Traffic Laws of Chandigarh

Traffic Laws in Chandigarh 

Introduction

Traffic congestion is one of the common problems faced by nearly all the people in India. The fundamental reason behind this is that the existing roadways are not capable of handling the increasing number of motor vehicles on roads.

Cities like Delhi, Mumbai, Kolkata, Chennai, Patna, Lucknow, etc, have to deal with this common problem of traffic. They have to deal with thousands of cars running through the streets each day. They share the same problem of traffic and the reason behind the problem is also same; increasing number of cars on the road, poor road management, poor practices on behalf of employers, etc.

The population has increased, and therefore more people are adding into the city’s population day by day. Cities have limited capacity but over-crowding leads to chaos. A city has a limited capacity to expand due to lack of proper planning and infrastructure. A Street in a city with a lane on each side before might not suffice after few years when the population has increased.download (6)

Limited space and lack of proper infrastructure add to the problem. Planning plays a significant role in building any infrastructure. Government fails to see the future and act on it. Hence, cities are forced to work with the routes they already have. This being the vital reason for traffic congestion.

India has the second largest road networks in the world and it accounts for 10% of worldwide road fatalities. From this point of view, Road safety responsibility becomes essential for everyone. Traffic laws become imperatively crucial there are few laws regarding traffic laws are discussed in the paper, which needs to be known to all who travel and drive.

Law relating to Registration of Vehicle



Registration is a proof of ownership, and it is also an important document for the sale of a vehicle and transfer of its ownership.[1] Vehicle Registration is mandatory under the purview of section 39 of The Motor Vehicle Act, 1988 that falls under the Concurrent List of Schedule VII of the Constitution of India. Section 39 prohibits driving of any unregistered motor vehicle and states that no owner of the vehicle should permit driving of an unregistered vehicle in public place, which is not registered under the provision of the MV Act. The exception to this provision is cars with the dealers. Section 192 of The Motor Vehicle Act, 1988, states that whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of Section 39 shall be punishable with a fine, which may extend to five thousand rupees but shall not be less than two thousand rupees for a second time or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both.

The implementation of various provisions of this Act rests with the State Governments.

How to register your vehicle and what documents one should need for it

To register a new, private, non-commercial vehicle, you need to apply in the prescribed form (either available online or with the concerned local authorities) to the RTO (Regional Transport Officer)/Transport Department of the area of your residence.

On purchasing a new vehicle, the owner must apply for registration within seven days from the date of delivery of the vehicle with the following documents

  • Filled in Application Form (Form no. 20). The form is available with all registering authorities in every state across the country
  • Sales Certificate in original (Form no. 21).  supplied by the dealer/seller at the time of delivery of the vehicle
  • Road Worthiness Certificate (Form no. 22). supplied by the manufacturer and handed over by the dealer at the time of delivery of the vehicle
  • Attested copy of a valid Insurance Certificate
  • Proof of Identity
  • Proof of Residencedownload (6)
  • Customs Clearance Certificate if the vehicle has been imported.
  • Challan Receipt
  • Affidavit on Rs. 3/- non-judicial stamp paper
  • Chassis Pencil print

Additionally, a one-time road tax and a required registeration fee is necessary, the vehicle is physically inspected by the Inspecting Authority and a unique Registration Mark assigned to the vehicle for display thereon.

In the case of joint ownership, the registration of vehicle can be applied by one of the owners. If a vehicle registered in one state and kept in another state for more than twelve months, then the owner of such vehicle has to approach the registration authority for assignment of new registration mark within whose jurisdiction the vehicle is.

Section 49 of The Motor Vehicle Act, 1988, talks about the change of address and states that the owner of the vehicle is required to approach the authority within 30 days whose jurisdiction he has shifted for recording the change of address.

Law relating to Driving License

As per the Section 3 of the Central Motor Vehicle Act, 1988 nobody can drive at any public place until he holds an effective driving license issued to him authorising him to drive the vehicle. A motor cab or motor vehicle hired by a person for his personal use


or rented under a scheme to drive a transport vehicle is an exception. Section 5 of the Motor Vehicle Act, 1988 talks about the responsibility of the owner to not to allow one’s vehicle to be driven by others.

