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Thread: RTO and other Information while Driving in India

  1. #21
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    Quote Originally Posted by diffuser911 View Post
    Thanks setuniket...The fact is that, I am using the bike in Orissa for near to two years. I got a NOC from the Jharkhand RTO, but never submitted it here or paid the road tax. What should be the best thing to do: get new NOC from JH, or pay an agent to get me an NOC from Orissa?
    You never paid road tax in Orissa, so you must now go back to JH RTO and get the NOC cancelled and secondly do not get fresh NOC prepared as you are not shifting to Bangalore rather just going there for 3 months.

    Quote Originally Posted by Ayush Singh View Post
    Thnx for all the reply in this thread. I request people to come up with more questions so that things can be more clear.

    @setuniket
    Thanks for your detailed reply, it was helpful. Currently I'm in Rourkela, Orissa. Your reply about keeping the petrol pump bills was something new I heard of, it surely is a well thought way to prove the short stay.
    Fuel Bills, Toll receipts(if any), PUC and any other id proof is required. As mentioned it is to prove that you are not the resident of the city.

    Quote Originally Posted by Ayush Singh View Post
    @diffuser911
    Even I've a car registered in Ranchi but in Rourkela right now. You should have never got the NOC, once you get it, you have to pay road tax of the other state where you are, else its illegal. If you don't get the NOC then your vehicle as considered as belonging to the place where it is registered. The catch is if you are asked to change your number in a foreign state you can say I'm going back as I don't have NOC, but if you have NOC then the intention to get it is to go to another state and re-register your bike and also pay the road tax. These things come into play only when the vehicle is stolen or it involves an accident, else for usual checking I believe NOC is not of much importance given you prove that you have been here for a short while.
    NOC implies that you have cleared all you dues from the state and will pay the tax in the current state. If you fail to do so your vehicle might be seized and you have to pay tax as well as penalty to the state. It amounts to evasion of tax.


    Quote Originally Posted by Lost Soul View Post
    I have a question what if we Run from da cops and then when he chases us we stop but we have all documents and all in order . is it still a crime ?
    You might be let off with small fine(say overspeeding or rash driving) or may be even booked for obstructing the officers on duty.

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    Quote Originally Posted by nightwing View Post
    Yes I am dead sure. I have a very good source of this information.
    Play safe and get it attested. You might have to carry the original PUC.
    I do carry the original PUC , but only copies of others , i've colour xeroxed the DL and laminated to look like original ( not that they can't identify ) ... but this attestation thing is news to me , best i get it done soon.

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    Quote Originally Posted by Lost Soul View Post
    I have a question what if we Run from da cops and then when he chases us we stop but we have all documents and all in order . is it still a crime ?
    Of course its a crime. Legally, you can be charged for refusing to obey an officer in uniform.
    Your biking tells a lot about the person you are!

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    In this thread , All the ppl have different(read as opposite) views about the same question. ur even confusing the newbies here

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    Quote Originally Posted by Grafix View Post
    In this thread , All the ppl have different(read as opposite) views about the same question. ur even confusing the newbies here
    The reason being all the states have different laws in respect to Vehicles. You have to check your local RTO or the state transport deptt website. You cannot have common law in all the states. There is nothing about being confused. If you dont carry, original or attested copies(in some states) you will be fined. Secondly the cops/ RTO inspectors twist the laws as per their convenience(to extract money of ignorant citizen) so different people have different views/opinion about the law.

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    Most of the time it's the police/traffic police that seems to twist the law to suit their favor. RTOs have desk jobs mostly.ARTO(Enforcement) do the field work of checking the permit of taxis,trucks and other good carrying vehicles. Plus the job of checking if the vehicle is overloaded beyond it's standard capacity.
    Matters such as these are rarely brought to their knowledge. The good ones try and rectify the issue. And you know already know how the bad ones behave.
    Last edited by nightwing; 08-02-2009 at 01:17 AM.

    "Some rise by sin, and some by virtue fall."

