Abhimanyu Bind (Account & Audit Assistant) 30 January 2016

Documents to be carried while driving vehicle

I've following question on Motor Vehicle Act,

Is it mandatory to carry orignial RC book of 2 wheeler while moving on with it? I reffered MVA but could not find such mandate?

I carried original licence and images of RC Book in cell phone but still fined first time in 5 years.

Policeman charged me under section 119 which is for breaking traffic rule - which I never did and when I asked for clearification on this section, policeman threaten me to forfiet my vehicle if I try to question them!

Further, I charged under 130 which is for not carrying docs.

I paid fine silently but asked question for section 119 and misbehaved by Kutch Traffic Police.

Further,

I also have doubt,

Carrying document is neccessary to prove your ownership on vehicle,

I shown my vehicle service book and digital images of RC Book but received reply that I should carry original RC book with me means I should carry!

Police is for our saftey and to make us follow the rules but somehow they are harassing by misusing their power!

Is there any way we can challange manual challan?

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3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 30 January 2016

original copies of the documents are acceptable and valid

K.(P).Sree Devi (Sr. Lawyer) 30 January 2016

Yes It is MANDATORY to have a Driving License, RC Book of the vehicle which is being driven etc., These documents are valid through out India. But no where under Law it is provided that they should always be carried. As per law possessing these certificates like DL and RC Book would be suffice, So even if you show him that you do have valid Driving License and RCBook that means even by way of Xerox copy or by way of soft copy (photo copy from Cell phone) is nothing wrong.

If you feel degraded by imposition of fine You can certainly take action against such person / personnel / official who caused inconvenience to you. In 2008 Patna High Court gave a decision in a similar case but of different facts but opined as a part of that decision that "carrying of originals is not mandatory"

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Abhimanyu Bind (Account & Audit Assistant) 31 January 2016

Thank you for your valueble comments experts, it was not the matter of fine only, actually after payment of fine when I asked the questions about the sections mentioned on Challan Copy,

they threatened me to forfiet my bike and tried to snatch the key from my hand, when I did not give, one of the guy who was not in uniform (latter I came to know he was trainee) broke the pipe of bike so I cannot go from there for any reason.

It happened because I asked questions for imposing fine under section

119 - They couldn't give explaination which rule I broke, they said we impose this section on everyone in normal cause to whom we fine for any other reason

130 (11) - I tried to refer these section and surprisingly section 130 is there up to 5 sub section but I could not find 130 (11) anywhere.

I carried the following docs with me,

1) Original licence

2) Good quality Photos of all pages of RC Book in Cell phone

3) Vechile Service AMC Book