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Old 25th September 2007, 11:29   #76
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Guys any replies??????
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Old 25th September 2007, 11:38   #77
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Originally Posted by mrhap View Post
I will explain in detail why i am asking this- Consider a situation wherein a private car operator gives out his car and driver for a tour purpose . The cops catch the driver and say that the car is being used as a taxi even though it does not have a taxi permit. Now can the tourists say that the car has been lent to them by a friend? What is the law?
The law basically does not allow a private vehicle to be used for commercial purposes.

However, if you are intent on bypassing this, I guess if the passengers are properly briefed and given the necessary details (such as the owners name etc), they could, if they want to, play along with you and tell the cops that they are your friends.

All depends on where the car will be used. In popular tourist destinations like Goa, the Cops are well used to this and will really drill the driver/passengers. In other places, they probably would not bother checking up on this.
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Old 26th September 2007, 16:19   #78
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That's the point. I need clarity on what the actual rule is? On saying that the car is borrowed from a friend , they said that under law you can't borrow a car from anyone other than your immediate family.
If the car has been borrowed from a friend , then the friend has to be in the car otherwise you can't drive it.
Is that the rule?Does anyone know?
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Old 4th December 2007, 14:13   #79
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Is there any way to get the details of all these rules in one place?

Last week my car was towed by traffic police for "parking at corner". I am stckler for following the traffic rules and safe driving practices, and thought even that day that I had parked the car well away from the so called corner. So when I asked the cops why the car was still towed away, they informed me that the prohibited parking area around a "Corner" is defined as a distance of 75 feet in both directions from the center of the corner. I dont know if I was just conned or there is any thing to substantiate this.
This was not the first time, that I got a feeling that feeling that the towing of vehicles in by traffic cops is done more for extracting the towing fees from the owners rather than to ensure traffic discipline.

So does any one know, what the details are, or where to find them?
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Old 4th December 2007, 16:26   #80
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Originally Posted by psp62in View Post
Is there any way to get the details of all these rules in one place?
Try checking the Mumbai Traffic Police web site. Alternatively, you can get a copy of the MV Act with Rules from a book store specialising in law books.

MV Act is common for the entire country but rules are made by individual states and so they vary.
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Old 4th December 2007, 16:34   #81
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No details are available on Mumbai Traffic Police site. .
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Old 18th December 2007, 15:30   #82
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Any rules regarding road tax?
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Old 18th December 2007, 18:15   #83
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iii) not giving, on demand by a Police Officer, any information required by him (Section 134)


Most of the officers I meet want the info that I would not want to disclose.... "HOW MUCH DO I HAVE IN MY POCKET" .
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Old 2nd January 2008, 23:38   #84
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Originally Posted by cnu View Post
Though we face lot of issues with the cops, do we really know what the law states ? I could not find a thread on various rules of the Motor Vehicles Act. Thought this should be a useful piece of gyan. A bit loooooong though.

Some of the important provisions of Indian Motor Vehicles Act which the general public must know are given below:

Section 3: It is an offence to drive a vehicle without Driving Licence.

Section 4: Age limit for obtaining driving licence -
Two Wheelers below 50 CC -16 years
Other Motor Vehicles - 18 years
Transport Vehicle - 20 years

Section 5: Owner not to allow any person to drive the vehicle without Driving Licence ( D.L ). Example - If son/daughter is driving a vehicle owned by parent without D.L, parent can be prosecuted, though the parent may not be present at the time of the offence.

Section 19: The Regional Transport Officer (RTO) can disqualify persons from holding driving licence or revoke the same if the person
- is a habitual criminal or habitual drunkard
- is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugsand Psychotropic Substance Act, 1985 (61 of 1985)
- is using or has used a motor vehicle in the commission of a cognizable offence
- has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public
- has committed any such act which is likely to cause nuisance or danger to the public.

Section 20: On conviction of an offence under Motor Vehicles Act or an offence in the commission of which a motor vehicle was used, the Court can disqualify the person concerned from holding driving licence apart from imposing any other punishment.

For the following offences, disqualification is mandatory -

i) not stopping the vehicle when required to do so by any Police Officer not below the rank of Police Sub-Inspector in uniform if the vehicle is involved in a road accident (Section 132)

ii) not shifting the victim of the accident in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner (Section 134)

iii) not giving, on demand by a Police Officer, any information required by him (Section 134)

iv) not reporting the occurrence of accident to insurer (Section 134)

v) driving by a drunken person or by a person under the influence of drugs (Section 185)

vi) driving dangerously (Section 184)

vii) racing and trials of speed (Section 189)

viii) using vehicle without registration (Section 192)

Section 21: If a person already convicted once for dangerous driving under Section 184, again indulges in dangerous driving causing death or grievous hurt and if a case is registered for the second offence, the driving licence of the person is automatically suspended for a maximum period of 6 months or till disposal of the case in the Court.

