Traffic Offences and Penalties in India

What is Important of the license?
Indian driving license is mandatory. An individual who wants to drive any type of motor vehicle in India has to get his/her learner's license first. A learner’s license is issued for learning. After a month of the issued learner’s license, the person has to appear for the test in front of an RTO authority, who upon proper examination will take a call on the subject.
What is Driving License in India?
A driving license is an official document issued by the Government of India, permitting individuals to operate or drive various types of motor vehicles on highways and some other roads to which the public have access. A driving license is required in India by any person driving a vehicle on any highway or other road defined under Motor vehicles act 1988.
Types of Driving License in India
Depending on the type of vehicle a person uses.  The eligibility for driving license in India depends on the class of vehicle and the type of driving license.
Document required for driving license
  • Age Proof (any one of the below given documents)
    1. Birth Certificate
    2. PAN Card
    3. Passport
    4. 10th Class mark sheet
    5. Transfer certificate from any school for any class with date of birth printed on it.
  • Proof of Address required for DL:
    • PermanentProof of address (any one from the following):
      • Passport
      • Aadhar Card
      • Self-owned house agreement
      • Electricity bill (issued in applicants name)
      • LIC bond
      • Voters ID Card
      • Ration card
    • CurrentProof of address (any one from the following):
      • Rental agreement and electricity bill
      • Rental agreement and LPG bill
 Other Requirements for Driving Licence:
  • Duly filled application form (to get the application form for driving licence, visit the nearest RTO or download it from the online portal for your state)
  • 6 passport sized photographs (when applying for Learners Licence)
  • 1 passport sized photograph (when applying for driving licence)
  • Application Fees
  • If you are staying in other cities, as current address proof, you can present the rental agreement with one recent utility bill copy which can be gas bill or electric bill.
  • Medical Certificate - Form 1 A and 1 which is to be issued by a certified Government doctor
  • For all applicants over the age of 40 years, a Medical certificate is mandatory.
If you lost your driving licence, steps need to follow -

Every driver in India needs to have a driving licence. Without this document you are not allowed to drive in the country. If you lose your driving license, you will have to apply for a duplicate one to be able to drive.

  • Go to the police station that has jurisdiction over the area where your driving licence lost.
  • Lodge a complaint and make sure you get a copy of the First Information Report (FIR).
  • Visit the Notary office to get an affidavit on a stamped paper. The affidavit will act as a proof that you took an oath before the concerned officer (executive magistrate/notary public/first class judicial magistrate) that your license is lost.
You will have to pay a small fee for the notary service and the stamped paper.

Duplicate driving licence application process:

  • Go to the RTO. Make sure that you take 3 passport-sized photos, copy of the F.I.R and the affidavit with you.
  • Go to the enquiry counter at the RTO and collect the application form for a duplicate license.
  • Complete the application form and submit it at the Driving License Branch along with the other documents.
  • After this, you will have to go through the Biometrics section. Here, your photo will be clicked and thumbprint will be taken .
  • You will have to pay a certain amount of fee for the new DL Book or the Smart Card.

  • Once you get your new driving license, make a laminated copy of it. If you have a duplicate copy of your license, it will be easy for the RTO to track your details using your DL number.

Duplicate Driving Licence in India

Driving licence  is an important document in India because it gives citizens the permission to drive and at the same time acts as a valid identity proof. If people lose their driving licence, they can easily get a duplicate DL from the RTO (Regional Transport Office) that issued it. People can apply for a duplicate DL online or directly at the RTO.

To apply, they have to fill the application form for availing a duplicate DL and submit it at the RTO along with the required documents.

