Following traffic rules is necessary for safety and proper functioning of transport systems. Violations of traffic rules may cause loss of property and life. It may also lead to disruptions of transport services.
Traffic police may issue challan to traffic rule violators. Challan can be issued for not carrying necessary documentation while driving. While driving in Bharat always carry following documents -
- Driving License (original)
- Vehicle Registration (copy)
- Proof of Insurance (copy)
- Pollution Control Certificate (original & applicable only in few states not nationwide)
Failure to carry above-mentioned documents is a Traffic Violation. If you violate traffic rules than Traffic Police may issue a challan. In certain situations e.g. illegal parking your vehicle might be impounded or clamped to prevent movement.
Amount of the fine may vary depending on the severity of the traffic law you violated. What to do when you get a challan from traffic police?
On receipt of challan, you have two options.
Pay Challan Fine
Traffic Police personnel may give you an option to pay the fine at the spot of violation or you may choose to pay it later in court. On payment of fine amount to Traffic Police personnel, don't forget to take the receipt.
If challan was received by post then pay it in the court as mentioned in the challan.
Always pay the fine before due date else it may lead to higher fine amount.
Dispute the Challan
If you think that you have not violated any traffic rules and challan has been issued by error. Then you can plead not guilty in court.
Provide necessary proofs and documents to prove innocence. Outcome will be decided by the judge. Honour the judgement and obey as advised.
Always treat traffic challans with care and dispose them as suggested.
Your rights on receiving the challan
You may get a challah on violating any of the traffic rule. Under the traffic law, you have certain rights that traffic police must abide by.
Who can issue Traffic Challan?
Traffic Police officer can issue challan, not the normal police personnel. Only the head constable or officers of higher post can issue challan.
A Head Constable can be identified by the 3 stripes of ‘V’ shape on the uniform’s arm. But, they can only issue a penalty of up to ₹ 100. But, he’s allowed to issue multiple penalties separately, if multiple violations have occurred.
For example, if you are driving a two wheeler without wearing helmet and jump the traffic signal then Head Constable is authorised to issue two separate challans for fine of ₹ 100 each.
A Head Constable can’t issue challan for traffic rule violations by commercial vehicles.
Can police take away RC and Driving License?
Traffic police office can ask for your vehicle related documents like Driving License, Registration Certificate (RC), proof of insurance etc. But they can't confiscate those documents unless you have violated a law where appearance in court is compulsory.
In Following circumstances you have to surrender the documents to Traffic Police office –
- You don’t enough money to pay off the penalty on the spot of violation. In this situation you must make the payment at court to get your documents back.
- If you want to challenge the challan in court. Then you can surrender any document and go to the designated court.
- Driving under influence of alcohol. Police can use breathe analyzer instrument to measure alcohol amount in blood though you can dispute it in court. Remember, Traffic Police will do video recording while using breathe analyzer.
- Driving such a vehicle that is unsafe to run.
- Driving a private vehicle without Registration or commercial vehicle without permit.
Remember: Traffic police can’t confiscate your documents without giving you a receipt of same.
Can police take vehicle keys?
As per the law, you are not bound to handover the vehicle keys to Traffic Police Office. Though in some circumstances, the traffic police can confiscate your vehicle with or without keys.
Few of the circumstances when your vehicle can be confiscated are mentioned below –
- Driving under influence of alcohol.
- Driving without Driving License or proper registration.
- A minor driving the vehicle.
- Driving a commercial vehicle in violation of conditions prescribed in the permit or driving without permit.
What are the requirements for police to issue a challan?
Traffic Police personnel must be dressed in white uniform with a name tag on it. They must have "Challan Book" or "E-Challan Device" without that they can't issue a challan.
Info about Law Violations & corresponding fines
The recent Motor Vehicle (Amendment) Bill 2019 has provisioned significant increase in fines for traffic violations. This article sheds more light on the changes in the Motor Vehicle Act. Detailed information about Traffic violations and the provisions for penalties (financial and imprisonment) is available in a press release here.