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-   -   Let's know the law (Motor Vehicles Act) (https://www.team-bhp.com/forum/indian-car-scene/7985-lets-know-law-motor-vehicles-act-14.html)

viv_cal 14th January 2016 19:36

re: Let's know the law (Motor Vehicles Act)
 
I have a doubt regarding the offences in the Act.

If a particular variant of a car doesn't come factory fitted with a stereo, the Smart Card reflects the "audio" as "No". Now when we install an after market stereo in the car, is it illegal and is it liable for a traffic violation offence?

My driver has recently got pulled up twice over this issue in the last couple of months, but this was never an issue earlier!

SS-Traveller 14th January 2016 20:04

re: Let's know the law (Motor Vehicles Act)
 
Quote:

Originally Posted by viv_cal (Post 3890914)
If a particular variant of a car doesn't come factory fitted with a stereo, the Smart Card reflects the "audio" as "No". Now when we install an after market stereo in the car, is it illegal and is it liable for a traffic violation offence?

My driver has recently got pulled up twice over this issue in the last couple of months, but this was never an issue earlier!

This only happens in Kolkata / WB. No other state AFAIK. Rule has been around since the last 30 years or more, only enforced at times of tax renewal. Nowadays the exchequer needs more money there, so your driver is getting stopped more frequently.

viv_cal 14th January 2016 20:13

re: Let's know the law (Motor Vehicles Act)
 
Quote:

Originally Posted by SS-Traveller (Post 3890930)
This only happens in Kolkata / WB. No other state AFAIK. Rule has been around since the last 30 years or more, only enforced at times of tax renewal. Nowadays the exchequer needs more money there, so your driver is getting stopped more frequently.

So, it actually is a violation! So how can we go about rectifying it? Get the Smart Card changed?

PS: The state is STILL not benefiting by enforcing this rule. The money is not going the the exchequers coffers, as formal offence challans are rarely given. The traffic cops illegally pocket Rs. 100-200 by scaring the drivers about a Rs.3,000/- case! :deadhorse

SS-Traveller 14th January 2016 21:07

re: Let's know the law (Motor Vehicles Act)
 
Quote:

Originally Posted by viv_cal (Post 3890936)
So, it actually is a violation! So how can we go about rectifying it? Get the Smart Card changed?

Not fully conversant with procedure, but one has to produce the vehicle for inspection, pay a tax, get a separate receipt, and show it on demand to prove that tax has been paid.

There's a similar rule that requires one to pay additional tax for air-conditioning installed outside as well.

faustus77 15th January 2016 00:31

re: Let's know the law (Motor Vehicles Act)
 
Hi everybody.
Please guide.
My Beat is registered in my daughter's name and I drive it out of the state.
I have her letter authorising me to use the car, a sort of to whomsoever it may concern etc.
Can I be harassed by a traffic constable/officer out to make a quick buck?
What is the relevant section of the MV under which this comes?
Please guide.
Thanks and regards

SS-Traveller 15th January 2016 19:14

re: Let's know the law (Motor Vehicles Act)
 
1 Attachment(s)
Cops cannot snatch away your car/bike keys and/or deflate your tyres - by law!

sachinpk 25th January 2016 14:53

re: Let's know the law (Motor Vehicles Act)
 
Quote:

Originally Posted by faustus77 (Post 3891061)
My Beat is registered in my daughter's name and I drive it out of the state.
I have her letter authorising me to use the car, a sort of to whomsoever it may concern etc.

If it is a private vehicle then even such a letter is not required, and is not going to help you in any way. As per the law the driver of the vehicle has to have his ORIGINAL driving license. Xerox copies of other documents like RC Book, Tax Paid receipt etc. is fine. If a police officer stops you, naturally he can (and would) check your license and documents. If he finds some thing fishy, he can seize your driving license and give you a receipt. You need to produce subsequent evidence (eg. original RC book etc.) within 15 days at the police station where the police officer is posted.

PS: As a practise I carry the original documents (including RC, Tax paid and DL) when going for inter-state travel. Especially if I am crossing over multiple states.

KiloAlpha 25th January 2016 17:12

Re: Let's know the law (Motor Vehicles Act)
 
Quote:

Originally Posted by faustus77 (Post 3891061)
Hi everybody.
Please guide.
My Beat is registered in my daughter's name and I drive it out of the state.
I have her letter authorising me to use the car, a sort of to whomsoever it may concern etc.
Can I be harassed by a traffic constable/officer out to make a quick buck?
What is the relevant section of the MV under which this comes?
Please guide.
Thanks and regards

As a rule, mostly all traffic constables will be out to make a quick buck from cars with out-of-state registration. So for even the most minor of violations, they will harass you more than a locally registered car. Unfortunate fact of life.

