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Vikash Sharma

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  • Footage from an electronic enforcement device having electronic stamp for location, date and time can be used to issue challans for traffic offences.

The Ministry of Road Transport and Highways (MoRTH) has issued a notification by effecting amendments to the Central Motor Vehicle (MV) Rules 1989 for Electronic Monitoring and Enforcement of Road Safety.

The rules specify provisions for installation of electronic enforcement devices like speed camera, closed-circuit television camera, speed gun, body wearable camera, dashboard camera, Automatic Number Plate Recognition (ANPR) and weigh in machine (WIM).

The respective State Governments shall ensure that electronic enforcement devices are placed at high-risk and high-density corridors on the National/ State Highways and at critical junctions at least in major cities with more than one million population, including the 132 cities as specified in the table given in the rules.

As per the norms, footage from an electronic enforcement device having electronic stamp for location, date and time can be used to issue challans for the following traffic offences:-

(i) not driving within the prescribed speed limit (Sections 112 and 183)

(ii) stopping or parking vehicle at an unauthorised location (Section 122)

(iii) not undertaking safety measures for drivers and pillion riders (Section 128)

(iv) not wearing protective headgear or helmet (Section 129)

(v) jumping a red light, violating a stop sign, using handheld communications devices while driving, passing or overtaking other vehicles in a manner contrary to law, driving against the authorised flow of traffic, driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous (Section 184)

(vi) driving vehicle exceeding permissible weight (sub-section (1) of Section 194)

(vii) driving without safety belt (Section 194B)

(viii) contravention of rule 6 (pertaining to lane driving) of the Motor Vehicles (Driving) Regulations, 2017 (Section 177A)

(ix) Goods carriage carrying passengers (Section 66)

(x) contravention of rule 36 (pertaining to registration plates) of the Motor Vehicles (Driving) Regulations, 2017 (Section 177A)

(xi) driving vehicle with load that extends beyond the sides of body or to the front or to the rear or in height beyond the permissible limit (sub-section (1A) of Section 194)

(xii) failure to provide free passage to emergency vehicle (Section 194E).

All challans issued under rule 167 in electronic form using auto-generation of challan through the electronic monitoring and enforcement system shall be accompanied by the following information:

(i) clear photographic evidence highlighting the offence and the license plate of the vehicle

(ii) measurement from the electronic enforcement device

(iii) date, time and place of the offence

(iv) notice specifying the provision of Act that has been violated

(v) certificate as per sub-section (4) of Section 65B of the Indian Evidence Act 1872(1 of 1872), which,- (a) identifies the electronic record and describes the manner in which it was produced (b) gives such particulars of any device involved in the production of that electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer.

All the Challans, under sub-rules (1) and (2), shall be issued in the name of the registered owner of the vehicle and must be accompanied with a notice of offence in electronic form viz SMS or e-mail or in physical form.

The payment of the challan shall be made within the time period specified in the sub -rules (5), (6) and (7) of rule 167. The payment of e-challan can be made electronically on an online portal specified by the State Government or using cash or card at Traffic Police Stations or at designated place.

“The notice of offence shall be sent within fifteen days of the occurrence of the offence and the electronic record collected by way of electronic monitoring should be stored till the disposal of challan and in the case where the electronic record relates to an offence, should be stored till the conclusion of proceedings initiated, including appeals,” the notification read.

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