Theme: Traffic Rules and Fines

Under what circumstances can my driving license be revoked?

The licensing authority can revoke your license or disqualify you from holding a license in the following cases:

  • If you have a disease or disability that renders you incapable of driving the motor vehicle for which you have a license(( Section 16, The Motor Vehicles Act, 1988.))
  • If you are a habitual criminal or a habitual drunkard(( Section 19(1)(a), The Motor Vehicles Act, 1988.))
  • If you are addicted to any drugs listed under the Narcotic Drugs and Psychotropic Substances Act, 1985(( Section 19(1)(b), The Motor Vehicles Act, 1988.))
  • If you have used a motor vehicle to commit a crime which is cognizable in nature (police can arrest you without a warrant)(( Section 19(1)(c), The Motor Vehicles Act, 1988.))
  • If you have a record of driving in a manner which is dangerous to the public or causes a nuisance to the public(( Section 19(1)(d,f), The Motor Vehicles Act, 1988.))
  • If you have obtained your license by providing incorrect information or by fraud(( Section 19(1)(e), The Motor Vehicles Act, 1988.))
  • If you have been ordered to give a fresh driving test, but you have failed that test(( Section 19(1)(g), The Motor Vehicles Act, 1988.))
  • If you are under 18 years of age hold a learner’s/driving license under the case of an adult, and are no longer in their care.

I am driving my car in Delhi when I am stopped by the traffic police and asked to show my documents. What documents do I have to carry? Do all the documents have to be original documents or are photocopies enough?

For a private motor vehicle like your car, you should carry your original driving license and Pollution Under Check (PUC) Certificate, and originals or photocopies of your registration certificate and insurance certificate(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)). If you are not carrying originals of your certificate of registration or insurance certificate, you may be required to produce the originals before a competent authority within 15 days(( Section 38(3), Motor Vehicles (Driving) Regulations, 2017.)).

Instead of a physical copy, you may carry an electronic copy of your required documents(( https://parivahan.gov.in/parivahan/sites/default/files/NOTIFICATION%26ADVISORY/17th%20Dec%202018.pdf; Section 4, Information Technology Act, 2000.)). These electronic records available on DigiLocker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000.

If I help road accident victims, will I get in trouble or harassed by the police?

Timely help given to a road accident victim can mean the difference between life and death for them. People should be encouraged to be good samaritans, who in good faith and without expectation of reward or duty of care, provide assistance to a victim of a road accident. However, witnesses or bystanders often hesitate to help due to the fear of:

  • Legal hassles
  • Being asked to repeatedly appear as a witness in court
  • Repeated questioning or harassment by the police
  • Payment of charges or fees at hospitals

To address this issue, the Supreme Court and the Ministry of Road Transport and Highways gave effect to the Good Samaritan Law. It prohibits harassment of good samaritans by police or the hospitals when they bring in or report about an accident victim. The salient features of the Law are:

  • A bystander or good samaritan who takes an accident victim to a hospital should be allowed to leave immediately after,  no questions asked.
  • They shall be rewarded/compensated in a manner specified by the State governments, to encourage others to follow suit.
  • They shall not be liable for any civil or criminal liability arising out of the accident
  • They can maintain their anonymity when reporting the accident to the police on phone. They cannot be compelled to reveal their identification details.
  • The same provision of anonymity shall apply to the Medico-legal Form in hospitals. In both places, the good samaritan can voluntarily provide their details.
  • In case the good samaritan agrees to be a witness in the case, and is required for investigation by police, they may be examined once. Thereafter they should not be harassed or intimidated by the police and the same should be ensured by the State government through appropriate methods.
  • Hospitals are not to detain good samaritans or demand treatment costs from them.

If a doctor does not provide immediate emergency care as required  in an accident case, it shall constitute ‘professional misconduct’(( Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002 Chapter 7, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulation, 2002.)) and be a cause for disciplinary action.

Driving Without A License

While driving, it is mandatory to keep a copy of a valid Driving License with you at all times1, and present it to a police officer on demand2. Now, you can also carry an electronic copy of your driving license in the DigiLocker or mParivahan app3. If you hold a valid driving license but do not have it when an officer asks you to produce it, you may be punished with a fine between Rs. 500 and Rs. 1,0004. You may alternatively produce it to the officer/authority who has asked you for it, within a stipulated time period, which varies across states5. 

 If your license has been submitted to or seized by, governmental authority or officer, then you must produce a receipt or any other form of acknowledgement, and produce the license within a stipulated time period that varies across states2. 

If you drive a vehicle and you do not possess a driving license or have not attained the required age to drive it, then your vehicle can be seized and detained by a police officer6. Furthermore, you can be punished with a fine of Rs. 5,000 or with jail time of up to 3 months, or both7.

The applicable fine amount might vary across states. Given below are the fine amounts of different offences for two states.

