Team-BHP - Karnataka Road Tax, Crack down announced.EDIT: High Court Judgement on Pg 36 attached

Quote:

Originally Posted by benbsb29 (Post 1162399)

So, going by your logic, if one were to steal a car, he should first change the plate to the local reg ones, so he can go by without being flagged down. Nice hint. :thumbs up

After all, out-of-state vehicles are the ones seen as currency notes.

wow, that is one hell of an interpretation from a bit too weird suggestion:uncontrol

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I was going through the Central motor vehicles act and came across section 49, which is reproduced below

Laws - Motor Vehicles Act, 1988 Section 49

Change of residence or place of business.
(1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein.
(2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (4):
Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount.
(3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177.
(4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address.
(5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration.
(6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority.
(7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.

I think we can take a print out of Section 49 of CMV so that we can teach those so called "law ignorant" cops ?

@joe, that is fine; but what Karnataka says is that they want taxes, even if the vehicle is in Karnataka for less than the period of six months you quote in bold. And not paying road tax, which is controlled by the State government, is a different thing from intimating change fo address - which is governed by the central Act.

Given the recent law and order condition in Kar; and the reported state of roads, I wonder who is giving these directions to enforcement agencies. Seriously, we need to redifine vacuum. Any physicists here?

Quote:

Originally Posted by BaCkSeAtDrIVeR (Post 1164675)

yes, unfortunately the KA RTO rules say pay Road taxes first, registration can happen within next 11 months.

Quote:

What I have to do when I bring an other state vehicle to Karnataka State ?

Change of address has to be intimated within 30 days before the Jurisdictional Regional Transport office.

If the vehicle is purchased from outside state bearing other state registration mark then Transfer of ownership has to be intimated within 30 days before the Jurisdictional Regional Transport office.

Before using the vehicle in the state of Karnataka you should pay Motor vehicle Tax.

Source

hi All,
I just moved to hyderabad from chandigarh and i am driving a car which is under my father's name. Can i ask my father to sell the car to me for say 1 lac and using that invoice, i get the car registered under my name. It is a 5 year old esteem and for cars in range 5-6 years, tax is 4 percent in hyderabad. So, i would just have to pay 4k.
Did any of us buy a second hand car and got it re-registered in a different state. If yes, at what amount was the tax calculated - the ex-showroom price (or the original invoiced amount) or the price at which you bought (assuming you have had the invoice for this transaction).

Quote:

Originally Posted by Stig (Post 1165435)

The RTO website clearly states that when you want to register/pay LTT for another state vehicle in KA, they will calculate the tax based on the invoice amount at the time when you registered the vehicle for the first time. Depending on the age of vehicle, they will give depreciation for this tax amount. So irrespective of the number of owners that a vehicle had , tax will be computed based on either original invoice or if it is not available, current market price of the same vehicle. Now, if this vehicle is currently not available in market for purchase (i mean as a new vehicle), then that is a different case, which , I don't think they have mentioned in the RTO website.

My thoughts are rules should be similar in AP also and hence you might either need the original invoice or should be ready to pay it based on current showroom price.

Guys..

Get two things.

1. PUC (preferably from the home state, if not make sure its from ANY state other than KA)

2. Petrol Bills and/or Toll receipts - again either from home state of from outside KA. The toll receipts are a killer - they will hold in any court of law.

As a matter of abundant caution I also have an address proof issued by the Local Municipality showing my residential address is in Kerala. These certificates are valid for 6 months only - so get it renewed if reqd. (no rule against having a house in two states .. is there?:))

Thats it! NO cop would dare touch you.

Please remember as an Indian citizen you have full right to travel anywhere in the Indian Union. The cops cannot stop you unless you have valid documentation. As per current law an NOC is required ONLY for selling the vehicle in another state - and for NOTHING ELSE. This NOC is again required from the RTO and not from any jurisdictional cops! (they can however still fine you for other things like number plates, headlights etc - however those are cognisable offences - they cannot sieze the vehicle for that!)

Thanks kb100:)

I have a PUC now from Trivandrum dated 10th January 09. And I may be crossing over to Andhra this weekend, will try to have one from there also, as secondary one. Diesel bills from TVM no issue. Will take toll from Krishnagiri before April 10.

Quote:

Originally Posted by kb100 (Post 1165835)

Quote:

Originally Posted by kb100 (Post 1165835)

Are you saying that road tax need not be paid if one has the Toll receipts/Petrol bills, PUC of the state one is migrating from into Karnataka ?

Quote:

Originally Posted by DCEite (Post 1173059)

Are you saying that road tax need not be paid if one has the Toll receipts/Petrol bills, PUC of the state one is migrating from into Karnataka ?

Not exactly.

The rule says that you are required to pay road tax ONLY if you have been using the car for over six CONTINUOUS months in the state. The court had further ruled that the onus of proving this is entirely on the cops and that the commuter/vehicle owners are NOT to be harassed , nor the vehicles seized for this reason.

Hence yes all it will take for you to win the argument would be for you to produce the above mentioned bills/receipts - just make sure they are not older than 6 months. (which will mean you will have to source a fresh set, say, every 4-5 months)

Please remember people - there is no rule preventing you from having two (or more) residences in different states.

Quote:

Originally Posted by kb100 (Post 1173073)

The operative word being "Continuous". :)

I was not aware that a court ruling existed on this matter. Thanks for the very informative update.

PS: Is there any print-out or something that we can carry which refers to this court ruling and the six continuous months thing?