Team-BHP

Team-BHP (https://www.team-bhp.com/forum/)
-   The Indian Car Scene (https://www.team-bhp.com/forum/indian-car-scene/)
-   -   Let's know the law (Motor Vehicles Act) (https://www.team-bhp.com/forum/indian-car-scene/7985-lets-know-law-motor-vehicles-act-19.html)

n_naik 12th April 2017 10:49

Re: Let's know the law (Motor Vehicles Act)
 
Can anyone tell me what does the new amendment say about the following :
1) What is the fine amount for riding on the wrong side of the road ?
2) What is the fine amount for jumping the traffic signals ?

And finally, What does the amendment say about 'abolishing of permit raj' as promised by Arun Jaitley in the 2016 budget ?

sachinpk 12th April 2017 11:12

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

Originally Posted by n_naik (Post 4181166)
1) What is the fine amount for riding on the wrong side of the road ?

The amendment is very specific on this. Section 184 would be the applicable section here. The amendment reads;
In section 184 of the principal Act,—
(i) after the words "dangerous to the public", the words " or which causes a
sense of alarm or distress to the occupants of the vehicle, other road users, and
persons near roads," shall be inserted;
(ii) for the words "which may extend to six months or with fine which may extend to one thousand rupees", the words "which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both" shall be substituted;
(iii) for the words "which may extend to two thousand rupees", the words " of ten thousand rupees" shall be substituted;
(iv) the following Explanation shall be inserted, namely:—
"Explanation.— For the purpose of this section,—
(a) jumping a red light;
(b) violating a stop sign;
(c) use of handheld communications devices while driving;
(d) passing or overtaking other vehicles in a manner contrary to law;
(e) driving against the authorised flow of traffic; or
(f) driving in any manner that falls far below what would be expected
of a competent and careful driver and where it would be obvious to a
competent and careful driver that driving in that manner would be
dangerous.".
shall amount to driving in such manner which is dangerous to public.


Quote:

2) What is the fine amount for jumping the traffic signals ?
Sec 184 applies here as well.

PS: I had a .PDF file which has the entire list of amendments proposed. Trying to attach the same.

Victor-whiskey 29th October 2017 20:31

Re: Let's know the law (Motor Vehicles Act)
 
1 Attachment(s)
Hello
Can somebody please enlighten me on the reason why white lines are marked on the sides of the road and their relevance in respect of parking. Reason is that recently I have been given a challan for “wrongful parking leading to traffic obstruction “. When I came back and saw the challan, I spoke with the traffic policeman on duty and gave the relevance that my car is out of “white line” and is not obstructing the traffic, he told me that white line has no relevance in regard of parking and is just for marking the road. White line marking is faintly visible on the road.
Thanks please:
Attachment 1690784

sachinpk 30th October 2017 14:36

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

Originally Posted by Victor-whiskey (Post 4295808)
Can somebody please enlighten me on the reason why white lines are marked on the sides of the road and their relevance in respect of parking.

The police man was right :). The "white line on the road edge" is known as "Edge line". The information reads; Pavement edge lines are used to indicate the edges of carriageways which have no curbs. They serve as a visual guidance for the drivers, indicating to them the limits up to which the driver can safely venture .

The parking area is generally clearly designated through notifications (in cities by the Commissioner of Police, in other areas by the civil authorities).

Victor-whiskey 31st October 2017 07:48

Re: Let's know the law (Motor Vehicles Act)
 
So sir it means that my vehicle was actually restricting normal traffic movements

manish_symc 31st October 2017 08:50

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

Originally Posted by Victor-whiskey (Post 4295808)
Hello
Can somebody please enlighten me on the reason why white lines are marked on the sides of the road and their relevance in respect of parking. Reason is that recently I have been given a challan for “wrongful parking leading to traffic obstruction “.
Thanks please:

Generally, cars should be parked in parallel on the roads so that they does not obstruct road traffic when you park in/out your car.
We have similar rule here in Pune.

sachinpk 31st October 2017 12:16

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

Originally Posted by Victor-whiskey (Post 4296667)
So sir it means that my vehicle was actually restricting normal traffic movements

Do you remember what Section & Act they quoted in the charge sheet/fine receipt? Generally parking violations are charged using the relevant sections in MV Act. But in cities like Bangalore no body was bothered with the paltry sum levied as fine. So the police brought an unknown section of Indian penal code (IPC) into place. That is Sec 283 IPC which reads - "Danger or obstruction in public way or line of navigation — Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to two hundred rupees."

The fine amount is still paltry, but a court appearance may be required :).

lawdgawd 14th November 2017 10:54

Re: Let's know the law (Motor Vehicles Act)
 
What is the law in instances such as this one?

http://www.hindustantimes.com/mumbai...HRIuLStPN.html

So far, we know the woman entered the car later, and then got the baby inside. All to force the cop to not tow the car. That may be an illegal act.

But if someone does that, then does the law allow the cop/ tow truck to drive away with the person inside the car?

