good motoring
Facts every motorist should know 
H. Kishie Singh

Santa (not Claus) who is a Delhi resident was going to Kasauli where he has a house. He was in a Toyota Innova, just one occupant, the driver and a boot full of household items. No roof rack.

The police stopped him, the charges were “overloading” and the fine to pay on the spot was Rs 5,000. An excellent example of police high-handedness and extortion.

The Toyota Innova is a seven-seater SUV and designed to carry people and loads. If any one should know this, it is the police. The Toyota Innova is one of the most-preferred taxis on the road and they all have roof racks.

They don't pay an “overloading tax”. This was a brazen attempt to extort money and line their own pockets. There is no provision in the Motor Vehicles Act to fine a driver for overloading a car. A roof rack may be objectionable. Certainly not a Toyota Innova with one occupant with his personal belongings.




The traffic police can stop a driver only for a traffic violation and not to check the documents

All drivers should law savvy

The Traffic Police cannot stop a motorist just to examine the vehicle documents e.g. driving license, insurance papers, pollution certificate, registration certificate (R.C.) or number plate.

They can stop you only if you have violated any traffic laws or if you are driving drunk. Remember that when caught for a traffic violation, the fine you pay must be limited to the violation. In other words, the police cannot bloat the bill saying that you have no insurance cover, pollution certificate or driving license or any other excuse.

Many motorists do not know this. According to the law, no policeman can slap a penalty on you just because you have no insurance or pollution certificate. If you have not purchased insurance cover for your vehicle, then the police officer must issue a notice, not impose a penalty. You must be given 15 days’ time to purchase insurance cover and one week for obtaining the pollution certificate.

When documents are complete, you should meet the sub-inspector at his station with the insurance cover or pollution 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 pollution certificate for six months. Form 22 from the manufacturer is the equivalent to a pollution certificate.

Policemen fine people instantly without giving them time to obtain insurance cover or pollution certificate. This is wrong. People must insist that policemen issue notice and not a challan immediately.

The best way to object is by filling a written complaint with the higher police officials and, a week later, using the Right to Information Act (RTI) to know the action taken. Remember, any question or application filed under the RTI cannot be ignored and no official is bold enough to ignore the RTI Act.

Happy motoring !

HOME