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    SOME IMPORTANT PROVISIONS OF LAW

    Some important provisions of Indian Motor Vehicles Act which the general public must know are given below:
    Section 3: It is an offence to drive a vehicle without Driving License.
    Section 4: Age limit for obtaining driving license -
    Two Wheelers below 50 CC -16 years
    Other Motor Vehicles - 18 years
    Transport Vehicle - 20 years
    Section 5: Owner not to allow any person to drive the vehicle without Driving Licence ( D.L ). Example - If son/daughter is driving a vehicle owned by parent without D.L, parent can be prosecuted, though the parent may not be present at the time of the offence.
    Section 19: The Regional Transport Officer (RTO) can disqualify persons from holding driving licence or revoke the same if the person -
    is a habitual criminal or habitual drunkard
    is a habitual addict to any narcotic drug or psychotropic
    substance within the meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61 of 1985)
    is using or has used a motor vehicle in the commission of a cognizable offence
    has by his previous conduct as driver of a motor
    vehicle shown that his driving is likely to be attended with danger to the public has committed any such act which is likely to cause nuisance or danger to the public.
    Section 20: On conviction of an offence under Motor Vehicles Act or an offence in the commission of which a motor vehicle was used, the Court can disqualify the person concerned from holding driving license apart from imposing any other punishment.
    For the following offences, disqualification is mandatory -
    i) not stopping the vehicle when required to do so by any Police Officer not below the rank of Police Sub-Inspector in uniform if the vehicle is involved in a road accident (Section 132)
    ii) not shifting the victim of the accident in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner (Section 134)
    iii) not giving, on demand by a Police Officer, any information required by him (Section 134)
    iv) not reporting the occurrence of accident to insurer (Section 134)
    v) driving by a drunken person or by a person under the influence of drugs (Section 185)
    vi) driving dangerously (Section 184)
    vii) racing and trials of speed (Section 189)
    viii) using vehicle without registration (Section 192)
    Section 21: If a person already convicted once for dangerous driving under Section 184, again indulges in dangerous driving causing death or grievous hurt and if a case is registered for the second offence, the driving license of the person is automatically suspended for a maximum period of 6 months or till disposal of the case in the Court.
    Section 22:
    i) If a person is convicted for second time for dangerous driving under Section 184, the Court can cancel the driving
    license
    ii) If a person is convicted for the second time for drunken driving under Section 185, the Court shall cancel the driving license of the person concerned
    Section 39: No person shall drive any motor vehicle and no owner shall cause or permit any vehicle to be driven without proper registration and display of the registration mark. If a vehicle is plying without proper registration, owner can be prosecuted though he/she may not be present at the time of offence.
    Section 49: The change of address recorded in the Registration Certificate shall be reported within 30 days of any such change.
    Section 50: Transfer of ownership should be reported within 14 days of the transfer if the vehicle is sold within the State and 45 days if the vehicle is sold outside the State.
    Section 51: Ownership of a motor vehicle held under the hire purchase or lease or hypothecation agreement cannot be transferred without a written consent of the person to whom the vehicle is hypothecated.
    Section 52: No owner of a vehicle shall so alter the vehicle that the particulars contained in the Certificate of Registration are no longer accurate. Such alteration can be made only with notice and prior approval of the Regional Transport Officer.
    Section 53: If a vehicle is not in a fit condition to be used on the public road or is being used for hire without valid permit, the registration certificate can be suspended by the Regional Transport Officer.
    Section 93: Only licensed persons to canvass and sell tickets for passenger transport vehicles.
    Section 115: In the interest of public safety or convenience or because of the nature of any road or bridge, movement of certain types of vehicles can be restricted or prohibited. If the period of restriction is less than one month, no notification is necessary.
    Section 119: Every driver shall drive the vehicle in conformity with the traffic sign boards and shall comply with all the directions given to him by any Police Officer for the time being engaged in the regulation of traffic.
    Section 121: Signaling by the driver regarding his intentions to stop or take a left or right turn is mandatory. If he does not do so, the driver can be prosecuted.
    Section 122: Leaving a vehicle at rest on any public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience to other road users is an offence. Such vehicles can be towed away by Police and charged for towing as well as this offence.
    Section 123: Foot-board travelling and travelling on the top of the vehicle or bonnet is prohibited. The driver or conductor can refuse to move such a vehicle.
    Section 127:
    i) If a vehicle is left unattended on a public place for more than 10 hours or found parked in a No Parking Zone, it can be ordered to be towed away by a jurisdictional Police Officer in uniform

