In India, it is mandatory to follow the rules of the road regulation whether you ride a bike, drive a car, truck, or a commercial vehicle. Following road safety rules and regulations, which have been in effect since 1989, ensures you have a safe drive and helps avoid inviting traffic Challan. The Transport Department of West Bengal enforces the updated Motor Vehicles Act, of 2019, with the effect of revised penalty rates.
Being aware of the traffic rules will ensure a safer experience on the road for all. Drivers/riders must carry mandatory documents such as a driving license, PUC certificate, registration certificate (RC), and insurance at all times. Defaulters caught violating traffic rules and unable to show any of these documents will be issued a challan by the West Bengal traffic police. Therefore, it is in everyone’s best interest to follow the traffic rules.
Check out the West Bengal traffic challan rates list 2024 as per 24th January 2022 of Transport Department, Govt. of West Bengal:
| Offense | Penalty (in INR) |
|---|---|
| Driving without a seat belt | 1000 |
| Triple riding on two-vehicle | 1000 |
| Driving without helmet | 1000 |
| Carrying excess luggage | For the first offence:500 For repeat offense: 1500 |
| Driving without a number plate | For the first offense: 500 For repeat offense: 1500 |
| Parking in ‘no parking zone | For the first offense: 500 For repeat offense: 1500 |
| Minor driving vehicle | 25000 |
| Disobey of traffic signals | For first offence:5000 For repeat offense: 10000 |
| Dangerous/rash driving | For the first offense: 5000 For repeat offense: 10000 |
| Using a mobile phone while driving | For the first offense: 5000 For repeat offense: 10000 |
| Drunken driving | 10000 |
| Failure to intimate change of the address of the vehicle owner | 2000 |
| Driving uninsured vehicle | 2000 |
| Violation of road regulations | 1000 |
| Over-speeding | For Light motor vehicle (LMV): 1000 For Medium passenger goods vehicle: 2000 |
| Carrying explosive/inflammable substances | 10000 |
| Not giving passage to emergency vehicles | 10000 |
| Driving when mentally or physically unfit to drive | For the first offense: 1000 For repeat offense: 2000 |
| Racing | For the first offense: 5000 For repeat offense: 10000 |
| Disqualified person driving a vehicle | 10000 |
| Driving a vehicle registered in another state for more than 12 months | For the first offense: 500 For repeat offense: 1500 |
| Failure to intimate change of the address of vehicle owner | For the first offense: 500 For repeat offense: 1500 |
| Driving without a valid driving license | 5000 |
| Driving without insurance | 2000 |
| Overloading | 2000 |
Driving without a Driving License/expired License
Under the Motor Vehicles Act of 1988, driving with an expired license is the same crime as driving without a license. It is a serious traffic violation and a punishable offense under Section 177 of the Act. As per new traffic rules effective from September 2019, the penalty for driving without a license or an expired license would incur a fine of ₹5000 (earlier, it was only ₹500). In addition to the fine, the defaulter may face imprisonment for up to 3 months. However, the penalty charges may vary from state to state.
Failure to produce a Driving License
Driving with a valid Driving License on Indian roads is a mandatory requirement, as per the Motor Vehicles Act. A police officer (in uniform), by law, is allowed to demand a driving license. And it is mandatory to present/produce a driver’s license when asked. If you fail to do so, you will be liable guilty of an offense and will get a fine of ₹500 and ₹1000 (for the second time).
An unauthorized person driving the vehicle
As per Section 180 of the Motor Vehicles Act, allowing an unauthorized person to drive vehicles is illegal in India. In case a vehicle owner or person in charge permits any other unauthorized individual (who does not satisfy the provisions of Section 3 or Section 4) to drive the vehicle shall be liable for a fine of ₹5000 or imprisonment up to 3 months or both.
Learner driving without displaying L Plates
As per the Motor Vehicle Act of 1988, an Indian citizen cannot drive a vehicle on a public road without having a valid driving license. However, if you are just starting to learn to drive, it is compulsory to get a valid Learner’s License (LLR) to practice on roads under the supervision of a permanent driving license holder. A learner license holder must display a red color L-symbol/sticker on a vehicle that should be visible from a distance. Failing to do so will invite a fine of ₹500.