Documents Required for Duplicate Driving License
In case you wish to apply for a Duplicate Driver's Licence following the loss of your original driver licence, you will be required to submit the following documents for the purpose. The following list of documents is required to obtain a Duplicate DL. This list of documents may or may not vary for each state.
  1. Application Form LLD (for intimation of loss or destruction of driving license and application for duplicate)
  2. A First Instance Report (FIR) or NCR of the licence, in case it is lost or stolen.
  3. Original Licence (if he same is in a torn, mutilated or soiled state).
  4. Attested photocopies of the original driver licence (in case the same is lost).
  5. Details of the Driving Licence
  6. Passport size photographs
  7. Address Proof documents for reference
  8. Age proof documents for reference
Under what circumstances will a duplicate driving license be issued?
Generally, a duplicate driving license will be issued under the following circumstances.
  • If the photograph affixed to the driving license requires a replacement
  • If the driving license is destroyed or stolen
  • If the driving license is torn completely or is defaced
Will I be required to undergo driving test again if I apply for a duplicate driving license?
No, if you driving license has not expired, you will not be required to undergo a driving test to get your duplicate driving license
I have lost my Learner License. Can I apply for a duplicate driving license?

No, you can apply for a duplicate driving license only if you have held a permanent driving license that has been recently stolen, lost or damaged. You will be required to apply again for a LLR if you have lost it. Some state RTOs also give duplicate Learner License.

Commercial Driving Licence
An official document provided by the government of India to its citizens, a driving license certifies the holder’s ability to operate a motor vehicle in public areas and on highways. This license is provided after individuals pass the written and practical tests. A Driving License also serves as a proof of identity. The required tests are administered, and the licenses are issued by the Regional Transport Offices of various states. There are different types of licenses provided based on the age of the candidate, as well as motor type. The most important ones are Learner’s License, Driving License, and Commercial Driving License. Commercial Driving Licenses can be procured by individuals who wish to drive a commercial transport vehicles, for both light and heavy vehicle types

Traffic Penalties Under Motor Vehicle Amendment Bill - 2016

What documents should I carry while driving?
You need to always carry driving license/registration certificate, taxation certificate, emission test certificate, insurance certificate and fitness certificate & permit ( in case of transport vehicles) + safety item as per motor vehicle act.  
Who is empowered to impose fine for drunken driving?
Firstly, do not drink and drive. No officer is empowered to impose spot fine. A police notice will be issued and the court will decide on the fine. If one doesn’t appear for the court then a warrant will be issued, this may lead to arrest and a hefty penalty subjected to court wisdom
Penalties Under Motor Vehicle Amendment Bill - 2016
It is of utmost importance that people follow the traffic rules. These rules are made for their safety on the road. Following these rules helps in better traffic management. Under the Motor Vehicle Amendment Bill, 2016, several new amendments have been proposed that has increased the penalties for violating traffic rules.
Section   Old Provision / Penalty New Proposed Provision / Minimum Penalties
177 General Rs 100 Rs 500
New 177 A 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 2,000
180 Unauthorized use of vehicles without licence Rs 1,000 Rs 5,000
181 Driving without licence Rs 500 Rs 5,000
182 Driving despite disqualification Rs 500 Rs 10,000
182 B Oversize Vehicles New Rs 5,000
183 Over speeding Rs 400 Rs 1,000 for LMV Rs 2,000 for Medium passenger vehicle
184 Dangerous driving penalty Rs 1,000 Up to Rs 5,000
185 Drunken Driving Rs 2,000 Rs 10,000
189 Speeding / Racing Rs 500 Rs 5,000
192 A Vehicle without permit Up to Rs 5,000 Up to Rs 10,000
193 Aggregators (violations of licencing conditions) New Rs 25,000 to Rs 1,00,000
194 Overloading Rs 2,000 and Rs 1,000 per extra tonne Rs 20,000 and Rs 2,000 per extra tonne
194 A Overloading of passengers   Rs 1,000 per extra passenger
194 B Seat belt Rs 100 Rs 1,000
194 C Overloading of two wheelers Rs 100 Rs 2,000, Disqualification for 3 months for licence
194 D Helmets Rs 100 Rs 1,000, Disqualification for 3 months for licence
194 E Not providing way for emergency vehicles New Rs 10,000
196 Driving without insurance Rs 1,000 Rs 2,000
Common offences committed by drivers on the road-
  • Not having a valid licence on the driver while driving a motor vehicle. The fine can be between Rs. 100 and Rs. 300.
 
