Who can check my driving license?
22-Jan-2023 (In Motor Accident Law)
A driving licence (DL) is an official document required by law in India, in order to drive any vehicle. It is issued by the Government of India, permitting individuals to drive vehicles on the public roads. According to the Motor Vehicles Act, 1988 - no individual without a driving licence has the authority to drive a motor vehicle on public road.
There are different kinds of DLs that shall be applied for, to drive different types of vehicles. Once you obtain a license by any Regional Transport Office (RTO), your licence will be valid throughout the country.
Not only for the purpose of driving, a DL is also an important document for personal identity and is accepted at several places as a valid id proof by the Government.
1. Who can check your license?
A traffic police can stop your vehicle at any time if he has a reason to believe or suspicion over your driving, committing of any offence, or a violation of traffic rules. In such cases, the first thing a traffic policeman does, is demand your driving licence and inspect other necessary documents such as insurance, fitness permit, registration certificate etc. In certain offences, the traffic police also has the power to impound your licence.
2. Can the traffic police stop you even if you have not committed any offence?
A traffic policeman can stop you even if you have not committed any offence, simply to check if you are up to date with pollution checks / insurance checks, or to check if you are carrying the requisite documents.
3. What powers does the traffic policeman have, if you are stopped/pulled over?
A traffic officer has the right to ask for your driving licence and inspect other documents like PUC certificate, fitness permit, insurance certificate and registration certificate. As stated above, he even has the power to impound your driver’s licence in certain cases. He has the absolute authority on the public road and you have a duty to obey him, even beyond the traffic signals.
A Police Officer can also seize and detain your vehicle if the vehicle is being driven by you without your licence/permits/certificates. You can even be arrested by him (a police officer in uniform), if you are found committing an offence in his presence (eg. driving negligently and dangerously, for drunken driving, using a vehicle without any authority to do so, etc.)
4. What should you do when stopped by the Traffic Police? Rights and duties-
The traffic police are required to have an e-challan machine or a challan book to penalise you. Without these, they cannot. When you are stopped, as stated above, you will be required to produce the requisite documents, however, it is your wish to actually hand them over to him. This is because according to the law, you are only required to produce and not give them to the officer. Moreover, a traffic police can never take your driving licence away without a valid receipt.
It is also pertinent to know that your vehicle cannot be towed if you are sitting in it. You will be required to vacate it, before your car can be towed.
It is your utmost duty as required by law, to drive in accordance with the rules and regulations and not break the law. If you are stopped by a traffic police officer, you must never argue with him, and never even try to bribe him into letting you go. This could attract further trouble.
Even though it is important to obey him, but one must obey him only for the right things. You should be vigilant and never succumb to the illegal demands of the police. In case such demands are made, you should note his buckle number and name down. In case you are harassed, you can file a complaint with the police and state all the necessary particulars of the incident.
If a challan or prosecution slip is issued to you, ensure that all the details (name and address of the court where the offence will be tried, details of the offence committed, date of trial, details of the vehicle, name of offender and the challan-ing officer and the details of documents retained) are mentioned.
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Traffic Police:
- The primary authority responsible for checking driving licenses in India is the traffic police. They have the right to stop vehicles and request drivers to produce their driving licenses.
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RTO Officials:
- Regional Transport Office (RTO) officials also have the authority to check driving licenses. They often conduct random checks or may inspect licenses during vehicle registration or renewal processes.
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Authorized Government Officials:
- Certain authorized government officials, such as transport department officers, may also check driving licenses as part of their duties.
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Authorized Personnel at Checkpoints:
- At various checkpoints, including toll booths, security personnel, and law enforcement officers, may check driving licenses as part of security or law enforcement measures.
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Insurance Companies:
- Insurance companies may request a copy of your driving license when processing insurance claims or while underwriting policies.
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Vehicle Rental Agencies:
- When renting a vehicle, rental agencies often ask for a valid driving license to confirm your eligibility to operate their vehicles.
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Employers:
- Employers who require employees to drive as part of their job may check driving licenses to ensure that employees have the necessary qualifications.
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Government Authorities:
- Various government departments and agencies may require driving license verification for specific purposes, such as government job applications.
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Authorized Third Parties:
- In some cases, authorized third-party service providers may offer driving license verification services to businesses and government entities.
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