Quote:

Originally Posted by sachinpk (Post 3897838)
If it is a private vehicle then even such a letter is not required, and is not going to help you in any way. As per the law the driver of the vehicle has to have his ORIGINAL driving license. Xerox copies of other documents like RC Book, Tax Paid receipt etc. is fine.
...

PS: As a practise I carry the original documents (including RC, Tax paid and DL) when going for inter-state travel. Especially if I am crossing over multiple states.

Always carry your original drivers license.
When driving out-of-state, always carry original RC, Insurance, Emissions Test certificate/Pollution Under Control certificate. This is as per the Central Motor Vehicles Act.

faustus77 26th January 2016 00:28

Re: Let's know the law (Motor Vehicles Act)
 
KiloAlpha/ Sachinpk
Thanks your posts.
Agreed that the DL and PUC has to be carried in original.
3/4 years back I had written a letter to the editor of DNA and it was carried in their newspapers. My query was that if I carried the original RC/ Insurance Certificate and if the car was hijacked and my purse and mobile snatched how would I prove to the cops anything where I go to lodge a complaint? Any backtracking to verify with RTO Mumbai will take ages. And AFAIR that under section 158 I am not supposed to carry the original RC book/IC. In case of a mishap/violation I have 15 days to produce the originals.
I drive cross country alone and toying with the idea of driving to Arunachal and Mizoram. Another niggling problem in my mind is that if there is a mishap then my daughter can be harassed to no end.. so before I leave for my trip I can buy the car from her and transfer to my name. How long will that take?
I will very much appreciate member's views here.
Regards
PS: There were no response in the newspaper nor was there any on different forums.

sachinpk 27th January 2016 09:41

Re: Let's know the law (Motor Vehicles Act)
 
Quote:

Originally Posted by faustus77
And AFAIR that under section 158 I am not supposed to carry the original RC book/IC. In case of a mishap/violation I have 15 days to produce the originals.

You get 15 days even if a police official demands these documents. The catch being (as I said earlier) they would seize your original DL. There are practical difficulties, as imagine a person from Maharashtra getting caught for an offence in Kerala. He may be on a vacation in Kerala, all that would be ruined because his priority would be to get the documents to KL within 15 days.

More on Sec 158 MV Act. As per my reading, this section mandates that Certificate of Insurance, Certificate of Registration and Driving License has to be produced as and when asked for. Sub section (3) gives an exception that conviction under sub section (1) & (2) would not be possible, if the certificate of insurance can be produced within 7 days of being asked for it (or 7 days after the date in which a motor vehicle accident involving the vehicle occured). This section does not mention any thing about the certificate of registration.

Then I checked with the CMV Rules (which is more detailed on the implementation of the provisions of the MV Act). Section 139 of CMV Rules clearly state that "he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents by registered post within 15 days from the date of demand"

Krishnan V G 26th April 2016 08:20

Delhi traffic police take away the original driving license. What can be done?
 
Yesterday, at about 17.15 hrs, near Arjan Garh metro station, Delhi, my wife was given a challan for Rs. 400 for over speeding that we paid off. Based on the new rule implemented on the basis of a Supreme Court appointed committee's recommendations since mid December 2015, the traffic police also took away her original driving license and gave us a receipt to this effect. This virtually means she cannot drive any vehicle for a period of 90 days from yesterday. We were told to collect the license after the suspension period from the RTO office in Gurgaon where it was issued. You can visualise quite a number of inconveniences post this situation. Any suggestions or solutions in this situation for her?

VW2010 26th April 2016 08:33

Re: Delhi traffic police take away the original driving license. What can be done?
 
Any suggestion outside the law will be unlawful only. Check with RTO if there is an option to get it before 90 days.

Visit RTO in person and plead guilty and ask for an exception.

If only all RTO does this with 100% of offenders our roads will be super safe. But these rules apply for only those who are caught.

Krishnan V G 26th April 2016 08:43

Completely agree with you to go with the law. Did plead with the police officer yesterday itself, spending half hour in the process. Felt for a first time offence, the rule is little too harsh on someone who has not broken any rule in 15 years of driving across India. More than anything else, am afraid of losing the licence somewhere in transit between Delhi traffic police and RTO in Gurgaon. We are also in the midst of an across India driving trip. Hmmm.

sgiitk 26th April 2016 09:34

Re: Delhi traffic police take away the original driving license. What can be done?
 
As long as you have the receipt it has the same authority as the license. Since it is suspended there is not a lot you can do.

mxh 26th April 2016 09:57

Re: Delhi traffic police take away the original driving license. What can be done?
 
Was the speed limit board displayed clearly in that area? What was the limit and what speed was your wife doing? Does anyone know whether these rules apply in Mumbai also?


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