  • Parking violations can be fined from Rs. 100 to Rs. 300
 
  • Number Plate Offences can be fined Rs. 100-300
   
  • Horn offences can be charged a fine of Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
 
  • Headlights used in an improper manner can result in a fine from Rs. 100 for first time offence and Subsequent Offence of up to Rs. 300.
 
  • Driving on a road that is one-way in the opposite direction is against the law. The First Offence will infer a fine from Rs. 100- 300.
 
  • Overtaking vehicles in a dangerous manner. Fines can be between Rs. 100 and Rs. 300
 
  • Driving through a signal which is red is an offence which can be fined Rs. 100 for the first offence and up to Rs. 300 for subsequent offence.
 
  • Driving the vehicle on the footpath is breaking the law. A fine of Rs. 100 to Rs. 300 may be imposed.
 
  • It is against the law to stop the vehicle at a Pedestrian Crossing/ Crossing Stop Line. Breaking this law could lead to a fine of anything from Rs. 100 (for first offence) up to Rs. 300.
     
  • If an Excess Fare is charged, a fine of between Rs. 100 for first offence and Rs. 300 for subsequent offence will be charged.
  • Riders of two wheelers who do not wear helmet while riding may be charged a fine of up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
 
  • According to the Act, any misbehaviour with passengers of the vehicle will be fined between Rs. 100 and Rs. 300
 
  • Not having the necessary documents as required by law will infer a fine of Rs. 100 to Rs. 300.
 
  • Cutting lanes in a dangerous manner can infer a fine of Rs. 100 – 300
 
  • If the driver of the vehicle refuses to ply for hire, he/she can be fined up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
   
  • If a person with a licence allows someone without a valid licence to drive the vehicle, then the first person will be charged a fine up to Rs 1000 or will be imprisoned for up to 3 months or both.
 
  • A fine of up to Rs. 1000 for first offence and up to Rs. 2000 may be charged for those drivers who drive in a dangerous/reckless manner. The driver may be fined, imprisoned (for up to 6 months- 2 years) or both.
 
  • The act of driving a vehicle without valid licence is breaking the law. A fine of up to Rs 500 can be charged, the individual can be imprisoned for up to 3 months or both.
 
  • Any offence relating to driving license can be charged a fine of up to Rs 500, imprisoned for up to 3 months or both.
 
  • The Act states that driving under the influence of alcohol and drugs is punishable by law. Breaking this law for the first time will result in a fine of up to Rs. 2000 or imprisonment up to 6 months or both. If the offence is repeated, they shall be fined up to Rs. 3000 or imprisoned up to 2 years or both.
 
  • It is expected by law, according to 182(A), that the vehicle is maintained to a basic degree. If this law is broken, a fine of Rs. 1000 may be charged for First Offence and Rs. 5000 for subsequent offence.
 
  • A fine of Rs. 400 – 1000 will be charged for those exceeding the speed limit as mentioned in MVA: 112
 
  • The law describes certain goods as hazardous to be carried by vehicles. If this is breached fine of up to Rs. 100 will be charged for first offence and up to Rs. 300 for subsequent offence.
 
  • Accidental Offences will be charged a fine of up to Rs. 500 or imprisonment up to 3 months or both for the first offence. Subsequent offence will be fined up to Rs. 1000 or imprisonment up to 6 months or both.
 
  • If Mobile Phones are used while driving, the driver may be charged up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.

