LEGAL RIGHTS RELATED TO TRAFFIC RULES AND REGULATIONS
Updated: Apr 6, 2021
Author: Salouni Choudhary, II Year of B.Com.,LL.B(Hons) from University Institue of Legal Studies, Panjab University Chandigarh.
India comes on the second number in case of the largest road networks in the world and accounts for 10% of the misfortune of the world. As the population is increasing, road accidents are also increasing. For the safety of everyone traffic rules are very important. But unfortunately, roads are not so safe in India. Many times accidents take place due to the lack of awareness about traffic rules and regulations. It is very important to know the rules and regulations in India for the safety of all. There are so many traffic rules in India, and it’s very hard to remember all of them, but it’s not impossible.
The Importance of Traffic Rules and Regulations
The numbers of deaths by accident are increasing day by day. According to national data published in the year 2017 three people die every ten minutes in the country due to road accidents. As consequences, the total deaths taken place on one day are equal to a giant jet crashing every day. As per World Health Organisation, India is one of the top countries with the highest number of accidents. The populated and developing at high pace states like Maharashtra, Tamil Nadu, Karnataka, Andhra Pradesh etc. Are on top with the highest number of accidents every year. According to various reports the main reasons behind accidents are as follows: -
Lack of awareness of driving signals
Driving under the influence of Alcohols
No use of helmets
Not using seat belts
Lack of attention during driving
Rights Related To Traffic Police
People in our country don’t like following safety rules prescribed by parliament. And so, for making them follow such safety rules and regulations, the Government has to put this fine and punishment system. Due to fear of fines and punishments, people use helmets, seatbelts etc. It is a kind of irony that people want to save their life just because of the fear of fines and punishments and not for themselves. The traffic police are always there near traffic signals. They keep an eye on persons not following traffic laws. But there are situations when these traffic police infringes our rights and we don’t even realize it. So given are the rights related to traffic police;-
A traffic police cannot ask for papers from you by stopping your vehicle. In case he does so, you can refuse and also complain to higher authority. Because, as per rule, only a higher officer can claim papers from you.
No traffic police has any right to arrest you or confiscate your vehicle. Like normally, it is seen that if any person does not follow any rule, his keys are taken away from him, but that is against the rights of the vehicle owner.
In case you infringe any traffic rules, then only a police inspector or a sub inspector can claim penalty from you but not the traffic police.
The traffic police can snatch your driving license only in some situations like drunk and driving, using a phone during driving etc.
If you are caught breaking laws then you can be fined only 100rs by traffic police, charging more than that can only be done by ASI or SI.
No traffic police can cut your challan when he is not in his uniform. Considering the fact is that Constable to SI wears white color dress and traffic inspector or higher rank officers wear khaki dress.
During checking of your papers, you need an original driving license and pollution under control certificate, but Xerox copy of others will work.
If you have had any surgery above the neck or you belong to the community of Sikh who wears the turban, then it is not compulsory for you to wear a helmet.
Some Common Myths related to Traffic Rules in India
Using a hands-free device to attend phone calls is not a violation of laws.
The rule is very clearly mentioned that using phone calls during driving is a violation of laws. It is a proved fact that phone calls are a distraction even if hands-free devices are being used because your whole concentration will be divided between driving and phone conversation and it would lead to misfortune. So using even hands-free devices will cause you danger, and if caught, you will be liable to punishments.
It is OK to drive with your headlights at high beam all the time:
It is very important to use high beam headlights when there is all dark or you are driving on a highway. But using it in places where lights are available, then it might be very dangerous. The oncoming crowd may be blinded by it and may lead to some mishap. It is also necessary to switch on the low beam when there are oncoming vehicles or when you are riding behind other vehicles.
Parking anywhere is ok if it does not have a ‘No Parking’ board.
It is a very common practice in India. People think that if a place does not have a ‘No Parking’ board then parking at such a place is no problem. But there are some more rules than it like you cannot park your vehicle in front of a hospital, school entrance, bus stop, near traffic signals etc. Not complying with these rules and regulations may result in your vehicle being towed and fined for the violation of law.
Traffic rules and regulations are made and asked to be followed only with the motive to ensure safety of people on roads and reduce these increasing numbers of road deaths. There’s no harm in following them and staying safe on the roads. Knowing and following traffic rules just helps you in becoming a better and safer commuter.