Theme: Traffic Rules and Fines

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.

Timely help given to a road accident victim can mean the difference between life and death for them. People should be encouraged to be good samaritans, who in good faith and without expectation of reward or duty of care, provide assistance to a victim of a road accident. However, witnesses or bystanders often hesitate to help due to the fear of:

• Legal hassles
• Being asked to repeatedly appear as a witness in court
• Repeated questioning or harassment by the police
• Payment of charges or fees at hospitals

To address this issue, the Supreme Court and the Ministry of Road Transport and Highways gave effect to the Good Samaritan Law. It prohibits harassment of good samaritans by police or the hospitals when they bring in or report about an accident victim. The salient features of the Law are:

• A bystander or good samaritan who takes an accident victim to a hospital should be allowed to leave immediately after,  no questions asked.
• They shall be rewarded/compensated in a manner specified by the State governments, to encourage others to follow suit.
• They shall not be liable for any civil or criminal liability arising out of the accident
• They can maintain their anonymity when reporting the accident to the police on phone. They cannot be compelled to reveal their identification details.
• The same provision of anonymity shall apply to the Medico-legal Form in hospitals. In both places, the good samaritan can voluntarily provide their details.
• In case the good samaritan agrees to be a witness in the case, and is required for investigation by police, they may be examined once. Thereafter they should not be harassed or intimidated by the police and the same should be ensured by the State government through appropriate methods.
• Hospitals are not to detain good samaritans or demand treatment costs from them.

If a doctor does not provide immediate emergency care as required  in an accident case, it shall constitute ‘professional misconduct’(( Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.)) and be a cause for disciplinary action.