Theme: Police & Courts

Repeating certain types of traffic offences more than once will result in a higher punishment. Depending on the offence, you could be taken to Court to determine a term of imprisonment/jail time and/or be fined with a higher amount.

 

For example, if you do unauthorized racing on the road, you will be punished with jail time of up to 3 months or with a fine of Rs. 5,000, or with both for the first offence. For every subsequent offence, you will be punished with jail time of up to 1 year, or a fine of Rs. 10,000 or both(( Section 189, The Motor Vehicles Act, 1988.)).

Yes, it is still possible to get a driving license. However, every application for obtaining a driving license needs to be accompanied by a medical certificate by a medical officer stating that you are fit to drive(( Section 5(1), Central Motor Vehicles Rules,1989.)). This certificate requires a declaration of physical fitness(( Section 5(2), Central Motor Vehicles Rules,1989.)) wherein the applicant is asked if he/she can distinguish the pigmentary colours, red and green. An applicant who answers in the negative has to supplement the answer with full details, and may be required to give further information regarding the same(( Form 1, Central Motor Vehicles Rules,1989.)).

If the medical certificate is granted taking into account all the particulars, the applicant may be able to obtain a driving license.

According to the government notification(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf,; Section 4, Information Technology Act, 2000.)), you may now carry an electronic copy of your driving license, and other required documents such as registration papers, insurance papers, etc. The electronic form of these documents are now legally acceptable. For this, you must have them either in the DigiLocker app or the mParivahan app.

The government has come up with a system of e-Challans that allow you to pay fines through an online portal. You can check the status of your e-Challan and pay the fine here. 

 

However, if you cannot pay online and cannot pay the spot fine either, the police may keep your driving license to ensure your presence in Court. You will be issued an acknowledgement receipt with instructions on where to collect your license and pay your fine.

Yes, you will be issued a Challan every time you violate traffic rules. A challan is a ticket that is issued to you after you have violated a traffic rule, which has the details of the violation and the amount of fine that you have to pay.

No, you are not allowed under the law to race in any public space, including empty roads(( Section 189, The Motor Vehicles Act, 1988.)). It does not matter if the road you are racing on is crowded or empty; the very act of racing in public spaces is prohibited, and you can get punished for unauthorized racing on roads.

The licensing authority can revoke your license or disqualify you from holding a license in the following cases:

• If you have a disease or disability that renders you incapable of driving the motor vehicle for which you have a license(( Section 16, The Motor Vehicles Act, 1988.))
• If you are a habitual criminal or a habitual drunkard(( Section 19(1)(a), The Motor Vehicles Act, 1988.))
• If you are addicted to any drugs listed under the Narcotic Drugs and Psychotropic Substances Act, 1985(( Section 19(1)(b), The Motor Vehicles Act, 1988.))
• If you have used a motor vehicle to commit a crime which is cognizable in nature (police can arrest you without a warrant)(( Section 19(1)(c), The Motor Vehicles Act, 1988.))
• If you have a record of driving in a manner which is dangerous to the public or causes a nuisance to the public(( Section 19(1)(d,f), The Motor Vehicles Act, 1988.))
• If you have obtained your license by providing incorrect information or by fraud(( Section 19(1)(e), The Motor Vehicles Act, 1988.))
• If you have been ordered to give a fresh driving test, but you have failed that test(( Section 19(1)(g), The Motor Vehicles Act, 1988.))
• If you are under 18 years of age hold a learner’s/driving license under the case of an adult, and are no longer in their care.

For a private motor vehicle like your car, you should carry your original driving license and Pollution Under Check (PUC) Certificate, and originals or photocopies of your registration certificate and insurance certificate(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)). If you are not carrying originals of your certificate of registration or insurance certificate, you may be required to produce the originals before a competent authority within 15 days(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)).

Instead of a physical copy, you may carry an electronic copy of your required documents(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf; Section 4, Information Technology Act, 2000.)). 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.