By Diksha Sharma
Introduction
The most chaotic time of a day is when we all stuck down in traffic for long time and get late to reach our destinations just like office, home, school etc. At this point of time, we have no choice but to stay jammed and wait for it to be cleared.
Then every single one has to bear the brunt of being late some are scolded by their seniors, some have to miss their important meetings etc.
Each and every one drives in hurry so as not to get stuck in traffic. Consequently, this hurrying does a lot of damage to a person like on our daily basis we hear much news of accidents on roads, increasing traffic and getting caught by traffic police. Even then we do not get famines and we repeat the same mistake again and again.
Sometimes person forgot all the documents of vehicle and after being caught by traffic police he makes excuses and even arguing and fighting with them is so common. But all this is not right; there is only our loss in this as he has to pay fine for it.
Why does everyone not understand that Traffic Police is for us, for our protection that no human should have to bear the brunt because of someone else.
Police are there for our security and every person must understand this thing even if there are traffic police also. Traffic Police are specialized police officers who take responsible of traffic- related incidents. But some people do not understand this and mistreat their way of doing their duty.
Who are Traffic Police Officers?
Traffic Officers are specifically employed to keep an eye on the matters of road safety. They usually deal with the task of road accident and traffic. It does not seem like an important job or task, but it is very difficult to stand in the sun all day in such a deafening traffic and loud horns. They play a vital role in keeping the roads safe.
If there is an accident anywhere on the road, first of all everyone contacts the Traffic Police. Traffic Officers perform a lot of duties on roads that includes closing roads, stopping traffic, place traffic signs and managing traffic.
They perform an absolutely vital role here and make the roads better place to walk.
Duty of Traffic officers includes testing potential drivers for license, inspecting vehicles for roadworthiness, controlling traffic, ensuring effective traffic flow and enforcing laws and regulations which are effective for road safety and prevent any disorder on road. Sometimes they provide evidence in traffic court cases.
What are the powers of Traffic police Officers?
Indian Government has passed Motor Vehicles Act, 1988 which has laid down rules and regulations. It has also granted some powers to our Traffic Police to serve the public by safeguarding their interests.
These powers allow them to check and protect the people. Following is some of the powers:
Section 127 – Removal of motor vehicles abandoned or left unattended on a public place.
“(1) Where any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilization by any means including wheel clamping may be authorized by a police officer in uniform having jurisdiction.
(2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the [public place], or its physical appearance is causing the impediment to the traffic, its immediate removal from the [public place] by a towing service may be authorized by a police officer having jurisdiction.
(3) Where a vehicle is authorized 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.”
This act means if at any public place vehicle is standing for more than 10 years without its owner than also it can be removed by Traffic Police Officer with towing service.
Also if any burnt, unattended or dismantle vehicle or its position in public place cause any hurdle to traffic than Police Officer may authorize the towing service to remove it.
Section 136 – Inspection of vehicle involved in accident
“When any accident occurs in which a motor vehicle is involved, any person authorized in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:
Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours.”
This Section states that if any vehicle is involved in the accident than Police Officer has power to inspect the vehicle and the owner of the vehicle and for this he may enter any place at any time where the vehicle is present and take away the vehicle to check it.
After the examination of vehicle, it must be returned to the owner or driver within 24 hours.
Section 202 – Power to arrest without warrant
“(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody.
(2) A police officer in uniform may arrest without warrant any person, who has committed an offence under this Act, if such person refuses to give his name and address.
(3) A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.”
This Section simply says that if any Police Officer found that the driver is drunk than he may arrest that person without warrant. If Officer founds that the driver has taken the vehicle without consent of the owner or by force or by threatening the owner than the Officer on duty can immediately seize the vehicle and ca arrest the person.
Officers have power to impose fine if they find that any person is unfit to drive, racing on road, rash driving or driving in excessive speed.
The traffic police have power to demand the documents of the vehicle like driving license, registration certificate, insurance policy papers and pollution certificate etc. No person can deny them to show these documents to them as this is the legal duty of a person which he should fulfill.
But some people do not fulfill this duty well even more they argue with police and also fight with them. What do the police do in these cases and what powers do they have?
Consequences of not producing documents to the Traffic Police
Breaking of traffic rules is not only illegal but even dangerous to the safety of road users. The consequences of breaking a traffic law can be very harmful for us as the person can be punished with the fine or sometimes with imprisonment also.
If a person does not produce any document even after demanded by the Police than he has to face following outcomes:
Section 179 of the Motor Vehicle Act, 1988, states – Disobedience of orders, obstruction and refusal of information:
“Whoever willfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees.
Whoever, being required by or under this Act to supply any information, willfully withholds such information or gives information which he knows to be false or which he does not believe to be true, shall, if no other penalty is provided for the offence, be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.”
This above section states that if any person willfully disobeys any legal direction given empowered authority (Police Officer) than he must have to pay fine which may extend to Rs. 500.
Also if the person gives any false information about him or any information which is not true than in this case he will be punished with the imprisonment which may extend to one month or he has to pay fine which may extend to 500 Rs or with both.
With the Motor Vehicles (Amendment) Act, 2019 the amount of fine has been increased from Rs. 500 to Rs. 2000 and imprisonment which may extend to three months.
Conclusion
Know safety, not accident!
This states that safety means there is no accident. This is not a slogan but a call to action. Road safety rules are made for our safety and to protect us from severe accidents which can result in death or many serious injuries. A little carelessness can lead to serious issues and hence it is better for every single person to follow rules.
Following rules will not only protect you from accidents or any miss happenings but will also protect you from paying heavy fines.
Traffic Police just are the agents which make you aware about safety and duties which every citizen should have to fulfill. Every person should be Law obedient and should not screw up with the Police.
In spite of paying heavy fines or better than going to jail every person should listen to the Police and obey them. Each one should carry proper and legal documents with them while driving.
References
- Motor Vehicles Act, 1988