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NO! Traffic cops cannot remove keys from your vehicle during checking
According to Indian Motor Vehicle Act 1932, only a traffic police personnel of the rank of an assistant sub inspector can fine you for traffic rules violation. The ASIs, sub inspectors and inspectors have the authority to fine you on spot.
While commuting on road, it is important to follow all traffic rules. If found not following rules like wearing seatbelt in car or helmet while riding a two-wheeler, you will be penalised by traffic police personnel.
Such traffic violations do attract fines, sometimes the cops try to remove keys from your vehicle. Remember, they are not authorised to do it. But a lot of people don't know about this rule. But it doesn't mean you start violating traffic norms.
According to Indian Motor Vehicle Act 1932, only a traffic police personnel of the rank of an assistant sub inspector can fine you for traffic rules violation. The ASIs, sub inspectors and inspectors have the authority to fine you on spot. The traffic constables are only present for their assistance. But they don't have the authority to remove keys from your vehicle. A traffic cop cannot deflate the tyres of your vehicle, Hindustan Times sister website Live Hindustan report states.
Here are the key points you should remember when caught by a traffic police personnel.
1. To impose a fine on you, the traffic police personnel should carry a challan book or an e-challan machine. If either of these is not available, then a fine cannot be imposed.
2. The traffic police should be donning the uniform, which should have his/her name. If the police personnel is clad in civilian attire, you can ask him/her to furnish identity proof.
3. A traffic police head constable can only impose a maximum fine of ₹100. Only an ASI or an SI can impose a fine of more than ₹100.
4. If a traffic police personnel removes the keys from your car, you should film the incident and complain before the senior officer in the nearest police station.
5. You should be carrying driving license, pollution under control certificate while driving. The copies of your car's registration and insurance paper are also acceptable.
6. If you don't have fine amount at the spot, you can deposit it later. In such a situation, the court issues a challan which needs to be paid before it. During this time, the traffic cop takes your driving licence in his/her possession.
Gulshan Bagoria, a lawyer, told the website that there is no provision for traffic police personnel to take keys of anyone's vehicle as per Motor Vehicles Act 1988. The driver should show the driving licence before the police personnel when asked.
