Car Pollution: When To Call The Police?

Cars, trucks, and buses are major contributors to air pollution. They emit pollutants such as particulate matter, volatile organic compounds, nitrogen oxides, carbon monoxide, sulfur dioxide, and greenhouse gases. These emissions can cause serious health issues, including lung damage and respiratory diseases, and contribute to climate change. While governments and organizations are working to reduce vehicle pollution, individuals can also play a role in addressing this issue. In some places, traffic police may not have the authority to demand pollution control papers, but it is essential to comply with local traffic laws and keep the necessary documents with you when driving.

Traffic police can fine drivers of polluting vehicles

In Delhi, the traffic police have implemented new traffic laws to combat the city's rising pollution levels. These laws state that vehicles with diesel engines that are BS4 or lower, and petrol car engines that are BS3 or lower, will be fined. The temporary regulation stipulates that diesel cars must have engines that are BS5 or higher, and petrol vehicles must have engines that are BS4 or higher.

According to the Indian Road Rules, known as the 'Rules of the Road Regulation', driving a polluting vehicle is a serious offence. The penalties for such an offence include a fine of up to ₹5,000 but not less than ₹2,000, and/or imprisonment of up to 3 months for a first-time violation. For a second-time violation, the penalty increases to a fine of up to ₹10,000 and/or imprisonment of up to 6 months.

The traffic police have the authority to collect fines for traffic violations, and in some cases, they can also impound driving licences or tow away vehicles that are parked illegally or causing an obstruction. It is important for drivers to carry the necessary documents, such as a driving licence, registration certificate, and insurance certificate, to avoid additional penalties.

Traffic police cannot confiscate vehicles

While the police can pull over a vehicle to check for routine inspections, document verification, or random checks, traffic police cannot confiscate vehicles. However, in some cases, the police are permitted to confiscate your car temporarily or even permanently.

Reasons for Vehicle Stoppage

The traffic police may stop your car for a routine check or to inform you about a problem with your vehicle. They may also pull you over if they suspect you are breaking the law or to conduct random inspections to ensure all traffic rules are being followed. For instance, if you are driving at night without your headlights on or with a punctured tire, a traffic cop can signal you to stop.

Document Verification

During a car inspection, the traffic police may ask you to produce certain documents, such as the registration certificate, pollution-under-control (PUC) certificate, valid car insurance with at least third-party insurance coverage, and your driving license. It is essential to carry the original copies of these documents in your car. Soft copies stored on your phone or email can also be useful.

Rights of Traffic Police when Stopping a Car

The traffic police have the legal right to pull over your car, request essential car documents, confiscate documents in case of an offense (providing a receipt for the same), and arrest the driver in case of a serious offense.

Rights of the Car Driver when Stopped by Traffic Police

As a driver, you have the right to ask for the traffic cop's identification proof, refuse to hand over your driving license, request a receipt for document confiscation, object to towing if someone is in the car, file a police complaint in case of harassment, and refuse a challan if the cop does not have an e-challan generator or a valid challan book.

Vehicle Confiscation

The police are allowed to confiscate your vehicle under specific circumstances, such as when they arrest you after pulling you over. The length of time they can keep your car depends on the reason for the seizure, which can include safekeeping, arrest evidence, or forfeiture. If your car is confiscated for safekeeping, you should be able to retrieve it promptly once you are released from arrest. However, if your vehicle is seized as arrest evidence or for civil forfeiture, the process can take much longer, and your car may be held for months.

Only RTO officials can demand pollution control papers

In India, the Pollution Under Control (PUC) certificate is a crucial document for vehicle owners. It is a validation document that confirms a vehicle's emission levels are within the government-stipulated norms. The PUC certificate is issued by authorised emission testing centres, which are typically located at petrol pumps. The certificate is mandatory and must be carried by the vehicle owner at all times when driving. This is in accordance with the Central Motor Vehicles Act, 1989.

The PUC certificate is important as it provides information on the readings and observations of the PUC levels tested for a specific vehicle, as well as the dates of the test and its expiration. It also serves as proof that the vehicle is environmentally friendly and compliant with government regulations.

Now, who can demand to see these pollution control papers? Only RTO officials have the authority to ask for and check a vehicle owner's PUC Papers. Traffic constables do not have this right. If a commuter is stopped randomly without any traffic law violation, or if anyone below the rank of ASI asks for documents, the commuter can refuse to show them and even complain to senior officials.

It is worth noting that the PUC certificate is different from the Registration Certificate (RC). The RC is a separate document that contains information about the vehicle, such as the type of engine, and is issued when the vehicle is registered.

Traffic police can confiscate your license for certain offences

In Delhi, India, the traffic police have implemented new regulations to combat the city's rising pollution levels. These regulations specifically target vehicles with BS3 and BS4 engines, which are known for producing higher emissions. While these new rules focus on reducing air pollution, it is unclear if the police can confiscate your license for violating these regulations.

In the Philippines, the authority to confiscate a driver's license during a normal traffic violation lies with the Land Transportation Office (LTO) and law enforcement or peace officers duly deputized by the agency. Traffic police officers do not typically have the authority to confiscate licenses, unless they are acting as deputized agents of the LTO. This exception is outlined in Republic Act 4136, which grants the LTO the power to handle all aspects of the licensing process, including issuing, confiscating, suspending, revoking, or reinstating licenses.

Local traffic officers in the Philippines can confiscate licenses in cases involving injury or death due to a traffic violation, but only if they are deputized by the LTO. This exception ensures that local authorities can take immediate action in urgent situations.

It is important to note that different countries and regions may have varying laws and regulations regarding traffic violations and license confiscation. While traffic police in some areas may have the authority to confiscate licenses, it is always advisable to refer to the specific laws and guidelines of your local governing bodies.

Challans can be issued for violating temporary traffic regulations

Yes, the police can be called for car pollution, as it is a violation of traffic rules. A challan is a penalty imposed on individuals who violate road rules or regulations.

In India, traffic laws are essential for ensuring road safety and regulating traffic flow. However, their complexity can lead to confusion, especially regarding the authority to enforce them. While constables cannot issue challans, they can stop your vehicle and request initial information if they suspect a serious violation. The Motor Vehicles Act, 1988, authorises only officers of the traffic police department or those above the rank of Sub-Inspector (SI) in the civil police to issue challans.

Challans can be issued for a range of violations, including:

• Improper parking
• Speeding
• Driving without a valid license
• Driving under the influence of alcohol
• Using a mobile phone while driving
• Not wearing a seatbelt
• Not giving way for emergency vehicles

The process of receiving and disputing a challan is important to understand. When issued a challan, an officer must inform you of the reason for the stop and the penalty involved. You have the right to ask for their identification and can dispute the challan if you believe it was issued unjustly. Disputing a challan involves gathering evidence, filing a complaint, and awaiting a response from the traffic authorities.

Temporary traffic regulations are subject to the same rules as permanent ones, and challans can be issued for violating them. For example, during a festival, the state police may be involved in traffic control and have the authority to issue challans for violations of the temporary regulations.

Frequently asked questions