In this blogpost Apoorv Singh, student, NALSAR, Hyderabad, writes on what documents to carry while driving and also explains the procedure to obtain a driving license.  

The moment we get out of our house in a privately owned vehicle the first thing that we might worry about is the fear of getting caught by the traffic police for not carrying the required documents. Generally, we keep the license, registration certificate and the insurance papers with us while driving but are these documents sufficient enough? The police sometimes take unfair advantage of the situation when the people are unaware of the law. This leads to corruption as the police demand money for letting the vehicle go without charging heavy fine. But what if there was no requirement of the fine for not producing those document? There is also a lot of confusion regarding the original or the photocopy of the documents to be produced. Some people also keep with them the colored Xerox of the driving license which is sometimes rejected by the police officer and a fine is charged for not carrying the original documents. Is the colored copy allowed? We will discuss all the laws relating to the documents required while driving.

What Documents To Carry While Driving

The law relating to the documents to be carried while driving are listed in the MVA (Motor Vehicle Act) 1988 also the punishment for not carrying the required documents are provided in the act. According to the act, the documents required while driving the vehicle are

Car/Bike Registration book: This is the archive supporting the permit/number plate placed on your car or bike. This paper says that the car/bike is legitimately enlisted under your name in the given year. Always, keep this one in the glove compartment of your auto or in the tool compartment of your bicycle. A few states issue these enrollment archives in a smart card.

Driving License: Though not a paper but a card, this is the most critical thing to convey that you are driving the vehicle yourself. It is obligatory by law that you have the driving permit with you when you drive your vehicle. You ought not to take car/bike out without this. It’s best to keep this in your satchel/wallet.

How to obtain a driving license

You should approach your local zonal transport office with following documents in order to get a license. Form No. 1, 2, 3 which is available in the transport office, three copies of applicant recent passport size photograph, proof of residence, proof of age and proof of citizenship. If you require a license for transport vehicle, you need to submit your license along with the documents mentioned above. Once the documentations is complete fees needs to be paid which is specified in rule 32 of the Central Motor Vehicle Act 1989. Once this is completed, a learning license shall be issued which needs to be converted into a permanent driving license after 1 month of issuing but within 6 months.

Pollution test paper: Another vital paper to keep in your auto’s glove compartment or in your bike’s tool compartment is the emanation test result paper. The activity police, on the off chance that they think fit, might request you to show the paper.

Requisites of pollution check

Computerized facilities for checking of pollution levels and issuing of PUC Certificates (to vehicles meeting emission standards) are available at many petrol pumps/workshops. These authorized Pollution Checking Centres are spread all over Delhi. At present, 388 Centres for petrol / CNG driven vehicles and 273 Centres for the diesel driven vehicles are functioning. These Centres issue Pollution under Control Certificates (PUC) if the vehicle is found meeting prescribed emission norms. In case, the vehicle is found polluting beyond prescribed norms, necessary repairs/ tuning in the vehicle would be required.  The PUC Certificate of your vehicle shall be canceled, you will be directed (under Rule 116 of CMV Rules) to produce a fresh PUC Certificate within seven days. The failure to comply with this direction would result in prosecution under section 190(2) of the Motor Vehicles Act.

Insurance: Proof of protection is a just as critical paper which must arrive in your car when you are on the street. This paper from the car insurance agency demonstrates that there is a risk protection covering your car. On the off chance that you are ever ceased by the police at whatever time or for any reason, you may be requested to produce the insurance paper. But why is this necessary?  If there is a risk involved and the loss is caused to you, what is the need for the law to ensure that you have covered your risk? The question is about the motive of the government behind making the insurance compulsory. It is for the public good that having an insurance of your vehicle is made compulsory.

 

All original documents are necessary

It is important to mention here that all these documents have to be original and carrying photocopies is not allowed. Sometimes the police may excuse you from paying the fine if you are carrying a photocopy of these documents but according to the law(MVA) all these documents should be produced in original form. Even you can be fined for example INR 500 in New Delhi if you are carrying colored photocopy of your original documents.

Is it legally mandatory to get a car insurance

A car insurance is mandatory not for the loss caused to you but for the loss caused to the other person i.e. the third party. The third party insurance is made necessary because if due to your negligence loss is caused to the third party you may or may not be able to bear the expenses of the damage caused to him. The damage may be caused to the life of a person and the compensation awarded by the court at times is too high for a person to bear. If in this situation a person does not own enough resources to pay damages to the person who suffered a loss in the accident then the right of the other person to claim damages get ceased due to the inability to pay.

The government only mandates third party insurance i.e. the insurance against any person who gets injured in the accident with your personal vehicle. All his damages will be paid by the insurance company because they have huge funds to pay the damages. In order to ensure that no one is deprived of their right to claim compensation, the government ensures that every person has third party insurance to avoid any conflict regarding compensation in the later stage. If you have insured your vehicle then the burden of providing compensation passes on to the insurance company. If the driver of the vehicle cannot afford the expenses of the injured person, then who else would? And if the driver is taken to the court for trial, there would be extensive judicial processes on finding who is at fault. But still, the question remains: Who would bear the expenses? Well, this is where car insurance comes into the picture.  As the accidents are beyond human control, and they will occur irrespective of the fact that you may be careful while driving, therefore insurance will help the other party to claim compensation for your wrong even if you ae unable to pay the amount.

 

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