Section 22:
i) If a person is convicted for second time for dangerous driving under Section 184, the Court can cancel the driving licence

ii) If a person is convicted for the second time for drunken driving under Section 185, the Court shall cancel the driving licence of the person concerned

Section 39: No person shall drive any motor vehicle and no owner shall cause or permit any vehicle to be driven without proper registration and display of the registration mark. If a vehicle is plying without proper registration, owner can be prosecuted though he/she may not be present at the time of offence.

Section 49: The change of address recorded in the Registration Certificate shall be reported within 30 days of any such change.

Section 50: Transfer of ownership should be reported within 14 days of the transfer if the vehicle is sold within the State and 45 days if the vehicle is sold outside the State.

Section 51: Ownership of a motor vehicle held under the hire purchase or lease or hypothecation agreement cannot be transferred without a written consent of the person to whom the vehicle is hypothecated.

Section 52: No owner of a vehicle shall so alter the vehicle that the particulars contained in the Certificate of Registration are no longer accurate. Such alteration can be made only with notice and prior approval of the Regional Transport Officer.

Section 53: If a vehicle is not in a fit condition to be used on the public road or is being used for hire without valid permit, the registration certificate can be suspended by the Regional Transport Officer.

Section 115: In the interest of public safety or convenience or because of the nature of any road or bridge, movement of certain types of vehicles can be restricted or prohibited. If the period of restriction is less than one month, no notification is necessary.

Section 119: Every driver shall drive the vehicle in conformity with the traffic sign boards and shall comply with all the directions given to him by any Police Officer for the time being engaged in the regulation of traffic.

Section 121: Signaling by the driver regarding his intentions to stop or take a left or right turn is mandatory. If he does not do so, the driver can be prosecuted.

Section 122: Leaving a vehicle at rest on any public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience to other road users is an offence. Such vehicles can be towed away by Police and charged for towing as well as this offence.

Section 127:
i) If a vehicle is left unattended on a public place for more than 10 hours or found parked in a No Parking Zone, it can be ordered to be towed away by a jurisdictional Police Officer in uniform

ii) If a vehicle is parked unattended in such a manner as to create a traffic hazard, it can be immediately removed by towing as ordered by any jurisdictional Police Officer

iii) The charges of towing away have to be paid by the owner besides any other penalty

Section 128: Carrying more than one pillion rider on a two-wheeler is an offence.

Section 129: It is mandatory to wear a helmet of ISI standard while riding a motor cycle in public place. However, the State Government can make rules as it may think fit. There are decided cases in the Courts that any act aimed at doing good is not violative of any fundamental right.

Section 130: The driver of a motor vehicle in any public place shall, on demand by any Police Officer in uniform, produce his Driving Licence, Registration Certificate, Insurance Certificate, Fitness Certificate and the Permit can be demanded in this manner by Officers of Motor Vehicles Department only.

Section 133: It is the duty of the owner of a Motor Vehicle which is involved in any offence to give all information regarding the name and address of and the licence held by the driver or the conductor on demand by any Police Officer.

Section 136: All vehicles involved in road accidents have to be inspected by the authorised Officers of Motor Vehicles Department.

Section 140: Where death or permanent disablement of any person has resulted from a road accident, the owner of the vehicle involved shall be liable to pay compensation in respect of such death or disablement irrespective of his/her fault. The compensation for death shall be Rs. 50,000/- and for permanent disablement Rs. 25,000/-.

In such claims, the claimant shall not be required to plead and establish that the death or permanent disablement was due to any wrongful act, neglect or default of the owner of the vehicle involved. The claim shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has been made. Besides the owner of the vehicle, the Insurance Company is also liable under this section.

Section 146: No vehicle shall be used on the road without proper Insurance Certificate. The responsibility lies with the owner of the vehicle.

Section 158: Any person driving a motor vehicle in any public place, shall, on being required by a Police Officer in uniform, produce:
1. certificate of Insurance
2. certificate of registration
3. driving licence
4. in case of transport vehicles, also the certificate of fitness and the permit

Section 160: For the purpose of claiming compensation in a road accident, information regarding the vehicle involved, the driver, injured, property damaged can be obtained from the Police Officer incharge of the concerned Police Station on payment of the prescribed fee.

