Are we aware of our Motor Vehicles Act?

Discussion in 'T&AA - Travel and Anything Automotive' started by SumitB, Jun 25, 2012.

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  1. SumitB

    SumitB RAID Staff Staff Member

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    While most of us obtain our driving licenses without any effort and many before attaining the legal age to drive, I am not too sure about how many of us are aware of the Act and Rules that form the basic guidelines about driving. In India, there are two major Acts which formulate the Motor Vehicles Act viz. Motor Vehicles Act of 1988 and Central Motor Vehicles Rules of 1989. Apart from these two major acts, different states may have enacted acts/rules which may be applicable to these states in particular. While I will not be enlisting the entire acts or state specific acts, I am trying to list here a few basic rules which I think will be helpful to most of us here. Please feel free to add to this list.

    Some important provisions of Indian Motor Vehicles Act. which the general public must know are given below:

    Section 3: It is an offence to drive a vehicle without Driving License.

    Section 4: Age limit for obtaining a driving license -
    Two Wheelers below 50 CC -16 years
    Other Motor Vehicles - 18 years
    Transport Vehicle - 20 years

    Section 5: Owner cannot allow any person to drive the vehicle without Driving License (D.L.). Example - If son/daughter is driving a vehicle owned by parent without D.L., the parent could be prosecuted, though the parent may not be present at the time of the offence.

    Section 19: The Regional Transport Officer (RTO) can disqualify persons from holding driving license or revoke the same if the person
    · Is a habitual criminal or habitual drunkard
    · Is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61 of 1985)
    · Is using or has used a motor vehicle in the commission of a cognizable offence
    · Has by his previous conduct as driver of a motor vehicle, shown that his driving is likely to be attended with danger to the public
    · Has committed any such act which is likely to cause nuisance or danger to the public

    Section 20: On conviction of an offence under Motor Vehicles Act or an offence in the commission of which a motor vehicle was used, the Court can disqualify the person concerned from holding driving license apart from imposing any other punishment.

    For the following offences, disqualification is mandatory -

    i. Not stopping the vehicle when required to do so by any Police Officer not below the rank of Police Sub-Inspector in uniform if the vehicle is involved in a road accident (Section 132)

    ii. Not shifting the victim of the accident in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner (Section 134)

    iii. Not giving, on demand by a Police Officer, any information required by him (Section 134)

    iv. Not reporting the occurrence of accident to insurer (Section 134)

    v. Driving by a drunken person or by a person under the influence of drugs (Section 185)

    vi. Driving dangerously (Section 184)

    vii. Racing and trials of speed on public roads (Section 189)

    viii. Using vehicle without registration (Section 192)

    Section 21: If a person already convicted once for dangerous driving under Section 184, again indulges in dangerous driving causing death or grievous hurt and if a case is registered for the second offence, the driving license of the person is automatically suspended for a maximum period of 6 months or till disposal of the case in the Court.

    Section 22:
    i. If a person is convicted for second time for dangerous driving under Section 184, the Court can cancel the driving license

    ii. If a person is convicted for the second time for drunken driving under Section 185, the Court shall cancel the driving license of the person concerned

    Section 39: No person shall drive any motor vehicle and no owner shall cause or permit any vehicle to be driven without proper registration and display of the registration mark. If a vehicle is plying without proper registration, owner can be prosecuted though he/she may not be present at the time of offence.

    Section 49: The change of address recorded in the Registration Certificate shall be reported within 30 days of any such change.

    Section 50: Transfer of ownership should be reported within 14 days of the transfer if the vehicle is sold within the State and 45 days if the vehicle is sold outside the State.

    Section 51: Ownership of a motor vehicle held under the hire purchase or lease or hypothecation agreement cannot be transferred without a written consent of the person to whom the vehicle is hypothecated.

    Section 52: No owner of a vehicle shall so alter the vehicle that the particulars contained in the Certificate of Registration are no longer accurate. Such alteration can be made only with notice and prior approval of the Regional Transport Officer.

    Section 53: If a vehicle is not in a fit condition to be used on the public road or is being used for hire without valid permit, the registration certificate can be suspended by the Regional Transport Officer.

    Section 115: In the interest of public safety or convenience or because of the nature of any road or bridge, movement of certain types of vehicles can be restricted or prohibited. If the period of restriction is less than one month, no notification is necessary.