List of Traffic Violation & Fines in India

Traffic Violation Offences Related to Documents ;
OFFENCES RELATED TO DOCUMENTS
SL No. Offences Penalty/ Sentence Section
1 Driving without carrying a Valid Driving License. INR 5000** and/ or imprisonment for up to 3 months 3 r/w 181 Motor Vehicle Act
2 Permitting your vehicle to be driven by an individual who does not hold a Valid Driving License. INR 5000** and/ or imprisonment for up to 3 months 5 r/w 180 Motor Vehicle Act
3 Not carrying the required documents as specified in Motor Vehicle Act while driving. INR 500** 130(3) r/w 177 Motor Vehicle Act
4 Driving without a Valid Auto Insurance. INR 2000 ** and/ or imprisonment for up to 3 months 130 r/w 177 Motor Vehicle Act
5 Driving without a Valid Permit. Up to INR 5000 and no less than INR 2000 130 r/w 177 Motor Vehicle Act
6 Driving without Valid Vehicle Fitness Certificate. Up to INR 5000 and no less than INR 2000 130 r/w 177 Motor Vehicle Act
7 Vehicle without RC Book (Registration Certificate) INR 2000 39 r/w 192 Motor Vehicle Act
Traffic Violation Offences Related to Driving:
Offences Related to Driving
SL No. Offences Penalty/ Sentence Section
1 Driving by a minor (aged below 18). INR 500 4 r/w 181 Motor Vehicle Act
2 Letting an unlicensed fellow to drive. INR 1000 5 r/w 180 Motor Vehicle Act
3 Driving bikes/ two wheelers without wearing a helmet. INR 100 129 r/w177 Motor Vehicle Act
4 Driving without fastening the seat belts. INR 100 138(3) CMVR
5 Rough/ Reckless/ Negligent Driving INR 1000 177 Motor Vehicle Act
6 Hazardous or hasty (over the speed limit) driving. INR 1000 and/ or imprisonment up to 6 months 184 Motor Vehicle Act
7 Not driving in the proper lane. Court Challan 112-183 Motor Vehicle Act
8 Driving in the center and not keeping to left side of the road. INR 100 66 r/w 192 Motor Vehicle Act
9 Driving against One Way. INR 100 2 RRR r/w 177 Motor Vehicle Act
10 Reversing without due caution and care. INR 100 17 (i) RRR 177 Motor Vehicle Act
11 Taking “U” turn during forbidden hours. INR 100 MMVR 233
12 Not taking adequate care while taking a “Turn”. INR 100 177 Motor Vehicle Act
13 Failing to slow down at intersection/ junction. INR 100 12 RRR
14 Not carrying on left of traffic island. INR 100 177 Motor Vehicle Act
15 Carrying people on Footboard. INR 100 3 RRR
16 Carrying people to the point that it causes inconvenience (be it for rearview visibility or gear shifting) to the driver. INR 100 177 Motor Vehicle Act
17 Trippling on bikes/ two wheelers. INR 100 128/177 Motor Vehicle Act
18 Driving on Footpath. INR 100 RRR 177 Motor Vehicle Act
19 Stopping at pedestrian from crossing or crossing a Stop Line (Zebra Cross). INR 100 RRR 177 Motor Vehicle Act
Traffic Violation Offences Related to Vehicle Lights:
Offences Related to Vehicle Lights
SL No. Offences Penalty/ Sentence Section
1 Improper use of headlights and/ or tail light for your vehicle used in driving. INR 100 CMVR 105 (2) (ii)
2 Using a High Beam when it is not needed. INR 100 177 Motor Vehicle Act
Traffic Violation Offences Related to Horn:
Offences Related to Horn
Offences Penalty/ Sentence Section
Driving without a Horn. INR 100 119(1)/177 CMVR
Improper usage of horn when you drive. INR 100 CMVR 105 (2) (ii)
Traffic Violation Offences Related to Traffic Signal:
Offences Related to Traffic Signal
SL No. Offences Penalty/ Sentence Section
1 Not complying with the Traffic signal / Sign Board. INR 100 22 (b) RRR
2 Failing to give the appropriate Signal. INR 100 239 MMVR
