[Victor-whiskey]

Mods I could not find a separate thread for this post. Please merge it in appropriate thread if it exist.

What are the exact responsibilities or obligations of Traffic police in case of damage to an owners vehicle during towing?

Dehradun Police is generally active during peak traffic hours to control traffic. They generally place the traffic challan under the wiper blade and proceed ahead. But today I saw another debauncle. Today morning while I was returning to home after having breakfast with my wife, I saw a police towing vehicle based on TATA 207 towing a Honda City. The reason it caught my attention was that the handbrakes on NHC were still applied and the tyres were making a lot of screeching noise. Now we all know tyres don't come cheap. The NHC was towed in the similar fashion for about 6 kms and the rear tyres were locked and making the screeching noise throughout. I want to know what obligation police has to the owner if the vehicle for any damages during such acts by the police. And if yes, police do have some obligation, then how do we demand the charges against such damages?

[sachinpk]

Originally Posted by Victor-whiskey

What are the exact responsibilities or obligations of Traffic police in case of damage to an owners vehicle during towing?

From what I can understand from multiple sources, there is NO responsibilty or obligation on the Traffic Police. The reason being the vehicle was parked violating the existing traffic law, which triggered the next chain of events (i.e towing). The only option perhaps would be to i) prove that the police wrongfully towed the vehicle ii) once it is proved that the police did an incorrect thing, then press for damages incurred to the vehicle.

Section 127 of MV Act gives the powers to the police officers to tow vehicles. Sub-section 127(3) is also clear on - "Where a vehicle is authorised to be removed under sub-section (1) or sub-section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.". Nothing mentioned on vehicle damages at all.

Section 15 of The Rules of Road Regulations, 1989 lists out the situations in which a vehicle can be towed away.

I found another blog which mentions about towing especially under the Municipal Corp. of Delhi (MCD) territory.
Compensation for damages occurred in the course of towing the vehicle
There is no as such provision for compensation if any damage occurred to the vehicle in the course of towing it. When vehicles are towed it is because the person has broken the law.

There has been a change in the speed limits set on various roads of India.
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION

[Victor-whiskey]

So sir it implies that if any damages are there, will the insurance company honour the claims? Since the damages would have been incurred due to negligence on account of the owner due to wrongful parking.

[sachinpk]

Originally Posted by Victor-whiskey

So sir it implies that if any damages are there, will the insurance company honour the claims? Since the damages would have been incurred due to negligence on account of the owner due to wrongful parking.

Insurance company may refuse to honour the claims, because they can claim that the vehicle was used for an unlawful activity/purpose (which led to it being towed away/detained by the police).

[shekatkar31]

Hi,

Reviving an old topic again. Yesterday I was caught by a cop in Delhi saying that luggage carrier is not allowed on private vehicles and he asked me to get it removed at the earliest.

I think this is also related to the present issue of the bull-bar ban which was stayed by Delhi High Court.

Is there any update on the above or does anyone have any idea? Should I get it removed or fight it out the next time a cop stops me?

Would be grateful for any response.

[ank.nsit]

Hey Guys,

I got challaned for over speeding in Delhi.
I was driving at 66kmph as it was a national highway and I assumed the speed to be 70. But it turned out to be 50.

Now, the challan was for Rs. 400 but they have suspended my license for 90 days. And I need to collect the license from the police station after 90days.

I have been issued a license suspension letter which states that I can drive around using that letter.

So what exactly does this suspension mean? What are the restrictions on my license? What if I am caught again for overspeeding?

[raghulsudheesh]

In a significant decision rendered today, the Supreme Court of India has held that no vehicle can be altered in a manner where particulars in the certificate of registration are at variance with those “originally specified by the manufacturer”.

This might have huge implications and might curb things including engine remapping and all. Everybody will have to stick to the standards prescribed by the manufacturer. The judgment can be read here.

[sachinpk]

Karnataka State Govt. has issued a Gazette notification for increasing the fines for certain offences listed in Motor Vehicle Act 1988.
Steep hike in traffic fines: Deccan Herald

Did some cursory checks. The gazette is based on certain provisions in MV Act and other Acts & Rules.
Section 21 General Clauses Act 1897: This section gives a state government the rights to modify, amend, nullify/rescind certain bye laws, in case the state government has the powers to issue them (in the first place).

Section 200 MV Act: This section allows a state government to make offences under MV Act sections 177, 178, 179,181,182,183 (1) & (2), 184,186, 189(1) 190(2),191,192,194,196 and 198 compoundable. "Compoundable" means the government & the accused can pay a prescribed fine and absolved of all charges. Sec 200 MV Act also allows a state government to designate officers, departments & ranks who are authorised to compound an offence.

NOTE: Section 185 - offence of driving when intoxicated is NOT in the list of offences which can be compounded. Such cases would naturally go for "medical" and court appearance. Section 184 - dangerous driving generally is open for more interpretation by the person who detects the offence. Section 177 - is a very generic provision. Any offence (in the Act, CMV rules or other MV rules) for which a punishment has not been listed explicitly, such offences can be compounded by using Sec 177 MV Act.

Looks like KA state is in a bit of "cash crunch" mode .

