Booked by traffic police
Day before yesterday at 5 p.m., I was booked by a traffic sergeant in Kolkata for violating a one-way restriction. I had indeed overlooked the road sign by mistake. He wrote fine of Rs. 2000/- under Section 115/194 on a form that lists MVA, 1988, WBMVR, 1989 & CMVR, 1989. Then he gave me a copy of the filled-in form and confiscated my driving licence. Now it seems Sections 115 and 194 pertain not to traffic violations but quite different things in both WBMVR, 1989 (see e.g. https://wbxpress.com/wp-content/uploads/2013/09/WB-MOTOR-VEHICLE-RULES-1989.pdf) and CMVR, 1989 (see e.g. http://www.tn.gov.in/sta/Cmvr1989.pdf). Thus it appears that only MVA, 1988 might apply. But as per the link http://www.indiandrivingschools.com/traffic-offences-and-penalties.php given in the blog post http://lawfarm.in/blogs/fines-and-penalties-for-traffic-violations-in-india dealing with traffic violations on your site, as also several other websites, even in MVA, 1988 it is not Sections 115/194 that apply for violations of one-way restrictions but Section 177 and the fine is just Rs. 100/-. Could you please advise what my course of action should be? Thanking in anticipation, Arindam Sengupta Kolkata
The fine imposed is correct as per new amended Act/Rules. Please go through attached link.
|Driving vehicles in violation of restriction (No Entry Violation)||115||194 (1)||Rs. 2000/-||Rs. 3000/-||Rs. 5000/-||----|
S. 115 and S. 194 of the MVA can rightly be applied in this case. As per S. 115, the driving of motor vehicles may be prohibited or restricted either generally in a specified area or on a specified road. Hence, this case attracts S. 115 as the One-Way restriction may be imposed under the ambit of this provision. S. 194 of the MVA penalizes whoever drives a motor vehicle in contravention of the provisions of S. 115, in the form of a fine which may extend to Rs. 2,000. Hence, in the present case a fine of Rs. 2,000 may be imposed under S.115 r.w. S. 194 of the MVA, for contravention of the One-Way restriction.
 Available at: https://indiankanoon.org/doc/1631786/.
 Available at: https://indiankanoon.org/doc/132499746/.
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