Team-BHP - Let's know the law (Motor Vehicles Act)

Quote:

Originally Posted by Krishnan V G (Post 3960155)

These rules are being implemented in Delhi since mid December 2015, and have been recommended by a Supreme Court appointed committee.

Looks the revised fines etc. are now only applicable in Union Territory limits. The states are yet to implement this. Also need to figure out how fines are decided. Sec.177 M.V Act has a general provision of fines not exceeding Rs.100/-, and for repeated offences fines not exceeding Rs. 300. Sec 184 and a few others have more stringent fines defined in the act itself. Don't know if states can arbitrarily change these fine amounts, as that would require President's approval (as a central act is getting modified).

So i got royally shivved by a cop in Delhi.

The Red Light was not working and I took a right turn after stopping at the light, waiting for oncoming traffic and then moving ahead.

This SI catches me and no amount of convincing him yields any results.
I even have photographic evidence of the Traffic Light not working. His own colleague checked the light out & conveyed on similar lines to him.

nevertheless, I was challaned for Jumping Red Light AND Dangerous Driving u/s Sec.184 with License impounded for 3 months. I paid the fine of 1100Rs on the spot as well.

I even visited the Area Police Station to find out my options, but seems there are none. Or none that were mentioned to me.
I desperately need advice on finding ANY way to appeal this in RTO or Court with the photos that I captured on my cell showing that the Traffic Light was not working.

Will be grateful if some Forum member/any lawyer could advise me on this.

Also to add, I am very worried about the 'Dangerous Driving" offense that was added to the list . As I see from Pg1 of this thread, it seems to be a very serious compounding type of offense.

Quote:

Originally Posted by BUXX (Post 3963912)

I was challaned for Jumping Red Light AND Dangerous Driving u/s Sec.184 with License impounded for 3 months. I paid the fine of 1100Rs on the spot as well.

Sorry to say this. But your case would just be a number in the statistical report which the SI would submit to his Inspector (and to officers above him). From what I could make out from earlier comments; this was a recently introduced law after some Supreme Court directives. The police would now work over time to prove that it took corrective action and show some good numbers to buttress their claims.

I agree with you. It is high time that automation (or digital evidence) is required to convict a person for MV Act violations (like signal jumping, over speeding etc.). This cannot be just charged by a police official with no back up evidence (except his statement).

Quote:

Originally Posted by BUXX (Post 3963912)

I even visited the Area Police Station to find out my options, but seems there are none. Or none that were mentioned to me.
I desperately need advice on finding ANY way to appeal this in RTO or Court with the photos that I captured on my cell showing that the Traffic Light was not working.

There is something like Lok Adalat for traffic offences, you can dispute the claim there. Meanwhile, do check the options and you need to present it in a court stating that you crossed the signal since it wasnt working nor there was any cop giving directions.

So the jumping signal and dangerous driving charges are uncalled for.

I think you should fight for it, more so the reason as your license is impounded.

Quote:

Originally Posted by panky12345 (Post 3965103)

When caught, let them impound your license. Do NOT pay anything. Keep a duplicate copy and apply for duplicate one at the RTO. Cool half day procedure. There's no law yet enabling Police to issue directions to Transport Department to cancel the license. :)

May not be that simple and easy.
Duplicate Licence is issued in case of loss, theft,or on mutilation (New Delhi Govt. web site)

Q. What is the procedure to get a duplicate licence?

Ans: You will require :
1. Application in Form LLD.
2. FIR/NCR of the lost licence
3. Challan clearance report from Traffic Police (in case of Commercial licence renewal).
4. A Fee of Rs.200.Form No 1.Self Declaration of Physical Fitness.
Attested Copy valid address Proof.
Note :- All photo copies to be attested by Gazetted Officer or Notary Public.

* Who is to give the document in the bolded part? The Delhi Polizei, am I right? ;).

Quote:

Originally Posted by BUXX

e-fir is the answer

I don't know how the e-filing of FIR in NCR works, but is it a case where any one can just file an FIR, and the police does not even do some cursory checks before entering it in the system? Because FIR once lodged just cannot be cancelled/removed easily, and thus police forces in India generally think multiple times before lodging an FIR. Once an FIR is lodged they have to show some sort of investigations and convince the court that the incident did not happen, or there was no offence etc.