    ii) If a vehicle is parked unattended in such a manner as to create a traffic hazard, it can be immediately removed by towing as ordered by any jurisdictional Police Officer
    iii) The charges of towing away have to be paid by the owner besides any other penalty
    Section 128: Carrying more than one pillion rider on a two-wheeler is an offence.
    Section 129: It is mandatory to wear a helmet of ISI standard while riding a motor cycle in public place. However, the State Government can make rules as it may think fit. There are decided cases in the Courts that any act aimed at doing good is not violative of any fundamental right.
    Section 130: The driver of a motor vehicle in any public place shall, on demand by any Police Officer in uniform, produce his Driving License, Registration Certificate, Insurance Certificate, Fitness Certificate and the Permit can be demanded in this manner by Officers of Motor Vehicles Department only.
    Section 133: It is the duty of the owner of a Motor Vehicle which is involved in any offence to give all information regarding the name and address of and the license held by the driver or the conductor on demand by any Police Officer.
    Section 136: All vehicles involved in road accidents have to be inspected by the authorised Officers of Motor Vehicles Department.
    Section 140: Where death or permanent disablement of any person has resulted from a road accident, the owner of the vehicle involved shall be liable to pay compensation in respect of such death or disablement irrespective of his/her fault. The compensation for death shall be Rs. 50,000/- and for permanent disablement Rs. 25,000/-.
    In such claims, the claimant shall not be required to plead and establish that the death or permanent disablement was due to any wrongful act, neglect or default of the owner of the vehicle involved. The claim shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has been made. Besides the owner of the vehicle, the Insurance Company is also liable under this section.
    Section 146: No vehicle shall be used on the road without proper Insurance Certificate. The responsibility lies with the owner of the vehicle.
    Section 158: Any person driving a motor vehicle in any public place, shall, on being required by a Police Officer in uniform, produce:


      1. certificate of Insurance
      2. certificate of registration
      3. driving license
      4. in case of transport vehicles, also the certificate of fitness and the permit
    Section 160: For the purpose of claiming compensation in a road accident, information regarding the vehicle involved, the driver, injured, property damaged can be obtained from the Police Officer incharge of the concerned Police Station on payment of the prescribed fee.
    Section 161: In respect of death of any person resulting from a hit and run road accident, a compensation of Rs. 25,000/- is paid. In respect of grievous hurt, the compensation to be paid is Rs. 12,500/-. This compensation is to be paid by the District Magistrate concerned.
    Section 178:
    i) Penalty for travelling without ticket is upto Rs. 500/-.

    ii) If the conductor of a stage carriage fails to perform his duty regarding issue of proper ticket etc., he can be punished with fine upto Rs. 500/-.
    Section 179: Disobedience to orders of the competent authority, obstruction to discharge of official duty or refusal of information to the authority concerned can result in fine upto Rs. 500/-.
    Section 180: If a owner permits any unauthorised person to drive the vehicle without driving licence, the owner is liable for imprisonment upto 3 months or fine upto Rs. 1,000/- or both.
    Section 181: Driving without valid and proper driving licence can result in imprisonment upto 3 months or fine upto Rs. 500/- or both
    Section 182: If a person who has been disqualified for holding or obtaining a driving licence either drives a motor vehicle or applies for or obtains a driving licence with-holding the information regarding disqualification, the person can be imprisoned upto 3 months or punished with fine upto Rs. 500/- or with both.
    Section 182(a): Whoever alters the construction of the vehicle without prior approval of the competent authority shall be punishable with fine of Rs. 1,000/- for the first offence and with a fine of Rs. 5,000/- for any subsequent offence.
    Section 183:
    i) If a driver of a motor vehicle contravenes the speed limit, he/she shall be punishable with fine upto Rs. 400/- for the first offence and Rs. 500/- for the subsequent offence.

    ii) If the owner causes the driver to contravene the speed limit, he/she shall be punishable with fine upto Rs. 300/- for the first offence and Rs. 500/- for subsequent offence.
    Section 184: Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both.
    The driver can be arrested on the spot.
    Section 185: Punishment for drunken driving is imprisonment upto 2 years or fine upto Rs. 3,000/- or both.
    The driver can be arrested on the spot.
    Section 186: If a person drives a vehicle when mentally or physically unfit to drive, he/she shall be punishable for the first offence with fine upto Rs. 200/- and Rs. 500/- for subsequent offence.
    Section 187: If a driver or a owner fails to report involvement of his/her vehicle in an accident and give the required information to the Police Officer concerned, he/she shall be punishable with imprisonment upto 3 months or fine upto Rs. 500/- or both in addition to the punishment for the accident, in case convicted. For the subsequent offence under this section, the imprisonment can be upto 6 months and fine amount upto Rs. 1,000/-
    Section 188: Whoever abets the commission of offence under Section 184, 185 and 186 shall be punishable for the same punishment as the accused himself / herself.
    Section 189: Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term which may extend to one month or with a fine which may extend to five hundred rupees or with both.
    Section 190: Punishment for violation of the standards prescribed in relation to road safety, control of noise and air pollution is fine amount upto Rs.1000/- for the first offence and Rs. 2000/- for the subsequent offence.
    Section 192: Using a vehicle without registration can result in minimum fine amount of Rs. 2000/- and maximum upto Rs. 5000/-. For subsequent offence, the fine amount can be upto Rs. 10,000/- with a minimum of Rs. 5000/-
    The punishment is not applicable for vehicles used in an emergency for the conveyance of persons suffering from sickness or injuries or for the transportation of food or material to relieve distress or of medical supplies for a like purpose.
    Section 192(a): Using vehicle in contravention of permit condition can result in fine upto Rs. 5000/- but not less than Rs. 2000/- for the first offence and imprisonment upto 1 year but not less than 3 months or with fine amount upto Rs. 10,000/- but not less than Rs. 5000/- or both for the subsequent offence.
    Section 194: Driving vehicle exceeding permissible weight can result with a punishment of Rs. 2000/- and an additional amount of Rs. 1,000/- per tonne of excess load together with the liability to pay charges of off-loading the excess load.
    Section 196: Driving uninsured vehicle can result in punishment in imprisonment upto 3 months or fine upto Rs. 1000/- or both.
    Section 197: Whoever takes or drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.
    Section 200: The offence under the following sections can be compounded by the Police Officers:
    Sections 177, 178, 179, 180, 181, 182, 183, 184, 186, 189, 190, 191, 192, 194, 196 or 198.
    Section 201: Whoever keeps a disabled vehicle on any public place in such a manner so as to cause impediment to the free flow of traffic, shall be liable for penalty upto to fifty rupees per hour so long as it remains in that position.
    Section 202:
    i) A Police Officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under Section 184 (dangerous driving) or Section 185 (drunken driving) or Section 197 (taking vehicle without authority).

    ii) A Police Officer in uniform may arrest without warrant any person who has committed an offence under this Act, if such person refuses to give his name and address.
    Section 203: If a person required by a Police Officer to provide a specimen of breath for a breath test, refuses or fails to do so and the Police Officer has reasonable cause to suspect him of having alcohol in his blood, the Police Officer may arrest him without warrant except while he is at a hospital as an indoor patient.
    Section 206:
    1) Any Police Officer or other person authorised in this behalf by the State Government may if he has reason to believe that any identification mark carried on a motor vehicle or any license, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of Section 464 of the Indian Penal Code, seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.
    2) Any Police Officer or other person authorised in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any license held by such driver and forward it to the Court.
    3) A Police Officer or other person seizing a license under sub-section (2) shall give to the person surrendering the license a temporary acknowledgement therefore and such acknowledgement shall authorise the holder to drive until the license has been returned to him or until such date as may be specified by the Police Officer or other person in the acknowledgement, whichever is earlier.
    Section 207: Any Police Officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose, take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.
    Section 215: The Central and Statement Government are required to constitute National Road Safety Council, State Road Safety Council and District Road Safety Committees for road safety programmes.

  8. #28
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    Ayush, kindly post the source of this information, seondly as a law student I find some of the section(s) mis-interpreted. Kindly correct those, as certain sections are not the way they have already been interpreted by the courts.


    OT: Mod we are running many threads on this issue, on also being the universal thread. kindly merge all of them so that topic becomes easier to read and understand.

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    Rusted abhijeet080808's Avatar
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    The law speak flew right over my head. Wish someone would point out the important points in a simple manner.
    Your biking tells a lot about the person you are!

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    I got the information about various sections from a web page with extension nic.in indicating it was hosted with the Government.

    However, I'm unable to find it again. I came across this link which has the relevant information Chennai Traffic Police :: Welcome

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