Don’t Be Taken for a Ride – Know Your Rights When Faced with a Traffic Challan

The recent implementation of the Motor Vehicles (Amendment) Act, 2019 has given rise to a debate about its high penalty rates. This new set of penalty was enforced to ensure that people comply with traffic rules. Fines can be issued in cases of invalid insurance or pollution under control certificate, unclear display of number plate, driving without a license, overloading, driving without helmet, jumping red light and improper parking.

Some of the traffic rules led to hefty fines being imposed on violators. A truck driver was penalised Rs 59,000 in Gurugram. Another man was charged Rs 23,000 whereas his scooter was for just Rs 15,000. This trend of huge fines has induced fear among people. Hence, you should be aware of your rights.

Following are the rights on road that you hold:

  • To charge a penalty, the traffic police must carry a challan book or e-challan machine.
  • The challan should include all the offenses committed.
  • Regarding the authenticity of the police official, if you have any doubt, politely ask for his/her identity card. If the person refuses, then you are entitled to not display documents.
  • In case you’re caught, you will be asked to produce documents and not handover them. Under the Motor Vehicle Act, Section 130 states that the driver shall “produce” his license for examination and not submit on demand by any police officer.
  • All documents can be produced in electronic form. As per a circular released by the Ministry of Road Transport and Highways (MoRTH) dated December 17, 2018, driving license, registration certificate, insurance, and PUC can be shown to traffic police electronically.
  • In case your driving license is detained, the officer has to provide a valid receipt.
  • Your driving license can be detained if you are found jumping the red light, talking on the phone while driving or drunk driving.
  • If detained by traffic police, you will be required to appear before the magistrate within 24 hours for your trial.
  • Traffic police can detain your vehicle if you are found driving without a license, or your vehicle is not registered.
  • Traffic police can not tow away your car if you are already sitting inside.
  • In the case of harassment by traffic police, you can file an official complaint.
  • Defending traffic police is a bad idea. On committing a mistake, it is better to explain the situation politely to the officer.
  • Refrain from bribing the police. This is further adding to corruption.

These rights may bring some mental peace to you. Rest, follow traffic rules.

News Source: The Logical Indian

Image Source: Google Images