Different types of driving license

1.  Learner’s License

The Learner’s License is a kind of temporary license. It is valid up to only six months. It is issued on the basis of the place where you reside or where you work or on the basis of the school or the place where one intend to receive driving instructions. Learner’s license holder is not eligible to drive a transport vehicle unless he drives a light motor vehicle (LMV) for one year.

  • Learner’s License to drive an LMV: Under this provision, no person under the age of 18 years shall be eligible for a learner’s license and to drive a motor vehicle without gear except in writing with the person having the care of the person (guardian). A medical certificate is an essential requirement for the application form in case of the vehicle other than LMV.

2.  Permanent Driving License

The Permanent driving license is issued after thirty days (to apply within 180 days) from the date of issue of the learner license. It is presumed that the person who gets the permanent driving license should be familiar with all the vehicle systems, driving, traffic rules & regulations.

3.   Duplicate Driving License

Duplicate License is issued in the case of loss, theft, or on mutilation of the original license. The  required documents are:

  • An LLD application form LLD.[6]
  • If license gets lost, you need to submit a copy of FIR for the same.
  • Challan clearance report from RTA Office (in case of commercial license renewal)

The duplicate license functions similar and is valid for the same period as the original license. It is always recommended to keep a photocopy of the original license or particulars of license noted down in order to make it easier for the issuing authority to locate the particulars from their record.

4.  Motorcycle License or Two-wheeler License

A motorcycle licence or Two-wheeler license is issued by the Regional Transport Authority (RTO) to permit driving of only two-wheeler vehicles like the bike, scooter, moped etc.

5.   Light Motor Vehicle License (LMV)

The Light Motor Vehicle License is issued to drive light motor vehicles only.The Light motor vehicle includes the jeep, motor car, auto rickshaws, taxi, three-wheeler delivery vans etc.

6.  Heavy Motor Vehicle License (HMV)

It is issued to drive Heavy Motor Vehicle. Heavy Motor Vehicle includes heavy vehicles like trucks, buses, tourist coaches, cranes, goods carriages, etc. A person with HMV license can drive light vehicles but a person having Light Motor Vehicle License is not permitted to drive heavy vehicles.

7.   International Driving License

The motor licensing authority also issues International Driving License. A person visiting the country is required to collect the license from there within one year period. Documents which are required to produce address proof, birth certificate, valid passport and valid visa. The validity of this license is for one year.

Age limit for obtaining the driving license

Anyone who is above 18 years of age is eligible to obtain a driving license by following the prescribed procedures. But a person who is under the age of 16 years can drive a motor vehicle of engine capacity not exceeding 50cc.[7]No person under the age of 20 years shall be eligible to drive a transport vehicle.

Documents required for obtaining a driving license:-

An application for a driving license shall be made in form no.4 and shall be accompanied by:[8]

  • You need an effective learner’s license to drive the vehicle of the type to which application relates.
  • You have to pay appropriate fee as specified for the test of competence to drive and issue of license.
  • Nationality Proof and citizenship Proof. (Attested photocopies)
  • One recent passport size photograph
  • A driving certificate in Form No. 5 & 14 issued by the school or establishment from where you received instructions.
  • Category of the vehicle, you are applying for the license.

Suspension of driving license

According to section 19 of The Motor Vehicles Act, 1988 a license can go for suspension if he has caused death or grievous hurt of one or more persons. Conditions where Licensing Authority can revoke a license are:

  • Habitual Criminal
  • Drunkard
  • Addicted to Psychotropic substances and Narcotic Drugs.
  • Does any fraud or misrepresentation in obtaining the Driving Licence.
  • Has used or is using a motor vehicle in the commissioning of offenses.
  • Driving to cause danger to public based on previous conduct.
  • Any person, who is under the age of 18 years, has been granted the learner’s license, but at present, he is not under the care of such guardian.