3 Signal Jumping. INR 100 177 Motor Vehicle Act
Offences Related to Speed & Overtaking:
Offences Related to Speed & Overtaking
Offences Penalty/ Sentence Section
Driving above the permitted Speed Limits by the Traffic Police. Up to INR 1000 112 - 183 Motor Vehicle Act
Abetment for Going over the Speed Limit. INR 300 112/ 183 (2) Motor Vehicle Act
Overtaking hazardously. INR 100 6 (a) RRR r/w 177 Motor Vehicle Act
Failing to deliberate way to sanction Overtaking. INR 100 7 RRR
Overtaking from the Wrong Side. INR 100 177 Motor Vehicle Act
Other Offences Related to Driving:
Other Offences
SL No. Offences Penalty/ Sentence Section
1 Purposely disobeying Lawful Directions. INR 500 132/179 Motor Vehicle Act
2 Driving under influence of Alcohol and/ or Drugs. INR 2000 and/ or imprisonment for up to 6 months 185 Motor Vehicle Act
3 Using Mobile Phone while Driving. Up to INR 1000 184 Motor Vehicle Act
4 Leaving a vehicle in untenanted engine. INR 100 126-177 Motor Vehicle Act
5 Leaving vehicle in a dangerous position. INR 100 122 177 Motor Vehicle Act
6 In case of an accident involving a minor. INR 1000 184 Motor Vehicle Act
7 Playing music while Driving. INR 100 102/ 177 Motor Vehicle Act
8 Driving without a fixed Silencer. INR 100 120/190 (2)/177 CMVR
9 Driving when emotionally, mentally and/ or physically unfit. Court Challan 186 Motor Vehicle Act
Offences Related to Pollution:
Offences Related to Pollution
SL No. Offences Penalty/ Sentence Section
1 Smoking in Public Transport is strictly prohibited. INR 100 86 (1) (5)/ 177 DMVR
2 Pollution Not Under Control. INR 100 99 (1) (a)/ 177 DMVR
3 Using multi-toned and/ or shrill horn. INR 500 119 CMVR
4 Blowing Pressure Horn. INR 100 190 (2) Motor Vehicle Act
5 Silencer and/ or muffler making a huge noise. INR 500 96 (1)/ 177 DMVR
6 Smoky Exhaust (against specifications). INR 500 CMVR 120
7 Use of horn in Silence Zone. INR 100 190 (2) Motor Vehicle Act
Offences Related to Motor Vehicles:
SL No. Offences Penalty/ Sentence Section
1 Using the vehicle in hazardous conditions. Court Challan 192 Motor Vehicles Act
2 When motor vehicle is out of state for more than 12 months. INR 100 47 - 177 Motor Vehicles Act
3 Particulars to be printed on transport vehicles. INR 100 84 (G) - 177 Motor Vehicles Act
4 Without Wiper INR 100 CMVR 101 5,12 177 Motor Vehicles Act
5 Without Side Mirror. INR 100 5, 7/177 Motor Vehicles Act
6 Tyres with some kind of defection. INR 100 CMVR 94
7 No indication board on left hand drive vehicle. INR 100 120, 177 Motor Vehicles Act
8 Selling motor vehicle/ modifying motor vehicle in contravention of Act. INR 300 52/ 191 Motor Vehicles Act, 32/192.66/192 Motor Vehicles Act
9 Vehicles that are fitted with tint/ dark glasses or sun films. INR 100 100 CMVR 177 Motor Vehicles Act
10 Driving without proper or valid number plate or illuminating the number plate at the back. INR 100 236 MMVR 177 Motor Vehicles Act
11 Not displaying public carrier board. INR 100 116 MMVR 177 Motor Vehicles Act
12 Use of private automobile for business purposes. Up to INR 5000 but no less than INR 2000 Not Applicable
13 Any kind of misbehavior with commuters, not wearing the uniform or not showing the badge. INR 100 MMVR 21 (18) 177 Motor Vehicle Act
14 Loading the goods vehicle with more than the permitted weight. INR 2000 plus INR 1000 for every other ton. MMVR 93 (u) (i) 177 Motor Vehicle Act
15 Transporting goods in a treacherous or hazardous way. Imprisonment and/ or penalty of INR 3000. 29 RRR 177 Motor Vehicle Act
