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Posted by on 23 June 2009

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If you are getting caught quite often by Bangalore's traffic police, then this will be the article you cannot miss out on. From now onwards, the Traffic Police cannot catch a motorist just to examine the driving licence or vehicle documents. He can catch you only if you have violated any traffic laws or if you are driving drunk.

Remember that when caught for traffic violation, the fine you pay must be limited to the violation. In other words, the police can't bloat the bill saying that you have no insurance cover or emission certificate, etc.

Many motorists do not know this. According to the State's Road Transportation Act, no policeman can slap a penalty on you just because you have no insurance or emission certificate. If you have not purchased insurance cover for your vehicle, then the police officer must issue a notice, not impose penalty. You must be given 15 days' time to purchase insurance cover and one week for obtaining the emission certificate. Days later, meet the sub-inspector at his station with the insurance cover or emission certificate, so that he will annul the charge at once. Police can fine you only if you fail to produce these documents within the stipulated period. If your vehicle is brand new, then you need not bother about obtaining the emission certificate for one full year.

In response to a question as to why policemen fine people instantly without giving them time to obtain insurance cover or emission certificate, Additional Commissioner for Traffic Praveen Sood said, "Yes, it is a mistake. People must force policemen to issue notice or complain to me at least the following day. I have suspended the Indiranagar sub-inspector for catching people for silly reasons," he said.
The best way to teach the police a lesson is filing a written complaint with their higher officials and, a week later, using the Right to Information Act (RTI) to know the action taken against them.
Remember, any question or application filed under RTI cannot be ignored and no official is bold enough to ignore the RTI Act.

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Comments (3)

cosmicbomber wrote on 24 June, 2009

Good article, wish there is also similar laws for Calcutta!

derebail2009 wrote on 28 June, 2009

Very good info i did not know, now i can challenge the cops, in case of pollution certificate and insurance, maybe other offense too have an escape route, but violating traffic signals, overspeeding etc can be penalised and even in case of drinks there is a prescribed limit 30 ml or so

cosmicbomber wrote on 28 June, 2009

The drunken driving is again a very immature law in India and needs urgent amendment, there should be an allowance (say 2 drinks is the world standard) and it should be measured by a breath analyzer and not by subjective smell perception of the cop! I cannot afford a driver to enjoy a drink after a hard day's work.

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