Challan under Motor Vehicle Act: Know your Rights of Challan

Drasti Jain, Government Law College, Mumbai

ALL ABOUT CHALLAN RULES:

Traffic rules violation is perhaps the most common infringement of the law that a common man commits. The recent amendment in the Motor Vehicle Act has introduced hefty fines on persons committing offences with the aim of lowering the amount of traffic rules violation. Let us find out some of those cases and how much the authorities can dock off your pockets!

1. Conditions to pay a Challan in:-
● Rs 10,000 fine for not giving way to emergency vehicles.
● Rs 10,000 for driving despite disqualification. Aggregators violating driving licenses will be fined up to Rs. 1 lakh.
● The bill includes penalties in the range of Rs 1,000- 2,000 for over-speeding.
● Traffic violations attract a penalty of Rs 500.
● Disobedience of orders of authorities will attract a minimum penalty of Rs 2,000.
● Penalty for driving dangerously is Rs 1,000.
● Drunken driving under the proposed new law would attract a fine of Rs 10,000.
● A sum of up to Rs 1 lakh if found violating licensing conditions
● Overloading of vehicles would attract a penalty of Rs 20,000 and an additional amount of two thousand rupees per ton of excess load
● Driving without insurance will be punishable with Rs 2,000 fine.
● Driving without helmets will attract Rs 1,000 penalty and 3-month suspension of licence.
● Driving or taking any motor vehicle without the consent of the owner will attract a maximum of Rs 5,000.
● Allowing unauthorised persons to drive vehicles will attract fine up to Rs 5,000.
● Driving dangerously will lead to a fine between Rs 1000-5000.
● In case you are racing or undertaking trials of speed without the written consent of the State Government permits or take part in such race or trial of speed you’ll be punishable with imprisonment for a term with a fine which may extend to 5000 rupees, or with both.
● The Motor Vehicle Act takes care of your safety as well and to ensure you do the same, if you are found using the vehicle in an unsafe condition or with defects it will attract fine which may extend to 1500 or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with fine which may extend to 5000 rupees.
● Violating the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of 10000 and for any second or subsequent offence with a fine of ten thousand rupees.
● Maximum Rs 5000 for the first offence of Using vehicles without registration and subsequent offences with a fine of Rs 10000

2. What is the authority of the Challan officer and, which rank officer can impose Challan:-

Only assistant sub-inspector (ASI)-rank officers and above posted at traffic police stations are empowered to issue challans as per Indian Motor Vehicle Act, Section 132. You can settle the challan on the spot by paying the fine to an officer rank (sub-inspector or above) traffic cop, though it is not mandatory.

3. In which cases only the court is authorized to impose challan:-

Illustration: X, was issued a challan for going over the prescribed speed limit. He failed to pay the penalty and subsequently received a court order. Why did he receive a court order to be present in the court?
In the cases wherein the challan hasn’t been paid by the offender, the court is authorized to impose the challan. In the case of on-spot challan, the driver's paper is seized so the person concerned needs to go to court to get it. In case if you think that you can get another paper and do not visit court then the court might summon you or issue a non-bailable warrant against you. In such cases, you have to pay a heavy fine and even face imprisonment.
Additionally, in the case of challan of the Court which is imposed on breaking the traffic laws, the challan will be issued on the spot but the offender will have to go to the court to pay the penalty.

4. The full procedure to impose a challan:-

Indian roads are also now equipped with cameras to detect traffic rule violations. Whenever a camera captures such a violation, it generates an e-challan for the offence. Even traffic police officers are capable of issuing an e-challan for violation of traffic rules. Paying this challan can be done both online as well as offline.
The e-challan notice is sent to you through SMS on your mobile phone. You may also get the notice in physical format at your registered address. If you delete the SMS by mistake or you do not receive the notice at your registered address, you can still check your challan status online and pay it accordingly.
Generally, you need to pay the challan within 60 days from the date of issue of the notice. Any non-compliance of the e-challan notices may result in the challan getting forwarded to the court. The court may further provide punishment with imprisonment for a term which may extend to 3 months or with additional fine or both.

References:
1. https://english.jagran.com/india/echallan-what-happens-if-you-dont-pay-fine-how-police-or-govt-can-recover-the-amount-10004568
2. https://economictimes.indiatimes.com/wealth/save/have-you-violated-traffic-rule-heres-how-to-check-and-pay-your-e-challan-online/articleshow/71386221.cms?from=mdr
3. https://www.bgr.in/how-to/traffic-fines-heres-how-to-check-and-pay-challan-online-instantly-849549/
4. http://www.legalserviceindia.com/legal/article-2626-legal-rights-related-to-traffic-police.html\
5. https://economictimes.indiatimes.com/topic/over-speeding

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