In case the vehicle is lost or destroyed or become permanently incapable[9], the registering authority has the power to cancel the registration of the vehicle.

The driver of any motor vehicle is duty bound to produce a license for examination if called by the authorities. Another thing is that if one’s vehicle is involved in any accident then, the person is duty bound to stop the vehicle.[10]

Law relating to Pedestrian

Indian law under the Motor Vehicle Act, 1988 and other related act provide for preventing the vehicles from running on footpaths. There are various Acts that safeguard pedestrian rights indirectly. The Indian Penal Code (1860) sections 279,[11] 304 (Punishment for Culpable Homicide not Amounting to Murder), and 336[12]/337/338 protects the public, which includes pedestrians, against rash driving and negligence by motorists. The Motor Vehicles Act (1988), sections 7-38 talks about penalizing the motorists exceeding speed limits and license regulation, etc., indirectly protecting vulnerable road users. Section 138 clause (h & i) empowers the State Government to prevent motor vehicles from using the pavements for driving or parking. The Rules of the Road Regulation (1989) has three rules mentioning pedestrians or their right of way, which are:

  • The duty of the driver to slow down when approaching a pedestrian crossing (Rule 8)
  • That no driver can park a motor vehicle near a traffic light or on a pedestrian crossing or a footpath (Rule 15)
  • Motor vehicles are not allowed to drive on the footpaths or cycle lane except with permission from the police officer on duty (Rule 11)

The Municipal Corporation Acts also protect public roads and streets by terming all obstructions illegal unless made with the prior permission of the collector. They are entitled to ascertain the footpath width based on a width of the public roads. Under the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act (1995), the government must provide for auditory signals, engraving on the zebra crossings, slopes in pavements for easy access to a wheelchair, and warning signs at appropriate places.[13]

Drunken Driving 

Impairment by alcohol is a major factor in causing accidents and it has been found in a study that alcohol was present in between 33% and 69% of fatally injured drivers, and in between 8% and 29% of drivers involved in crashes who were not fatally wounded. Alcohol consumption by drivers also puts pedestrians and riders of motorized two-wheelers at highest risk. Section 184 of The Motors Vehicles Act, 1988 talks about driving by a drunken person or by a person under the influence of drugs. It 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 two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.family owned vs. professionally managed

Section 205 talks about presumption of unfitness to drive and states that  in any proceeding for an offence punishable under section 185 if proved that the accused when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a  blood sample for a laboratory test, his refusal, omission or failure may, unless reasonable cause, therefore, is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence presented  on behalf of the defence, with respect to his condition at that time.[16]

Penalties for traffic offenses 

Key:

  • RRR: Rules of Road Regulations 1989
  • MVA: Motor Vehicles Act 1988
  • MMVR: Maharashtra Motor Vehicles Rules 1989
  • CMVR: Central Motor Vehicles Rules 1989

 

1. OFFENCES RELATED TO DOCUMENTS
S.NOOFFENCESMAXIMUM PENALTYSECTION
1.1Driving without a Valid LicenseRs. 500/- and /or imprisonment ( 3 months)3 r/w 181 MVA
1.2Allowing vehicle to be driven by a person who does not possess a Valid License.Rs. 1000/- and/or imprisonment ( 3 months)5 r/w 180 MVA
1.3Not carrying documents as required.Rs. 100/-130(3) r/w 177 MVA
1.4Driving without Valid Insurance.Rs. 1000/- and/or imprisonment ( 3 months)130 r/w 177 MVA
1.5Driving without Valid Permit.Rs. 5000/- ( not less than Rs. 2000/-)130 r/w 177 MVA
1.6Driving without Valid Fitness.Rs. 5000/- ( not less than Rs. 2000/-)130 r/w 177 MVA
1.7Vehicle without R.C.Rs 2000/-39 r/w 192 MVA

 