    Section 119: Every driver shall drive the vehicle in conformity with the traffic signboards and shall comply with all the directions given to him by any Police Officer for the time being engaged in the regulation of traffic.

    Section 121: Signaling by the driver regarding his intentions to stop or take a left or right turn is mandatory. If he does not do so, the driver can be prosecuted.

    Section 122: Leaving a vehicle at rest on any public place in such a way as to cause or likely to cause danger, obstruction or undue inconvenience to other road users is an offence. Such vehicles can be towed away by Police and charged for towing as well as this offence.

    Section 127:
    i. If a vehicle is left unattended on a public place for more than 10 hours or found parked in a No Parking Zone, it can be ordered to be towed away by a jurisdictional Police Officer in uniform

    ii. If a vehicle is parked unattended in such a manner as to create a traffic hazard, it can be immediately removed by towing as ordered by any jurisdictional Police Officer

    iii. The charges of towing away have to be paid by the owner besides any other penalty

    Section 128: Carrying more than one pillion rider on a two-wheeler is an offence.

    Section 129: It is mandatory to wear a helmet of ISI standard while riding a motorcycle in public place. However, the State Government can make rules as it may think fit. There are decided cases in the Courts that any act aimed at doing good is not in violation of any fundamental right.

    Section 130: The driver of a motor vehicle in any public place shall, on demand by any Police Officer in uniform, produce his Driving License, Registration Certificate, Insurance Certificate, Fitness Certificate and the Permit can be demanded in this manner by Officers of Motor Vehicles Department only.

    Section 133: It is the duty of the owner of a Motor Vehicle which is involved in any offence to give all information regarding the name and address of and the license held by the driver or the conductor on demand by any Police Officer.

    Section 136: All vehicles involved in road accidents have to be inspected by the authorized Officers of Motor Vehicles Department.

    Section 140: Where death or permanent disablement of any person has resulted from a road accident, the owner of the vehicle involved shall be liable to pay compensation in respect of such death or disablement irrespective of his/her fault. The compensation for death shall be Rs. 50,000/- and for permanent disablement Rs. 25,000/-.

    In such claims, the claimant shall not be required to plead and establish that the death or permanent disablement was due to any wrongful act, neglect or default of the owner of the vehicle involved. The claim shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement, the claim has been made. Besides the owner of the vehicle, the Insurance Company is also liable under this section.

    Section 146: No vehicle shall be used on the road without proper Insurance Certificate. The responsibility lies with the owner of the vehicle.

    Section 158: Any person driving a motor vehicle in any public place, shall, on being required by a Police Officer in uniform, produce:
    i. Certificate of Insurance
    ii. Certificate of registration
    iii. Driving License
    iv. In case of transport vehicles, also the certificate of fitness and the permit

    Section 160: For the purpose of claiming compensation in a road accident, information regarding the vehicle involved, the driver, injured, property damaged can be obtained from the Police Officer in charge of the concerned Police Station on payment of the prescribed fee.

    Section 161: In respect of death of any person resulting from a hit and run road accident, a compensation of Rs. 25,000/- is paid. In respect of grievous hurt, the compensation to be paid is Rs. 12,500/-. This compensation is to be paid by the District Magistrate concerned.

    Section 179: Disobedience to orders of the competent authority, obstruction to discharge of official duty or refusal of information to the authority concerned can result in fine up to Rs. 500/-.

    Section 180: If an owner permits any unauthorized person to drive the vehicle without driving license, the owner is liable for imprisonment up to 3 months or fine up to Rs. 1,000/- or both.

    Section 181: Driving without valid and proper driving license can result in imprisonment up to 3 months or fine up to Rs. 500/- or both

    Section 182: If a person who has been disqualified for holding or obtaining a driving license either drives a motor vehicle or applies for or obtains a driving license with-holding the information regarding disqualification, the person can be imprisoned up to 3 months or punished with fine up to Rs. 500/- or with both.

    Section 182(a): Whoever alters the construction of the vehicle without prior approval of the competent authority shall be punishable with fine of Rs. 1,000/- for the first offence and with a fine of Rs. 5,000/- for any subsequent offence.

    Section 183:
    i. If a driver of a motor vehicle contravenes the speed limit, he/she shall be punishable with fine up to Rs. 400/- for the first offence and Rs. 500/- for the subsequent offence.

    ii. If the owner causes the driver to contravene the speed limit, he/she shall be punishable with fine up to Rs. 300/- for the first offence and Rs. 500/- for subsequent offence.

