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Old 9th December 2014, 16:19   #1
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Default Driving Licence confiscated for violating 'No Parking' zone

I wanted to share this experience so that others are aware of this law!

Today I had parked my car in a 'No Parking' zone in Jayanagar for 15-20 minutes or so. This was not a busy street or anything but I agree I violated the law.
When I got back, i saw traffic cops who promptly issued ticket but also took my DL asking me to come to the police station to collect it.
When I went there I was told that they are sending my DL to RTO RECOMMENDING IT TO BE CANCELED!
When I asked about the severity of the offence and first time violation etc, they showed me a circular which vaguely said that any traffic violation can result in the cancellation of the DL.
They have issued a notice which I am supposed to produce with RTO to claim back my DL.

Questions:
  • Has anyone gone through this? How hard is it to get the DL back from RTO?
  • They informed me that I can continue driving as I have the notice in my possession. But I am not sure if I can drive without the DL. Anyone has as idea?
  • Guys I know I violated but isn't this too much? What will happen if cops start recommending to cancel the DL for every traffic offence? Am I missing something here?

@mods, pls merge if the topic is already been discussed

Last edited by Guna : 9th December 2014 at 16:29.
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Old 9th December 2014, 16:31   #2
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Default Re: Parked car in 'No Parking' and the DL got seized

Quote:
Originally Posted by Guna View Post
I wanted to share this experience so that others are aware of this law!

....... DL to RTO RECOMMENDING IT TO BE CANCELED!
When I asked about the severity of the offence and first time violation etc, they showed me a circular which vaguely said that any traffic violation can result in the cancellation of the DL.
They have issued a notice which I am supposed to produce with RTO to claim back my DL.
@Guna

That is very sad and to some extent even shocking.

I hope it is not a way to extract more from you in way of bribes!!

I do not think a parking violation(first time) can result in cancellation of the license.

Pls. speak to senior police officials and get it sorted.
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Old 9th December 2014, 16:35   #3
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Default Re: Parked car in 'No Parking' and the DL got seized

The offence is not a very serious one.

Go to the RTO and apologize (if possible, in writing) that it was a mistake and you would henceforth take care and ensure not to violate traffic rules.

I am sure, the RTO wont act stricter after you admit your mistake and simply do whats required to release your licence.

All the best.
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Old 9th December 2014, 16:46   #4
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Default Re: Parked car in 'No Parking' and the DL got seized

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Originally Posted by arnabchak View Post
@Guna

That is very sad and to some extent even shocking.

I hope it is not a way to extract more from you in way of bribes!!

I do not think a parking violation(first time) can result in cancellation of the license.

Pls. speak to senior police officials and get it sorted.
I did speak to the Inspector who was quite stubborn.
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Old 9th December 2014, 16:56   #5
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Default Re: Parked car in 'No Parking' and the DL got seized

Quote:
Originally Posted by Guna View Post
I did speak to the Inspector who was quite stubborn.
An inspector associated with the police station will be stubborn and will not solve the problem.

Every locality station has a main police station of that area.

Eg. I stay in Kasarvadawali(locality) in Thane. The location has a police official at the max. designation of a Sr. Inspector.

The main police station is Thane Main (Thane Nagar) where higher officials are seated- ACP rank and above.

You may need some internal help if possible or unconstitutionally check with this PI "what he wants" from you.

I am against the latter but hope you get the drift!!
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Old 9th December 2014, 16:57   #6
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Lets assume you will get your license back after visiting the RTO. Will you then think about parking in a no parking zone? I think this is the best deterrent to rule breaking, unfortunately you had to be a part of it.

I'm happy the Bangalore police is taking all kinds of violations very seriously, even though it may seem minor to us. Its only this way we will get any order on our roads, with most people thinking everything from signal breaking to no parking to driving on the wrong side of the roads are 'small things'.

No offense meant to you personally Guna.
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Old 9th December 2014, 17:05   #7
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Unfortunate incident.
Quote:
Originally Posted by Guna View Post
This was not a busy street or anything but I agree I violated the law.
Do you think if the house or shop owner where you parked could have complained 'strongly' to the police? Usually the police let off if you pay fine. But surprised that the inspector was stubborn. What if you had refused to part with the DL?
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Old 9th December 2014, 17:15   #8
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

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Originally Posted by msdivy View Post
Unfortunate incident.

