If you ride a bike or a car, how many times have you been stopped by the traffic police for some reason? Being stopped does not always mean that you have violated a traffic rule or committed a crime. The job of the traffic police is to enforce traffic rules on the road and maintain traffic order.
The traffic police can stop you at any time to check your vehicle and your documents, but there are rules about what the police can and cannot do. Along with incidents of people flouting traffic rules, there are also reports of misbehavior by traffic policemen. In such circumstances, the question arises as to whether the traffic police has the legal right to do so?
So, today In work newswe will talk about traffic police and drivers' rights.
- What powers do traffic police have?
- Where to complain if the traffic police misbehaves?
Expert: Ravi Ranjan Mishra, Advocate (Supreme Court)
Question- If a traffic policeman stops you on the road, what should be kept in mind? Answer- Advocate Ravi Ranjan Mishra says the traffic police have the right to stop drivers and look at vehicle documents or ask questions. If you are asked to stop, it does not mean that you have done anything wrong. Traffic police can stop drivers even just for routine questioning. So, if you have not broken any traffic rule and the traffic police stops you, keep these things in mind –
Q- What are the powers of traffic police? Answer- Like drivers, traffic police also have certain special powers under the law, which they use to enforce traffic rules or maintain road safety. The traffic police can charge fines or impound the vehicle for violating traffic rules and not having complete vehicle documents. Apart from this, in case of misbehavior with the traffic police, arrest can also be made.
Question: How can traffic police not treat motorists? Answer- If you follow the traffic rules then there is no need to worry about the police. The traffic police may stop you and question you or ask for proper documents, but this does not mean that the policeman should misbehave with the driver in the name of checking the vehicle. By doing this the driver can file a complaint against the traffic policeman to the higher authorities.
Q- Can a policeman take your car or bike keys? Answer- If you cooperate during the checking, you can refuse the police officer to remove the key. No police officer can take away the keys of two-wheeler or four-wheeler. A Right to Information (RTI) was filed in this regard by advocate Pawan Parikh, in response to which it was clarified that a traffic police officer, irrespective of rank, does not have the right to forcibly remove the keys of a vehicle.
Question- What should be taken care of if a challan is issued for violating traffic rules? Answer: Traffic police issue challans for violation of traffic rules or absence of official documents. It serves as legal proof of the offense with provisions for the amount of penalty. In the case of a challan, it is important to get a receipt because late payment of the challan can lead to higher fines, license suspension or vehicle impoundment.
If your vehicle challan is issued by the traffic police, definitely check these things in the challan. such as-
- Check every detail given in the challan carefully. The fine amount is written according to the traffic rule you have broken or not.
- Also confirm the court details where the challan is to be settled.
- Try to pay your invoices promptly. Because it can also get a discount on the penalty amount. Many states also have online challan payment facility to ease the process.
Q- Where can I complain about a traffic policeman?
Answer- Advocate Ravi Ranjan Mishra says, if a traffic cop misbehaves with you in any way, you should treat him with caution and courtesy on the spot. During this time, remember the name and number written on the traffic police batch. After this, you can make a written complaint regarding the matter to DCP Traffic or any other senior officer by sending an email or visiting their office.
Q- Who is exempted from not wearing a helmet?
Answer- According to the helmet regulation and law in India, wearing a helmet is mandatory for all two-wheeler drivers in the country. According to section 129 of this rule, driving a two-wheeler without a helmet can result in a fine of Rs 5000 and the driving license can be suspended for three years. However, if a Sikh wears a turban while riding a bike or scooter, he is allowed to ride the bike without a helmet.
Apart from this, if a person has undergone any surgery on his neck which makes it difficult for him to wear a helmet, he is also exempted from wearing a helmet. However, for this one has to show the documents related to the surgery as proof.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
