Traffic Rules and Rights in India

Traffic Rules and Rights in India

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Traffic Rules and Rights in India
Traffic Rules and Rights in India

Introduction

Have you ever been caught by traffic police? Did they stop you from seeing your driving license? Were you asked to pay some fine? If yes, then you might have followed their command. Because probably you were not aware of some rights that you have. Yes, we will discuss some traffic rules/rights, crucial for everyone to know.

Traffic rules and rights

It is the responsibility of people to drive safely. Drivers should be conscious of the safety of themselves and other people on road. People ought to know the traffic rules. But, by chance you violate some rule, you have to face a penalty.

However, by being aware of some rules and rights, you can escape such penalties.

Challan Book

If you are found violating traffic rules, traffic police issue you a challan. This means you have to pay a fine/penalty. It differs from one offense to another.

e-challan

A new system of electronic challan has come into the picture. E-challan is computer generated challan for defaulters.

Application

CCTV cameras are installed on main roads. They track and record the footage of traffic continuously. If someone defaults to traffic rules, the footage is accessed and details of the vehicle being sought. Further details are sought from the RTO office.

After getting a name, address, contact no., etc. a message is sent to the defaulter. It will notify the amount of penalty the defaulter has to pay.

Also, traffic police have swiping machines to generate e-challan. This helps in the swift and smooth collection of penalties.

The defaulter can pay online on the official state transport website of the respective state.

Utility

  • To make traffic services convenient and transparent
  • Monitoring defaulters becomes easy
  • Avoid cash transactions and reduce instances of bribery

This means that traffic police must have a challan book or e-challan system. Without it, they cannot issue you a challan.

Driving license

When traffic police ask for your driving license, you have to show it. But you are not bound to hand it over to them.

Section 130, Motor Vehicles Act, 1988

  • asks you to produce a driving license.
  • It cannot be construed as to hand it over to traffic police.

Identity of traffic police

A person must know the identity of the traffic police. If their identity cannot be disclosed, you aren’t bound to give a document or fine.

Receipt

If traffic police cease your driving license, they have to give you a receipt. This will acknowledge that your license is in their custody. If they don’t give a receipt, you don’t have to give your license.

Vehicle towed by the police

If you have parked your vehicle in no parking, traffic police tow it. But, before that, they have to bring this into your knowledge. So that, you have time to take out your valuables from the vehicle. The police have to give you this time.

A hard copy of the driving license

Nowadays, there’s no need to keep a hard copy of the license, vehicle documents, etc. Instead, a digital copy of documents also works.

Digi Locker

This is a mobile application, where you can upload all documents. You can access them anytime you want. So, if traffic police ask you for a license, you can show them a softcopy.

Utility

  • It is convenient.
  • You are free from any unease to take all documents with you every time.

Other documents like vehicle insurance, RC, PUC, etc. are not required immediately. You can keep them at home. Police give you some days’ time to produce these documents before them. Even after that time you don’t give documents, the police can issue a challan.

Traffic constable

It is also necessary to know who is issuing you a challan. Or who is the one you are giving the fine to Such a person cannot be a constable? He has to Inspector, Sub-Inspector, or Assistant Sub-Inspector.

Identifying traffic police

If you want to identify traffic police, look at the stars his uniform-

  • 3 stars- inspector
  • 2 stars- Sub-Inspector
  • 1 star- Assistant Sub-Inspector

Keys of vehicle

Traffic police aren’t allowed to take away vehicle keys, while they stop you. Neither can they keep the keys in their custody?

Drink and drive cases

There are many instances where drivers are arrested for drink and driving. If this happens, it is necessary that they produce the arrested person before the local magistrate. This has to be done within 24 hrs. of the arrest.

Double fine

It is a fundamental right that there can be no double jeopardy. You cannot be prosecuted and punished for the same offense twice. The same goes for traffic violations.

If police fined you for not wearing a helmet, for example. They cannot find you for it on that particular day, again.

Complaint Book

Suppose, the traffic police are harassing you or unnecessarily hindering your movement. Or there has been any mistake in fine payment attributable to them. You have a right to complain about it.

There is a complaint book wherein you can write your grievance. Also, you can register your complaint in the police control room.

Talking respectfully

Every person regardless of his/her background is a respectable citizen of India. It is crucial that police talk to drivers with full respect and vice-a-versa. If they are not you can ask them to be polite.

Conclusion

These were some points to save you from unnecessary trouble. You need to remember them while driving on road. You should be aware of your rights so that police don’t misuse their power.

But as a responsible citizen of India, be careful while driving. Follow all traffic rules to avoid any liability.

If still doubts persist, consult legal experts at

https://www.aapkaconsultant.com/legal-opinion-legal-shots

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