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Traffic police and Harrasement

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EnforcementTraffic

Day before yesterday i was caught by traffic police ASI Hanumanthraju near Kadrenahalli 100ft ring road, Banashankari and i was asked to produce the documents, its unfortunate my emission test was expired and then ASI and constable asked to pay the fine of Rs 300 in the court i asked y so much then he told me to pay Rs 100 on spot, I paid and left for office later i realized he has given the slip for lane discipline in spite of giving for emission.

Then one of my colleague showed the newspaper in that it is mentioned they are not supposed to impose fine for the Emission test and insurance in spite of that they should given notice in which i have to produce the document within 15 days. In front of my eyes he has collected Rs200 from one of my colleague for the Insurance without giving the receipt.

Today I met him again and asked why he imposed wrong fine on me and all the 3 police man acted like as if they dont know about the notification of changes made to the emission and the insurance certificates. Finally they asked me to bring the News paper in which the notification was released. I left the spot and rushed to office to bring the paper,  i collected the paper and rushed back to their spot but in vain as they had already fled from the spot. I dont know higher authority will take action on this or not i tried to take video of our conversation but only voice got recorded properly. If Cops are like this definitely India will improve hats off to cops of our nation for troubling common people.

Comments

murali772's picture

Way to go, Vinay. I expect

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Way to go, Vinay. I expect you'll hear from higher officials soon. If you don't hear within a week, please bring up the matter here again. We'll take it to the specific attention of the higher ups.

Muralidhar Rao

Muralidhar Rao
vinod_shankar's picture

What the law book says...

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vinay, what you said is very true, you have every reason to complain to the higher authorities. I am sure many including me were not aware of this provision to produce within 15 days, both insurance and emission.

So, the truth is only RC and Driving License can be verified on spot.  Please see point (3)



Section 130 of MV Act, 1988 - Duty to produce license and certificate of registration

(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the Police officer making the demand.

(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorized in this behalf, produce the licence for examination.

(3) The owner of a motor vehicle (other than a vehicle registered under Section 60), or in his absence the driver or other person-in-charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorized in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in Section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within 15 days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it.

vinod

 

silkboard's picture

Spot fine is the root cause

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The root cause of all this is the fact that money changes hands on the spot. If you replace that with the system where the cop only gives you a voucher or a ticket, and you then go pay at BangaloreOne, or on Traffic Police website, then the problem of wrong fine amounts, fine without proper or legal receipt - all that could go away.

Even after eliminating the "on the spot" cash transaction, corruption and harassment will still exist. But the moment you see cash in a traffic cop's hands, you would know what is happening. In fact, since going and paying up at BangaloreOne would take more time, more and more people might want to bribe and "settle".

If you add one more change to the RTO procedures, things can get even better. Change from life-time registration to annual road tax/registration system will give Cops more contral. All unpaid fines can be added on to the annual road tax bill.

Back to the law, notice tis:

within 15 days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it.

Notice that you don't really have to go in person as well. Get postal address of the officer, and mail the documents to him - that too should be enough.

Rithesh's picture

Thanks for sharing the info

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Great post Mr Vinay - thanks for sharing your experience and also highlighting what the law states. I would strongly suggest that you follow up on this and if possible go and meet the ACP at the station itself. And please post the update too. 

Till i read this post i was under the impression that we could also be fined for not producing the insurance documents on demand. I overheard about this fine (of Rs.100) at a police check point when i was stoped for document verification.

mrmaulik's picture

 Vinay Thanks to bringout

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 Vinay

Thanks to bringout such imp. issues with all of us. and also i would like to thanks others who had already given good guidance for rules and laws.

Its a  difficult to get real sence law implimentation from our cops specially at lower cader. We know that and also accepted corruption is a part of our culcture (and not as part of system).

But i have some questions. who is responsible for this?? plz. dont mind if iam asking why u dont have emission test report done before it expired? why yr friend dont have all required papers with him?? and let me know why your frined left the place wihout taking receipt? we are equally responsible by giving them bribe..

I know my post and reaction may not like to so many of us.. but we need to really think for this also..


 
sanchitnis's picture

Are photocopies sufficient?

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 I am under the impression that one does not have to carry the original RC book and dirving license all the time. Photocopies are sufficient. However, if demanded by the checking authority, originals will have to be produced withing specified period. I think this change was made when the original documents were getting stolen from the vehicles and used for fake documentation.

Can anyone confirm/refute this?

Sanjay Chitnis

 
ushakiran's picture

Traffic Awareness.

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              " OUR MOTTO   ROAD SAFETY  & REACH HOME  SAFETY"

Hi to everybdy , 

  I would like to say some tips abt Traffic awareness .

1.    Pedestrians are requested to walk on footpath.

2.    Pedestrians are requested To look right,look left and right before you cross.

3.   pedestrians are requested to Cross at the Zebra Stripes only.

4.   pedestrians are requested to walk on the foot path not on road .

