• Regarding multiple e-challan notice from Delhi traffic police for over speeding and red light jump

Dear Sir/madam
I am a government employee and my duty related to COVID 19 from 15.04.2020.Due to this I daily up down from Ashok vihar to Ghewara.I have received 17 e-challan notice (15 over speeding each Rs 2000 and 2 red light jumping for court) period from 15.04.2020 to 24.04.2020 which came to my knowledge via text massage on dated 24.04.2020 in which I have already paid 7 over speeding challan but rest beyond my capacity.My intention is not to violate rule but due to absent of traffic on road I accept that I increase the speed of vehicle upto 65 to 75 kmph where as maximum permissible limit shows on sign board is 50 kmph but in the matter of red light it is very confusing that which red light follow or not because many of these non working condition due to absence of traffic.
Please help me in this regard because the amount of challan is very much and beyond my capacity.
Asked 5 years ago in Consumer Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

1. The direction to report for duty during knockdown does not mean that you will be exempted from traffic or general laws.

2.Now if the fact is you were fined even though you neither oversped nor broke any traffic signal then you can raise objection with the traffic department regarding this.

3. However to waive those irregular fines you need some prima facie evidence to establish that law was broken. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can contest it but being fine you need to pay it. You can write to traffic commissioner and can request for waiving the same for your service in covid 19

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If you were over speeding you have to pay the fine 

2) 

if the e-challan is still not paid then the person who is guilty will get summon from the court and will be called to give clarification to the judge on breaking the law.

Third, if the person still refuses to attend the court session and to pay the e-challan, then his licence will be suspended.

 

 

4) you can take defence that red lights were not working hence fine not paid 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can contest the challan if you wish

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

See in case of over-speeding you have to pay the challan as there is record as far as red light jumping is there if there is photograph of same then you have to pay as there is proof if no then you may contest it and can file reply to review the challan before traffic department.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Deserted road no reason to break traffic rules. Since you are engaged in essential services, request the authorities/ traffic SP to withdraw challans. 

Or communicate this through HOD and follow rules.

Or when appear in court to pay challan, request for benefit under probation of offenders act.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Violating the traffic rules cannot get an exemption.

Since you admit to have violated the traffic rules, you may have to pay the fines as imposed.

As the challans have been generated it becomes a record hence you may not get any relief or respite over it.

You can pay the fines one by one till the lock down is removed, but be careful that you do not violate the rules anymore.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

It is sheer misuse of the police powers. You may file writ petition to quash all those notices in the High Court. It is a classic example as to how the traffic police exceeding their power and giving trouble to to the people even during this Lock Down period. If you have no money or don't want to spend money then approach any PIL advocate to file same as a challenge to the system prevailing in the society especially under nose of Parliament.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Absence of traffic on the road is no excuse to violate the traffic laws.

2. If, however, you have been challaned for red light jumping when there is no red light in the first place at that traffic stop then you may contest the traffic challan. The place where you allegedly jumped red light must have been clearly mentioned in the traffic challan.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

- As per law, Traffic rules are made , to protect you and others while operating a vehicle on the road. 

- Further , only in the mitigating circumstance of a medical emergency, one is allowed to break the traffic rules , and with the permission of traffic police official.

- Hence, you are not allowed to violate the traffic rules , even due to the absent of traffic on read , and each & every violation will be counted as a separate violation, and you are bound to face the consequences for the same.

- However, if you think that you was in emergency duty of COVID-19 , then dont pay the fines after receiving the e-challan notice, and let the court issue a notice to you.

-  After receiving the said notice , you can prayed before the court for waiving the fines on the ground of COVID-19 emergency.

- Further , as per Central government direction , State governments cannot lower the fines for traffic violations below that prescribed under the Motor Vehicles Act,

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Respected sir...

Not only you but many of other people are suffering from such kind of problem ... infact my father who is sub inspector in special cell..have faced 13 e challan in this lockdown period....sir ... The only way to make reductions of payment of such challan is to fill all challan in lok Adalat in the Honorable court only there  you can get relief .....

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Dear Sir,

You are suggested to have some patience now onwards during driving and write to traffic department to withdraw the said notice related to red light jump and over speeding. If not done by the police, do contest the matter in the court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You will get a call from the court or check the next date of appearance in court from online portal . Appear in court after lockdown and put your version. Challans might be cancelled by the judge on request and looking towards your contribution towards the country during this covid 19 situation. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Please be aware that there is no excuse of there is no traffic on the road so you started speeding and jumped signal as well. You have to pay the challans else you have to appear in court and may sent to jail if don't pay fine imposed.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If you think that the amount is too much you should refuse to pay it and challenge before the court. The fine cannot be exorbitant and always should be in accordance with the law.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Dear Sir/ Madam,

If you have received e-challans you can surely ask for the footage of the same from the issuing authority. As per violations you should abide as per traffic speed specified

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

You should appear before metropolitant magistrate once court starts the operation and pray for consession on challan penalty as red lights was jumped due to confusion as due to less traffic they are not operating properly.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Exemption is not given to any one in the M.V Act or Rules . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can visit in the court and in your application mention the single conditions are not working properly so its very confusion in that and secondly you don't have capacity to pay such fine as of now so it should be reduce to 15-20%.  And hence forth will not do any such mistake as I have already paid the 7 challans.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You shouldn't pay the challan. Wait DHS or tge lockdown to open and contact a lawyer who will lessen your amount through the challan court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer