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My questionis about the time it will made availiable at service center once it has been notified. Let'ssay you reach service center and came to know you need certain spare part that is not availiable.now how much will you wait? and is there any rule which governs this duration? You would not want to hear after 2 months that they are still trying to get the spares!
-Pramod

I doubt there's a rule about it (very slim chances in India!).

How long the service centre takes to arrange for the spares depends on where they arrange it from n how serious they are about it.

I have known quite some cases where in such scenarios, the service centre gives the car owner one of their spare cars.

That is about consumer protection; not Motor Vehicles. Means, if you do not get a spare for your washing machine and your car, the rules may be the same.

I guess that was Maruti's internal rule. Or some auto company's internal rule.

Definitely not enforcible in a court of law.

However, I would like to hear from anybody who has sued an auto company for inability to supply spares for a car. The same auto companies would not hesitate to sue the pants of a guy making spares for the same car - claiming violations of "intellectual" property rights (probably design violations).

Note - This Post Relates to Delhi Police but would also help people from other parts of India.

Hi,
I was stopped at the police check point earlier tonight, the constable asked me to stop the car on the side to which I duly complied and said he just needs to go over the documents to verification purposes, to which again I complied. He asked me to park my car further down the road and he proceeded to move a bit further away from the check point, I knew he was looking for a bribe and I was hoping I'd have all my documents to not give him an opportunity to ask for one.

Anyway, as it turns out, I did have my license but didn't have the RC or the Insurance, to which he claimed that my car will have to be impounded or to put it in his words "bandh karwani padegi". I knew he was bullshitting me cause an offence of this nature does not warrant seizure of the car and is only liable for a fine. This is where I got a bit angry and asked for his senior, I must admit I was quite disrespectful towards him. He seemed hesitant to take me to his senior and got offended and said I should deal with him instead, but given my insistence he finally gave in and started walking towards the check post with me. Anyway I got the matter settled without paying a bribe and did apologise to him for being rude for he has to work late nights during the festive season and is deprived of the joy of being with his family who await his return to celebrate.

That made me come back home and research a bit about the amount that we can be fined for such an offence. My first stop was the Delhi Police facebook page, but that proved to be a lemon since the Facebook page moderator or whatever IT guy they have employed to look after it was unaware of the laws and kept pointing me in different directions, but none to avail. But I must admit here, there is alot of information available on their facebook page and it'd be a good place to know the law a little better. The said offence is not listed in Offences page of the Delhi Traffic Police, thus the inability of the DTP FB page moderator to provide the correct information cannot be blamed.

Anyway, what I found was, the offence of not carrying requisite documents invites a fine of Rs.100/- (First offence) and a subsequent fine of Rs.300/- on the second offence (Section 130(3) read with Section 170 of Motor Vehicles Act, 1988) ALSO you can surrender your license to the concerned authority and present the required documents to them within 15 days and get your license back. BUT, do remember that upon surrendering your license the concerned authority will issue you a receipt which will act as a supplement to your license until you get it back. BUT do not go for option #2 if your insurance has expired as that would call for a fine.

Another point I have seen alot of commuters being harassed on is producing the original RC and Insurance Papers, again, it's NOT required to keep your documents in original and it is OKAY to have duly attested photocopies of the same(Confirmed by Spl. Commr. Police (Traffic) Ajay Garg). BUT, do remember to keep your pollution certificate in original.

A very major point to remember is that NO Head Constable (Traffic) can fine you of any charge in excess of Rs.100/-, for such penalty that invites a fine in excess of Rs.100/-, it has to be done by an officer of the rank of ASI. So next time if they try to threaten/harass you with a fine of Rs.1,000/-, ask them to go ahead and fine you, but before you do that, do make sure the position you're dealing with is a head constable

What I will be doing from now on and would recommend others to do too -
1. Carry all relevant documents in your car and have a quick check to make sure they're present before you drive.
2. Periodically check the documents to see if any of them has expired or is fast approaching the expiry date.
3. Keep a print out of the list of offences and fines in your car at all times.
4. Also a list of Authorised Position which can fine you for different offences.
5. Keep the phone number of the traffic helpline and other postionaries such as Spl. Commr. (Traffic), Jt.Commr. handy, in case the matter starts to get out of hand and you are left with no other choice but to seek their help.

Anyway, I hope everyone will take an effort to know the law that governs us a little better, thereby giving the system functionaries one less chance to be corrupt and harass us.