5.   Pedestrians are requested . If there is no footpath walk on the right facing on  coming   traffic.

6.   Pedestrians are requested not to step off the traffic island when vehicle are passing by.

7.   pedestrians are requested not to run out from behind parked cars.

8.   pedestrians are requested to be careful while crossing  at behind corners.

9.    pedestrians are requested never to play on the road .

10. pedestrians are requested never play near stationary vehicles.

11. pedestrians are requested to watch your every step during rains.

12. pedestrains are requested  never  throw fruits skins on the road.

13. passengers are requested never stands on the foot board of bus.

14. passengers are requested never jump on or off a moving bus.

15.pedestrians are  requested  to be alert on a busy road.

16. pedestrians are requested  never dash through moving traffic.

17.please please Dont use mobile phone while Driving / Riding vehicle & while crossing road .

18. please dont drive / ride  if your are minor.

19. please Avoid over loaded vehicle.

20. please dont over speeding- Cause for Accident.

21. police man is your  freind take his help.

22. please ask your Freinds/ relatives to follow the same.



Thank u for reading this.  Hope atleast we will use this tips for traffic awareness. 

Jai Hind

Usha Kiran
Bangalore.
Usha Kiran
Bangalore.
RKCHARI's picture

Traffic Police

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I too am a victim of mis-rule by Traffic cops! They demand payment of Rs. 100 on the spot, for any violation and do not issue any receipt whatsoever. If you protest they take your licence and tell you to collect it from "court". Everyone knows that is a big hassle, so to avoid that one is forced to pay the demanded amount and drive away peacefully.

But that is wrong and we should be willing to take the trouble of going to court to collect our licence, pay fine where in fault and be law abiding citizens.

I am glad the correct rules have been explained by Mr. Vinod Shankar in the above comment. Forewarned is forearmed.

Best wishes,

Chari

RKC

anton's picture

Traffic fines

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Also note:

  1) You cannot be stopped for checking of docs, but ONLY for a violation COMMITED.

  2) Also, fines cannot be COMBINED:

Here is a piece of information that could help atleast some people with all the right documents. This is in Karnataka, Check in your state also.

Jagran CityPlus
--------------------------------------------------------------------
Not knowing this may leave a big hole in your pocket
Information you cannot miss out

If you are getting caught quite often by Bangalore's traffic police, then this will be the article you cannot miss out on. From now onwards, the Traffic Police cannot catch a motorist just to examine the driving licence or vehicle documents. He can catch you only if you have violated any traffic laws or if you are driving drunk.
Remember that when caught for traffic violation, the fine you pay must be limited to the violation. In other words, the police can't bloat the bill saying that you have no insurance cover or emission certificate, etc.

http://www.team-bhp.com/forum/indian-car-scene/60779-got-caught-traffic-police-wriggle-out-rti.html

 
ushakiran's picture

Not Required To Carry Original Copies.

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Hi Sanjay Chitnis,
      
   I dont think u need to carry always original copies ,Photocopics is enough. Bt plz always make it a point to carry .
 
1.  R.C . copy.

2.  Driving licence.

3. On Road tax copy .

4.  Insurance  copy.

5.  Emission test original copy.or .
More important is a police officer or Gazzetted officer or Notory such peoples shld get all the xeorx copies shld be attested by police officer OR Gazzetted officer OR Notary puplic.

This are more important you need to carry in u r vehicle always . So plz remmber never to break traffic rules plz follow the traffic rules. Road safety & Reach home safety .thank u . Have a nice day .

Usha Kiran
Bangalore.

Usha Kiran
Bangalore.
minus43's picture

Need to stand up

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On two occasions now I have been stopped by a particular inspector belonging to the Indira Nagar police station. His modus operandi is to ask for driving license, insurance, registration and emission certificate. I had my emission certificate missing. Consequently he demanded a fine of 300 Rs from me. I did not have the cash with me on one occasion and he said that I should pay 100 instead. When I paid him 100 I he duly accepted the money and asked me to leave at which point I asked him for a receipt. He replied saying if I wanted a receipt then I would have to go to court blah blah. I asked him for the rule book that mentioned the fine and he showed me a book that was unfortunately in Kannada and I could not verify anything. There was an ATM around 200 mts from the place and so went to the ATM instead and withdrew money from there to pay the fine. He gave me a receipt and gave me lecture on how I should get an emission certificate next time. I promptly replied to him that the next time he catches someone he should also make it a point to give receipts :p. A brief altercation followed with me threatening to complain about him to higher ups. He said he was always giving me a receipt and then I said to him that not only was he corrupt but he was also a liar. I was happy I gave it back to him. On the second occasion he started on the same tracks but seems he had learnt his lesson and after asking for a receipt he immediately gave one. In my opinion it is important to stand up and demand that the right thing be done and if there is resistance one should shame them in as many words.

Neeraj Bhope

ushakiran's picture

Yes Need To Stand up .