Section 161: In respect of death of any person resulting from a hit and run road accident, a compensation of Rs. 25,000/- is paid. In respect of grievous hurt, the compensation to be paid is Rs. 12,500/-. This compensation is to be paid by the District Magistrate concerned.

Section 179: Disobedience to orders of the competent authority, obstruction to discharge of official duty or refusal of information to the authority concerned can result in fine upto Rs. 500/-.

Section 180: If a owner permits any unauthorised person to drive the vehicle without driving licence, the owner is liable for imprisonment upto 3 months or fine upto Rs. 1,000/- or both.

Section 181: Driving without valid and proper driving licence can result in imprisonment upto 3 months or fine upto Rs. 500/- or both

Section 182: If a person who has been disqualified for holding or obtaining a driving licence either drives a motor vehicle or applies for or obtains a driving licence with-holding the information regarding disqualification, the person can be imprisoned upto 3 months or punished with fine upto Rs. 500/- or with both.

Section 182(a): Whoever alters the construction of the vehicle without prior approval of the competent authority shall be punishable with fine of Rs. 1,000/- for the first offence and with a fine of Rs. 5,000/- for any subsequent offence.

Section 183:
i) If a driver of a motor vehicle contravenes the speed limit, he/she shall be punishable with fine upto Rs. 400/- for the first offence and Rs. 500/- for the subsequent offence.

ii) If the owner causes the driver to contravene the speed limit, he/she shall be punishable with fine upto Rs. 300/- for the first offence and Rs. 500/- for subsequent offence.

Section 184: Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both. The driver can be arrested on the spot.

Section 185: Punishment for drunken driving is imprisonment upto 2 years or fine upto Rs. 3,000/- or both. The driver can be arrested on the spot.

Section 186: If a person drives a vehicle when mentally or physically unfit to drive, he/she shall be punishable for the first offence with fine upto Rs. 200/- and Rs. 500/- for subsequent offence.

Section 187: If a driver or a owner fails to report involvement of his/her vehicle in an accident and give the required information to the Police Officer concerned, he/she shall be punishable with imprisonment upto 3 months or fine upto Rs. 500/- or both in addition to the punishment for the accident, in case convicted. For the subsequent offence under this section, the imprisonment can be upto 6 months and fine amount upto Rs. 1,000/-

Section 188: Whoever abets the commission of offence under Section 184, 185 and 186 shall be punishable for the same punishment as the accused himself / herself.

Section 189: Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to one month or with a fine which may extend to five hundred rupees or with both.

Section 190: Punishment for violation of the standards prescribed in relation to road safety, control of noise and air pollution is fine amount upto Rs.1000/- for the first offence and Rs. 2000/- for the subsequent offence.

Section 192: Using a vehicle without registration can result in minimum fine amount of Rs. 2000/- and maximum upto Rs. 5000/-. For subsequent offence, the fine amount can be upto Rs. 10,000/- with a minimum of Rs. 5000/-

The punishment is not applicable for vehicles used in an emergency for the conveyance of persons suffering from sickness or injuries or for the transportation of food or material to relieve distress or of medical supplies for a like purpose.

Section 192(a): Using vehicle in contravention of permit condition can result in fine upto Rs. 5000/- but not less than Rs. 2000/- for the first offence and imprisonment upto 1 year but not less than 3 months or with fine amount upto Rs. 10,000/- but not less than Rs. 5000/- or both for the subsequent offence.

Section 194: Driving vehicle exceeding permissible weight can result with a punishment of Rs. 2000/- and an additional amount of Rs. 1,000/- per tonne of excess load together with the liability to pay charges of off-loading the excess load.

Section 196: Driving uninsured vehicle can result in punishment in imprisonment upto 3 months or fine upto Rs. 1000/- or both.

Section 197: Whoever takes or drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

Section 200: The offence under the following sections can be compounded by the Police Officers:
Sections 177, 178, 179, 180, 181, 182, 183, 184, 186, 189, 190, 191, 192, 194, 196 or 198.

Section 201: Whoever keeps a disabled vehicle on any public place in such a manner so as to cause impediment to the free flow of traffic, shall be liable for penalty upto to fifty rupees per hour so long as it remains in that position.

Section 202:
i) A Police Officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under Section 184 (dangerous driving) or Section 185 (drunken driving) or Section 197 (taking vehicle without authority).

ii) A Police Officer in uniform may arrest without warrant any person who has committed an offence under this Act, if such person refuses to give his name and address.