2. OFFENCES RELATED TO DRIVING
S.NOOFFENCESMAXIMUM PENALTYSECTION
2.1.1Driving by Minor .Rs. 500/-4 r/w 181 MVA
2.1.2Allowing Unauthorized person to drive .Rs. 1000/-5 r/w 180 MVA
2.1.3Driving without Helmet.Rs. 100/-129 r/w 177 MVA
2.1.4Seat Belts not fastened.Rs. 100/-138(3) CMVR

177 MVA

2.1.5Rough/Rash/Negligent Driving .Rs. 1000/-184 MVA
2.1.6Dangerous or hasty Driving.Rs.1000/-

and/or imprisonment

( 6 months)

112-183 MVA
2.1.7Not Driving in Proper Lane.Court Challan66 r/w 192 MVA
2.1.8Driving in the center and not to left side.Rs.100/-2 RRR r/w 177 MVA
2.1.9Driving against One Way.Rs.100/-17 (i) RRR 177 MVA
2.1.10Reversing without due care and attention.Rs. 100/-MMVR 233

177 MVA

2.1.11Taking “U” turn during outlawed hours.Rs.100/-12 RRR

177 MVA

2.1.12Failing to take precaution while taking a “Turn”.Rs.100/-3 RRR

177 MVA

2.1.13Failing to decelerate at intersection.Rs.100/-8 RRR

177 MVA

2.1.14Failing to carry on left of traffic island.Rs.100/-2 RRR

177 MVA

2.1.15Carrying persons on Footboard.Rs.100/-123-177 MVA
2.1.16Carrying persons causing hindrance to the driver.Rs.100/-125-177 MVA
2.1.17Trippling.Rs. 100/-128/177 MVA
2.1.18Driving on Footpath.Rs.100/-RRR 177 MVA
2.1.19Stopping at pedestrian crossing or crossing a Stop Line.Rs.100/-RRR 177 MVA
2.2Road Marking Related Offences
2.2.1Violation of Yellow Line.Rs. 100/-119/177 MVA
2.2.2Violation of Stop Line.Rs. 100/-113(1)/177 DMVR
2.2.3Violation of Mandatory Signs .Rs. 100/-119/177 MVA
2.3Number Plate Related Offences
2.3.1Use of Offensive Number Plate for vehicle used in driving.Rs.100/-CMVR 105 (2) (ii)

177 MVA

2.3.2Displaying ‘Applied For’.Rs. 4500/-39/192 MVA
2.4Vehicle Light Related Offences
2.4.1Improper use of headlights/tail light for vehicle used in driving.Rs.100/-CMVR 105 (2) (ii)

177 MVA

2.4.2Using High Beam where not required.Rs. 100/-112(G) A DMVR

177 MVA

2.5Horn Related Offences
2.5.1Driving without Horn.Rs. 100/-119(1)/177 CMVR
2.5.2Improper horn usage while driving.Rs.100/-CMVR 105 (2) (ii)

177 MVA

2.6Traffic Police Related Offences
2.6.1Disobeying Traffic Police Officer in uniform.Rs. 100/-119 MVA

22(a) RRR

177 MVA

2.6.2Driving against Police Signal.Rs. 100/-119 r/w 177 MVA
2.6.3Disobeying manual Traffic Signal.Rs. 100/-239 MMVR

22(a) RRR

177 MVA

2.7Traffic Signal Related Offences
2.7.1Disobeying Traffic signal / Sign Board.Rs. 100/-22(b) RRR

239 MMVR

177 MVA

2.7.2Failing to give Signal.Rs. 100/-121 RRR

177 MVA

2.7.3Jumping Signal.Rs.100/-119/177 MVA
2.8Speed and Overtake Related Offences
2.8.1Exceeding the prescribed Speed Limits.Up to Rs.1000/-112-183 MVA
2.8.2Abetment for Over Speeding .Rs.300/-112/183(2) MVA
2.8.3Overtaking perilously.Rs.100/-6 (a) RRR r/w 177 MVA
2.8.4Failing to confer way to sanction Overtaking.Rs.100/-7 RRR

