Many times we make mistakes while driving in haste. For example, forgot to put seat belt while driving a car. Forgot to wear helmet while riding bike. In such a situation, we also get challaned.
Many times we make mistakes while driving in haste. For example, forgot to put seat belt while driving a car. Forgot to wear helmet while riding bike. If the vehicle’s light or horn is not working properly, then it is also considered a driving fault. However, this does not mean at all that a traffic constable should issue your challan. If the constable is taking out the key from your car then it is also against the rule. The constable does not even have the right to arrest you or seize the vehicle. However, many people do not know this. They get scared seeing the traffic police at fault. While on such an occasion you should know about your rights.
Traffic constable does not have the right to remove the key from the vehicle
Under the Indian Motor Vehicle Act 1932, only ASI level officer can deduct your challan on traffic violation. ASI, SI, Inspector have the right to spot fine. Traffic constables are only there to help them. They don’t have the right to take away the keys of anyone’s car. Not only this, they cannot even remove the air from the tires of your vehicle. They cannot even talk or misbehave with you. If a traffic policeman is harassing you without any reason, then you can also take action against him.
Keep these things in mind as well
1. To cut your challan, the traffic police must have a challan book or an e-challan machine. If they do not have any of these two, then your invoice cannot be deducted.
2. It is also necessary for the traffic police to be in uniform. The buckle number and his name should be on the uniform. In case of non-uniform, the policeman may be asked to show his identity card.
3. The head constable of the traffic police can fine you only Rs.100. Fine more than this can only be done by the traffic officer i.e. ASI or SI. That is, they can invoice more than 100 rupees.
4. If the traffic constable takes out the key of your car, then make a video of that incident. By showing this video to a senior officer, you can go to the police station of that area and complain about it.
5. You must have the original copy of driving license, pollution under control certificate with you while driving. At the same time, photocopy of the vehicle’s registration and insurance can also work.
6. If you do not have money on the spot, you can pay the fine later. In such a situation, the court issues a challan, which will have to be filled even after going to the court. During this time the traffic officer can keep your driving license with him.
Action will be taken under section 183,184, 185
In this case, while giving information, advocate Gulshan Bagoria had said that the Motor Vehicles Act, 1988 has not given the right to the police personnel to remove the keys of the vehicle during vehicle checking. During the checking by the police personnel, the documents related to the vehicle should be shown to the vehicle owner immediately on asking for the driving license. Under Section 3, 4 of the Motor Vehicles Act 1988, it is necessary for all vehicle drivers to get their driving license made. The speed limit of the vehicle should be correct under section 183,184, 185. There is a provision of punishment ranging from 6 months to 2 years, fine ranging from one thousand rupees to two thousand rupees or both under sections of drunken driving, negligent driving etc. under these Acts.
