Wednesday, February 1, 2023

What is Motor Vehicle Act 1988?

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Every driver experiences pullover by traffic police at least once in his lifetime. The job of
traffic police is to incorporate smooth traffic moments on roads. Another important role of
traffic policemen is to stop any rule-breaking. Most of us aren’t aware of the actual reason
why traffic police ask to pull over. To avoid unnecessary pullovers from traffic man, and
conduct safe driving, one should be aware of their rights and maintain their control. If you
want to know your legal rights while driving on road, then the article is going to help you a
lot. India legal, the provider of latest legal news, keeps updating you with different laws.

What are commuter rights in India?

India is a country where people have a lot of myths and misconceptions about the powers and rules of
a traffic policeman and the rights of commuters. Here we discuss some of the rights a commuter
should be aware of:
1-A policeman has no right to capture your driving license unless you break the rules.
2-Common offenses performed by drivers in India are Drink and driving, vehicle overload,
using phones while driving, jumping red lights at traffic signals.
3-If you have committed a traffic offense, you should have the ability to put forward car
insurance papers, a certificate of pollution under control, and a valid driving license.
4-The rule says a commuter should show papers to the officer who is uniformed with clearly
displaying his name and buckle number.
5-Police can not tow the car of a commuter unless he vacates it.
6-A female commuter has the right to ask for a female cop for a physical search if arrested
after 6 PM.
7-Policeman can’t take away the keys of your car, or forcefully take you out of the vehicle.
8-If you have violated the law or have been arrested, you will be taken to the police station.
If you are detained you can be put ahead of the court within 24
9-The traffic police is the person with absolute authority on the road. A commuter should
follow his/her instructions promptly.

What are your rights when traffic police ask you to pull over?

When traffic police ask you to pull over, be calm, just stop your car, and park it roadside oadside and
provide documents.

1- You have the right to ask the policeman the reason for being pulled over. One thing you should
remember is to be calm and not get into an argument.
2-If you realize that the reason for your action is genuine, discuss the reason with the officer in a
polite manner and ask his pardon. If he finds it genuine, he/she may let you go with a warning.
3-Do does not give bribes to the officer, nor show your influence or connections with influential people
4-If the COP seizes your DL, you have two options, either pay on the spot fine or pay later at the
police station.
5-Traffic police are authorized to request you for the breath test in case he/she suspects you are
driving after consuming alcohol. If you don’t agree to the breath test, you can maybe be arrested.
Breath test gives instant results, which clears immediately whether you have crossed the drink limit.
If you fail on a spot breath test, you have another opportunity to give the breath test again at the
police station before paying penalty. In suspense, he/she can also undergo a drug test to check
whether you are under influence of drugs.
6-If you are handed over with a prosecution slip, you need to check the following information:
1- Details of offense
2-Name and address of the court where you will undergo a trial
3- Date of trial, details of the car
4-Your name and address
5-The name and signature of a police officer
6-List of documents held in by the police
7- You are always open to seeking legal advice from experienced legal consultants.

Whether it is a new driver or a seasoned one, no one wants to come under the radar of
police. Not always you can avoid being stopped by the policeman on the road. The best way
to handle the situation is to be polite and avoid nervousness. Hope you find this article
helpful. For the latest legal news, and information of laws keep visiting

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