You are driving slowly along the road, with your seatbelt on, abiding by all the traffic rules and minding your own business. Suddenly, you stumble upon a traffic policeman, who motions at you to pull over and halt. At that moment, an adrenaline rush comes into your mind, and you start thinking about what did you wrong – maybe a little bit of fear, frustration, and even some aggression build up in you.
If you ever find yourself in this or maybe in this kind of situation one day, then it will be good enough for you to know your rights as a driver.
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You can ask the cop to show you his identification:
Note that you may be stopped by traffic police for routine checks although you are breaking no rules whatsoever. That is their job to keep the roads safe and implement all regulations. So, you need not get worried or feel that you have done something wrong.
If stopped, feel free to ask why. Polite! Feel free to request their ID if it’s not clear. If the person stopping you is in casual clothes and cannot show any identification, you may politely decline to give over your documents.
Quick Tip: Always carry these documents in your glove box or DigiLocker app: driver’s license, vehicle registration certificate (RC), insurance certificate, and pollution under control certificate.
Let’s assume that the authority already seized the license. Maybe for some old traffic violation. In this case, you can show a receipt or acknowledgment stating that your license is elsewhere.
If such a document is not produced when sought, heavy fines and penalties can be levied.
Challan Process: Knowing Your Rights and Contesting
You are fined, and a challan is issued. The traffic policeman either carries a challan book or an e-challan machine. If they seize any of your documents, including your license or insurance papers, ask for a receipt-do it!
Also, do not forget that while under the Motor Vehicle Act challan up to Rs 100 can be slapped by any constable but challan over this amount can only be charged by an ASI and above. So, it is in good knowledge that you are being issued the fine to avoid possible misunderstanding and annoyance in case of menace!
Tip: How to locate traffic police: Their uniform is a good marker: constables to ASIs wear white, while inspectors and above wear khaki.
Pro Tip: If you feel a challan is wrong, you have the right to dispute it. Salil Tiwari believes that “virtual courts have made the process of disputing a challan less painful for the public.” You can even raise a hearing request from the virtual court website under the “contest challan” option.
Here, a magistrate sitting online will listen to the case. In some places, you can even complain about an incorrect eChallan on the Parivahan eChallan website. You may even get compensated for a wrong challan, such as one in Srinagar.
Tyre puncture
This is a biggie: traffic police are not allowed to take your car keys or deflate your tyres, and cannot tow your vehicle if a person is still inside. If you ever feel you are being harassed, you have the right to file an official complaint at the nearest police station.
Remember that while cooperation is always a virtue, you have the right to decline to let him or her search your vehicle if he cannot establish a valid reason or probable cause to believe that evidence of a crime may be present.
Pro Tip: Do not yield to the illegal demands of traffic police. Salil Tiwari says, “Let them seize your license if required but do not offer any bribe. If you are harassed, file a detailed complaint with the traffic department, mentioning the officer’s details, and send it by registered post.”
You can clear the fine later, but till then, your license will remain with the authorities. They will retain it as a guarantee. So clear off the fine as early as possible to get back your license.
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