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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.
  • 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.

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.

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.

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
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
No, if you driving license has not expired, you will not be required to undergo a driving test to get your 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.

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

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.  
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
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
  • 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

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