Or does the law explicity forbid it, and the only option for the cop / tow truck company is to arrest the passenger for obstruction of a public servant or some such count?

drarora 28th November 2017 19:07

Re: Let's know the law (Motor Vehicles Act)
 
1 Attachment(s)
Hey Everyone,
Can anyone please guide me on the rules for using a luggage carrier on my private light motor vehicle. Have been fined twice in delhi and once in Rajasthan for the same.
I had filed n RTI regarding the same to the Transport Ministry, Govt Of Inida. The reply i got is in the attachment.
So im still not clear regarding the same, Have filed an RTI with the Delhi state transport Department too. Waiting for their reply
Thank You.

sachinpk 29th November 2017 14:32

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

Originally Posted by darora
Can anyone please guide me on the rules for using a luggage carrier on my private light motor vehicle. Have been fined twice in delhi and once in Rajasthan for the same

Disclaimer: I am not a lawyer.
That being said, the CMV Rules are available at the URL - http://morth.nic.in/index2.asp?slid=...nkid=58&lang=1 . I did a cursory checks on the rules.
Rule #29 is about Project of loads. This rule forbids a user of the motor vehicle to load up the vehicle beyond permissible limits. Apart from that I could not find any thing specific in CMVR (which forbids private vehicles from having a luggage carrier).

Please note that states can also have their own state level Motor Vehicle rules. These rules would be applicable in that state, along with CMVR. For eg: Gujrat State Motor Vehicle Rules. Rule 117 of this state rules say that private vehicles shall NOT carry 25kgs of personal luggage/per passenger. Rule 53 deals with the "Alteration of the vehicle". Rule 199 deals with "Prohibition of carrying dangerous projections".

My suggestion would be to file another RTI application clearly asking for the Rule # in CMVR or State MVR which forbids the usage of overhead luggage rack and the association Sections of the Motor Vehicle Act as well. Generally MV Rules states what is okay and what is not okay, with MV Act having provisions to deal with the "not okay" conditions (i.e fines & jail terms etc.).

KiloAlpha 4th December 2017 10:22

Re: Let's know the law (Motor Vehicles Act)
 
Cross-posting from another thread: http://www.team-bhp.com/forum/indian...bai-roads.html

Could someone knowledgeable about the law please highlight the relevant sections in both Central and Maharashtra MV acts/rules that deal with abandoned vehicles?

Majumdarda 6th January 2018 22:44

Re: Let's know the law (Motor Vehicles Act)
 
Many a time I have observed Pune RTO officials to stop cars which bear registration plates from other states. It has probably got something to do with paying road tax etc (not too sure)

But what about someone who would be travelling for a short period and back (say one month)

For Example, I would be travelling to another state in my car and will be back in Pune within 15 days.

Please advise if there is rule or section which I need to abide/inform so that I am not bothered by traffic constables citing irrelevant sections etc.

I have checked with the local traffic cops here and they advised me to preserve all the fuel bills. This did not sound logical to me.


P.S. :- Let me know if this is not the relevant thread to post this query and guide me accordingly.

sharninder 6th January 2018 23:20

Quote:

Originally Posted by Majumdarda (Post 4334441)
I have checked with the local traffic cops here and they advised me to preserve all the fuel bills. This did not sound logical to me.


This is sound advise I think. As far as I know, the rules state one can drive in another state for 30 days without paying road taxes. If caught, one would need some proof, fuel bills from home state or toll bills might just work.

hrman 7th January 2018 08:57

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

Originally Posted by Majumdarda (Post 4334441)
Many a time I have observed Pune RTO officials to stop cars which bear registration plates from other states. It has probably got something to do with paying road tax etc (not too sure)

But what about someone who would be travelling for a short period and back (say one month)

For Example, I would be travelling to another state in my car and will be back in Pune within 15 days.
y.

Along with toll receipts, fuel bills (from home state) please also preserve the PUC certificate from the home state. This will show your vehicle was at the home state as on the PUC test date.

sachinpk 15th January 2018 15:37

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

Originally Posted by Majumdarda
Many a time I have observed Pune RTO officials to stop cars which bear registration plates from other states. It has probably got something to do with paying road tax etc (not too sure)

Oh.. you are facing one of the most common problems which any Indian with a vehicle would be facing. Every vehicle on the road needs to pay a road tax. The state in which the vehicle gets registered, generally collects this as a life time tax; and ONLY THEN allow your vehicle to get registered. Now what if this vehicle gets moved to another state (because the owner got a new job there)? Each state collects road tax, with a quid-pro-quo that the tax collected would be used to maintain the roads in the state. So when a vehicle from outside the state comes in, and the current state does not get any additional revenue, even when the vehicle is plying on the state roads for a long time.

The Road Tax (and collection of it) is not based on any provisions of the Motor Vehicle Act. The states have the right to decide the taxation rates, and ways and means of collecting such taxes. The states then have their own Acts/Laws which lists out the rules regarding Taxation. Here is a one (quite controversial) from the state of Karnataka - THE KARNATAKA MOTOR VEHICLES TAXATION ACT, 1957. Refer to Section 3 (and the Explanation - Explanation-2.- In respect of motor vehicles registered outside the State of Karnataka and which are in the State for a period exceeding thirty days, notwithstanding anything contained in the provisions of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), and in any order or direction contained in any judgment or order of any Court, tax shall be levied as specified in Parts A1, A2, A4, A5, A6, A7 and A8 as the case may be).

Note the underlined part on the time lines. So what many road users to do is to keep some document to prove that the vehicle has not been inside the state for more than 30 days. PUC certificates, fuel bills, toll receipts are all used to save one's own skin.


All times are GMT +5.5. The time now is 09:53.