[deepjaju]

I feel this is all well & good. The upgrade to the law is all nice.

But I personally feel the actual way to improve road sense in people is EDUCATION.

1.) Reduce the validity of the license to 7-10 years.
2.) After expiry, renewal should be based on history. If some violations then educate those aspects. If no violations then direct renew.
3.) Make getting a license like getting a college degree. The more tough it is, the more people will learn to respect it. (Like in the UK, Germany, etc.)
4.) Make the tests online to reduce corruption and leakage.
5.) Make the traffic systems more based on AI (Work is already going on in this field. Like E-Challans with a photographic proof for speeding, stop line violations, gutka spitting - yes I'm not kidding, it's true)
6.) After 5 violations suspend the license for a period of time. Repeat offenders should be canceled.
7.) If the license is canceled due to offense a cooldown period of 6 months to 1 year for re-applying. The process will start from the beginning.
8.) Make the processing part private like in the passport offices to improve efficiency.

These are just a few. If anybody has more points pls add to the list.

[sachinpk]

Originally Posted by deepjaju

5.) Make the traffic systems more based on AI (Work is already going on in this field. Like E-Challans with a photographic proof for speeding, stop line violations, gutka spitting - yes I'm not kidding, it's true)

These are soon coming. One positive development which is nearly 90% done is the centralised & computerised registries for DL and Vehicle Registrations. That gives a good foundation for all other processes.

Mobile phone penetration in India is good, and we also now have the IT capabilities for making simple Tablet/Phone apps. Police vehicles in some cities have already started having tablets fixed. So sooner or later, the checking of licenses (and offences recorded on that) would be happening.

My only hope would be that detection of offences should be automatic, and cannot be police man dependent. That will reduce the chances of bribery.

[truezealous]

Transit period for vehicles from outside Maharashtra is now 60 days

Cars and bikes brought from outside Maharashtra or India can now be in transit for a maximum of 60 days, and not 90. After the 60-day period, the motorist will have to pay local road tax, states a new circular.

A senior official said citizens can pay a nominal tax of not more than Rs 1,500 to keep a car registered in another state but stay in Maharashtra for nearly a year.

source

how will authorities check exact days?

[sachinpk]

Originally Posted by truezealous

Transit period for vehicles from outside Maharashtra is now 60 days
...
how will authorities check exact days?

. The Karntaka Govt. actually piloted this scheme. They made huge money, before the Karnataka HC annulled their amendment in the motor vehicle taxation laws (MV Taxation laws are state laws, and not part of the central MV Act). In KA what they did was to pass the onus to prove that the vehicle is a "new arrival" to the driver. Evidences like fuel bills from other states, toll receipts etc. But KA RTOs also used their local intelligence network to identify people who were having non-KA vehicles used in the state for a long period. They posted their squads in front of apartments, and office complexes; which generally have parking stickers etc. And to be brutally honest; many of these vehicle users were using the vehicles for more than 12 months in KA. Their vehicles were seized and they had to pay the penalty and life time tax to get the vehicle back.

MH can use the same approach.

[sachinpk]

63 clauses of Motor Vehicle Act to be implemented from Sept 1: Gadkari
"In these 63 clauses we have increased the penalties. In case of drunken driving, over speeding and overloading among others, the fine has been increased,” the minister said.

Looks like any amendment which does not require introduction of new Rules or modifications in CMVR is being rolled out on Sep 1st; i.e pretty much a week from now.

[sachinpk]

September 1st 2019. The amended Motor Vehicle Act is going to be active starting today. Heavy increase in fines and other penalties. Salient feature is that; usage of bluetooth devices on Mobile phones are NOT an offence any more. It becomes an offense only when the handset is used directly.
Motor Vehicles (Amendment) Act 2019 comes into force
The Gazette notification

[sachinpk]

The amendments made to Sec 200 of M.V Act is interesting. Section 200 is a legal provision using which state governments can set the penalty for certain offenses, and also make them compoundable offenses. Using this section the state can also notify who are the officials who can levy a spot fine and compund the offense.

The amended section reads..
In section 200 of the principal Act,—
(i) in sub-section (1),—
(a) for the words, figures and brackets “punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or
sub-section (2) of section 183, section 184, section 186, section 189, sub-section (2) of section 190, section 191, section 192, section 194, section 196, or section 198,”, the words, brackets, figures and letters “punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198,” shall be substituted;

(b) the following proviso shall be inserted, namely:—
"Provided that the State Government may, in addition to such amount, require the offender to undertake a period of community service.";

(ii) after sub-section (2), the following provisos shall be inserted, namely:—
“Provided that notwithstanding compounding under this section, such offence shall be deemed to be a previous commission of the same offence for the
purpose of determining whether a subsequent offence has been committed:
Provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation
to complete a driver refresher training course, or the obligation to complete community service, if applicable.”.

To summarize; even though the MV Act has increased the range of fine amount, the state governments can reduce it within their states by issuing a gazette notification. But it would be really interesting to watch which state governments would think about reducing the fines. For many states, MV Petty cases are one quick and easy way to make money. And also note the provision which the state government can use to make the offender take up some community service in addition to paying the fine. The act actually is giving a lot of leeway to state governments on the quantum of punishment part.