Quote:

Originally Posted by panky12345

There's no law yet enabling Police to issue directions to Transport Department to cancel the license.

There are provisions for the same. Please go through the section Cancellation, revocation of the license: in the web page. Section 20 & 21 of MV Act, gives the authority for courts to suspend the license. Delhi Police can use this route. This article from the Bangalore City Traffic Police also explains the powers of the police to suspend the DL. Sec.184 seems to be an easy route to get the DL suspended :).

Quote:

Originally Posted by sachinpk (Post 3965568)

Delhi Police can use this route.

This is the operative word.

e-FIR is the answer. It clearly says that this is not subject to any investigations rather is meant only for the intimation.

RTO gladly accepts e-FIR. If you reach at 8.30 a.m. sharp, you'll be out by 9.15 a.m. max.

Trust me, it works.. 3rd license here clap:

Quote:

Originally Posted by BUXX (Post 3963912)

So i got royally shivved by a cop in Delhi.

I guess the only way to challenge the challan is to not pay at the spot and contest it in court. By paying on the spot, you plead guilty. Maybe you should not have paid and visited the court on the directed date to contest it. After having paid the challan, I am not sure how you can appeal against it.

Dangerous driving is something the cops slap on any and every offence these days to compound the challan amount. There is no clear cut law stating where it applies or where it doesn't.

Quote:

Originally Posted by panky12345 (Post 3965103)

Being a delhitte, I can only suggest "jugaad".

When caught, let them impound your license. Do NOT pay anything. Keep a duplicate copy and apply for duplicate one at the RTO. Cool half day procedure. There's no law yet enabling Police to issue directions to Transport Department to cancel the license. :)

Wouldn't it keep showing against the vehicle in question? As a pending notice?

Quote:

Originally Posted by Dry Ice (Post 3971095)

1. I guess the only way to challenge the challan is to not pay at the spot and contest it in court.

2. Wouldn't it keep showing against the vehicle in question? As a pending notice?

1. Bingo! That's the point. Surrender your DL ONLY.

2. Nope, it won't.. pending notice would be against your impounded document only (if any!). Never ever hand over your RC.

A panel of state Transport Ministers has given it's collective nod for inserting a new section in the Motor Vehicles Act to be enforced - any traffic violation such as speeding, dangerous driving, jumping traffic signal(s), drunk driving, using mobile phone(s) while driving and not wearing a helmet may result in on-the-spot suspension of driving licences.

Such offenders will also be required to go through a compulsory refresher training, besides paying up hefty fines and/or serving jail sentences.

And, a penalty of Rs 2,000 or a jail term of up to 6 months has also been imposed on drivers who willingly fail to take crash victims to the hospitals.

This Ministers' panel has also approved a motion for immediate withdrawal of movies, TV serials or advertisements which show speeding and highlight rash driving without showing adequate warnings on the TV screens.

Quote:

The GoM has also ratified stricter penalty for dangerous driving and racing on public roads.

For first time offenders, the fine would be Rs 5,000 or six months jail while for subsequent offense there would be two years jail or Rs 10,000 fine.

Moreover, the panel has approved higher penalty for drivers who fail to take crash victims to hospitals, in cases where they face no mob fury. Jail term of up to six months or Rs 2,000 fine have been proposed for such drivers.

Similarly, driving without insurance could attract Rs 2,000 fine and three months jail for first offense and Rs 4,000 fine on subsequent offense. Crash victims will be liable for compensation if they are hit by an uninsured vehicle.

To ensure that neither individuals, dealer or body builders interfere with construction and maintenance of vehicles, the GoM has proposed Rs 5,000 and up to Rs 1 lakh fine respectively.

To be frank, it is high time the fines for traffic violations are jacked up to "market rates". No body is really bothered about Rs.100 or Rs.500 these days. Next thing to be done is to slowly do away with "compounding of offences" by Traffic SIs and above. Let the case go to the court. The accused can either plead guilty and pay the fine by MO or cheque, or can contest it in the court.