Driving without/Expired Registration Certificate (two-Wheelers)
In India, it is mandatory to register your vehicle before driving them on public roads. Once registered, you will receive a Registration Certificate (RC), which is compulsory to carry at all times while riding your vehicle. According to the Motor Vehicle Act 1988, one should not ride a two-wheeler vehicle on public roads without a valid Registration Certificate or an expired RC. If you get caught riding a motor vehicle without/expired RC, you can be penalized with a fine of ₹3000 for the first offense and ₹5000 for the subsequent offense.
Driving without/Expired Registration Certificate (Other vehicles)
Registering your vehicle is mandatory before driving it on public roads. Upon registering, you will receive a Registration Certificate (RC), which is required to carry, at all times while driving your vehicle. According to the Motor Vehicle Act 1988, one should not drive on public roads without a valid Registration Certificate or an expired RC.
If you get caught driving a vehicle without/expired RC, you will be charged with a fine of ₹5000 for the first offense and ₹10,000 for the subsequent offense. There are a few exceptions to this, however, one must inform their Regional Transport Authority (RTA) within seven days of the reason for which you need to use a vehicle. Otherwise, you’ll be fined.
Road Tax not paid
According to section 177 of the Motor Vehicles Act, paying road tax is mandatory for vehicle owners (both two and four-wheelers) in India. Road tax, also known Life time tax, is collected at the time of purchasing or registering a new vehicle.
However, different states have different methods of paying for road tax; it is either paid quarterly, annually, or all at once. Road taxes are to be paid either online or offline at the Regional Transport Office (RTO). If a vehicle owner fails to pay road tax, he or she has to pay a fine of ₹500. In some cases, your vehicle papers (copy of RC book) might get seized if you are caught driving a vehicle without paying Road Tax.
Driving a transport vehicle without a Fitness Certificate
To ensure a vehicle is fit for the public roads, every transport vehicle must possess a valid vehicle fitness certificate (FC) issued by a Transport Department. A fitness certificate ensures that your vehicle is in excellent condition and that it is not a contributor to pollution (via motor vehicle emissions).
Under the Motor Vehicle Act, section 56, a transport vehicle is not deemed to be valid unless it carries a Fitness Certificate. The drivers or owners operating transport vehicles without a valid fitness certificate will be imposed a fine of ₹5000 for the first offense and ₹10,000 for the second or subsequent offense. In addition to the penalty, vehicle owners or drivers can even be sent to prison.
Driving a transport vehicle without a Permit
Section 66 with Section 192 A of the Motor Vehicle Act states that plying a transport vehicle without/an expired permit is a punishable offense. Whoever finds plying a transport vehicle without the permit required by sub-section (1) of section 66 shall be punishable with a fine which may extend to ten thousand rupees and for any subsequent offense with imprisonment, which may extend to one year or with both.
There are few exceptions to this (vehicle in an emergency for the carriage of persons suffering from injury or sickness or for the transport of food, materials for repair, or materials to relieve distress or of medical supplies), however, one must inform their Regional Transport Authority (RTA) within seven days of the reason for which you need to use a vehicle, otherwise, you’ll be fined.
Carrying excess passengers
As per the Motor Vehicle Act, Section 194A, driving a transport vehicle carrying more passengers than is authorized in the registration certificate of the particular vehicle shall be punishable with a penalty of ₹200 per excess passenger. Such vehicles shall not be allowed to move before the extra passengers are off the vehicle, and an alternate vehicle is arranged for them.
Driving without/expired insurance
A motor insurance policy is a type of security that helps to provide coverage for the losses that happened, either to you or the third parties who suffered in an accident. Under the new Motor Vehicle Act 2019, Under Section 81, it is illegal to drive a vehicle without/ an expired insurance policy. The Government of India has made third-party coverage mandatory for all motor vehicles to drive legally on public roads.
Driving without an insurance policy amounts to a fine of ₹2000 for the first offense, whereas ₹4,000 for a second or any other subsequent offense, and/or imprisonment of up to 3 months. The fine levied for driving without/expired insurance is the same for all types of vehicles- two-wheelers, four-wheelers, and commercial vehicles.
