Traffic Constables Cannot Remove Keys from Your Vehicle: Know Your Rights

If a traffic constable attempts to remove the keys from your vehicle for a traffic violation, it is against the law. According to the Indian Motor Vehicles Act, 1988, traffic constables have limited authority and cannot arrest you, seize your vehicle, or impose fines exceeding their jurisdiction. Knowing your rights can protect you from undue harassment and empower you to take action if necessary.

Key Points to Remember About Your Rights

1. Authority to Issue Challans
   • Only officers at the level of ASI (Assistant Sub-Inspector) or above have the authority to issue a challan or impose a fine for traffic violations.
   • Traffic constables assist these officers but cannot issue fines independently exceeding ₹100.
2. Mandatory Equipment for Challans
   • A traffic police officer must have either a challan book or an e-challan machine to impose a fine. Without these, the officer cannot legally issue a challan.
3. Uniform and Identification
   • Traffic officers must be in full uniform with a visible nameplate and buckle number.
   • If not in uniform, you can request the officer to show their identification card.
4. Limits on Constables
   • A traffic constable can impose fines only up to ₹100.
   • Removing vehicle keys or using force is not allowed. If this occurs, you should record the incident and report it to a senior police officer in the local station.
5. Documents Required While Driving
   • Keep the following documents handy:
     • Original driving license
     • Pollution Under Control (PUC) certificate
     • Copies of the vehicle’s registration certificate and insurance policy
6. Paying the Fine Later
   • If you cannot pay the fine on the spot, a court challan can be issued.
   • The court will hold your driving license until the fine is cleared.

Legal Framework: Indian Motor Vehicles Act, 1988

• Section 3 and 4: Mandates all vehicle owners to possess a valid driving license.
• Sections 183, 184, 185:
  • Violations like over-speeding, drunk driving, and negligent driving can lead to penalties of up to ₹2,000, imprisonment for six months to two years, or both.
  • Driving under the influence of alcohol is a serious offense and can result in severe consequences.

What to Do if a Traffic Constable Oversteps Their Authority

• Document the Incident: Record a video of any unlawful actions, such as a constable removing your vehicle keys.
• Report to Seniors: File a complaint with senior officers at the local police station, providing evidence such as videos or witness accounts.
• Cooperate When Asked for Documents: Always show your driving license and other required documents when requested by traffic officers.

Traffic Constables Cannot Remove Keys from Your Vehicle: Know Your Rights