as well as The International Covenant on Civil
and Political Rights (1966) (article 12 (1))
In addition, basic life is unfathomable for a
common man without the freedom of movement with the aid of motor vehicles.
Locomotion with the aid of motor vehicles have become both necessary and
essential for the daily lives of people; going to work, hospital, school,
shopping, business etc that could not be done without motor vehicles.
Similarly the "freedom to move" for an individual essentially means
the use of private motor vehicles in many situations; which provides them most
flexibility, albeit at a higher economic cost.
Thus, when a citizen's motor vehicle is stopped
from going to its rightful destination, in the name of law enforcement by
traffic police, it could mean a lot of hardships to the citizen; including a
threat to his/her livelihood or one or more life may be put in danger depending
on the situation. In addition, if the citizen was stopped illegally or wrongly
(by mistake or otherwise) then it further leaves the citizen with bad feelings
which eventually leads to disrespect to the "rule of law" in general,
eroding the faith in the system and more corruption etc. It thus can be seen,
what seems like a simple mistake or a minor corrupt action or ignorant practice
by a traffic police has the potential to put lives in danger and also
undermines the very fabric of our free society, the "rule of law". We
cannot let that happen as responsible citizens of free society and we shall do
everything possible to resist and set them right!
That being so, the use of motor vehicles have also
brought in lot of challenges and risk to the society at large, in terms of
traffic congestion, safety of oneself and fellow travelers and road users etc.
It is undeniable that large number of motor vehicle drivers in India neither
follow traffic rules and nor are they safety conscious. It is also equally
undeniable that vast majority of the traffic police target gullible drivers and
either take a bribe or challan them but not follow the due process of the law
that must follow after issuance of a challan. They force the citizens to pay
the challan on the spot by way of forced compounding which is illegal. The
traffic police officers are getting away with such highhandedness and illegal
acts only due to the lack of awareness by citizenry and lack of cogent and
systematic action against such flagrant violations by traffic police and RTA
officers.
In what follows below, I am documenting some of the related
legal stands, tenets and basic processes etc for the benefit of motorists and
motor owners in the form of Q&A. But before doing so, it is
appropriate to look at the laws and rules related to motor vehicles and
driving.
IV.
Basic Laws and
Rules governing Motor Vehicle and Driving
The following are what governs all motor vehicle
related affairs in India:
(1) The Central Motor Vehicle Act
(1988): This is a central act enacted by parliament and applies to all
states. It covers most of the items related to motor vehicles, driving,
licensing etc. It also specifies penalties for most of the motor vehicle and
driving related offences. Where a penalty is not specified, Section.177 of the
Act make a general penalty provision and reads as under:
"177. General provision for punishment of
offences. – Whoever contravenes any provision of this Act or of any rule,
regulation or notification made thereunder shall, if no penalty is provided for
the offence, be punishabl for the first offence, with fine which may extend to
one hundred rupees, and
for any second or subsequent offence with fine which may extend to three
hundred rupees."
Thus, the penalty for the offences is mostly specified by
the Parliament and state legislatures have very limited role as far as fixing
penalties and/or punishments.
(2) The Central Motor Vehicle Rules
(1989): The Parliament, thru S.27 and many other sections of The
Central Motor Vehicle Act, empowers the central government to make Rules
regarding specific set of subject matters relating to motor vehicles and
driving. Thus the central government has enacted this "The Central Motor
Vehicle Rules" under that authority and thus is applicable to all states.
(3) <state> Motor Vehicle
Rules : Via S.28 and few more sections of The Central Motor Vehicles Act,
the Parliament empowered each state government to make rules on related topics
that are not covered by the central government. What is specifically covered
under these state rules can be seen from each state rules. i.e Each state has
its own rules on certain topics such as organization structure, hiring and
many more!
(4) <state> Government Order:
Section 200 of The Central Motor Vehicle Act empowers each state government to
empower specific state officers to compound offences under S.177 to 182,
S.183(1)&(2), S.184, S.186, S.189, S.190(2), S.191, S.192, S.194, S.196 and
S.198 of The Central Motor Vehicle Act. Every state has enacted a Government
Order (G.O) to empower senior police officers and Transport Officers in some
case to compound the above offences. It must be noted that the compounding is
at the instance of the accused citizens and is for the benefit of the citizens
and not for the police. This is primarily to enable citizens to pay up the
penalties, should the citizen agree with the charge in the Challan, instead of
having to go to the court and pay. No officer can insist that an offence be
compounded by paying the challan anytime. Neither any State and nor the Central
government can make such rule. This topic will be exclusively discussed later.
This G.O is normally issued by the state department of Transport and most of
them are available online.
There you have it! The above are the laws and rules governing the motorists
and vehicles in every state. Now let us move onto items of interest that
frequently affects the common motorists.
Note: I do not believe in abusing the process of the law for the benefits of
the motorist. We all must follow the rules and laws meticulously unless it
wasn’t possible for some valid reason. If you honestly believe that you made a
mistake or committed an offence then you as a honest citizen must abide by the
law and pay the Challan within a week or so. The goal here is to empower to
standup when your rights are violated and I hope you would abide by the law!