State Type of Vehicle Fine Amount (In INR)
Delhi Not applicable 5,000
Karnataka Two/Three-Wheeler 1,000
Light Motor Vehicle 2,000
Others 5,000
  1. Section 6(3),  Motor Vehicles (Driving) Regulations, 2017. [↩]
  2. Section 130(1), The Motor Vehicles Act, 1988. [↩] [↩]
  3. Section 139, Central Motor Vehicles Rules,1989. [↩]
  4. Section 177A, The Motor Vehicles Act, 1988. [↩]
  5. Section 130(4), The Motor Vehicles Act, 1988. [↩]
  6. Section 207(1), The Motor Vehicles Act, 1988. [↩]
  7. Section 181, The Motor Vehicles Act, 1988. [↩]

Driving a vehicle without a registration

It is mandatory to register motor vehicles before driving them1, and after getting your vehicle registered, you will receive a Registration Certificate (RC) (( Section 41, The Motor Vehicles Act, 1988.)). It is mandatory to carry the original copy or electronic copy of the RC and to display a registration mark on your vehicle2. 

If you drive or allow a motor vehicle to be driven without registration, you can be punished with a fine between Rs. 2,000 to 5,000 for the first offence, and with jail time of up to 1 year, or a fine between Rs. 5,000 and 10,000, or both, for any subsequent offence3. The applicable fine amount might vary across states. 

You cannot be fined for not having the Registration Certificate only for the following reasons4:

  • Conveyance of persons suffering from sickness or injuries
  • Transport of food or materials to relieve distress or of medical supplies 

However, you must inform the Regional Transport Authority (RTA) of your state within 7 days that you are using a motor vehicle for the two reasons given above, otherwise you can be fined. 

Given below are the fine amounts for two states:

State Frequency of Offence Fine Amount (In INR)
Delhi First offence 2,000 – 5,000
Any subsequent offence 5,000 – 10,000
Karnataka Two/Three-Wheeler 2,000
Light Motor Vehicle

 

 3,000
Medium/Heavy Vehicle and Others 5,000
  1. Section 39, The Motor Vehicles Act, 1988. [↩]
  2. Section 139, The Motor Vehicles Rules, 1989. [↩]
  3. Section 192(1), The Motor Vehicles Act, 1988. [↩]
  4. Section 192, The Motor Vehicles Act, 1988. [↩]

Driving a vehicle without a PUC Certificate

It is mandatory for all motor vehicles, except motorcycles of engine capacity less than 70 cc, to have a Pollution Under Control Certificate (PUC)1. This certificate indicates that the emissions from your vehicle are under control, and in accordance with the law. This PUC certificate can be easily obtained from any certified pollution check centre, which is present at petrol pumps and car repair shops.

You must get a PUC Certificate for your vehicle within a year of the registration2 of that vehicle, and it is mandatory to carry this certificate in your vehicle, and must be presented when asked for by a police officer2. A PUC Certificate is only valid for a limited period of time, and it is important that you renew your PUC certificate before it expires, otherwise, you will be fined.

If you do not have a PUC certificate, you will be punished with a fine of at least Rs. 500 for the first offence, and a fine of at least Rs. 1,500 for every subsequent offence3. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Frequency of Offence Fine Amount (In INR)
Delhi First offence 500
Any subsequent offence 1,500
Karnataka First offence 500
Any subsequent offence 1,000
  1. Section 115(1)(7), Central Motor Vehicles Rules, 1989. [↩]
  2. Section 115(7), Central Motor Vehicles Rules, 1989. [↩] [↩]
  3. Section 177, The Motor Vehicles Act, 1988. [↩]

Underage Driving

You have to be above a certain age to drive motor vehicles in a public place. Given below are the age limits stipulated by the law:

  • To drive any motor vehicle (except a motorcycle with an engine capacity of fewer than 50 cc): 18 years1 
  • To drive a motorcycle with an engine capacity of fewer than 50 cc: 16 years1 
  • To drive a transport vehicle (for example, a truck): 20 years

If you are under the age required to drive a particular type of motor vehicle, but you drive it anyway, then you can be punished with a fine of Rs. 5,000 or with jail time of up to 3 months, or both2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Type of Vehicle Fine Amount (In INR)
Delhi Not applicable 5,000
Karnataka Two/Three-Wheeler 1,000
Light Motor Vehicle 2,000
Others 5,000
  1. Section 4(1), The Motor Vehicles Act, 1988. [↩] [↩]
  2. Section 181, The Motor Vehicles Act, 1988. [↩]

Dangerous Driving

If you drive a motor vehicle at a speed or in a manner which is dangerous to the public, or which causes a sense of alarm or distress to the occupants of the car, other road users and persons near the road, it is known as dangerous driving1. Listed below are some instances of dangerous driving:

 

  • Jumping a red light. 
  • Violating a stop sign. 
  • Using any handheld communication devices, like mobile phones, while driving. 
  • Passing or overtaking other vehicles unlawfully. 
  • Driving against the flow of the traffic, such as driving on the wrong side. 