Failure to report a change of address within the prescribed period
If a vehicle owner changes his residential/commercial address mentioned in the RC, she or she shall is obligated to report his new address within thirty days. As per Section 49(2)/177 of the Motor Vehicle Act, if the owner fails to register his new address to the concerned authority within the period specified, he shall be imposed with a fine of ₹500 for the first offense and ₹1000 for a second or any other subsequent offense.
Violating air pollution standards
Section 190 (2) of the Motor Vehicles Act 1988, states that any person who drives a vehicle, which violates the air pollution standards shall be punishable. The defaulter would have to incur a fine of ₹2000 for the first offense and ₹5000 for any second or subsequent offense. In addition to the fine, drivers or vehicle owners shall be disqualified for holding a license for three months.
Overloading
In India, driving a car exceeding the permissible limit is a punishable offense. Section 194 (IA) of the Motor Vehicle Act states that anyone caught driving a vehicle extending load beyond the limits shall be punishable with a fine of ₹20000 and an additional amount of ₹2000 per tonne of surplus weight along with the liability to pay charges for off-loading of the excess load.
Failure to provide passage to emergency vehicles- Fire Service Vehicle/Ambulance
Under Section 194 E of the Motor Vehicle Act, failure to allow free passage to emergency vehicles such as ambulances, fire service vehicles, etc. is a punishable offense. Anyone caught while driving a motor vehicle fails to not give way on the approach of an emergency vehicle specified by the State Government shall be punishable with a fine of ₹10000 and/or imprisonment for up to six months.
Use of mobile phone while driving
Overspeeding, drunk driving, and using a mobile phone while driving vehicles account for the majority of road accidents that happen in the country. As per the notification issued by the Road Transport Ministry, using a mobile phone while driving is a punishable offense. However, drivers can only use mobile phones for navigation purposes. Section 184/188 of the Motor Vehicles Act, the use of hand-held devices while driving attracts a fine of up to ₹2000 and ₹10000 (if caught violating the rule within three years of the first offense). In addition to the fine defaulter may also face imprisonment for up to one year.
Over-speeding
According to recent data, it is highlighted that the main cause of the majority of accidents leading to death happens because of over-speeding. To keep the interest of public safety, it is necessary to limit the speed of motor vehicles. Section 112 of the Motor Vehicles Act 1988 states that no person shall drive a motor vehicle at a speed exceeding the reasonable limit, having regard for the traffic and the safe use of the street or highway. Overspeeding in India is a punishable offense and attracts a fine of ₹1000 for two-wheelers/LMVs and ₹2000 for Medium/Heavy Goods/Passenger vehicles.
Driver mentally/ physically unfit
Driving when mentally or physically unfit to drive is a punishable offense. As per section 186 of the Motor Vehicles Act, any person who drives a motor vehicle in any public place when he is to his knowledge, suffering from any mental disease or physical disability figured to cause his driving of the vehicle to be a source of danger to the public shall be punishable for the first offense with a fine of a ₹500 and for a second or subsequent offense with fine which may extend to ₹1000.
Violation of mandatory road signs
In India, it is compulsory to follow road signs such as No Entry, One-way Entry, Give Way, no left turn, no right turn, no overtaking, etc. Violation of mandatory signs may jeopardize your and others’ safety and also invite disciplinary action. Therefore, to avoid this situation, one must comply with all the rules and regulations implemented by the Government of India. Under section 177 of the Motor Vehicle Act, contravening road safety signs is considered a criminal offense and shall be punishable for the first offense with a fine of ₹500 and for a second or subsequent offense with a fine which may extend to ₹1000.
Disobeying Police Orders
According to the Motor Vehicles Act, section 119/177, disobeying the signal of an on-duty Police officer regulating traffic is considered a criminal offense. It shall be illegal for any person to refuse to comply with any lawful order, signal, or direction of a police officer in the control of authorized vehicular traffic. Defying traffic police orders shall attract a fine of ₹500 for the first offense and ₹1000 for a second or subsequent offense.
