A motor vehicle shall be
stopped for challaning only on the commission of a visible traffic
offence. A motor vehicle can be stopped for checking of documents only
under the specific instructions of senior supervisory officers.
While stopping the
vehicle due care shall be taken that no hindrance is caused to the
smooth flow of traffic. The vehicle shall under no circumstances be
stopped on the road intersection/rotary.
The challaning officer
shall walk to the point where the vehicle is stopped and shall first
greet the driver and then tell him the reasons for his vehicle having
been stopped in polite language. The conversation with offender should
be polite and brief
The demand for the
production of the driving licence and other documents shall be made
politely. It is the duty of every motor vehicle driver to carry the
original driving licence at all times and produce the same on demand by
a police officer in uniform. The production of registration
certificate, permit, insurance, pollution under control certificate and
fitness certificate can be done within 14 days. In case of failure to
produce the driving licence, the registration certificate, insurance
etc. the driver shall be challaned under the presumption that the said
document does not exist. The driver shall however be informed that he
can produce the document alongwith a photocopy for inspection as
indicated on the printed challan form. Failure to produce the driving
licence shall be charged under section 130(1)/177 MVA 88 instead of
section 3/181 if the driving licence is produced for inspection within
the prescribed period. Failure to produce the registration certificate,
permit, insurance, pollution under control certificate and/or fitness
certificate shall not be treated as an offence if the document is
produced for inspection within the prescribed period.
The challaning officer
shall seize the driving licence of the driver under section 206 of the
MV Act to ensure appearance of the offender before the Court. In case
of failure of the driver to produce the driving licence the
registration certificate shall be seized under section 207 of the MV
Act. In case the driver fails to produce both documents the vehicle
shall be impounded under section 207. No other documents, personal bond
etc shall be seized at the time of challaning.
In case a vehicle is
without registration certificate and has no number on the number plate
the Challaning officer shall record the engine number and chassis
number of the vehicle on the Challan form.
When a driver is
challaned he shall be permitted to record his brief comments before
signing the challan receipt. In case the driver poses resistance to the
challan, the challaning officer shall politely caution him that this
shall lead to an enhancement of the penalty under section 179. In case
the driver tries to intimidate or influence the challaning officer in
any manner the challaning officer shall record the same on the reverse
of the original challan form and also inform the Control Room where an
entry shall be made in the log book.
In case the driver uses
abusive language and uses or threatens to use physical violence, the
Control Room shall be informed by the challaning officer, which shall
in turn call for a reserve officer from the Police Station having
jurisdiction for initiating legal action. The nearest traffic
interceptor shall also be directed to reach the spot for assistance.
The voice recorder & video recorder shall be employed to record
evidence of the misbehaviour shown by the traffic offender.
In case any physical
violence is actually affected upon the challaning officer a criminal
case shall be lodged and the SHO shall personally supervise the same.
In case the driver wants
to lodge a complaint against the challaning officer he shall be
politely informed that he can lodge a complaint at the Traffic Control
Room number 0171-2550101 and ask for his complaint number. He shall
also be informed that he can contest against the challan by appearing
in the court on the date and time mentioned by the challaning officer
on the challan form. The challaning officer shall promptly give his
name and belt number to the driver wanting to know the same.
The entire range of
traffic offences that need to be curbed along-with the relevant
rule/section of law have been printed as a checklist on the challan
form. The challaning officer is required to tick mark the offences
committed by the offender in each case. This reduces the time taken by
the police officer in writing out the challan form.
The exhaustive checklist
serves as a reminder to the officers on enforcement duty regarding the
entire range of offences about which they need to be vigilant.
The form is also
educative for the offender as it imparts knowledge about all traffic
rules that need to be adhered to.
The offender gets a
neatly printed challan receipt that has minimal manually written
content that counters the earlier problem of illegible writing of some
of the officers.
regarding inspection of documents as well as the procedure for the
payment of compounding fee are clearly spelt out for the benefit of the
The offender is permitted
to record his comments while signing the challan receipt. This simple
innovation reduces avoidable friction at the time of challaning and
introduces greater accountability in the enforcement work.
This format is more
compatible with maintenance of records and data pertaining to traffic
The instructions to guide
the challaning officer are printed on the first page of the Challan
Book. The instructions are aimed at ensuring that the challaning
officers follow legal procedure in all situations that may arise in the
course of challaning traffic offenders.