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M Singh (Asst. Manager)     16 May 2013

Penalty for violation of one way restriction u/s 115/194.

Dear Sir / Maám,

I am staying in Kolkata, last week when I was riding my bike I was stopped by traffic sergeant for violation of one way restriction u/s 115/194. He handed over a Challan mentioning that I will have to appear before the court within 15 days to get my Registration Certificate and Insurance Certificate back which was seized by him. However, Challan doesn't include how much penalty is imposed over me.

When I went to the specified court the clerk at the desk told me that document will be returned only if I come though advocate. Some people there told me that penalty will be around Rs. 150.00 and some told it will be around Rs. 2000.00. I can't understand when I was ready to pay spot fine then what was the reason for creating so much complication for me.

I would like to add that i) there were no indications that entry is restricted  ii) no police guards were there to aware the people that the area is under one way restriction. I felt that I was unnecessarily imposed heavy penalty and it seems like that Traffic Police was there just to harass people rather than helping them.

Please suggest how I can get my Registration Certificate and Insurance Certificate back and how much penalty I will have to pay for violation of one way restriction u/s 115/194.

Thanks in advance.



 5 Replies

Tajobsindia (Senior Partner )     16 May 2013

1. If you were driving motorcycle on 'specified road' then S. 115 r/w S. 194 MV Act does apply as it concerns "violation of restriction of time on HTVs on specified roads / areas' related offence.
 

2. However if S. 115 r/w S. 194 MV Act applied then the maximum fine is Rs. 2000/- only
 

3. A party charged of offence can either appear in Court with a pleader OR in-person. 
 

[HTVs stands for habitual traffic violators]

M Singh (Asst. Manager)     16 May 2013

Thank you Sir for your prompt response. Penalty of Rs. 2000.00 (max) is applicable for any individual state or is it same for all the states. Will I have to pay Rs 2000.00 (maximum amount) or will it be lesser in my case? Please give your valuable advice.

Thanks.

M Singh (Asst. Manager)     22 May 2013

Dear Sir,

I went court atleast 3-4 times but every time I was told that my document had not been forwarded by traffic police to court. My concern in that if I could not collect my documents within due date mentioned by traffic seargent i.e. two weeks then what action I can take. What will be happen to the clause  of "violation of one way restriction u/s 115/194" that is imposed over me. Will it be converted to a different clause legally. Now I don't feel there is anything wrong at my end I had already gone court many times to pay the penalty but everytime I was told document had not been received at court.

Please suggest me.

Need your help urgently.

Kenneth (Tech support)     03 June 2013

Hi My name is Kenneth and I am new to Kolkata, I also got caught with the same offense, which is pretty ridiculous for a two wheeler to actually be charged 2000 rs for one way, but the question is, is 115/194 mva applicable for a two wheeler or is it for Commercial vehicles only.

 

Regards

Kenneth

GOUTAM SINGHA   14 July 2021

Respected Sir , 

On 12july 2021 at Parkstreet route in 6p.m-7p.m approximately - My left hand broken, so normally handicapped situation but I am just money handover to parking person and just start my Scutty and right turn but when I am seen the 1way route , I am walking with Scutty but Sr Surjeen officer Mr Rajeshar Roy capture me and my Scutty and forcefully taken my Scutty key. I am humble request to him many times that I am not comfortable for turn on that way as reason of hand is handicapped but when I am seen that I am walking with that way, even I am requesting him , today is my daughter birthday , so please marcy but Sr Sarjeen Officer Harazjment to me and my wife. And under saction 115 and 194 case against to Scutty and my Scutty smart card capture.

So , my humble request to honarable officer incharge and authority person. Seen the situation 1st then take action against it.

That officer play with laws. So request to take right action against to him 🙏

Regards

Goutam Singha

9830250062


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