The Motor Vehicles Act gives more power to the state and its agents (Police) than to the common public. Honestly, it is our failure to follow our duty that results in such an act. Despite that, the Act is bound by the Constitution of India, which prescribes emphasis on individual rights. Consequently, we have been granted some rights.
Motor Vehicles Act Rights – Norms for stopping
Normally, only the police can stop you for dangerous driving, which is covered under Section 184 of the Act. The manner of stopping does not entail taking out the car keys. Remember, taking out keys and towing vehicles is illegal.
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After stopping, the police personnel in uniform will demand your papers. When producing papers, make sure you produce them only to designated police officers. According to section 133 of the Motor Vehicles Act, states designate police officers for this job. In accordance with Section 132 of the Act, ideally, states should not designate any officer below the rank of sub-inspector.
Proper documentation is compulsory
Additionally, Section 130 of the Motor Vehicles Act says that if the officer demands a license and certificate of registration, you do not need to hand them over. Instead, you can just produce them in electronic form or hard copy. Detention of those documents is not allowed.
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The only exception to this cardinal rule is in the case of serious offenses such as drink and drive. Even in those circumstances, Section 130 allows you to send them to a police officer within 15 days. If the license is seized, you have the right to ask for a valid receipt of seizure.
In case of a penalty, the traffic police must carry a challan or e-challan box and document all the offenses committed by you. If you are detained, then Section 132 makes it compulsory for the police to present you before the magistrate within 24 hours.
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