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    Hi am happy to say tht u need to stand up for u r rights. U did right way. And plz note this points,
  • 1. Make sure u r carrying all ducoments wth u whn u r ridind R driving u r vehicle.
  • 2. If any police man stops u make sure tht u need to speak wth ASI R S.I. officer
  • 3. Thr is no such fine for emission.
  • 4. Always make sure to take recipt whn u r paying fine .
  • 5. In case if u r nt able to pay money. Plz speak to a officer and take notice frm thm .
  • 6. In case if u find any police person behave misbehave wth u .Plz go to nearest police station speak to DCP reqarding ths .
  • U have done good job tht u stood up for ur rights . please do nt break traffic rules.
              "Road safety & reach home safety". Thank u . Have a nice day . 


      
      
Usha Kiran
Bangalore.
s_yajaman's picture

From today's TOI - checking car/bike papers

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Saw this in today's TOI. 

http://timesofindia.indiatimes.com/Cities/Bangalore/Ride-free-no-more-side-stops-to-check-papers/articleshow/4714210.cms

Mr.Sood has asked his people not to stop vehicles needlessly.  Documents need to be checked only if an offence has been committed. 

My own experience - I have been driving for the last 21 years - I have never been stopped by a cop to check my license or my papers - Bangalore or any other city. 

On Silkboard's point on annual road tax.  We already have insurance as the answer.  BTP/government needs to make a rule that anyone renewing insurance needs to get a no-due certificate from the police.  Now that all the traffic records are online, it can be as simple as getting a login/pw and printing out an online certificate.  Once that is put in place, we can add another certificate that lists out all offences in the previous year.  Insurance premium can be raised/lowered.  If for each red light jumping offence, insurance is increased by Rs.500, most people will stop.

Srivathsa

Drive safe.  It is not just the car maker which can recall its product.

faiqg's picture

Can't stop them. Wait for them to park.

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I went to City Railway Station last night to drop off my cousin. As i was parking my mobike, this friendly traffic constable walks up and asks for papers. While showing we find old copies of insurance and emission check certificates. I tell him that latest papers are at home and i forgot to change. I also ask him, did i commit any offense? His reply was on-spot papers are required, otherwise come to court and collect your vehicle. I said ok will do that. He then explained that i will have to let the vehicle be at the parking and go to court next morning, pay the fine and then take the vehicle but it will cost more, legal counsellar... etc. He said no insurance no emission certificate 800 rupees. I asked for a concession. He then agreed to 400. I didnt see a reciept coming my way. I said i dont have change and the train will leave, i will come after seeing off my brother. He took my parking coupon and let me go.

What happened next is inconsequential. But i had no one to check with for rules and what to do next.

Can they lurk in the dark at parking spaces and ask for papers? Can they reduce the fine by half just like that? Is there a complaint system in place?

Traffic Control Room search on local search engine gives one number 22942663 for Hebbal (no one picks it up anyway). No numbers of any Police Station were up to find. 100 gave me 103 for traffic assistance. Didn't connect.

Whom to complain or ask for guidance when they themselves seem against us.


raavifru's picture

Police

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yes , now a days in our country the  real guundas are the policemen . their main duty is to serve people but what they are doing ...... even a homegaurd wont reply you if u ask him a question,  

threedays before iam going to my friends room which is in BTM its around 1.00am  i went upto majistic and called him to pick me . when we r returining 2 policemen not even traffic police , stopped us and asked to show all the documents ,, my friend  recently brought that secondhand bike ,he dont have Insurance for that bike for that that police may has collected  rs1000 from us.  what to do it is  midnight and he is Threatening us that he will take the bike .and asking us to collect the bike in the station after preparing the insurence and also he is telling that we should pay Rs 3500  if it goes to police station. see how these police were . 

mrmaulik's picture

harressement by cops

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i agree with all details given above.. but why should we need to face this?? why we have to get in trouble first? than we will raise issue here and all everybody will stand together for ousome one's rights?

can we get our basic right straigt forward??  use of such forum can only way to get our rights?..

recently some people bitten traffic cops in ahmedabad(for different locations about 5-6)..this is also not a way to show our anger but what else can expect by our people than??

 

 

 
blrsri's picture

No fines..Notices needed

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 According to the State's Road Transportation Act, no policeman can slap a penalty on you just because you have no insurance or emission certificate.

If you have not purchased insurance cover for your vehicle, then the police officer must issue a notice, not impose penalty. You must be given 15 days' time to purchase insurance cover and one week for obtaining the emission certificate.

 

more here

smithubhat2003's picture

i

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Hi,

Does anybody have the copy of tht airticle published? or the date at least so that i can take a printput of the article?

Regards,

Smitha

imran_huq17's picture

Traffic Police - Bangalore Details

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You can have a look at the FAQ section of the Traffic Police Website.

www.bangaloretrafficpolice.gov.in/index.php

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