Stopped By Traffic Police ? Here are Your Rights you should know well Let’s Start with the Traffic Fine Rules so that you will be able to deal with the situations when a traffic constable harasses you.
Article by – Ashi Garg
Stopped By Traffic Police ? Here are Your Rights you should know , here are the points to remember,
1.) Traffic police are requiring to Carry a E-Challan book or E-Machine in order to Penalize you. Without having any of these, the police cannot penalize you.
2.) If you are stopped by 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 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.
3.) 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.
4.) A Traffic constable cannot arrest or seize your vehicle. But, a traffic constable can take your license for traffic offences like overloading, carrier vehicle carrying passengers, jumping red lights, talking on mobile while driving, drink and drive, and for fast driving.
5.) A Head Constable cannot prosecute for dangerous driving (fine 1,000 Rs.), use of mobile phone while driving (fine 1,000 Rs.), disobeying the lawful direction of a police officer (fine Rs. 500), over speeding (fine Rs. 400) and driving without insurance (fine Rs. 1,000) .
If a Traffic Police Harasses You – Stopped By Traffic Police ? Here are Your Rights you should know
It is nearly a common experience for many Indians to Encounter a Traffic Police. There are many reasons for this like people often don’t care about traffic rules and are used to Breaking it. Many a time people overtake others, run their motor vehicles like racing cars and end up injuring others and themselves too. If someone breaks any Traffic Rule, traffic police are there on roads to stop you and will fine you for your negligent act. Stopped By Traffic Police ? Here are Your Rights you should know
There is nothing wrong in this. But the problem starts when a traffic police asks for a bribe or assaults any person of enhancement of penalty Under Section 179 of Motor Vehicle Act, 1988. Most of the time people want to keep themselves away from any legal actions and pay the bribe amount. Kindly don’t do this.
How much fine can be imposed by different traffic
According to The Indian Motor Vehicle Act, 1932, traffic officers of and above the rank of an assistant sub-inspector are authorized to give away traffic violation challan or notices, which are for spot fines only. Officers of the rank of ASI (one-star), Sub-Inspector (Two-star) and inspector (Three-star) are authorized only to collect spot fines. Constables can only help them in doing so. One can certainly recognize the designation of the traffic police by their uniform. The traffic police from the rank of a constable to ASI wear the white colored uniform and inspector and rank above wear the khaki colored uniform.
How much fine a traffic police can impose?
A constable cannot fine you for any offence. The head constable can fine only up to 100 rupees, only ASI and SI can penalize for more than 100 rupees. One more thing for your knowledge is that the fine for most offences is Rs.100, for over speeding Rs.300 & for drunk & driving up to Rs. 2,000 (through court only).
What are the essential original documents you need to carry with yourself while driving any motor vehicle?
- You are required to keep the original driving license
- pollution under control certificate
- a copy of RC
- insurance with you all the time.
Stopped By Traffic Police ? Here are Your Rights you should know , So these are the rules for traffic police and apart from that if a traffic constable has stopped your vehicle and ordering you to show papers, then you may deny doing so and say that you will only show it to an officer. Not only that, you can file a complaint to his superior authorities as well. You may file a case against him in the local police station or just call 100 and inform of the misconduct by the police constable.
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