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If the document not together, the traffic police can’t immediately issue the challan due to ‘this rule’!

Friday - September 6, 2019 10:16 am , Category : TRAVEL
Many provisions in the interests of drivers in the new Motor Vehicle Act
Many provisions in the interests of drivers in the new Motor Vehicle Act

New Motor Vehicle Act provides 15 days to show vehicle documents

SEP 06 (WTN) - It is often very important to know the rules. Many times you had to face mental and financial loss if you did not know the rules correctly. Something similar is happening these days after the implementation of the new Motor Vehicle Act. In fact, since the implementation of the new Motor Vehicle Act, there has been a stir in the entire country. In states where the new Motor Vehicle Act has been implemented; there are reports that if driving license, vehicle registration certificate (RC), third party insurance documents, pollution and control certificate and permit certificate are not available while driving, the traffic police are immediately issuing the challan. In Gurugram, a challan of Rs 59,000 has been issued for a tractor-trolley driver, if any of the above documents were not available while driving.

But for your information, let you know that according to the provision of the new Motor Vehicle Act, if the driver does not have a driving license, vehicle registration certificate (RC), third party insurance documents, pollution and control certificate and permit certificate while driving, then it is not a crime.

For your information, let you know that Rule 139 of the Central Motor Vehicle Rules has provided 15 days time limit to the driver to present the driving license, vehicle registration certificate (RC), third party insurance documents, pollution and control certificate and permit certificate if asked. 

If the driver does not have these documents together, the traffic police cannot immediately cut off his challan. If the driver claims to show the relevant documents within 15 days, then the traffic police or RTO officials will not deduct the challan of the vehicle. If the driver does not have the above documents while driving, the driver will have to show these documents to the traffic police or officer within 15 days.

At the same time, under Section 158 of the New Motor Vehicle Act 2019; 7 days time has been given to show these documents in case of accident or any special cases. According to the new act, in case of non-availability of driving license, vehicle registration certificate (RC), third party insurance documents, pollution and control certificate and permit certificate, if the traffic police issue the challan and do not give 15 day time to the driver to present those documents, then the driver has the option to dismiss this challan in the court.

According to law experts, If the traffic police illegally issue the driver's challan, it does not mean that the driver has to fill the challan. For your information, let you know that the challan issued by the traffic police is not a court order. Driver can challenge the challan issued by traffic police in the court. On going to the court, if the court realizes that the driver had all the necessary documents, but he had not been given 15 days to present the documents then the court can waive his fine.

At the same time; for your information, let you know that the signature of a witness is necessary while issuing the challan by the traffic police. The traffic police have to present the relevant witness in the court when the challan is presented in the court. If the traffic police are not unable to present the witness to the court, the court can forgive the driver's challan. It has been observed that in most of the cases, the traffic police are unable to present the witness, which many times the driver gets the benefit.

So we advise you to first take all the documents related to the vehicle with you. At the same time, you do not need to keep the original copy of the documents of the vehicle. You can upload all the documents related to the vehicle including the driving license in DigiLocker or then m-Parivahan Mobile App.

You can show the documents uploaded in this government recognized apps to the traffic police during checking, which are valid. At the same time if you have documents related to the vehicle, but they are not uploaded in the mobile app and neither do you have while driving, then according to the new Motor Vehicle Act, you can ask for 15 days time to show the documents, which by law is your right.