Racing and Trails of Speed
Section 189 of the Motor Vehicles Act prohibits racing and trails of speed. Any person without the written consent of the State Government takes part in a race or trial of the speed of any kind in any public place shall be punishable with imprisonment for up to three months, or with a fine of ₹5000, or with both and for a subsequent offense shall be punishable with imprisonment for a period which may extend to one year, or with a fine of ₹10000; or with both.
Wrong Parking
Incorrect parking (Parking where prohibited/ cycle track/ on the footpath /main road carrying fast traffic) of a vehicle in a public space can likely cause danger, obstruction, or undue inconvenience to others. According to Section 122/177 of the Motor Vehicles Act, leaving/parking a vehicle in the wrong position is punishable by law. Transgression of the act attracts a fine of ₹500 for the first violation and ₹1000 for a second or subsequent violation.
Driving without helmet
Section 194D of the Motor Vehicle Act states that not wearing protective headgear/helmet while riding on a motorcycle is felonious. Any person who gets caught riding a motorcycle in contravention of the provisions or the rules or regulations made thereunder shall be penalized with a fine of one thousand rupees, along with a suspension of license for three months.
Triple Riding on 2-Wheeler
Overloading a pillion rider on a two-wheeler is a violation of safety measures and accounts for a serious criminal offense. Under section 194C of the Motor Vehicles Act, anyone who drives a motorcycle or causes or allows a vehicle to be driven in breach of the provisions of section 128/(I) or the rules or regulations made thereunder shall be punishable with a fine of ₹1000 and he shall be disqualified for holding a license for 90 days.
Honking unnecessarily
In India, section 194F of the Motor Vehicles Act states that a driver shouldn’t blow the horn needlessly or continuously. Not only it add to the noise pollution, but blowing horns unnecessarily causes a traffic jam and distracts others using public roads. The only legal use of “Honking” is related to safety (for example, to direct others to give way to emergency vehicles). Unnecessary use of a horn while driving a motor vehicle, honking needlessly in an area with a traffic sign prohibiting the use of a horn shall be punishable with a fine of ₹1000 and for a second or subsequent offense with a fine of ₹2000.
Driving without seat-belt
Not wearing a seat belt while driving a car is a serious traffic rule violation and is illegal in India. The new Motor Vehicles Act, 2019 under section 194B (1) states that anyone driving a motor vehicle without wearing a safety belt or carrying passengers in the front seat not wearing seat belts shall be punishable with a fine of ₹1000 (earlier it was ₹100). Along with the fine, traffic police can also seize the vehicle or suspend a driving license. To keep your safety in mind and avoid the penalty, ensure you and the person in your front passenger seat are always wearing seatbelts.
Children below 14 Yrs. not secured by safety Belt/Child Restraint System
Under section 194B of the Motor Vehicles Act, anyone who drives a motor vehicle or allows a motor vehicle to be operated by a child who has not completed the age of fourteen years, and is not secured by a safety belt or a child restraint system shall be punishable with a fine of ₹1000. To avoid getting penalized, one must use child seats, safety belts, or a child restraint system while driving motor vehicles.
Offenses by Juvenile
Any offense committed under section 199A of the Motor Vehicle Act by a juvenile, the guardian of such juvenile, or the owner of the motor vehicle shall be deemed to be guilty and liable to be penalized accordingly. In addition to the penalty charges, such guardian or owner shall also be punishable with imprisonment for up to three years, along with a fine of ₹25,000. In some cases, the registration of the vehicle used in the commission of the offense shall be canceled for a year. Also, such juveniles shall not be eligible to be granted a driving license until they have attained the age of twenty-five years.
However, the provisions of the act shall not apply to the guardian or owner if the juvenile committing the offense has been granted a learner’s license (LL) or a driver’s license.
What happens if the traffic challan is not paid in West Bengal?
The West Bengal traffic police department has defined various traffic rules and regulations to prevent traffic violations. The e-challan system in West Bengal is one of the effective ways to ensure a smooth and secure flow of traffic in the city. Only the West Bengal Traffic Police and Kolkata Traffic Police are authorized to impose and collect e-challan fines.
An e-challan imposed in the state needs to be paid within 60 days from the date of its issuance. Failing to pay the fine in a specified time may result in a court hearing. And, not showing up in the court hearing can escalate the matter, leading to the suspension of your driving license.
