So, Never succumb to any illegal demands made by the police. Do not attempt to bribe the traffic police. Here’s what you can expect.
If you are a two-wheeler or four-wheeler driver in India, then at least once in your life, you will be stopped by the traffic police.
There is nothing much to worry if you are stopped by traffic police, but there are some rights that as a commuter you should know:
- Traffic police are required to carry a challan book or e-challan machine in order to penalise you. Without having any of these, the police cannot penalise you.
- If you are stopped by a traffic police, usually the first thing is that you must stop your vehicle and produce documents required by the officer. Remember you are only required to show the driving license to the police. It is completely your choice if you want to hand over the documents or not. Section 130 of the Motor Vehicle Act categorically states that the driver of a motor vehicle in any public place shall on demand by any police officer in uniform produce his license for examination. As you can see the law only says, “produce” and not hand over.
- You must avoid an argument with the police and cooperate. In case if you have made any mistake, just explain it to the police and they might even let you go.
- You can be penalised for jumping a red light, improper and obstructive parking, driving without helmet, overspeeding, smoking in the vehicle, not displaying number plate, driving without a license, a vehicle without registration, valid insurance or valid pollution under control certificate are all offences under Motor Vehicles Act.
- Never succumb to illegal demands of the police. Do not attempt to bribe the traffic police. Note down the buckle number and his name. In case if he is not wearing his buckle, ask him for his identity card. If he refuses to give you his identity card you can refuse to give him documents.
- If the police officer is an officer of rank sub-inspector or above then you can settle the offence by paying the fine.
- In case if you are driving without license or permit, police may detain your vehicle. Police may also detain your vehicle if it is not registered.
- Without a valid receipt, traffic police cannot take away your driving license. Your driving license can be seized if you jump the red light, overloading, drunken driving and using the mobile phone while driving.
- Traffic police cannot tow your car as long as you are sitting in it. You have to vacate your vehicle before they can tow your car.
- If you are detained by traffic police for the offence then you must be produced before the magistrate within 24 hours, for the trial.
- If traffic police harass you then you can file a complaint with the police, stating the particulars of the entire incident.
In case if a prosecution slip or challan is issued to you, ensure it contains the following details-
Name and address of the court where the offence will be trialled
Details of the offence committed
Date of trial
Vehicle details
Name and address of the offender
Name and signature of the challaning officer
Details of the documents retained
Road Transport Ministry approves DigiLocker: Now leave your Driving License, Vehicle papers at home!
It’s official! you no longer need to carry your original driving license or RC papers with you. All you need to do is to upload it on the Government’s DigiLocker. Here’s how to get it done.
Road Transport Ministry approves DigiLocker: Now leave your Driving License, Vehicle papers at home!
It’s official! The Ministry of Road Transport has issued a notification informing that digital driving license and vehicle’s RC papers stored in DigiLochers are now legally recognised at par with the original documents as per the IT Act 2000 and is valid under the Motor Vehicles Act 1988.With immediate effect, the notification by the ministry is addressed to all the India State’s Principal Secretaries, All Secretaries of Department of Transport, DGPs/ ADGPs(Traffic) and all State/UT Transport Commissioners.
As per Nitin Gadkari led Road Transport ministry, it is said that a number of suggestions and RTI applications were received in which the citizens have raised issues that the travel documents including DL and RC to be legalized on the DigiLocker or the mParivahan app. Further clarifying, the gover nment’s DigiLocker platform built by Ministry of Electronics and Information Technology, has the facility to pull a citizen’s Driving Licence or the Registration Certificate or any other certificate in an electronic form. It is now confirmed that these documents on the DigiLocker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000.
Further, it is also notified that the data related to the insurance of new vehicles and renewal date of a car’s insurance is also being uploaded by the Insurance Board (IiB) on the Government’s Vahan database. The same will be reflected on the mParivahan / eChallan app of the Ministry. If the vehicle registration details on the mParivahan / eChallan app contain the details of the policy which is in-force, then the requirement of a physical copy of the insurance certificate is also not to be enforced confirmed the notification.
The government in its notification has made it very clear to every State to accept DLs and Vehicle papers on DigiLocker and mParivahan. During an offence when the documents are required to impound a vehicle, the law agency can access Vahan.Sarthi database online through eChallan system and therefore eliminating the need of physically seizure of any such documents.
