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Old 19th April 2018, 07:02   #286
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Default Re: Let's know the law (Motor Vehicles Act)

Mods I could not find a separate thread for this post. Please merge it in appropriate thread if it exist.

What are the exact responsibilities or obligations of Traffic police in case of damage to an owners vehicle during towing?

Dehradun Police is generally active during peak traffic hours to control traffic. They generally place the traffic challan under the wiper blade and proceed ahead. But today I saw another debauncle. Today morning while I was returning to home after having breakfast with my wife, I saw a police towing vehicle based on TATA 207 towing a Honda City. The reason it caught my attention was that the handbrakes on NHC were still applied and the tyres were making a lot of screeching noise. Now we all know tyres don't come cheap. The NHC was towed in the similar fashion for about 6 kms and the rear tyres were locked and making the screeching noise throughout. I want to know what obligation police has to the owner if the vehicle for any damages during such acts by the police. And if yes, police do have some obligation, then how do we demand the charges against such damages?
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Old 19th April 2018, 16:56   #287
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Originally Posted by Victor-whiskey
What are the exact responsibilities or obligations of Traffic police in case of damage to an owners vehicle during towing?
From what I can understand from multiple sources, there is NO responsibilty or obligation on the Traffic Police. The reason being the vehicle was parked violating the existing traffic law, which triggered the next chain of events (i.e towing). The only option perhaps would be to i) prove that the police wrongfully towed the vehicle ii) once it is proved that the police did an incorrect thing, then press for damages incurred to the vehicle.

Section 127 of MV Act gives the powers to the police officers to tow vehicles. Sub-section 127(3) is also clear on - "Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.". Nothing mentioned on vehicle damages at all.

Section 15 of The Rules of Road Regulations, 1989 lists out the situations in which a vehicle can be towed away.

I found another blog which mentions about towing especially under the Municipal Corp. of Delhi (MCD) territory.
Compensation for damages occurred in the course of towing the vehicle
There is no as such provision for compensation if any damage occurred to the vehicle in the course of towing it. When vehicles are towed it is because the person has broken the law.


There has been a change in the speed limits set on various roads of India.
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION

Last edited by aah78 : 5th June 2018 at 18:06. Reason: Posts merged.
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Old 20th April 2018, 11:42   #288
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Default Re: Let's know the law (Motor Vehicles Act)

So sir it implies that if any damages are there, will the insurance company honour the claims? Since the damages would have been incurred due to negligence on account of the owner due to wrongful parking.
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Old 4th May 2018, 14:10   #289
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So sir it implies that if any damages are there, will the insurance company honour the claims? Since the damages would have been incurred due to negligence on account of the owner due to wrongful parking.
Insurance company may refuse to honour the claims, because they can claim that the vehicle was used for an unlawful activity/purpose (which led to it being towed away/detained by the police).
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Old 15th May 2018, 10:56   #290
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Default Re: Let's know the law (Motor Vehicles Act)

Hi,

Reviving an old topic again. Yesterday I was caught by a cop in Delhi saying that luggage carrier is not allowed on private vehicles and he asked me to get it removed at the earliest.

I think this is also related to the present issue of the bull-bar ban which was stayed by Delhi High Court.

Is there any update on the above or does anyone have any idea? Should I get it removed or fight it out the next time a cop stops me?

Would be grateful for any response.
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Old 23rd September 2018, 09:00   #291
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Default Re: Let's know the law (Motor Vehicles Act)

Hey Guys,

I got challaned for over speeding in Delhi.
I was driving at 66kmph as it was a national highway and I assumed the speed to be 70. But it turned out to be 50.

Now, the challan was for Rs. 400 but they have suspended my license for 90 days. And I need to collect the license from the police station after 90days.

I have been issued a license suspension letter which states that I can drive around using that letter.

So what exactly does this suspension mean? What are the restrictions on my license? What if I am caught again for overspeeding?
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Old 9th January 2019, 19:03   #292
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Default Re: Let's know the law (Motor Vehicles Act)

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In a significant decision rendered today, the Supreme Court of India has held that no vehicle can be altered in a manner where particulars in the certificate of registration are at variance with those “originally specified by the manufacturer”.
This might have huge implications and might curb things including engine remapping and all. Everybody will have to stick to the standards prescribed by the manufacturer. The judgment can be read here.
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