The Ministry of Road Transport & Highways has issued Standard Operating Procedure (SOPs) ensuring that vehicle owners may be allowed to present their documents like certificate of registration, insurance, fitness and permit, driving licence, certificate for pollution under check and any other relevant documents, etc in electronic format. They may now not be required to carry these documents in hard formats.
The Ministry of Road Transport & Highways has issued an amendment in Rule 139 of the Central Motor Vehicles Rules vide its Notification bearing No. G.S.R. 1081 (E) dated the 2nd November 2018, enabling production of requisite documents in electronic form with a view to ease of living for the people.
As per recent amendment dated 2nd Nov 2018 of Rule 139 of the CMVR, 1989 - Production of licence and certificate of registration - 'The driver or a conductor of a motor vehicle shall produce certificates in physical or electronic form certificate of registration, insurance, fitness and permit, the driving licence, certificate for pollution under check and any other relevant documents on demand by any police officer in uniform or any other officer authorised by the State Government in this behalf, and if any or all of the documents are not in his possession, he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents by registered post within 15 days from the date of demand'.
As per section 4 of the IT Act 2000 i.e. Legal recognition of electronic records - 'Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or mater is - (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference'.
Further, 'electronic form' has been defined in Section 2 (r) of the IT Act 2000 as: "electronic form" with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device.
As per the provisions of the Motor Vehicles Act 1988, and the Central Motor Vehicles Rules 1989, the owner/driver has to produce the documents to the authority on demand.
The data related to the insurance of new vehicles and renewal of insurance of vehicles is being uploaded by the Insurance Information Board (IIB) on the VAHAN database on a daily basis now and the validity of the insurance is reflected on the mParivahan/ eChallan app.
The mParivahan mobile app of the Ministry of Road Transport & Highways Ministry has the Driving Licence, Registration certificate, Fitness validity, Insurance validity, Permit validity of the citizen on real time basis, by entering the Driving Licence Number in case of the Driving Licence details or the Registration Number for Details pertaining to the vehicles.
mParivahan is available to each citizen and eChallan to only enforcement officers from the Transport Department or the Police Department.
The DigiLocker platform of the Ministry of Electronics and Information Technology, Government of India, has the facility to pull a citizen's Driving Licence or the Certificate of Registration details from VAHAN and make it available in the Digilocker App in an electronic form.
These electronic records available on DigiLocker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000.
If the online virtual copy of DLIRC (along with QR Code) or any other updated validity status (like Insurance, Tax, Permit, PUC etc.) is not available on mParivahan or DigiLocker app carried by the user, then the relevant paper documents will be required to be carried.
Standard operating Procedure (SoP) for validating information or impounding the document(s) in Electronic Form by the enforcement agencies is as follows.
Validation of documents produced in an Electronic form
The Enforcement officer can enter the details of driving licence (DL) or the Certificate of Registration (RC) in their eChallan or mParivahan application to validate the information provided for the Driving Licence, Certificate of Registration, Fitness, Insurance, Tax etc. This would be done on an online basis using the Internet.
The Enforcement officer can scan the QRcode of the documents produced through the Digilocker based app by scanning through the QRcode scanner in the Digilocker app to verify the document. The QRcode in Digilocker document is encrypted and can be validated only by Digilocker app. Internet connectivity is not required for scanning the QRcode and validating the documents.
The Enforcement officer can scan the QRcode of the documents produced through the mParivahan based app by scanning through the QRcode scanner in the eChallan app to verify the document. The QRcode in mParivahan base document is encrypted and can be validated only by eChallan app. This is an additional security feature provided by the Ministry of Road Transport and Highways. Internet connectivity is not required for scanning the QRcode and validating the documents.
If the vehicle registration details on the mParivahan / eChallan app contain the date of the validity of the insurance policy, fitness, tax etc. which is in-force then the requirement of a physical copy of the insurance certificate or other such document is not required.
There would be no requirement of seizure / impounding of the documents in cases where there is no traffic related violation but validation of information can be ensured through mParivahan or eChallan or Digilocker.
The process flow under the eChallan app for generating challan and further action:
Generating Challans for violations
The competent authority should have provided the authorisation in the eChallan app for the facility to the concerned enforcement officer to make a challan.
Online recommendation for suspension
Benefits of adopting eChallan
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