Friday, June 23, 2017

Motor Vehicle Act in India & The must know rights of citizens

India is a country with the second largest road networks and accounts for 10% of worldwide road fatalities. Traffic regulation laws are provided under the Motor Vehicles Act, 1988. This act passed by the Parliament of India which came into force from July 1, 1989. This act is applicable to whole of India.

Road safety belongs to the state. The regulation of the Motor Vehicles Act, 1988 is under the transport Department and the transport department is one of the largest revenue earning departments. The previously mentioned Act provides in detail the legislative provisions regarding the licensing of drivers/conductors, control of motor vehicles through permits, registration of motor vehicles, traffic regulation, insurance, liability, offences and penalties, special provisions relating to state transport undertakings, etc. The Government of India made the Central Motor Vehicles Rules 1989 for exercising the legislative provisions of the Act. In addition, there are Rules of Road Regulations, 1989. The aforesaid Transport Department works with two of the concerned authorities, under Section 68 of the Motor Vehicles Act, 1988.

Law relating to Registration of Vehicle:-

  • Mandatory Registration: Under the motor vehicle act 1988, section 39, it forbids driving of any motor vehicle or any vehicle, which is not registered or no owner of the vehicle should permit driving of an unregistered vehicle in a public place which is not registered under the provision of the MV Act.
  • Jurisdiction for Application: Registration of the vehicle is done by the concerned authority on the basis of place with which the vehicle normally kept.
  • Application for Jointly owned Vehicle: Registration of vehicle can be applied by one of the owners. If the vehicle kept in one state and it kept in another state for more than 12 months, then the owner of such vehicle has to proceed towards the registration authority for assignment of a new registration mark within whose jurisdiction the vehicle is.
  • Change of Address: In the case of a change of address, the owner of the vehicle is needed to advance towards the authority within 30 days in whose jurisdiction he has shifted for recording the change of address.

Law relating to Driving License:-

·         Effective Driving License: According to Section 3 of the Central Motor Vehicle Act, 1988, nobody can drive at any public place until he holds an effective driving license issued to him authorizing him to drive the vehicle.
·         Age Limit for obtaining the driving license: 18 is the age limit for getting a driving licence. A person under age of 18 years is not supposed to get his driving licence. But a motor vehicle of engine capacity not exceeding 50cc can be driven under the age of 16 years. A person under age of 20 years shall not drive a transport vehicle.  
·         Learner’s License: The Learner’s license means a license provide by a competent authority to drive as a learner or a motor vehicle stated under a special class or description. The validity period of the learner’s license is 6 months. Learner’s license for heavy vehicle cannot be given unless he drives a light motor vehicle for past one year.
·         Power to Revoke License: In the case of a medically unfit person, licensing authority has power to revoke the license. The licensing authorities automatically do the suspension of the license of a person who has caused death or grievous hurt of one or more persons. The person should not suffer from any disability. The Registering authority has power to cancel the registration of the vehicle that is lost, destroyed or has been permanently rendered incapable for use. If the engine number or chassis number differs from RC, then also registering authority can cancel the registration.
·         Conditions under which Licensing Authority can revoke a License :
o   A person under the age of 18 years who has been granted the learner’s license is at present not under the care of such guardian.
o   Any fraud or misrepresentation in obtaining the DL
o   Driving to cause danger to public on the basis of previous conduct
o   Drunkard
o   Addicted to Narcotic Drugs and Psychotropic substances
o   Has used or is using a motor vehicle in the commissioning of offence

  • Duty to Produce License and Certificate of Registration: The driver of any motor vehicle has a duty to produce licence and certificate of registration for examination by authorities in uniform. The person also has the duty to stop the vehicle if it involved in any accident.

Other rules all should be aware about:-

  • Keep left on two-lane road.
  • Slow down at pedestrian crossings.
  • Wear helmet foe two wheeler drivers.
  • Do not park at or near to any road crossing and parking prohibited areas.
  • The registration mark on the vehicle should be visible, legible and clear all the times.   
  • Do not cross the yellow line even while you are overtaking that divide the road.
  • Do not cross the stop line.
  • Use the horn when it is necessary and does not use at any silence zone area.
  •  Divers of tractors and any goods vehicle are not allowed to carry passengers.

What all documents need to carry on vehicle while driving:-

·         Driving licence
·         Certificate of registration
·         Certificate of insurance
·         Emission test certificate
·         In case of transport vehicle: certificates of fitness and all necessary permits


Does the traffic police in India have right to take vehicle keys?

            No, it doesn’t mentioned anywhere in law that the police can pull the key of vehicles.
·         The vehicle shall be stopped cleaning only on the basis of a visible traffic offence.
·         The officer shall walk near to the vehicle and explain the reason for his vehicle has been stopped.
·         The officer can make demand for producing driving licence and other documents in a polite manner. It is the duty of the driver to keep driving licence and other documents with him while driving and produce to officer in uniform when ask for to do so. In case of failure to produce the driving licence, insurance, the registration certificate etc. the driver shall be challenged under the assumption that the said document does not exist.
·         If the driver tries to influence or frighten the officer in any manner for avoiding challenging, he can • record the same on the reverse of the original Challan form and inform the Control Room where an entry shall be made in the log book.
·         If the driver uses abusive language and uses or threatens to use physical violence, the officer can take legal action against him.

But in conclusion, if you are trying to run away, then the officer can pull out your vehicle key as primary action.

There’s a lot of misunderstandings regarding the power of traffic police. If you are a driver of two wheeler or four wheeler vehicle, you can be stopped by traffic police while you might not know what to do about it.

Connect with Licit to know more about traffic rules and your rights. For online legal consultation from the best lawyers regarding your traffic rights visit the biggest online legal solution www.licit.ooo or can download the app  https://goo.gl/L8GeYk

  

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