Traffic Police gearing up to crack the whip
on violations
Nishikant Khajuria
JAMMU, Sept 11: The enforcement agencies are gearing up to crack the whip on traffic violations in Jammu and Kashmir under the New Motor Vehicles (Amendment) Act, 2019, even as the State Government has yet to issue a formal notification for implementation of the new provisions and penalties here.
Besides affecting stringent measures like imprisonment and multiple increase in the fine for various offences, 26 new provisions for penalties have been introduced in the new MV Act to check the violation of traffic rules.
From over speeding to drunken driving and traffic light jumping to overloading etc, there is huge increase in the fine up to Rs 40 thousands and even imprisonment also while the clause of imposition of minimum fine has been deleted and a new provision of revision of fines with annual increase up to 10 percent has been introduced in the new Act.
Not only the traffic violators, even the agencies responsible for failure to comply with standards for road design, construction and maintenance have been made liable for penalties under the new provision and shall be imposed a fine up to Rs one lakh or imprisonment to the concerned person for one year.
Another significant new provision in the amended MV Act says that in case of a juvenile driving a motor vehicle, the guardian/ owner shall be deemed guilty and imposed a penalty of Rs 25000 besides imprisonment up to three years and cancellation of registration of the vehicle for 12 months. Further, the accused juvenile shall be declared ineligible to obtain learners’ license unit the age of 25 years.
According to the amended MV Act, driving without valid license shall invite court challan only and a fine of Rs 5000 while a person with Learner’s License driving without being accompanied by a person having a valid DL shall be fined from minimum Rs 2500 to maximum of Rs 5000.
Using mobile phone while driving will invite a penalty of minimum Rs 2500 and maximum of Rs 5000 while a fine of Rs 1000 shall be imposed in case of driving without seat belt or a person occupying the front seat in a four wheeler without wearing seat belt.
Failure to give passage to the Emergency vehicle shall invite a fine of Rs 5000 to Rs 10000 while a vehicle without Registration number plate or the number plate not according to the pattern shall be fined Rs 500.
The vehicle plying with tinted glasses or the commercial vehicles plying without Pollution Under Control (PUC) certificate will be seized and fine may extend to Rs 10,000. Though non-commercial vehicles plying without PUC certificate will not be seized but a fine of minimum Rs 5000 and maximum of Rs 10000 shall be imposed for the violation.
In case of without valid insurance (third party), the vehicle will be seized and a fine of Rs 2000 (only Court challan) shall be imposed while without Registration certificate or alternation of particular vehicle shall invite immediate seizure of the vehicle.
Vehicles with pressure horns will be fined from Rs 5000 to Rs 10000 while use of horns in silence zone shall invite a penalty of Rs 500 to Rs 1000.
A fine of Rs 2500 to Rs 5000 will be imposed in case of jumping of Traffic lights or violating stop sign or overtaking from wrong side or driving against authorized flow of traffic while disobeying signal of Police officer regulating traffic shall invite a fine of Rs 1000 to Rs 2000.
Overloading of Goods vehicle shall invite a fine of Rs 20,000 besides Rs 2, 000 per ton of extra load while in case of Goods vehicle carrying passengers or violation of rules for carrying of hazardous goods, there is provision of only court challan and a fine of Rs 10000.
In case of driving without helmet, pillion rider without helmet or triple riding, a fine of Rs 1000 shall be imposed besides recommendation to the concerned RTO for suspension of the Driving License while stunt driving by a two-wheeler shall invite a penalty of Rs 5000.
There will be penalty of Rs 5000 to Rs 10,000 for playing of music system in passenger vehicle while a transport vehicle without Fitness Certificate will be seized and violation of route permit shall invite court challan.
In case of drunken driving, fine up to Rs 10000 or imprisonment up to six months shall be the penalty in first offence while in second offence, the imprisonment will be up to two years and a fine.
