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Stopped By The Traffic Police? Here Are Your Rights and Things You Should Know

  By : , Noida- 63, India       27.11.2017         Phone:9205995294          Mail Now

Being stopped by the traffic police is something that has happened with all of us at some point or the other. If you get pulled over by the traffic police, do not panic. Here are some important rights one should know if pulled over:

  • It is mandatory for the traffic police to carry a challan book or a e-challan in order to levy fines upon you. If they do not have the challan, they cannot ask you to pay fine.

  • You must be calm and try to explain the situation to the officer, if you have made a mistake, just try to explain to the situation to the officer and he might even let you go.

  • If you are stopped by a police officer the first that is asked of you is to produce the documents of your vehicle and you driver’s license. It is mandatory for you to only ‘show’ these documents to the police officer. Handing it over is not a mandate as per the law. Section 130 of the Motor Vehicle Act

    categorically states that the driver of a motor vehicle in any public place shall on demand by any police officer in uniform produce his license for examination. As you can see the law only says, “produce” and not hand over.

  • You can face a fine for jumping a red light, improper parking, drunken driving, driving without a helmet, smoking inside the vehicle, over speeding, driving without a license, not displaying number plate, lack of valid insurance or pollution control certificate, driving an unregistered vehicle etc.

  •  If the police officer is above the rank of a sub-inspector, you can settle the offence by paying the requisite fine.

  • The police have the right to detain your vehicle if it is unregistered or if you are driving without a permit.

  • Under no circumstance should you succumb to the illegal demands of the police officer. Do not attempt to bribe the traffic police. Ask for their name and buckle number. In case an officer is not wearing a buckle, you have the right to ask for his identification card. If a police officer refuses to give you his id card, you have the right to refuse to give him your vehicle documents.

  • In case of seizure of driving license, the police need to furnish you with a valid receipt. Your license can be seized if, you jump the red light, overloading, drunken driving and using the mobile phone while driving.

  • The traffic police cannot tow your car as long as you are sitting inside the vehicle. You must vacate the vehicle before it is towed.

  • If you are detained by the police for an offence, then you must be produced in front of the magistrate for trail within 24 hours of the arrest.

In case of issuance of a prosecution slip or a challan, make sure the following particulars are present:

  • Name and address of the court where the offence will be trialled

  • Details of the offence committed

  • Date of trial

  • Vehicle details

  • Name and address of the offender

  • Name and signature of the challaning officer

  • Details of the documents retained

TAGS: stopped by traffic police,   rights against traffic police,   traffic police stopping you,   how to deal with traffic police,  

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