177 MVA

2.8.5Overtaking from Wrong Side .Rs. 100/-RRR 6/1/177 MVA
2.9Other Offences
2.9.1Disobeying Lawful Directions.Rs. 500/-132/179 MVA
2.9.2Driving under influence of Alcohol / Drugs.Rs.2000/-

and/or imprisonment

( 6 months)

185 MVA
2.9.3Using Mobile Phone while Driving.Up to 1000/-184 MVA
2.9.4Leaving vehicle in unoccupied engine.Rs.100/-126-177 MVA
2.9.5Leaving vehicle in unsafe position.Rs.100/-122 177 MVA
2.9.6In case of a minor Accident.Rs. 1000/-184 MVA
2.9.7Playing music while Driving.Rs. 100/-102/177 MVA
2.9.8Driving without Silencer.Rs. 100/-120/190(2)/177 CMVR
2.9.9Driving when mentally or physically unfit.Court Challan186 MVA

 

3. OFFENCES RELATED TO TOWING OF VEHICLES
S.NOOFFENCESMAXIMUM PENALTYSECTION
3.1Two Wheeler.Rs.100/-RRR 177 MVA
3.2Car , Jeep, Taxi, Auto Rickshaw.Rs.200/-RRR 177 MVA
3.3Truck, Tanker, Trailor.Rs.600/-RRR 177 MVA

 

4. OFFENCES RELATED TO POLLUTION
S.NOOFFENCESMAXIMUM PENALTYSECTION
4.1Smoking in Public Transport.Rs. 100/-86(1)(5)/177 DMVR
4.2Pollution Not Under Control.Rs. 100/-99(1)(a)/177 DMVR
4.3Fixing multi-toned/shrill horn.Rs.500/-119 CMVR

190(2) MVA

4.4Blowing Pressure Horn.Rs. 100/-96(1)/177 DMVR
4.5Silencer/muffler making noise.Rs.500/-CMVR 120

190(2) MVA

4.6Smoky Exhaust.Rs.500/-115 CMVR

190(2) MVA

4.7Using horn in Silence Zone.Rs.100/-21(ii) RRR

177 MVA

 

5. OFFENCES RELATED TO MOTOR VEHICLES
S.NOOFFENCESMAXIMUM PENALTYSECTION
5.1Using Vehicle in Unsafe Conditions.Court Challan192 MVA
5.2When motor vehicle is out of state for more than 12 months.Rs.100/-47-177 MVA
5.3Particulars to be printed on transport vehicles.Rs.100/-84(G)-177 MVA
5.4Without WiperRs.100/-CMVR 101

5,12 177 MVA

5.4Without Side Mirror.Rs.100/-5, 7/177 MVA
5.5Defective tyres.Rs.100/-CMVR 94
5.6No indication board on left hand drive vehicle.Rs.100/-120, 177 MVA
5.7Sale of motor vehicle/alteration of motor vehicle in contravention of Act.Rs.300/-52/191 MVA, 32/192.66/192 MV Act
5.8Vehicles fitted with dark glasses/sun films.Rs.100/-100 CMVR

177 MVA

5.9Driving without proper number plate/ illuminating rear number plate.Rs.100/-236 MMVR

177 MVA

5.10Failing to display public carrier board.Rs.100/-116 MMVR

177 MVA

5.11Using private vehicle for commercial purposes.Rs. 5000/-

( not less than Rs. 2000/-)

5.12Any sort of misconduct with passengers, not wearing uniform/not displaying badge.Rs.100/-MMVR 21(18)

177 MVA

5.13Overloading a goods vehicle.Rs. 2000/-plus Rs. 1000/- for every additional ton.MMVR 93(u)(i)

177 MVA

5.14Carrying goods in a dangerous or hazardous manner.Imprisonment and/or fine of Rs. 3000/-29 RRR

177 MVA

5.15Infringement of permit conditions.Imprisonment and/or fine of Rs. 5000/-( not less than Rs. 2000/-)
5.16Use of Colored light on VehicleRs. 100/-97(2)/177 DMVR