If you drive dangerously, you will face jail time between six months to a year, or a fine between Rs. 1,000 to Rs. 5,000, or both, for the first offence. For every subsequent offence, if committed within three years, you will be punished with jail time of up to 2 years, or a fine of Rs. 10,000, or both1. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 1,000 – 5,000 
Any Subsequent Offence 10,000
Karnataka First offence   1,000 – 5,000

(Not including the fine for the use of handheld communication devices while driving)
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩] [↩]

Triple Riding on a two wheeler motorcycle

While driving a two-wheeled motorcycle, you have to make sure that: 

  • Only two people, including the driver, are sitting on the two-wheeler motorcycle1. 
  • The second person should be sitting on a proper seat, which is securely fixed to the two motorcycles1. 

If you violate these two conditions given above, you can be:

  • Fined for at least Rs. 1,000, although the applicable fine amount might vary across states.  
  • Disqualified from holding your driving license for a period of three months2. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 1,000
Karnataka 500

 

  1. Section 128(1), The Motor Vehicles Act, 1988. [↩] [↩]
  2. Section 194C, The Motor Vehicles Act, 1988. [↩]

Using mobile phones while driving

You cannot use a mobile phone while driving any motor vehicle, as it can pose a danger to the driver and the public. It can also be considered as dangerous driving, for which, you will be punished with:

  • First Time (First Offence): Jail time between 6 months to 1 year or a fine between Rs. 1,000 to Rs. 5,000, or both1. The applicable fine amount might vary across states.
  • Subsequent Offence: If you commit this offence within three years of committing your first offence, you will be punished with jail time of up to 2 years or a fine of Rs. 10,000, or both1. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 1,000 – 5,000

 
Any Subsequent Offence 10,000
Karnataka First Offence Two/Three-Wheeler – 1,500 

Light Motor Vehicle – 3,000 

Others – 5,000

 
Any Subsequent Offence 10,000
  1. Section 184, The Motor Vehicles Act, 1988. [↩]

Not wearing a helmet while driving

Anyone who drives a two-wheeler motorcycle has to wear a helmet or protective headgear (( Section 129, The Motor Vehicles Act, 1988.)). Further, every person, including children above 4 years of age1, who is riding the two-wheeler motorcycle must also wear a helmet. This headgear must have two features1:

  • It can be reasonably expected to provide a degree of protection from injury in case of an accident. 
  • It is securely fastened to the head of the wearer (such as, by straps).

Only Sikh people who are wearing a turban and women need not compulsorily wear a helmet1. However, this exception varies across states. 

If you do not wear a helmet while driving, you will be punished with a fine of at least Rs. 1,000 and you will be disqualified from holding your license for 3 months2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 1,000
Karnataka 500
  1. Section 129, The Motor Vehicles Act, 1988. [↩] [↩] [↩]
  2. Section 194D, The Motor Vehicles Act, 1988. [↩]

Driving a defective/Unsafe Motor Vehicle

You cannot drive, or allow someone to drive, a motor vehicle that has any defect which either you (owner) knows about or could have known about through ordinary care, which makes the car dangerous to other persons or vehicles1. For example, if the brakes of your vehicle are not functioning properly, your vehicle will be considered defective. 

The penalties for driving a defective motor vehicle are as follows1:

  • If you drive or allow anyone to drive a defective motor vehicle, then you will be punished with a fine of at least Rs. 1,500. The applicable fine amount might vary across states. 
  • If such a vehicle causes an accident that results in bodily injury or damage to property:
    • For the first offence, you will be punished with a fine of Rs. 5,000 or jail time of up to 3 months or both. The applicable fine amount might vary across states. 
    • For every subsequent offence, you will be punished with a fine of up to Rs. 10,000 or jail time of up to 6 months. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

State Offence Frequency of Offence/Type of Vehicle Fine Amount (In INR)
Delhi Driving an unsafe/defective vehicle Any offence 1,500
Driving an unsafe/defective vehicle, resulting in an accident that causes bodily injury or property damage First offence 5,000
Any subsequent offence 10,000
Karnataka

 

 Using vehicle in an unsafe condition

 

 Two/Three-Wheeler

 

 1,500

 
Light Motor Vehicle, Heavy Motor Vehicle and Others 3,000
  1. Section 190(1), The Motor Vehicles Act, 1988. [↩] [↩]

Owning a Vehicle without a horn

 

Your vehicle should be mandatorily fitted with an electric horn that is capable of giving sufficient and audible warning that the vehicle is approaching1.  If you own a motor vehicle which does not have a horn, then you will be punished with a fine of at least Rs. 500 for the first offence, and Rs. 1,500 for every subsequent offence2. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