    Section 184: Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees or with both. The driver can be arrested on the spot.

    Section 185: Punishment for drunken driving is imprisonment up to 2 years or fine up to Rs. 3,000/- or both. The driver can be arrested on the spot.

    Section 186: If a person drives a vehicle when mentally or physically unfit to drive, he/she shall be punishable for the first offence with fine up to Rs. 200/- and Rs. 500/- for subsequent offence.

    Section 187: If a driver or a owner fails to report involvement of his/her vehicle in an accident and give the required information to the Police Officer concerned, he/she shall be punishable with imprisonment up to 3 months or fine up to Rs. 500/- or both in addition to the punishment for the accident, in case convicted. For the subsequent offence under this section, the imprisonment can be up to 6 months and fine amount up to Rs. 1,000/-

    Section 188: Whoever abets the commission of offence under Section 184, 185 and 186 shall be punishable for the same punishment as the accused himself/herself.

    Section 189: Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any kind between motor vehicles in any public place shall be punishable with imprisonment for a term, which may extend to one month or with a fine, which may extend to five hundred rupees or with both.

    Section 190: Punishment for violation of the standards prescribed in relation to road safety, control of noise and air pollution is fine amount up to Rs.1000/- for the first offence and Rs. 2000/- for the subsequent offence.

    Section 192: Using a vehicle without registration can result in minimum fine amount of Rs. 2000/- and maximum up to Rs. 5000/-. For subsequent offence, the fine amount can be up to Rs. 10,000/- with a minimum of Rs. 5000/-

    The punishment is not applicable for vehicles used in an emergency for the conveyance of persons suffering from sickness or injuries or for the transportation of food or material to relieve distress or of medical supplies for a like purpose.

    Section 192(a): Using vehicle in contravention of permit condition can result in fine up to Rs. 5000/- but not less than Rs. 2000/- for the first offence and imprisonment up to 1 year but not less than 3 months or with fine amount up to Rs. 10,000/- but not less than Rs. 5000/- or both for the subsequent offence.

    Section 194: Driving vehicle exceeding permissible weight can result with a punishment of Rs. 2000/- and an additional amount of Rs. 1,000/- per tonne of excess load together with the liability to pay charges of off-loading the excess load.

    Section 196: Driving uninsured vehicle can result in punishment in imprisonment up to 3 months or fine up to Rs. 1000/- or both.

    Section 197: Whoever takes or drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment, which may extend to three months or with fine, which may extend to five hundred rupees or with both.

    Section 200: The offence under the following sections can be compounded by the Police Officers:
    Sections 177, 178, 179, 180, 181, 182, 183, 184, 186, 189, 190, 191, 192, 194, 196 or 198.

    Section 201: Whoever keeps a disabled vehicle on any public place in such a manner so as to cause impediment to the free flow of traffic, shall be liable for penalty up to to fifty rupees per hour so long as it remains in that position.

    Section 202:
    i. A Police Officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under Section 184 (dangerous driving) or Section 185 (drunken driving) or Section 197 (taking vehicle without authority).

    ii. A Police Officer in uniform may arrest without warrant any person who has committed an offence under this Act, if such person refuses to give his name and address.

    Section 203: If a person required by a Police Officer to provide a specimen of breath for a breath test, refuses or fails to do so and the Police Officer has reasonable cause to suspect him of having alcohol in his blood, the Police Officer may arrest him without warrant except while he is at a hospital as an indoor patient.

    Section 206:
    1. Any Police Officer or other person authorized in this behalf by the State Government may if he has reason to believe that any identification mark carried on a motor vehicle or any license, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of Section 464 of the Indian Penal Code, seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

    2. Any Police Officer or other person authorized in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any license held by such driver and forward it to the Court.

    3. A Police Officer or other person seizing a license under sub-section (2) shall give to the person surrendering the license a temporary acknowledgement therefore and such acknowledgement shall authorize the holder to drive until the license has been returned to him or until such date as may be specified by the Police Officer or other person in the acknowledgement, whichever is earlier.

    Section 207: Any Police Officer or other person authorized in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose, take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.

    Source: http://bcp.gov.in/trafficpolice/traf...rovisions.html
    Official web site of the Transport Dept.: http://morth.nic.in/mvact.htm
    Motor Vehicles Act, 1988: http://morth.nic.in/mvleind.htm
    Central Motor Vehicles Rules, 1989: http://morth.nic.in/cmvr.htm
     
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  2. ManISinJpr

    ManISinJpr Want to resurrect.. !!!