A fine of Rs 500 will be imposed in case of charging of excess fare by a passenger vehicle or plying an auto rickshaw without a digital meter while stage carriage (bus, minibus) without First Aid Box and Complaint Book will invite a fine of Rs 500. Conductor of bus/minibus is also required to have a license and in case of violation, a fine of Rs 500 shall be imposed.
Further, if an Auto Rickshaw or Taxi refuses to carry passenger, there is a provision of imposing a fine of Rs 500 while the same amount of fine will be imposed if the driver of a taxi or motor cab does not adopt shortest route for journey. Similarly, smoking in public service vehicle or unauthorized use of red/blue beacon light or carriage of animals in goods vehicle violating prescribed standard shall also invite a penalty of Rs 500.
When contacted, IG Traffic Police, Alok Kumar told the Excelsior that the amended MV Act has come into force with effect from September 1, 2019 and the Traffic Department has launched a vigorous campaign to aware general public about the new penalties and fines before enforcing penalties under the new provisions.
A senior officer of the State Transport Department said that the new provisions and penalties shall come into force with the issuance of a formal notification by the State Government, which is in the process for the same.
SECTION NAME OF OFFENCE OLD NEW PROPOSED
PROVISION/ PROVISION/MINIMUM PENALTY
PENALTY
177 General Rs. 100 Rs. 500
New 177A Rules of road regulation violation Rs. 100 Rs. 500
178 Travel Without ticket Rs. 200 Rs. 500
179 Disobedience of orders of authorities Rs. 500 Rs. 2000
180 Unauthorized use of vehicles without license Rs. 1000 Rs. 5000
181 Driving without license Rs. 500 Rs. 5000
182 Driving despite disqualification Rs. 500 Rs. 10,000
1828 Oversize vehicles New Rs. 5000
183 Over speeding Rs. 400 Rs. 1000 for LMV
Rs. 2000 for Medium PSV
184 Dangerous Driving Rs. 1000 Upto Rs 5000
185 Drunken driving Rs. 2000 Rs. 10,000
189 Speeding / Racing Rs. 500 Rs. 5000
192A Vehicle without permit Upto Rs. 5000 Up to Rs. 5000
193 Aggregators (violation of licensing Condition) New Rs. 25,000
Rs. 100000
194 Overloading Rs. 2000 Rs. 20,000
Rs. 1000 per extre tone Rs 2000 per extra tons
194A Overloading of passengers Rs. 200 per extra passenger
194B Seat belt Rs. 100 Rs. 1000
194C Over loading of two wheelers (Triple riding) Rs. 100 Rs. 2000, Disqualification for
3 month of license
194D Helmets Rs. 100 Rs. 1000, Disqualification for
3 month of license
194E Not providing way for emergency New Rs. 10,000
196 Driving without Insurance Rs. 1000 Rs. 2000
199 Offence by juveniles New Guardian/owner shall be deemed to
be guilty Rs 25,000 with 3 years
imprisonment. For juveniles to be
tried under JJ Act. Registration of
motor vehicle to be cancelled
206 Power of officers to impound documents Suspension of driving licenses u/s
183, 184, 185, 189, 190, 194C, 194D, 194E
Rule 115 (7) Owner of commercial/noncommercial Rs. 1000 Rs. 5000
CMVR/S.190 (2) vehicle plying without pollution certificate
179 Causing obstruction to traffic / stopping Rs. 500 Rs. 2000
vehicle in road/wrong parking
119 (190 (2)) Pressure / shrill horn Rs. 1000 Rs. 5000
179 Wrong lane/ no entry Rs. 500 Rs. 2000
184 Traffic light jumping Rs. 100 Rs. 5000
Rule 20 (1) Driver without uniform Rs. 100 Rs. 500
MVR S.177
305 JKMVRI Playing music system Rs. 1000 Rs. 5000
190 (2)
147 Auto rickshaw plying without meter Rs. 100 Rs. 500
Rule 21 Charging of excess fare by a motor cab Rs. 100 Rs. 500
(23)CMRVR Auto Rickshaw, vehicle etc. of capacity of
177 maximum six passenger excluding driver
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