Theme: Police & Courts

No, you cannot drive alone even after obtaining a learners license. You will have to be accompanied by someone who has a driving license(( Section 3(b), Central Motor Vehicles Rules,1989.)).

No, you are not allowed to race on the roads at night. Regardless of whether it is day or night, you cannot race on the road with any vehicle or allow any racing to occur, without the written permission of the State Government of your state(( Section 189. Motor Vehicles Act, 1988.)).

Yes, you can be issued a challan for using a private car for commercial purposes as you need a separate license for using a commercial car.

Under law, for a commercial vehicle you have to always carry original copies of all the documents. For a non-transport vehicle, you should carry your original driving license and PUC Certificate, and originals or photocopies of your registration certificate and insurance certificate. Where the original certificate of registration or insurance certificate is not available with the driver, the owner or driver if required should produce the originals before a competent authority within 15 days(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf)).

Instead of a physical copy, you may carry an electronic copy of your required documents such as certificate of registration, certificate of insurance, driving license, certificate for pollution under check (PUC Certificate), and any other required permits such as a certificate of fitness if your vehicle is a commercial vehicle. These electronic records available on 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(( Section 4, Information Technology Act, 2000.)).

Yes, your traffic fine varies across cities. Each State can add different types of traffic violations and modify the traffic penalties applicable to the particular State. 

Both the States and the Centre can revise and frame rules for motor vehicles(( Seventh Schedule of the Constitution, Concurrent List, Item 35.)). States can modify and specify enhanced penalties through an official notification(( Section 210A, The Motor Vehicles Act, 1988.)), which shall be put before the House(s) of the State Legislature. Depending on what the House(s) decide, the notification shall have effect with respect to that particular State(( Section 212(5), The Motor Vehicles Act, 1988.)).

If a traffic police officer asks for an amount and you are unsure whether it is the correct traffic fine, you can do the following:

• Ask the officer about the traffic rule that you have violated. 
• Then, ask for a challan or e-challan from the officer. The challan or e-challan will state the correct traffic fine amount(( https://echallan.parivahan.gov.in/index/accused-challan)).

If you think you are being asked for a higher amount than what is due as the correct fine amount, insist on having a challan or e-challan issued to you. This way, you can ensure that you only pay the exact fine amount as given under the law.

Yes, the traffic police can stop your vehicle and check you for intoxication anytime by using breathalyzers(( Section 203, The Motor Vehicles Act, 1988.)). If you are found to be intoxicated, they can then fine you accordingly.

Yes, it is not necessary to apply for a learner’s license or driving license at your place of birth or hometown(( Section 9(1), The Motor Vehicles Act, 1988.)). You can apply for a license where:

• You are residing or;
• You have your place of business or;
• The driving school where you went for driving lessons is located.

The documents that the driver of a motor vehicle needs to carry are: 

• The certificate of registration (RC)(( Section 103, The Motor Vehicles Act, 1988.))
• The certificate of insurance(( Section 146, The Motor Vehicles Act, 1988.))
• Driving license(( Section 3, The Motor Vehicles Act, 1988.))
• Certificate for pollution under check (PUC Certificate)(( Section 115(7), Central Motor Vehicles Rules,1989.))
• Any other required permits, if you are driving a commercial vehicle. For example, a certificate of fitness of the vehicle.

Indian law stipulates 3 types of license plates for different types of vehicles:

1. Registration for Central government for defence purposes(( Section 60(2), The Motor Vehicles Act, 1988;¹

1. Armed forces vehicles – The number plate will have an arrow pointing upward

1. State registered motor vehicles(( Section 63(1), The Motor Vehicles Act, 1988;¹
   1. Private vehicles – A white background with black lettering
   2. Commercial vehicles – A yellow background with black lettering
2. Vehicle registration for diplomats(( Section 42, The Motor Vehicles Act, 1988;²
   1. CD/CC – Vehicles which belong to a diplomatic mission in Delhi or to any consular post or to any of its diplomatic officers, followed by the number allotted to that mission
   2. CDP – Vehicle belonging to a non-diplomatic mission in Delhi, followed by the number assigned to that mission

UN Vehicles – The same rule of Consular Mission vehicles applies to UN Vehicles. However, instead of ‘CC’ or ‘CD’, the letters ‘UN’ are used.

1. Section 74, Central Motor Vehicles Rules,1989. [↩] [↩]
2. Section 76-A and 76-B, Central Motor Vehicles Rules,1989. [↩]