16 Breach of permit terms and conditions. Imprisonment and/ or penalty of up to INR 5000, not less than INR 2000. Not Applicable
17 Usage of Colored/ Tinted light on the vehicle INR 100 97 (2)/ 177 DMVR
Offences Related to Commercial Vehicles:
Offences Related to Commercial Vehicles
SL No. Offences Penalty/ Sentence Section
1 Working in 'NO ENTRY' Time Up to INR 2000 115/194 Motor Vehicle Act
2 Violating the Time Table Court Challan 11/177, 2/177, 66/192 Motor Vehicle Act
3 High and Long / Load in Vehicles INR 100 29 RRR/177 Motor Vehicle Act
4 Carrying animals in goods vehicles in contravention of rules. INR 100 MMVR 83 177 Motor Vehicle Act
5 Transporting people hazardously or carrying people in goods carrier vehicles. INR 100 MMVR 108 177 Motor Vehicle Act
6 Carrying Goods in Passenger Vehicles Not Applicable Not Applicable
7 Perilous projection of goods. INR 100 229 MMVR, 29 RRR & 177 Motor Vehicle Act
8 Carrying goods unsafe. INR 100 MMVR 202 177 Motor Vehicle Act
9 Carrying possessions more than 11 feet high. INR 100 MMVR 93 (u) (i) 177 Motor Vehicle Act
10 Going over the limit of weight and limitation on Use. Court Challan 113/194(1) Motor Vehicle Act
11 Driver refusing to weigh his vehicle. Court Challan 114/194(2) Motor Vehicle Act
12 Loading on Tail Board. INR 100 MMVR 202 & 177 Motor Vehicle Act
13 Misconduct by Taxi or TSR Driver. INR 100 11(3)/ 177 DMVR
14 Over Charging by Taxi or TSR Driver. INR 100 11(8)/ 177 DMVR
15 Charging without having a Meter. INR 100 11(8)/ 177 DMVR
16 Refusal by Taxi or TSR Driver. INR 100 11(9)/ 177 DMVR
17 Driving without Khaki Uniform. INR 100 7/ 177 DMVR
18 Driver without wearing a Badge. INR 100 22 (1)/ 177 DMVR
19 Conductor without the specified Uniform. INR 100 23 (1)/ 177 DMVR
20 Conductor without Badge. INR 100 22 (1)/ 177 DMVR
21 Stopping without a Bus stop. Court Challan 66/ 192 Motor Vehicle Act
22 Power to detain Vehicle driven in infringement of section 3.4,39 or 66(1) MV Act. Court Challan 207 (1) Motor Vehicle Act
Offences Related to Parking:
Offences Related to Parking
SL No. Offences Penalty/ Sentence Section
1 Parking in the same direction of the flow of traffic. INR 100 22 (a) RRR 177 Motor Vehicle Act
2 Parking away from walkway towards road. INR 100 15 (2) RRR 177 Motor Vehicle Act
3 Parking against flow of traffic. INR 100 15 (2) RRR 177 Motor Vehicle Act
4 Parking causing Obstruction to other vehicles and people. INR 100 15 (2) RRR 177 Motor Vehicle Act
5 Parking on any Taxi Stand. INR 100 15 (2) RRR 177 Motor Vehicle Act
6 Parking in not any specified way. INR 100 15 (1) RRR 177 Motor Vehicle Act
7 Parking at any Corner/ Edge. INR 100 15 (i) RRR 177 Motor Vehicle Act
8 Parking within 15 meters on either side of a Bus Stop, causing inconvenience to those waiting for bus as well as bus drivers. INR 100 15 (2) RRR 177 Motor Vehicle Act
9 Parking on a Bridge. INR 100 15 (2) (i) RRR 177 Motor Vehicle Act
10 Parking at any Traffic Island. INR 100 15 (i) RRR 177 Motor Vehicle Act
11 Parking in ‘No Parking’ Zone. INR 100 15 (2) RRR 177 Motor Vehicle Act
12 Parking on any Pedestrian Crossing. INR 100 15 (2) (iii) RRR 177 Motor Vehicle Act
13 Parking the vehicle on Walkways. INR 100 15(2) (ii) RRR 177 Motor Vehicle Act
14 Parking in front of any gate. INR 100 15 (2) (viii) RRR 177 Motor Vehicle Act
15 Any kind of obstruction caused due to the way you have parked your vehicle. INR 100 15(1) RRR 177 Motor Vehicle Act