Do you think if the house or shop owner where you parked could have complained 'strongly' to the police? Usually the police let off if you pay fine. But surprised that the inspector was stubborn. What if you had refused to part with the DL?
There was no house or a shop nearby.
I was busy paying the fine to a cop who had a blackberry. In the meantime other cops left in a jeep and I did not realize they actually took the DL!
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Old 9th December 2014, 17:20   #9
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Illegal parking is a non-moving violation. Cancelling DL for non-moving violation is absurd. The traffic SI is indeed going overboard. Please post your complaint in Facebook BTP page.
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Old 9th December 2014, 17:28   #10
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Quote:
Originally Posted by Samurai View Post
Illegal parking is a non-moving violation. Cancelling DL for non-moving violation is absurd. The traffic SI is indeed going overboard. Please post your complaint in Facebook BTP page.
I was going to do that. Thanks.

Another thing I noticed. In the blackberry receipt, they have listed (in addition to wrong parking) lane indiscipline as one of the offence. I noticed it only later.

BTW this is what I came across on the FB page

Parking of vehicles in No Parking places and Footpath: Along with regular fine now the driving License of the driver/rider will be sent to RTO for suspension. (MV Act 1988 sec.19(1) F and CMVR 1989 rule 21(15). Kindly don't park your vehicles in NO PARKING places and on footpath.

Question is how do public know about these developments if one is not subscribed to the FB page.

Last edited by GTO : 10th December 2014 at 16:38. Reason: Merging back to back posts
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Old 9th December 2014, 18:53   #11
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Quote:
Originally Posted by Guna View Post
BTW this is what I came across on the FB page

Parking of vehicles in No Parking places and Footpath: Along with regular fine now the driving License of the driver/rider will be sent to RTO for suspension. (MV Act 1988 sec.19(1) F and CMVR 1989 rule 21(15). Kindly don't park your vehicles in NO PARKING places and on footpath.

Question is how do public know about these developments if one is not subscribed to the FB page.
I've seen banners at a couple of busy junctions which list violations that can lead to suspension of DL.

But really you can't expect the traffic police to go shouting from rooftops. Once they start implementing such rules, automatically the word spreads. See I came to know after it happened to you . And I also told two of my colleagues.
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Old 9th December 2014, 19:00   #12
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Sorry to hear of the incident. I was not aware till today of the new rule.

The fact is that the government hasn't been able to handle the infrastructural mess in Bangalore and the lack of parking facilities - they then come up with these ridiculous rules. A few months ago the cops were cancelling licenses when folks were talking on mobile . I can still accept that - but cancelling DLs for parking in a no parking zone the first time is ridiculous.

I would ask bhp-ians who're against this rule to post on the BTP website and also tweet to the city Police Commisioner.

Last edited by sdp1975 : 9th December 2014 at 19:14.
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Old 9th December 2014, 20:26   #13
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Post deleted by the Team-BHP Support : Please do NOT post messages that add little or no informational value to the thread. We need your co-operation to maintain the quality of this forum.

Please read our rules before proceeding any further. We request you to post ONLY when you have something substantial to add to a discussion.

Last edited by GTO : 10th December 2014 at 16:43.
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Old 9th December 2014, 20:32   #14
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Quote:
Originally Posted by Guna View Post
...the driving License of the driver/rider will be sent to RTO for suspension. (MV Act 1988 sec.19(1) F and CMVR 1989 rule 21(15). Kindly don't park your vehicles in NO PARKING places and on footpath.

Question is how do public know about these developments if one is not subscribed to the FB page.
If it wasn't so irritating and problematic for you, it would have been funny.
Quote:
CMVR 1989 rule 21(15): Abandoning vehicle in a public place causing inconvenience to other road users or to passengers in the vehicle.

MV Act 1988 sec.19(1)F: If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act;

it may, for reasons to be recorded in writing, make an order
(i)disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence;
(ii) revoke any such licence.

(2) Where an order under sub-section (1) is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,
(a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or
(b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued;
(c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence.

Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder.

(3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
So where did you abandon your vehicle? Didn't the Traffic Police personnel find you right next to your vehicle? Which part of "abandon" don't they understand?

The applicable rule for a No Parking offence is 122/177 MV Act &179 MV Act.
Quote:
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 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 177. General provision for punishment of offences: Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.
BTP's own website lists a wrong parking offence at #21, with a fine of Rs.100 (http://www.bangaloretrafficpolice.go...t&view=article). Traffic Police cannot use any random section of the law, interpreting it as they see fit, and harass citizens.

The word that comes to mind to describe this action is draconian. Since it is a matter of your driving licence, you had better find a good lawyer and challenge this in a civil court (unless the RTO visit works out in your favour, and the licence is not suspended).
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Old 9th December 2014, 20:36   #15
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Default Re: Driving Licence confiscated for violating 'No Parking' zone

Bangalore authorities are giving Taliban the competition. TOTALLY ABSURD and idiotic. Next time, they will come up with a flogging on the street rule for an illegal lane change too.

No country on this planet has a cancellation of licence for parking in a no parking zone. Just a money making gimmick nothing else.

Last edited by humyum : 9th December 2014 at 20:42.
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