LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

padmaja vishwanathan (xyz)     06 January 2010

traffic rule-possession of document necessary?

i was stopped by a cop during routine vehicle inspection of documents. i was not carrying document(insurance document) at that point of time but however i hav them in my home.but the cop insisted to pay fine for non-possesion of doc inspite of my request to bring and show them.

i would like to know whether carrying or possesion is must?

 

 



Learning

 3 Replies

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000)     06 January 2010

Dear Vishwanathan ji, 

Any person driving a motor vehicle in any public place, on

demand by a police officer in uniform or officers of Motor

Vehicles Department, failing to produce

(a) the certificate of insurance;

(b) the certificate of registration;

(c) the driving licence; and in case of a transport vehicle

(d) certificate of fitness,

 

Driving without Valid Insurance. Rs. 1000/- and/or imprisonment ( 3 months). 130 r/w 177 MVA.

Regards,

Rajiv Chauhan (Advocate)

Shimla, Himachal Pradesh

rajivrajchauhan@yahoo.com

Feroz M Shafeeque (Police Officer)     06 January 2010

Read 158(3) of MV Act.

158(3) No person shall be liable to conviction under sub-section (1) or subsection (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer-in-charge of the police station at which he reported the accident:

 

So possession of insurance certificate is not mandatory while driving vehicle.

Also punishment for driving uninsured vehicle is given in Sec. 196 of MV Act.

196. Driving uninsured vehicle.
Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

2 Like

Daksh (Student)     07 January 2010

Kudos Feroz M Shafeeque,

Hats off to you Sir.

Mr.Padmaja Vishwanathan in case the matter is posted before the concerned court go and make a representation and submit that this is a bonafide unintentional mistake and won't happen again.

Best regards

Daksh


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register