 

6. OFFENCES RELATED TO COMMERCIAL VEHICLES
S.NOOFFENCESMAXIMUM PENALTYSECTION
6.1Plying in ‘NO ENTRY’ TimeUpto 2000/-115/194 MVA
6.Violation of Time TableCourt Challan11/177, 2/177, 66/192 MVA
6.2High and Long / Load in VehiclesRs. 100/-29 RRR/177 MVA
6.3Carrying animals in goods vehicles in contravention of rules.Rs.100/-MMVR 83

177 MVA

6.4Carrying persons dangerously or carrying persons in goods vehicles.Rs.100/-MMVR 108

177 MVA

6.5Goods in Passenger Vehicles
6.6Dangerous projection of goods.Rs.100/-229 MMVR

29 RRR

177 MVA

6.7Carrying goods unsecured.Rs.100/-MMVR 202

177 MVA

6.Carrying goods more than 11 feet high.Rs.100/-MMVR 93(u) (i)

177 MVA

6.Limit Of weight and limitation on Use.Court Challan113/194(1) MVA
6.Driver refuses to weigh vehicle.Court Challan114/194(2) MVA
6.9Load on Tail Board.Rs.100/-MMVR 202

177 MVA

6.10Misbehavior by Taxi/TSR Driver.Rs. 100/-11 (3)/177 DMVR
6.11Overcharging by Taxi/TSR Driver.Rs. 100/-11(8)/177 DMVR
6.12Charging without Meter.Rs. 100/-11(8)/177 DMVR
6.13Refusal by Taxi/TSR Driver.Rs. 100/-11(9)/177 DMVR
6.14Driver without Uniform.Rs. 100/-7/177 DMVR
6.14Driver without Badge.Rs. 100/-22(1)/177 DMVR
6.15Conductor without Uniform.Rs. 100/-23(1)/177 DMVR
6.16Conductor without Badge.Rs. 100/-22(1)/177 DMVR
6.17Stopping without Bus stopCourt Challan66/192 MVA
6.18Power to detain Vehicle used in contravention of section 3.4,39 or 66(1) MV Act.Court Challan207(1) MVA

 

7. OFFENCES RELATED TO PARKING
S.NOOFFENCESMAXIMUM PENALTYSECTION
7.1Parking in the direction of flow of traffic.Rs.100/-22(a) RRR

177 MVA

7.2Parking away from footpath towards road.Rs.100/-15(2) RRR

177 MVA

7.3Parking against flow of traffic.Rs.100/-15(2) RRR

177 MVA

7.4Parking causing Obstruction.Rs. 100/-15(2) RRR

177 MVA

7.5Parking on a Taxi Stand.Rs. 100/-15(2) RRR

177 MVA

7.6Parking in not any prescribed manner.Rs. 100/-15(1) RRR

177 MVA

7.7Parking at any Corner.Rs. 100/-15(i) RRR

177 MVA

7.8Parking within 15 meters on either side of Bus Stop.Rs. 100/-15(2) RRR

177 MVA

7.9Parking on Bridge.Rs. 100/-15(2) (i) RRR

177 MVA

7.10Parking at Traffic Island.Rs. 100/-15(i) RRR

177 MVA

7.11Parking in “No” Parking Area.Rs. 100/-15(2) RRR

177 MVA

7.12Parked on Pedestrian Crossing.Rs. 100/-15(2)(iii) RRR

177 MVA

7.13Parking on Footpath.Rs. 100/-15(2)(ii) RRR

177 MVA

7.14Parking in front
 of a gate.
Rs. 100/-15(2)(viii) RRR

177 MVA



INFO. TAKEN FROM

  • https://en.wikipedia.org/wiki/Driving_licence_in_India
  • https://en.wikipedia.org/wiki/Traffic_code
  • http://chdtransport.gov.in/Webpages/RulesandRegulations.aspx#
  • Pictures takes from Google Images






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