Traffic police
Querist :
Anonymous
(Querist) 29 August 2020
This query is : Resolved
Respected Experts,
yesterday I was stopped by a police officer, I have the full document of my bike with me but forgot to carry along, he fine me for that.
1. is there any provision in law where i can submit the document later,
2. if yes, then what should i do if this happens with me next time?
Guest
(Expert) 29 August 2020
You should have kept it with you while the checking is done. Better pay the Fine and be Careful in future.
Rajendra K Goyal
(Expert) 29 August 2020
You said:
1. is there any provision in law where i can submit the document later,
Reply:
If you have paid the fine, the matter is over. If not paid the fine, appear before the concerned magistrate, show the document, he may or may not consider to slap less or increased fine. You may have to take help of some lawyer if you are not well versed with the procedure. May have to go to court more than once.
You said:
2. if yes, then what should i do if this happens with me next time
Reply:
Carry necessary and valid documents while riding the vehicle.
Dr J C Vashista
(Expert) 30 August 2020
Mr./Ms. Anonymous,
Traffic police has rightly challaned you for not carrying documents of the vehicle driven by you, there is nothing illegal or invalid, s/he is well within law.
Dr J C Vashista
(Expert) 30 August 2020
Mr./ Ms. Anonymous,
If you have already compounded the offence (without protest) it can not be reconsidered by the Magistrate and modified/reverted.
However, if you have not accepted the challan / compounded the offence and raised objection/ protested and/ or sought to be contested you can produce documents before area Magistrate.
P. Venu
(Expert) 06 September 2020
Rule 139 of the Central Motor Vehicle reads as follows:
'The driver or a conductor of a motor vehicle shall produce certificates in
physical or electronic form certificate of registration, insurance, fitness and
permit, the driving licence, certificate for pollution under check and any other
relevant documents on demand by any police officer in uniform or any other
officer authorised by the State Government in this behalf, and if any or all of
the documents are not in his possession, he shall produce in person an extract
or extracts of the documents duly attested by any police officer or by any other
officer or send it to the officer who demanded the documents by registered
post within 15 days from the date of demand.'
As such, you had the option seeking 15 days time in producing the documents or copies thereof. However, having paid the fine, the issue is not worth pursuing any further.
In this context the following SOP issued by the Ministry Road Transport and Highways repays study:
Licence, Registration Certificate and other transport related
documents/ information presented in Electronic form thorough IT
or mobile app platform
Subject:
1. Introduction:
The Ministry of Road Transport & Highways has issued an amendment in Rule 139 of
the Central Motor Vehicles Rules vide its Notification bearing No. G.S.R. 1081(E) dated the 2nd November 2018, enabling production of requisite documents such as certificate of registration, insurance, fitness and permit, the driving licence, certificate for pollution under check and any other relevant documents in electronic form with a view to ease of living for the people. It has been considered necessary to prescribe a Standing Operating Procedure (SOP) for the same so as to ensure its seamless implementation.
2. Legal Provisions under the Motor Vehicles Act 1988 and the Information
Technology Act, 2000
(i) As per recent amendment dated 2nd Nov 2018 of Rule 139 of the CMVR, 1989 -
Production of licence and certificate of registration -
'The driver or a conductor of a motor vehicle shall produce certificates in
physical or electronic form certificate of registration, insurance, fitness and
permit, the driving licence, certificate for pollution under check and any other
relevant documents on demand by any police officer in uniform or any other
officer authorised by the State Government in this behalf, and if any or all of
the documents are not in his possession, he shall produce in person an extract
or extracts of the documents duly attested by any police officer or by any other
officer or send it to the officer who demanded the documents by registered
post within 15 days from the date of demand'.
(ii) As per section 4 of the IT Act 2000 i.e. Legal recognition of electronic records-
'Where any law provides that information or any other matter shall be in
writing or in the typewritten or printed form, then, notwithstanding anything
contained in such law, such requirement shall be deemed to have been satisfied
if such information or mater is - (a) rendered or made available in an electronic
form; and (b) accessible so as to be usable for a subsequent reference'.
(iii) Further, 'electronic form' has been defined in Section 2 (r) of the IT Act 2000 as:
"electronic form" with reference to information, means any information
generated, sent, received or stored in media, magnetic, optical, computer
memory, micro film, computer generated micro fiche or similar device.
3. Clarifications:
(i) As per the provisions of the Motor Vehicles Act 1988, and the Central Motor Vehicles Rules 1989, the owner/driver has to produce the documents to the authority on demand.
(ii) The data related to the insurance of new vehicles and renewal of insurance of
vehicles is being uploaded by the Insurance Information Board (liB) on the VAHAN
database on a daily basis now and the validity of the insurance is reflected on the
mParivahan/ eChallan app.
(iii) The mParivahan mobile app is being provided by this Ministry through NIC The
Driving Licence, Registration certificate, Fitness validity, Insurance validity, Permit
validity of the citizen are available on real time basis on this mobile app by entering
the Driving Licence Number in case of the Driving Licence details or the Registration
Number for Details pertaining to the vehicles.
(iv) mParivahan is available to each citizen and eChallan to only enforcement officers
from the Transport Department or the Police Department.
(
v) The DigiLocker platform of the Ministry of Electronics and Information Technology,
Government of India, has the facility to pull a citizen's Driving Licence or the
Certificate of Registration details from VAHAN and make it available in the
Digilocker App in an electronic form.
