confusion on Motor vehicles act law
i m faced with some problem in regards with the rules of motor vehicles act.
i have my car covered with dark tints which i got it done before the summer so the car does not heat up much and all these months i was saved from being caught. i know that what i have done must have been wrong in the rule book of the law but what i want to know is what is the amount of fine to be paid when i get caught and can they confiscate the license even if hte offender is willing to pay the fine ????
here is what happened:
i had sent my driver to goregaon/malad with some official work along with my engineer. when he was taking a left turn from the signal the cop stopped him and asked him to show him his license, my driver asked him what was his fault but without giving any reason he just asked him to produce the license. my driver gave him the license and hten the cops says that the tinted glasses are not allowed and that is the offence. my driver and the engineer also asked him to take the fine and release the license but instead he just cut a challan in my dirver's name and confiscated the license. now the challan states that the driver has to appear in the court on 24-10-2005.
i was sure about the fact that the license cannot be confiscated until and unless the driver is not ready to pay the fine. but here my driver even though was ready to pay the fine he was not given a chance and his license was taken away . i m attaching the copy of challan for everybody to see and i m strongly thinking of taking some action on this as the fine for "excessively dark windows" is Rs 100/- under section 177MVA.
the help i need from you guys is how should i go about it. my driver has today gone to the goregaon police chowky near aarey milk colony to see whether he can get the license back by paying the fine or he needs to attend the court.
will post the progress but till then your suggestions would be welcome. i m sure not many would agree with me to take up this case and fight but i have ended up feeling frustrated as they never stop so called VIP vehicles who have darker glasses. though my fight is going to be why take away the license when the offender is ready to pay the fine. so much for a person to waste his day and travel all the way to goregaon or borivili all the way from ghatkopar where my driver stays.
Actually only an SI (or above, in designation) with a receipt book can issue a receipt and therefore release the license. A seedha-saadha maama cannot do that. That being said, if you declare at the back of the challan that you have paid the fine (write the stuff out and sign) that you have paid the money, then they have to release the license.
but then why did he not take my driver to the chowky and take the fine and release the license ? why did he cut out a challan like this and confiscate the license.
Whether this guy was unaware of this fact or whether he was a sadist I do not know.
*That leaves us with the little problem of whether the money will actally be deposited with the police. But that is a discussion for another time.
The driver will get back the license from the chowky itself. thats an excuse as typeO pointed out.
are u sure that the cop just took the license and said hes going to confiscate it ...or he waited for sometime for your driver to give him some money....???
i really want to know...
confisticating the license seems to be a unusual case here when you are agreeing to pay the amt for the fine . usually all the cops are just ready to accept bribes everytime
apparently, only an officer at the rank of an inspector can ask you for a license ... and if one is prepared to pay the fine, then there is no reason why the license has to be confiscated.
What probably happened is the havaldar is not authorised to collect fines but only issue Temp License. Most havaldars do that and as you rightfully pointed out is irritating when you are prepared to pay the fine.
Someone should do something about this rule. Happened to me as well on the WE highway enroute to the airport for lane cutting at traffic light. I stood my ground and refused to part with my license. I insisted he call and officer as I was not willing to travel back to Andheri from town to collect my license. I waited for 30 min and was eventually let off by the officer after I argued my point.
I guess everyone aint that lucky.
Hey I got this same Challan for jumping a Signal. Its nothing.. you gotto go to the Traffic Chowky to give the challan and pay the fine which will get the driver his license back.
PS: I was caught at a faulty signal which was not ON at all. Sad!
Probably, the policewala is right as per section 206 of the motor vehicles act.
See the links:
1) Point No.5 at http://www.chandigarhtrafficpolice.o...s_officers.php
2) Section 206 at http://bcp.gov.in/trafficpolice/traf...rovisions.html
If you read the section carefully, it does not mandate to seize the driving licence, instead leave the decision to the officer. But the police always keep the license and forward to the court since its the easier way to make the offender pay the fine rather than issuing summons.
I believe dark sun film can be fined only under section 206 (Not sure though) because of which the police are not supposed to collect fines on the spot..
On the contrary, here is a story of an advocate who won in the court against the traffic police on section-206:
So, unless you want to contend, easy way is to pay the fine and get the license back...
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