Section 203: If a person required by a Police Officer to provide a specimen of breath for a breath test, refuses or fails to do so and the Police Officer has reasonable cause to suspect him of having alcohol in his blood, the Police Officer may arrest him without warrant except while he is at a hospital as an indoor patient.

Section 206:
1) Any Police Officer or other person authorised in this behalf by the State Government may if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of Section 464 of the Indian Penal Code, seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

2) Any Police Officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it to the Court.

3) A Police Officer or other person seizing a licence under sub-section (2) shall give to the person surrendering the licence a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive until the licence has been returned to him or until such date as may be specified by the Police Officer or other person in the acknowledgement, whichever is earlier.

Section 207: Any Police Officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose, take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.

Source: SOME IMPORTANT PROVISIONS OF LAW
Official web site of the Transport Dept: http://morth.nic.in/mvact.htm
Motor Vehicles Act 1988: http://morth.nic.in/mvleind.htm
Central Motor Vehicles Rules 1989: http://morth.nic.in/cmvr.htm

Cheers
cnu
hi,
wanted to find out if registration numbers of old cars can be somehow transferred to new cars and vice versa..basically i have a very old Maruti 800 with an unique number, can it be transferred to my new car?
The RTO in Noida told me that its not possible but i have personally seen brand new cars with old registration numbers!
Somebody throw light!
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Old 3rd January 2008, 19:33   #85
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Question Interstate transfer

I had a query on the transfer of vehicles between states. Specifically, I'm thinking of bringing a car over from my hometown in Punjab for use in Mumbai. I've asked around and gathered the following information:
- For using a car for under three months in a different state, no formalities are required
- For usage between 3 months and one year, there are some formalities. Information on this point is slightly conflicting with some sources saying that the RTO just needs to be informed whilst others say a year's road tax also needs to be paid.
- For usage beyond a year, the registration needs to be transferred. This involves taking an NOC from the home RTO and re-registering the car in the new jurisdiction after paying all applicable taxes and levies. For Mumbai, these amount to 13-14% of the invoice value of the vehicle : octroi (15% for vehicles less than 15 months old, 4/4.5% for older vehicles); entry tax (4.5% for vehicles less than 30 months old) as well as the regular road tax and RTO charges

Can someone confirm or cotradict the above information? It's been gathered from a cross section of brokers and a contact in the RTO (all of whom have provided slightly different versions of this).

In addition, can someone shed light on how this would differ or Thane or Navi Mumbai as well? Whilst I am based primarily in Powai, I do have a reasonable basis of claiming residence in either of these areas as well.

Thanks in advance for your help.
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Old 15th February 2008, 16:29   #86
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Friends I need your help.

I am currently not in India. I have a bike and a car. Yesterday a policeman came to my apartment in Pune (where my friend is staying temporarily) with a challan. The challan was for travelling triple seat on a bike. I am not in India. But my bike is used by some of my friends on need basis.

The policeman took 100 Rs from my friend's dad, handed over the challan and left.

What I need to know is, is there something else that I need to do? Do my friend still has to go to the police station and pay up or the payment that was done at home enough? The challan was for 100 Rs.
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Old 15th February 2008, 17:21   #87
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Originally Posted by tanmay_ambre View Post
Friends I need your help.

I am currently not in India. I have a bike and a car. Yesterday a policeman came to my apartment in Pune (where my friend is staying temporarily) with a challan. The challan was for travelling triple seat on a bike. I am not in India. But my bike is used by some of my friends on need basis.

The policeman took 100 Rs from my friend's dad, handed over the challan and left.

What I need to know is, is there something else that I need to do? Do my friend still has to go to the police station and pay up or the payment that was done at home enough? The challan was for 100 Rs.
Don't worry as the fine is being paid !
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Old 15th February 2008, 19:18   #88
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Originally Posted by jaibir View Post
Specifically, I'm thinking of bringing a car over from my hometown in Punjab for use in Mumbai. I've asked around and gathered the following information:
- For using a car for under three months in a different state, no formalities are required
- For usage between 3 months and one year, there are some formalities. Information on this point is slightly conflicting with some sources saying that the RTO just needs to be informed whilst others say a year's road tax also needs to be paid.
- For usage beyond a year, the registration needs to be transferred. This involves taking an NOC from the home RTO and re-registering the car in the new jurisdiction after paying all applicable taxes and levies. For Mumbai, these amount to 13-14% of the invoice value of the vehicle : octroi (15% for vehicles less than 15 months old, 4/4.5% for older vehicles); entry tax (4.5% for vehicles less than 30 months old) as well as the regular road tax and RTO charges
There are 3 laws in play here.

