Traffic Police (India) - Challan Rules
Who hasn't been stopped for imagined traffic violations and felt violated after the interaction with discourteous and uncouth police officers? The traffic police in India (specifically Bangalore) seem to fill their coffers and personally line their pockets by challaning motorists for real and imaginary violations . In most cases the motorists are not aware of the rules and end up enriching the police officer. That's why you've got to love RTI act, finally something to make these "upholders of the law" accountable.. i found the below post (source is the link given below) enlightening to say the least!.."The traffic police have to greet the motorist and be polite"!!! if i ever see or hear of that happening i will...i really will do something not expected of me..really!
In the picture:
1) Police man rides with the helmet straps flying in the wind. Guess who's following the law for the sake of it!
2) A police constable rides with a hat and not a helmet (as is the compulsory rule in Bangalore) with a senior inspector riding pillion and he also seems to be trying to kill himself by heading straight into the oncoming traffic
Instructions for Challaning Officers
1. A motor vehicle shall be stopped for challaning only on the commission of a visible traffic offence. A motor vehicle can be stopped for checking of documents only under the specific instructions of senior supervisory officers.
2. While stopping the vehicle due care shall be taken that no hindrance is caused to the smooth flow of traffic. The vehicle shall under no circumstances be stopped on the road intersection/rotary.
3. The challaning officer shall walk to the point where the vehicle is stopped and shall first greet the driver and then tell him the reasons for his vehicle having been stopped in polite language. The conversation with offender should be polite and brief
4. The demand for the production of the driving licence and other documents shall be made politely. It is the duty of every motor vehicle driver to carry the original driving licence at all times and produce the same on demand by a police officer in uniform. The production of registration certificate, permit, insurance, pollution under control certificate and fitness certificate can be done within 14 days. In case of failure to produce the driving licence, the registration certificate, insurance etc. the driver shall be challaned under the presumption that the said document does not exist. The driver shall however be informed that he can produce the document alongwith a photocopy for inspection as indicated on the printed challan form. Failure to produce the driving licence shall be charged under section 130(1)/177 MVA 88 instead of section 3 /181 if the driving licence is produced for inspection within the prescribed period. Failure to produce the registration certificate, permit, insurance, pollution under control certificate and/or fitness certificate shall not be treated as an offence if the document is produced for inspection within the prescribed period.
5. The challaning officer shall seize the driving licence of the driver under section 206 of the MV Act to ensure appearance of the offender before the Court. In case of failure of the driver to produce the driving licence the registration certificate shall be seized under section 207 of the MV Act. In case the driver fails to produce both documents the vehicle shall be impounded under section 207. No other documents, personal bond etc shall be seized at the time of challaning.
6. In case a vehicle is without registration certificate and has no number on the number plate the Challaning officer shall record the engine number and chassis number of the vehicle on the Challan form.
7. When a driver is challaned he shall be permitted to record his brief comments before signing the challan receipt. In case the driver poses resistance to the challan, the challaning officer shall politely caution him that this shall lead to an enhancement of the penalty under section 179. In case the driver tries to intimidate or influence the challaning officer in any manner the challaning officer shall record the same on the reverse of the original challan form and also inform the Control Room where an entry shall be made in the log book.
8. In case the driver uses abusive language and uses or threatens to use physical violence, the Control Room shall be informed by the challaning officer, which shall in turn call for a reserve officer from the Police Station having jurisdiction for initiating legal action. The nearest traffic interceptor shall also be directed to reach the spot for assistance. The voice recorder & video recorder shall be employed to record evidence of the misbehaviour shown by the traffic offender.
9. In case any physical violence is actually affected upon the challaning officer a criminal case shall be lodged and the SHO shall personally supervise the same.
10. In case the driver wants to lodge a complaint against the challaning officer he shall be politely informed that he can lodge a complaint at the Traffic Control Room number 0171-2550101 and ask for his complaint number. He shall also be informed that he can contest against the challan by appearing in the court on the date and time mentioned by the challaning officer on the challan form. The challaning officer shall promptly give his name and belt number to the driver wanting to know the same.