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    I saw your post on FB today, well like you we all must be aware of the law.
    I have read a lot of laws but that is coz I love to read and discuss.. but most people don't even know as to whose side is the priority side..
     
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  3. JD666

    JD666 RAID Leader Staff Member

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    hehe.. I was also tempted to post that dude share it here! But you have! Like a true bro!!
     
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  4. SumitB

    SumitB RAID Staff Staff Member

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    If you go by the attitude of the public at large, the bigger vehicle is always at fault.

    Lets take a real life scenario. I was once involved in an accident involving a person. I was riding my scooter and this person who must have been in his late 40's and was working as a porter was crossing the road without looking. As fate would have have it, he was knocked down by me. Public gathered and the cops were summoned. As is required by law, we were sent for a medical examination and he was complaining of being hurt grievously and wanted me to pay Rs. 5000/- towards his medical expenses which I refused to comply with. When the medical reports came in, it was noticed that this person was dead drunk and when the IO (investigating officer) confronted him with the reports, he was speechless and within 30 minutes, he vanished from the Civil Hospital.

    The thing with us is that we always look for the easy way out. We should rather question ourselves and be brave enough to face the law.
     
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  5. ManISinJpr

    ManISinJpr Want to resurrect.. !!!

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    ^^ Yes this is what I also feel that it is always the fault of the bigger vehicle !!
    you know that is coz of the inherent subconscious hatred in people's mind that they always vent out !
     
  6. MOZ

    MOZ RAID Leader Staff Member

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    Indian people believe in this proverb too much, "behti ganga mein haath dho lo" (Make hay while the sun shines)
     
  7. JD666

    JD666 RAID Leader Staff Member

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    And that is why I want to invest in a car dash camera. Atleast I can have a video proof of whatever happens if someone decides to be a douche bag in front of my car.
     
  8. SumitB

    SumitB RAID Staff Staff Member

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    I think Sohail or FrankMehta has this on their vehicles.
     
  9. JD666

    JD666 RAID Leader Staff Member

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    yep, and its not too expensive either. around 75-80$ for a decent cam.
     
  10. SumitB

    SumitB RAID Staff Staff Member

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    Another point which is not mentioned in the article above is Section 121 of the Central Motor Vehicles Rules of 1989. This Section states that no private vehicle can be painted in Olive Green other than vehicles belonging to the Defense Department aka Military Vehicles.
    --- Post Merged: Jun 25, 2012 at 1:41 PM ---
    What about the recording system? Or is the whole setup for 75-80$?
     
  11. dbg

    dbg RAID Staff Staff Member

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    mystic_dreamer
    JD666
    ManISinJpr

    but that rule is only meant for public roads right .. Suppose I dont have a valid DL and I want to do some off offroading down a mountain path .. is that still illegal and am I supposed to follow all the safety rules.

    Also I can drive without following any of the Motor Act rules as long as I do it on pvt. property.

    This was my understanding so far .. dont know how correct it is
     
  12. SumitB

    SumitB RAID Staff Staff Member

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    Yes, most if not all the above rules are for driving on public roads. Race tracks and private properties may be governed by their own rules. However, if you hurt someone while on a private road/property, you are liable to be prosecuted or causing injury and in case of death, you will be prosecuted accordingly. Thats my understanding of the law and I may be wrong.
     
  13. MOZ

    MOZ RAID Leader Staff Member

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    Do whatever you want on private property. But a mountain I am sure is not your property.
     
  14. dbg

    dbg RAID Staff Staff Member

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    So if there is video of me driving down a mountain without wearing my seatbelts .. or giving the proper turn signal .. I am breaking the law and liable for prosecution.
    --- Post Merged: Jun 25, 2012 at 1:49 PM ---
    Also


    So there is no right to remain silent in India and an person can be forced to be a witness against him/herself.
     
  15. SumitB

    SumitB RAID Staff Staff Member

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    In Shillong, we do deal in mountains and hillocks. These are sold and purchased. :)
     
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  16. ManISinJpr

    ManISinJpr Want to resurrect.. !!!

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    So how many do you own ? ;)
     
  17. SumitB

    SumitB RAID Staff Staff Member

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    Lets not get into the nitty-gritty's :p
     
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  18. JD666

    JD666 RAID Leader Staff Member

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    You can do that, however the private property should be under private ownership. Not on public/government lands. The rules are different for private/unmapped roads.