 

 

State Frequency of Offence Fine Amount (In INR)
Delhi First Offence 500 
Any Subsequent Offence 1,500
Karnataka First offence   500
Any Subsequent Offence 1,000
  1. Section 119, Central Motor Vehicles Rules,1989 [↩]
  2. Section 177, The Motor Vehicles Act, 1988. [↩]

Not following Traffic Signals and Signs

Traffic Signals

Under the law, a traffic light, traffic signal or stoplight is a signalling device positioned on roads to indicate when it is permissible to drive. The traffic signal passes on its information using a universal colour code1:

  • Red Light: Stop the vehicle
  • Yellow Light: Slow down the vehicle/get ready to move
  • Green Light: Move the vehicle

Every person who is driving a motor vehicle has a duty to follow traffic signals (( Section 12, The Motor Vehicles (Driving) Regulations, 2017.)). If you do not follow traffic signals, you will be fined. For example, if the traffic signal is red at an intersection, and you begin driving your car or do not stop driving your car, then you will be fined.

The amount of fine you have to pay varies from state to state, but you will have to pay at least a fine between Rs. 500 and Rs. 1,0002. The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Fine Amount (In INR)
Delhi 500 – 1,000
Karnataka 500 – 1,000

 

Traffic Signs and Orders

Every person who is driving a motor vehicle has a duty to follow traffic signs, driving regulations and any directions given by traffic or police officers3. 

If you do not follow traffic signs, driving regulations or orders given to you by the traffic officer, you will be fined. For example, if you take a U-turn on an intersection where such a turn is clearly prohibited, you may be fined. 

For a full list of traffic signs with illustrations, please see the First Schedule of the Motor Vehicles Act, 1988, which you can access here.

The amount of fine you have to pay varies from state to state, but you will have to pay at least a fine of Rs. 500 for the first offence, and a fine of Rs. 1,500 for every subsequent offence (( Section 177, The Motor Vehicles Act, 1988.)). The applicable fine amount might vary across states. 

Given below are the fine amounts for two states:

State Offence Frequency of Offence Fine Amount (In INR)
Delhi Disobeying traffic signs First offence 500

 
Any subsequent offence 1,500
Karnataka Disobeying traffic signs First offence 500
Any subsequent offence 1,000
  1. Section 12, The Motor Vehicles (Driving) Regulations, 2017. [↩]
  2. Section 177A, The Motor Vehicles Act, 1988 [↩]
  3. Section 119, The Motor Vehicles Act, 1988. [↩]

Disobeying the speed limit

It is an offence to drive beyond the speed limit specified for a road. Most streets and roads have a sign with a number on it that signifies the maximum speed limit for that street or road. For example, if the speed limit in a school zone is 25 kmph, and you drive at 60 kmph, then you are over-speeding and can be punished. 

Given below are the minimum punishments for over-speeding for different kinds of motor vehicles:

  • For over-speeding a light motor vehicle, the fine amount is between Rs. 1,000 and 2,000. For any subsequent offence, your driving license can be impounded1.  
  • For over-speeding a medium goods vehicle, a medium passenger vehicle, a heavy goods vehicle or a heavy passenger vehicle, the fine amount is between Rs. 2,000 and Rs. 4,000. For any subsequent offence, your driving license can be impounded2.  

The applicable fine amount might vary across states. Given below are the fine amounts for two states:

State Vehicle Fine Amount (In INR)
Delhi Light Motor Vehicle 1,000 – 2,000
Medium/Heavy Vehicle 2,000 – 4,000
Karnataka Two/Three-Wheeler and Light Motor Vehicles 1.000
Medium/Heavy Motor Vehicle 2,000

 

Given below are speed limits for different kinds of vehicles on different kinds of roads in India3. 

 

Maximum speed per hour in kilometers on roads in India
Type of Motor Vehicle Expressway with Access Control 4 Lane and Above Carriageway (Roads with Median Strips/Dividers) Road within Municipal Limits Other Roads
Motor vehicles with  a maximum of 8 seats, in addition to the driver’s seat 120 100 70 70
Motor vehicles with nine or more seats in addition to the driver’s seat 100 90 60 60
Motor vehicles used for carriage of goods 80 80 60 60
Motorcycles 80 (If allowed on the expressway) 80 60 60
Four-wheeled vehicles –  60 50 50
Three-wheeled vehicles –  50 50 50
  1. Section 183(1)(i)(iii), The Motor Vehicles Act, 1988. [↩]
  2. Section 183(1)(ii)(iii), The Motor Vehicles Act, 1988. [↩]
  3. https://morth.nic.in/sites/default/files/notifications_document/Draft_Notification_no_S_O_1522E_dated_6_4_2018_regarding_Revised_Speed_Limits_0.pdf [↩]