In the last few years India has witnessed an alarming increase in the rate of road accidents mainly caused due to the violations of the traffic laws.To encounter these violations,there was an extreme need to make the current traffic laws more resolute.As a result, “Motor Vehicles (Amendment) Act,2019” was brought into effect.It is an amendment to the “The Motor Vehicles Act,1988”. New Amended Act was enforced nationwide from 1st September, 2019.It has laid down new rules in the principal Act of 1988, as well as hiked the penalties for the offenses committed by the drivers.
Let’s have an insight at all the aspects of traffic laws.
In our day to day life we always come across traffic police personnel,sometimes because of the offences committed by us such as not wearing the helmet,jumping signal,driving without license or other documents,overspeeding etc.Sometimes we also have to face traffic police without any fault of ours,only because they use their powers arbitoriously.No doubt,the traffic police has a lot of powers,but some rights are also guaranteed to the drivers also.Let us have look at both the sides of the coin ie, the powers of the traffic police and the rights of the drivers as well.
POWERS OF THE TRAFFIC POLICE
1. Can ask you to show your documents such as driving licence or registration certificate.(No Police officer below the rank of a Sub Inspector can ask you for your documents)That means only Inspectors and sub inspectors of the traffic police can ask you for your documents,not the Traffic Hawaldar.
2.May seize your documents in case of any suspicion or violation.(He may provide you with a temporary acknowledgment slip stating the circumstances under which your documents were seized.)
3.Make you obey all orders given by him.
4.Confiscate and detain your vehicle in cases such as over speeding the limit, signal jumping,driving without DC or RC. (Signal jumping or overspeeding can cause serious loss.)
5.May arrest you without an arrest warrant in cases of drink and driving if 30mg of alcohol is found in 100ml of blood or even when you are under Influence of any other intoxicants.
NOTE: A POLICE OFFICER HAS NO POWER TO SNATCH THE KEYS FROM YOUR VEHICLE.
RIGHTS OF THE DRIVER
1.Whenever you are penalised by any traffic police, ask him to give you a challan slip.A traffici police personnel should always carry a challan book or an electronic challan machine.
2.According to section 130 of the Motor Vehicles Act,you only have to produce(show) the documents and not hand it over to him.
3.If you have any doubt regarding the identity of the inspecting police officer,you can politely ask him to show his Identity Card.And if he refuses to show his identity card then you are also entitled to not show your documents to such officer.You shall not face any penalty in such a case.
4.A Notification was issued by the ministry of Roaad Transport on 17/12/2018, according to which documents like Driving licence,Registration certificate,Insurance certificate and Pollution Under Control certificate can be produced in the electronic form also through Mparivahan and Digilocker apps.
5.If a person is detained by any traffic official ,then, he has to be produced in the magistrate court within 24 hours of his detention.
6.If you are wrongfully being harassed by any police officer,then,you can file a complaint against such officer in the nearest police station or to joint deputy additional superintendent of Traffic Police through post or email.Information about the same is accessible on the official website of your state police.
7.All the offences committed by the driver should be mentioned in the challan slip.
8.Traffic Police cannot tow your vehicle while you are sitting in it.
List of Penalties in Maharashtra for the Violation of the Traffic Rules after the Motor Vehicles Amendment Act,2019 came into effect.( obey the traffic rules rules )
1.If a person is caught Driving or Riding without a driving licence ,then,he shall face a penalty of 5000 Rs or community service.(
2.A fine of upto 2000Rs and /or an imprisonment of 3 months is imposed for Driving or Riding without the Insurance Certificate of the vehicle.
3.If a person is caught Driving or Riding inspite on disqualification,he shall pay a sum of 10000 Rupees as fine and / or community service .
4.Penalty for riding without a helmet is 1000 Rupees,community service for upto 3 months or /and license disqualification.
5.If somebody obstructs an emergency vehicle like ambulance or fire brigade then he shall be liable with a fine of Rupees 10000.
6.Causing obstruction in the free flow of traffic can attract a fine of Rupees 500.
7.Speeding and Racing may invite a fine of 5000 Rs and/or an imprisonment upto 3 months in the first offence and a fine of upto 10000 in case of second time offence.The term of imprisonment shall be upto 1year,community service/10000 Rs as fine for repeated offence.
8.Driving without a seat belt can cause a fine of 1000 Rupees and /or community service.
9.Jumping traffic signal leads to a fine of 1000 Rupees and may cause a suspension of the Driving Licence.
10.Overloading of pillion rider-If more than 2 people are sitting on the bike,a fine of 2000 is imposed with a suspension of DL for 3 months.
11.Honking in silent zone can cause a fine of 2000Rs and 4000Rs for a repeated offense.
12.Bribing a police officer can cause a penalty of an ammount double of the total penalty payable depending upon the roadside violations.(For example for not wearing a seat belt,you will receive the challan of 1000Rs,but if you try to bribe the police officer for the same,then,the ammount of penalty imposed to you shall be 2000Rs).
13.Drink and Driving-If a person is caught drunk while driving ,then, he shall be punished with an imprisonment upto 6 months and/or a fine of Rs 10000 if he is a first time offender and if he is a second time offender then the imprisonment may exceed upto 2 years and/or a fine of Rs 15000 will be imposed.
14.Dangerous Driving ( Reckless Driving or talking talking the phone while driving) can cause an imprisonment which may extend from 6 months to 1 year and/or a fine of Rs 1000 to 5000 if the person is a first time offender.Fine may exceed upto 10000Rs and/or imprisonment which may be upto 2 years may be imposed for the repeated offence.
15.Driving by a minor-According to section 199A and 199B,If a minor is caught driving a vehicle,a penalty of 25000 shall be imposed and an imprisonment upto 3 years shall be imposed to the guardian of the juvenile,subject to conditions.
16.Punishment related to accidents-If a person commits an accident then he shall be liable for an imprisonment upto 6months and/or with fine upto 5000Rs if he is a firs time offender.For second time offence,imprisonment may be upto 1year and/ or a fine upto Rs 10000.
DISCLAIMER:The above information is collected through various sources on the internet.Verification Recommended.