After the implementation of the new Motor Vehicles Act, there has been a debate on the right of people along with chaos in the city over the challan and its fines. There are many such rights, which the common people do not know and in the absence of information, they are doing as the police have said. The fact is that there are many sections under the Motor Vehicles Act, in which the police have no right to recover the fine. Neither has the right to invoice. Not only this, the police are recovering the penalty according to the penalty fixed on each challan, while the police should wait for the time-limit.
Such as vehicle registration certificate, fitness certificate, insurance, driving license, pollution investigation proof, etc. If the police invoice you, then they have no right to recover the fine. Giving information, ARTO (Administration) Arvind Pandey said that according to the instruction, police should send all challans to the office of the Transport Department. Even if the police cut the challan, according to the rules, the vehicle owner should be given seven days to present the pollution certificate and fifteen days for other papers. If the papers are presented during this period, then the penalty cannot be charged.
At the same time, President of City Bus Federation, Doon, Vijay Vardhan Dandriyal, said that he had also sought information under the Right to Information, which clearly shows that the police cannot challan in overloading.
Police cannot deduct challan for overloading of heavy vehicle
According to ARTO Arvind Pandey, under the Motor Vehicles Act, the police cannot deduct an invoice for overloading a vehicle. This right is only with the Department of Transport. At the same time, if we look at the challan record of the police in the city, the police are cutting the challan from the truck, dumper, and loader indiscriminately on overloading. According to ARTO, the police is also not empowered to stop a passenger vehicle and check its permit. Nor can the police deduct the challan for the permit.
Only Sub-Inspector and the above rank officer can challan
According to the rules, only the sub-inspector or above rank officer has the right to deduct the challan, but the head constable and constable in the Doon Police are also seen taking challan books and cutting the challan on the streets. The situation is that the head constable stands with the already signed challan book of the inspector, while it is completely illegal. According to ARTO, the official whose signatures are on the challan should be present at the said place.
Pipes do not change in Alcometer
The drunken driver must be checked by replacing his pipe every time with an Alchometer, but police and transport department personnel do not do so. He asks everyone to blow on a pipe, which is wrong as per the rules. The Alchometer consists of two-inch pipes of paper for checking which must be newly installed each time. The reason for this is that if someone has an illness, then the other person may also get the disease. Many also protest against not changing the pipes, but the police team silences them. It is also in the rule that if someone refuses to get an examination done on the Alchometer, then he should get medical in the hospital, but this is also not followed.
No invoice if not red light
If the traffic red light is not installed or is not working and the driver can skip it, then the challan cannot be deducted. There is a condition in this. The condition is that if there is no red light or the red light is not working, then the policeman is conducting traffic, then the law has the provision to operate the vehicle according to his instructions. If you ignore the policeman’s gesture, then the challan can be done. Traffic lights are closed at most intersections in Doon city. Not seen in many places. Even then the challans for light jumping are cut.
You can also make video
If the police are making your video during vehicle check or challan then you can also make a video of it on your mobile or camera. But, do not interrupt government work during this period.
SP Traffic Prakash Chandra Arya says that it is true that the police do not have the right to challan in certain sections. The proposal has been sent to the government by the police. Police have no right to remove the key during checking unless it is proved that the driver being stopped may run away with the vehicle.
ARTO administration Arvind Pandey says that after cutting the challan to the police, the challan can be paid on the spot. There is no right to recover the fine after this. These challans should be sent to the Transport Department. To redeem the challan, the driver should get 15 days sufficient time as per the rules. If during this period, the driver presents the relevant documents, then there will be no penalty. The police cannot challan the overloading of the load vehicle and the permit of the passenger vehicle. The police cannot leave the challan because only the transport department can verify the validity of the documents.
Senior advocate Praveen Seth says that no one has the right to stop the vehicle and get the key. The enforcement agency can remove the key only when there is a possibility of a crime. But this apprehension must also be proved. If the police are making your video, then you can also make a video of that time, but be careful that it does not obstruct government work. If this happens, the police can also add charges against you for obstructing government work.