(
vi) These electronic records available on DigiLocker or mParivahan are deemed to be
legally recognised at par with the original documents as per the provisions of the
Information Technology Act, 2000.
(vii) If the online virtual copy of DLIRC (along with QR Code) or any other updated
validity status (like Insurance, Tax, Permit, PUCetc.) is not available on mParivahan
or DigiLocker app carried by the user, then the relevant paper documents will be
required to be carried.
4. Standard operating Procedure (SoP)for validating information or impounding
the document(s) in Electronic Form by the enforcement agencies:
4.1 Validation of documents produced in an Electronic form:
(i) The citizens can produce the documentsor other information either through the
Digilocker appor the mParivahanapp.
(ii) The citizen can download the Driving Licence or the Certificate of Registration
through these apps and store on their mobile devices.
(iii) The Citizen can also show particulars relating to the Driving Licence or the Vehicle through the mParivahan app on the mobile through the Internet Connectivity.
(iv) In eChallan app facility, two modes of log in credentials have been made available to the enforcement officers. The login authentication is decided by the concerned competent authority in the State Government! UT Administration.
(a) In one mode, only limited privilege of on-line verification of vehicle I license
status and also off-line verification of mParivahan QR Code are available.
Transport Enforcement! Traffic Police officer can use
normal android mobile apps for this purpose. This is irrespective of whether the state has implemented Vahanl Sarathi or not, provided the data from these states are
regularly updated in the National Register.
(b) In the other mode, the officer can carry out complete challaning operation
including tagging of the Driving Licence or the Certificate of Registration for
impounding or suspension.
(v) The Enforcement officer can enter the details of driving licence (DL) or the
Certificate of Registration (RC) in their eChallan or mParivahan application to
validate the information provided for the Driving Licence, Certificate of
Registration, Fitness, Insurance,Tax etc. This would be done on an online basis
using the Internet.
(vi) The Enforcement officer can scan the QR code of the documents produced through the Digilocker based app by scanning through the QR code scanner in the Digilocker app to verify the document. The QR code in Digilocker document is encrypted and can be validated only by Digilocker app. Internet connectivity is not required for scanning the QR code and validating the documents.
(vii) The Enforcement officer can scan the QR code of the documents produced through the mParivahan based app by scanning through the QR code scanner in the eChallan app to verify the document. The QR code in mParivahan base document is encrypted and can be validated only by eChallan app. This is an additional security feature provided by the Ministry of Road Transport and Highways. Internet connectivity is not required for scanning the QR code and validating the documents.
(viii) If the vehicle registration details on the mParivahanI eChallan app contain the date of the validity of the insurance policy, fitness, tax etc. which is in-force then the
requirement of a physical copy of the insurance certificate or other such document
is not required.
(ix) There would be no requirement of seizure I impounding of the documents in cases where there is no traffic related violation but validation of information can be
ensured through mParivahan or eChallan or Digilocker.
4.2 The process flow under the eChallan app for generating challan and further
action:
i) In cases
where there is an offence made
out necessitating seizure/ impounding of such documents in available electronic form, the States have been provided with the facility to make appropriate updation in VAHANI SARATHI database, on an on-line basis, against the Driving Licence or the Vehicle Registration details through eChallan system of this Ministry.
(ii) In caseswhere the States are usingany other database or web/mobile utility
of their own, then they need to update the VAHANI SARATHI database through
a weblink.
4.3 Generating Challans for violations:
The competent authority should have provided the authorisation in the eChallan
app for the facility to the concerned enforcement officer to make a challan.
(i) When an offence is made out against the citizen, the enforcement officer can create a challan using an on-line Point of Sale(PoS)or eCTVeChallan facility. An option to create a challan using the real-time database of VAHAN and SARATHI has been provided.
(ii) After creating a challan, offence history will get registered in the database in
VAHAN for the vehicle and SARATHI for the driver respectively.
(iii) All offence data is available in real time online basis and easily available to the
enforcement officers throughout the country.
(iv) Enhanced penalties for repeat violations is reflected and the action against the
violator can be initiated accordingly as the past offence history is available to the
enforcement officers through the database.
(v) Violator can pay the penalty or the compounding amount on-line and the citizens
need not worry for physical document collection. After the payment or
compounding, the caseis disposedand data reflected in the Database.
(vi) If a challan is pending or has not been disposed, then all transactions involving the vehicle i.e. NO eFitness, Tax etc. and for the Driving License i.e. the renewal,
address change etc. are not permitted and are reflected to the traffic enforcement
agencies across India.
(vii) The violators are required to compound and close pending casesas early as possible to start or avail services like tax payment, NOC,fitness etc.
4.4 Online recommendation for suspension
(i) The Driving Licence or the Certificate of Registration can be recommended for
suspension/ blocking by the competent enforcement officer.
(ii) This recommendation will be reflected in the home page of the competent officer
i.e. the Licensing Authority/ Regional Transport Authority page on real time basis
and based on law, further decision for suspension/ blocking can be taken.
(iii) This will reflect in all echallan app implemented across all States/ UTs enforcement officer's device in real time. Based on the information they can take suitable action as enshrined in Law.
5. Benefits of adopting eChallan:
(i) Enforcement agencies need not physically handle any document.
(ii) Office need not maintain any inventory or record.
(iii) No harassment for citizens to collect document after the payment of compounding
fees as the challan when disposed would automatically update the record in the
Database.
(iv) Real time offence status is available to the transport and traffic enforcement officers and to the citizens.
(v) Fast, transparent and accountable system.