First is the Motor Vehicles Act, the central statute, which says that a change of address for more than 1 year should be intimated to the RTO - means the change of address has to be entered in the vehicle's records at the RTO. When this change involves change to area of another RTO within same state, not much problems are involved and same registration number can be continued. But this involves re-registration if an inter state change of address is involved.

Second law is the law relating to taxes on motor vehicles - and since this is a state subject as per the constitution, the law is different (with common general principles) in all the states. Since most states have a one time tax on private cars and two wheelers, which has to be paid at the time of registration, a vehicle which is re-registered has to pay road tax again in the new state. The 3 month rule may be contained in this statute, and info you got may be correct.

3rd law is the law relating to Octori - unique to few states / cities, like Mumbai. Everything entering the limits of the city has to be subjected to octroi. Some states levy entry tax on motor vehicles alone - but entry tax is typically not levied on vehicles older than 15 months.
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Old 15th February 2008, 20:51   #89
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Originally Posted by BaCkSeAtDrIVeR View Post
There are 3 laws in play here.

First is the Motor Vehicles Act, the central statute, which says that a change of address for more than 1 year should be intimated to the RTO - means the change of address has to be entered in the vehicle's records at the RTO. When this change involves change to area of another RTO within same state, not much problems are involved and same registration number can be continued. But this involves re-registration if an inter state change of address is involved.

Second law is the law relating to taxes on motor vehicles - and since this is a state subject as per the constitution, the law is different (with common general principles) in all the states. Since most states have a one time tax on private cars and two wheelers, which has to be paid at the time of registration, a vehicle which is re-registered has to pay road tax again in the new state. The 3 month rule may be contained in this statute, and info you got may be correct.

3rd law is the law relating to Octori - unique to few states / cities, like Mumbai. Everything entering the limits of the city has to be subjected to octroi. Some states levy entry tax on motor vehicles alone - but entry tax is typically not levied on vehicles older than 15 months.
Thanks for this. I've bought a new Swift Diesel now. I'm already thinking of getting a car over to play with sometime next year. Guess I'll use this then
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Old 14th March 2008, 23:59   #90
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Is there any way to get the details of all these rules in one place?

Last week my car was towed by traffic police for "parking at corner". I am stckler for following the traffic rules and safe driving practices, and thought even that day that I had parked the car well away from the so called corner. So when I asked the cops why the car was still towed away, they informed me that the prohibited parking area around a "Corner" is defined as a distance of 75 feet in both directions from the center of the corner. I dont know if I was just conned or there is any thing to substantiate this.
This was not the first time, that I got a feeling that feeling that the towing of vehicles in by traffic cops is done more for extracting the towing fees from the owners rather than to ensure traffic discipline.

So does any one know, what the details are, or where to find them?
the rule is "15 metres away from the corner" which is less than 50 feet, now the issue here is, if ur car was parked more than 50 feet away, they still towed it away citing 75 as the rule, if you were in doubt, u should take a photograph of the marking on the road, take measurements, and document them photographically, and then challenge the towing, in any case, they know you'd be spending more than the towing charges etc.... the cops nowadays are really high-handed with their rules, also, the towing guys, if they haven't picked up enough vehicles, will tow for no reason, around evening time, so you really need to be careful.


a fotnight ago, I was driving down from the reclamation towards lilavati, when a traffic policeman stopped me, demanded my license and then the papers, after finding everything in order, he said im driving without seatbelts, my car is a 1992 model M800, and it doesn't have seatbelts, so the law says, "any car manufactured after 1994 shall be driven with seat belts" when i said this, he claimed the rule was for 1991, which i challenged, he gave up on that after i called another cop and cross questioned him.
Now: cop #2 says, "everything is fine, but your car isn't passed" I showed him the passing dates on the papers, after which he asked for the original papers, I said "the RC book says original papers may not be kept in the vehicle for non-transport vehicles, and may be produced if asked for within 7 days".... He was stumped....

finally i told him "can i go now? you have wasted ten minutes of my time for no mistake on my part, even trying to implicate me on false charges, should i speak to your seniors or are you letting me go?"
he promptly let me go, but i was in a real good mood to get him in trouble that day.

try and remember all your rights, and rules that apply to you and your car, they come very handy lots of times...
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