Cheers m8s
Sibot

sibot
Hi
It is very helpful of you to put the details that you have culled.
I am also very reluctant to carry the original RC book and the insurance papers specially when travelling interstate.(DL and PUC have to be carried in original)
Section 158 of Indian Motor Vehicle act states that in the event of an accident the original documents are to be produced.What about in the normal course of the day?
Long back i do remember a judge making a comment on this subject.His stand was if all originals are in the car or on the person and if the car gets stolen or driver gets waylaid what recourse does a person have?
Some legal eagles will have to help.
I am reproducing a letter written by me published in DNA

Apropos 'Traffic cops face identity crisis, thanks to fakes', (August 2), it is a great initiative by DNA to warn the general public. It would be a big help if somebody can give the general public some tips on how to avoid such situations. How many people know the details of police uniforms to know if they are real or fake? I also request a clarification from a legal point of view regarding carrying the original RC book and original insurance certificate, especially for interstate travel. I remember reading a judge remarking that carrying originals is not mandatory. Photocopies are acceptable. Could some legal eagle help by giving the judgement reference? Section 158 of the Indian Motor Vehicle act only says that originals are to be produced in case of an accident within 7 days. There is a growing tribe of interstate car travellers and a clarification
will be beneficial so that the people are not harassed unnecessarily.
—Nari Vanwari,k via email

I have no idea if there were any replies as i left bombay soon after
Regards

This is an interesting thread. Is there a list on the traffic police website that lists out the amount of fines we need to give for a particular offence? I would love to keep a copy of that so if stopped the cop can't just cox me into paying more then the fine. Generally they start off with a very large amount as the fine and the offender ends up paying a small amount of that as a bribe. I have seen so many times people giving rs 100 as bribe when the original challan amount would also have amounted to 100.

Nice thread. But i think it can fit well into this one:
http://www.team-bhp.com/forum/indian...icles-act.html

Just a clarification on the names:

Spl. C. P. (Traffic) in Delhi = Mr. Ajay Chadha
Joint C. P. (Traffic) in Delhi = Mr. Satyendra Garg


Now as discussed, two important links for the powers of HC and ASI:

Compounding & non Compounding offences alongwith Prosecution Powers of HC and ASI: http://www.delhitrafficpolice.nic.in/HC_1.DOC

Prosecution powers of HC: http://www.delhitrafficpolice.nic.in/HC_2.DOC

Cheers!
Irish :)

They are to cover the windows for those eyes which want to catch them red handed taking Bribes, Haftas, ETC ETC...

Now our Govt and the police chief has suddenly woke up and asked his team to stop and levy fine to motorcyclists who dont wear ISI marked helmets.
Since so many years most of two wheeler riders wore Plastic Caps and not helmets.
Now god knows which ISI marked helmet compony approached our chief to remind him about the law.

The ISI marked helmets might save the life of someone you know.

Yes I know sir ji but WHY our Govt woke up so late, first they allowed those flimsy pink,yellow,blue,green plastic caps(Helmets) which were worn by our so called riders who brought these helmets as low as 60/- from crawford market.
Now as typically done by Indian mentality componies ISI helmets will be costing much much more then their actual prices.

On the other hand it will be interesting to see how the police react to those riders who are wearing Arai/ or other internationally recognized (reputed) brands :D

Friends ,

Below are some important sections of law which I picked up from BTP site for your reference.


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

Section 4: Age limit for obtaining driving license - • 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 Drugs and 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 license 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 license 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 license
ii) If a person is convicted for the second time for drunken driving under Section 185, the Court shall cancel the driving license 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 93: Only licensed persons to canvass and sell tickets for passenger transport vehicles.

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 123: Foot-board travelling and travelling on the top of the vehicle or bonnet is prohibited. The driver or conductor can refuse to move such a vehicle.

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 License, 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 license 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: •certificate of Insurance
•certificate of registration
•driving license
•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 178:
i) Penalty for travelling without ticket is upto Rs. 500/-.
ii) If the conductor of a stage carriage fails to perform his duty regarding issue of proper ticket etc., he can be punished with fine upto Rs. 500/-.

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 license, 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 license held by such driver and forward it to the Court.

3) A Police Officer or other person seizing a license under sub-section (2) shall give to the person surrendering the license a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive until the license 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.

Section 215: The Central and Statement Government are required to constitute National Road Safety Council, State Road Safety Council and District Road Safety Committees for road safety programmes.

@PC77,

Thanks for the compilation. Great job. It is wonderful to see so many informative threads coming up in T-BHP within the last month.

If this thread can be categorized under different sections, it might be more useful. :-)

Also, if any one is knowledgeable about the seizure list and it's post-processes, please enlighten us.