Rule 139 of Central Motor Vehicle Act – Cancel Your traffic challan:Following the new Motor Vehicle Act, which came into force from September 1, there are reports of large number of drivers of thousands of rupees being deducted from different states of the country. In fact, for violating traffic rules in the new Motor Vehicle Act, the penalty amount has been increased by almost 10 times. Recently a heavy truck driver was fined Rs 86,500 in Odisha. Earlier, an auto driver’s challan of Rs 4,6500 was deducted in Gurugram, Haryana. Action was taken on these drivers for breaking traffic rules and not having the necessary documents related to the car. However, there is also a rule in the Motor Vehicle Act, whereby you can cancel your invoice of thousands of rupees for just 100 rupees.
Such challans can be canceled:
According to the traffic rules, if you do not have your driving license, vehicle registration certificate (RC), insurance, pollution certificate and permit while driving a vehicle on the road, your challan can be deducted. But… Rule 139 of the Central Motor Vehicle Act provides that the driver will be given 15 days time to present the documents. The traffic police cannot cut his challan immediately.
This means that if the driver claims to show these documents within 15 days, then the traffic police or RTO officials will not deduct the challan of the vehicle. After this, the driver has to show these documents to the traffic police or officer concerned within 15 days. At the same time, under the New Motor Vehicle Act 2019 Section 158, the time for getting an accident or showing these documents in special cases is 7 days.
If the traffic police challans you illegally, then it is not mandatory to fill the challan. Traffic police challans can be challenged in court. And if it is proved in the court that the driver has all the documents and he is not given 15 days time to present these documents, then that fine can be waived by the court.
However the condition in this rule is that all papers must be dated before the invoice is cut. For this process you will have to pay a fee of Rs 100 per document.
New rules not yet implemented in these states
However, there are still seven states where the new rules of Motor Vehicles (Amendment) Bill 2019 are not implemented. The states where the new rules of the Motor Vehicles (Amendment) Bill 2019 have not come into force are Delhi, Madhya Pradesh, Rajasthan, Chhattisgarh, Punjab, West Bengal and Gujarat. Of these, the Rajasthan government has said that it will first consider the amount of the fine, then go and implement the new rules.
Not applicable in Chhattisgarh, Punjab and Gujarat also,
West Bengal and Madhya Pradesh have refused to implement the new provisions of the Act in their states for violation of traffic rules. These state governments say that the fine amount is too high. Some similar arguments have also been given by the governments of Chhattisgarh, Punjab and Gujarat. At the same time, the Delhi government has said that it will sit and discuss the issue with Delhi Police and only after that it will issue notifications.
Check Your Pending challan
Apart from this, many times we do not even know and in case of any traffic rule by mistake, an invoice is issued in our name. In such a situation, you can easily check online that there is no pending challan in your name. To check this, first go to the Transport Department website https://echallan.parivahan.gov.in/. After visiting the website, you will see a small window, in which click on the option of Get Challan Details. After clicking on it, you fill your details by choosing one of the options from your vehicle number or driving license number. You will also have to fill the captcha code along with the vehicle or driving license number. After this click on Get Detail and you will know if there is an invoice in your name. If there is an invoice in your name, you can fill it online here too.