There has been a stir in the entire country after the implementation of the new Motor Vehicle Act, which comes with huge amounts of fines and penalties for traffic violations.
It is important to impose strict restrictions in a country like India, where most people are known to be habitual violators of traffic rules. As such, there is no denying that those found guilty of drunken driving, dangerous driving, etc. need to be punished. However, a lot of harassment is being faced by the common people because of unawareness of the actual rules and the police and authorities are reaping benefits of this ignorance to gain revenue from the common people.
In states where the new Motor Vehicle Act has been implemented, there are reports that if Driving License, Vehicle Registration Certificate (RC), third party Insurance documents, Pollution Under Control Certificate (PUC) and permit, certificate is not available while driving, the traffic police are immediately issuing the Challan and penalizing the driver. However, hardly people are aware that Rule 139 of the Central Motor Vehicle Rules has provided 15 days of time limit to the driver to present the necessary documents such as Driving License, Vehicle Registration Certificate (RC), third party Insurance documents, Pollution Under Control Certificate and permit certificate if asked for. If the driver does not have these documents on the spot, but if he or she claims to be able to show the relevant documents within 15 days, then the traffic police or RTO officials should not deduct the Challan of the vehicle.
At the same time, under Section 158 of the New Motor Vehicle Act 2019, 7 days of time has been given to show these documents in case of an accident or any special cases. According to the new act, in case of non-availability of driving license, vehicle registration certificate (RC), third party Insurance documents, Pollution Under Control Certificate, and permit, if the traffic police issue the challenge and do not give 15 days time to the driver to present those documents, then the driver has the option to dismiss this Challan in the court.
It is to be noted that the challenge issued by traffic police is not a court order. The driver can challenge, the challenge issued by traffic police in the court as if the court realizes that the driver had all the necessary documents, but he had not been given 15 days to present the documents then the court can waive his fine.
Unfortunately, the general people are not aware of such aspects of the new law. The authorities such as the traffic police seem to be more interested in collecting fines and money and less interested in the utilization of the law correctly. The entire country already witnessed several bitter incidents following the harassments slapped by the extreme high penalty for a lesser traffic rule violation.
In a situation where the economy is in a bad shape, one is wondering if this law with hefty fines is done to collect higher revenue to the state in the name of fines and charges, some of which may be petty in nature. In fact, the number of fines collected by traffic control is expected to be in several thousands of crores of funds.