Motor Vehicle Act - whose liability

If my driver has committed a violation on road say pollution certificate is not there or driving without seatbelt or found to be drunk, what liability does he have and what liability do I have? more  

View all 32 comments Below 32 comments
As far as carrying all valid documents pertaining to the vehicle and the driver are concerned, its OK that the owner is responsible for the lapses but as far as driving without seat belt and in a drunk condition in absence of the owner are concerned, I think the driver himself is wholly responsible. more  
How a vehicle could be an immovable property ? more  
I liked the Question and compared with Tree came first or the seed.! Ms Savita Ravichandra you are liable for everything what your Driver has violated as he is driving your Car. As a Owner it is your responsibility to ensure that he carries all the documents and also puts his seat belt. In fact you who has to check the valid Licence exist with him. Therefore you can not shy away the responsibility. Yes Of course if he is alone in the car and over-speeds or jumps the signal then also the fine will come to your address because the Police will record the Vehicle Number and there your address will be there. more  
it is the responsibility of the owner . You must educate for such rules . more  
It seems that the Ms.Savita Ravichandran love to see her name in print (at least on a desktop monitor,or a smartphone since anyone can write anything about anything. First let me ask few questions as the changes made in the traffic violation ignited all these questions and people trying to fish in troubled waters. Now define the following:-
1.Owner of the vehicle...He/she is the person who paid for it (even if it is a loan) and registered in his/her name with all the details including parents name, or spouses name. This means the vehicle is the immovable property and part of his/her asset and he/she is fully responsible to follow the traffic rules in letter and spirit.
2.Driver. It could be the owner who is driving (self driven), or it could be an employee of the vehicle owner who pays for his/her services. Do the owner follow all the labour laws, including PF,ESI,Gratuity, one day off after 6 days working? Does he get Casual leave, sick leave,Earned leave? Has he been provided with proper clothing,footwear, etc or just the uniform?
3.Another type of driver is one who can be hired on hourly/daily/weekly basis. If you order every day a different person will report to you. You are liable to check his driving licence,its validity,place of issue and his personal identification card issued by the company where he is employed.
Vehicle registration papers or smart card must be kept in the car. The insurance (valid) policy hard copy must be kept in the car. Pollution certificate with validity must be kept in the car. The owner must make sure that the vehicle's fitness is as per the law.
During driving if the owner driver violates he is responsible.
If an employee driver violates rules the owner is responsible and the driver will be co accused as he might state the owner ordered him to commit the violation (going opposite direction of an one way street/road,riding or parking on footpath, parking at a prohibited place etc)

So, Madam, the Owner is responsible for all traffic violations and it is upto him/her to recover the fine,penalty if he or she can.
If you have the money to buy a vehicle, I hope you have enough common sense to follow the traffic rules. Happy motoring. more  
How a vehicle could be an immovable property? more  
Post a Comment

Related Posts

    • SAD END TO A BUDDING CAREER IS WHAT THE CHENNAI CITY IS DEBATING OVER :

      I have compiled the news in 3 headings . The News , The court opinion & the Action promised . Kindly read through patiently to know the feeling in the minds of the Hon’ble judges . Only f...

      By Jayakumar Daniel
      /
    • Common Traffic Violations - Must Watch

      Every year, 1.5 lakh people die on Indian roads. A total disregard for traffic rules and safety consciousness is India’s bane. Let’s hope the increased fines & penalties will reduce...

      By Indian Police Foundation
      /
    • Liability is for both.....

      Everyone is equal to law. Either a driver or a owner. While violations if the person owns the offensive vehicle then this question does not arises. If the vehicle is driven by someone other than ow...

      By Satish Patil
      /
    • New Traffic Fines from today

      Are attached. What should the Govt to do ensure this doesnt lead to increase in bribery rates of police and instead a large majority starts follow rules. Circles yours ideas are importan...

      By Rajesh Suri
      /
    • Beware of Google Home, Amazon Alexa and Siri

      Earlier Google, then Amazon and now Siri, they are listening to your intimate moments or private conversations and some are also sending to random people. Be very careful friends. I am going to rai...

      By Sarita Ravichandran
      /
    • How ATM frauds happen

      Must see and share friends. 2 of my family members have had ATM cards compromised where a sum of 9000-20000 was withdrawn from their cards. Blocking by bank happened after sms receipt etc but was t...

      By Nirmala Chauhan
      /
    • Public procurement of Sub-standard Medical Equipments

      Congrats for raising a valid and appropriate issue. The similar things are also happening in GeM (Government Electronic Market). Recently I learnt that many unscrupulous vendors registered under Ge...

      By Anonymous Circle member
      /
    • Counterfeit Auto Parts leading to loss of lives and revenue - Action Needed

      Counterfeit parts are leading to loss of lives and tax collection. Time India acts on this. LocalCircles please escalate. Till this becomes a main stream subject, Govt may not act. The o...

      By Sridhar Mohan
      /
    • Is Indiscriminate sand mining in river beds- one of the causes of flooding ?

      Sand mining in excess due to enormous construction activity has led to its demand . There is no study on the urban needs of housing and no plan on restrictive sand digging .All states are runn...

      By Prabhakarrao Yerragunta
      /
    • Anti notational statements by political leaders - curbs needed

      After the issue of abrogation of 370 there was support by all sections of Indian society .But the unhappy lot who are making statements continuously by intention or by accident or by just loose tal...

      By Prabhakarrao Yerragunta
      /
Share To
Enter your email & mobile number and we will send you the instructions

Note - The email can sometime gets delivered to the spam folder, so the instruction will be send to your mobile as well

Please select a Circle that you want people to invite to.
Invite to
(Maximum 500 email ids allowed.)