19/04/2018

KNOW YOUR RIGHTS IF YOU EVER STOPPED BY TRAFFIC POLICEMEN

Police may stop you from driving on roads, if they found driving a vehicle negligently, above the speed limit prescribed for a particular road or for not following proper safety guidelines while driving your vehicle. The officer may impose fine on you which is governed by Motor Vehicle Act,1988. But, sometimes people do not know their rights and exact figures of penalties for their offences and end up bribing the officers. It is thus important to know your rights and exact penalties.

If you are stopped by a Traffic Policeman:
  • A traffic Policeman can take your license for traffic offences like-
  1. Overloading, carrier vehicle carrying passengers.
  2. Jumping red lights.
  3. Talking on mobile while driving.
  4. Drink and drive.
  5. Fast driving.

If you are stopped by a Head Constable-

  • A Head Constable cannot prosecute for-
  1. Dangerous driving (fine 1,000 Rs.)
  2. Use of mobile phone while driving (fine 1,000 Rs.)
  3. Disobeying the lawful direction of a police officer (fine Rs. 500)
  4. Over speeding (fine Rs. 400)
  5. Driving without insurance (fine Rs. 1,000).
  • A Head Constable is not empowered to prosecute a commercial vehicle.
  • Neither he can stop it nor sue a commercial vehicle.
  • The only thing that he can do is if he notices any offence is that he can fill up a violation slip without stopping the vehicle and notify the branch.

> How much fine can be imposed by different traffic police officers?

According to The Indian Motor Vehicle Act, 1932, traffic officers of and above the rank of an assistant sub-inspector are authorised 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 authorised only to collect spot fines. Constables can only help them in doing so. One can certainly recognise the designation of the traffic police by their uniform. The traffic police from the rank of a constable to ASI wear the white coloured uniform and inspector and rank above wear the khaki coloured 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 penalise 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 if more than one offences are committed ?

Another thing that needs to be kept in mind is that for two separate offences at the same time, the penalty for it is distinct like for overtaking and smoking inside a vehicle, traffic police can fine you Rs. 100 for each offence that is the total of Rs. 200. There are two types of penalties-

  • On spot fine: It is done when you break any Traffic rule and are not in a condition to pay the challan amount then the police will seize your license.
  • Notice Challan: If someone has broken the rules and ran away from police or police could not stop the vehicle then police notes down his number and sends a challan to his place.


> 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 and pollution under control certificate and a copy of RC and insurance with you all the time. So, next time 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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