    Moreover if you crash your vehicle on a private road, technically its not covered under insurance as well.
     
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  19. kauffmann

    kauffmann The Fountainhead

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    I'm quoting my post at Team-BHP

    Note - This Post Relates to Delhi Police but would also help people from other parts of India.

    Hi,
    I was stopped at the police check point earlier tonight, the constable asked me to stop the car on the side to which I duly complied and said he just needs to go over the documents to verification purposes, to which again I complied. He asked me to park my car further down the road and he proceeded to move a bit further away from the check point, I knew he was looking for a bribe and I was hoping I'd have all my documents to not give him an opportunity to ask for one.

    Anyway, as it turns out, I did have my license but didn't have the RC or the Insurance, to which he claimed that my car will have to be impounded or to put it in his words "bandh karwani padegi". I knew he was bullshitting me cause an offence of this nature does not warrant seizure of the car and is only liable for a fine. This is where I got a bit angry and asked for his senior, I must admit I was quite disrespectful towards him. He seemed hesitant to take me to his senior and got offended and said I should deal with him instead, but given my insistence he finally gave in and started walking towards the check post with me. Anyway I got the matter settled without paying a bribe and did apologise to him for being rude for he has to work late nights during the festive season and is deprived of the joy of being with his family who await his return to celebrate.

    That made me come back home and research a bit about the amount that we can be fined for such an offence. My first stop was the Delhi Police facebook page, but that proved to be a lemon since the Facebook page moderator or whatever IT guy they have employed to look after it was unaware of the laws and kept pointing me in different directions, but none to avail. But I must admit here, there is alot of information available on their facebook page and it'd be a good place to know the law a little better. The said offence is not listed in Offences page of the Delhi Traffic Police, thus the inability of the DTP FB page moderator to provide the correct information cannot be blamed.

    Anyway, what I found was, the offence of not carrying requisite documents invites a fine of Rs.100/- (First offence) and a subsequent fine of Rs.300/- on the second offence (Section 130(3) read with Section 170 of Motor Vehicles Act, 198:cool: ALSO you can surrender your license to the concerned authority and present the required documents to them within 15 days and get your license back. BUT, do remember that upon surrendering your license the concerned authority will issue you a receipt which will act as a supplement to your license until you get it back. BUT do not go for option #2 if your insurance has expired as that would call for a fine.

    Another point I have seen alot of commuters being harassed on is producing the original RC and Insurance Papers, again, it's NOT required to keep your documents in original and it is OKAY to have duly attested photocopies of the same(Confirmed by Spl. Commr. Police (Traffic) Ajay Garg). BUT, do remember to keep your pollution certificate in original.

    A very major point to remember is that NO Head Constable (Traffic) can fine you of any charge in excess of Rs.100/-, for such penalty that invites a fine in excess of Rs.100/-, it has to be done by an officer of the rank of ASI. So next time if they try to threaten/harass you with a fine of Rs.1,000/-, ask them to go ahead and fine you, but before you do that, do make sure the position you're dealing with is a head constable [​IMG]

    What I will be doing from now on and would recommend others to do too -
    1. Carry all relevant documents in your car and have a quick check to make sure they're present before you drive.
    2. Periodically check the documents to see if any of them has expired or is fast approaching the expiry date.
    3. Keep a print out of the list of offences and fines in your car at all times.
    4. Also a list of Authorised Position which can fine you for different offences.
    5. Keep the phone number of the traffic helpline and other postionaries such as Spl. Commr. (Traffic), Jt.Commr. handy, in case the matter starts to get out of hand and you are left with no other choice but to seek their help.

    Anyway, I hope everyone will take an effort to know the law that governs us a little better, thereby giving the system functionaries one less chance to be corrupt and harass us.
     
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  20. JD666

    JD666 RAID Leader Staff Member

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    ^^ you can always ask the constable his name and designation if he is not carrying a name plate. I did the same once with family ( temporary number plate missing ). no issues.

    Secondly, you can get away with a fine if you don't have R/C, but can prove the ownership of the vehicle. Car Jackers/Robbers will get away easily with fake licenses and fines. The ownership of the vehicle has to be proved.In support, carry previous insurance, service records, pollution certificates.Just keep them in the glove box, in case of need.
     
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