Is it actually Illegal to give lift to a stranger in India?
Mr.Nitin Nair, a Mumbai resident who gave lift to a couple of gentlemen on his way to office, was imposed a fine of Rs.2000!!
“This happened on June 18, 2018, on a heavy rain day. Mr.Nitin Nair was en route to office, when he saw a couple of gentlemen wearing ID card of an IT company, waiting for a lift. With an intention to help, he offered to give lift to them. After a little while, a traffic cop stopped them and started taking pictures of his car and seized his driving license. When he asked for the reason, the cop told him that it was illegal to give lift to strangers.
The next day, when he went to the police station to retrieve his driving license, he was informed that he was booked under section 66/192(1). He was also informed to go to the court, accept his mistakes, pay the fine and get back his Driving License.
He was fined Rs.2000 by the court and had to run for days to get back his Driving License.!!
He also posted a Facebook post which went viral, stating that his intention was just to help people and in turn he landed into trouble. Nobody would even attempt to help others, if there are such laws!”
The Law does not actually prevent you from giving lift. But the law under which Mr. Nitin Nair was booked under, prohibits the usage of personal vehicles for commercial purpose.
Consider, you offered a lift to a stranger in your private vehicle, if the cop stops you and the passenger says that he is paying to travel in a private vehicle, a case can be booked against the owner of the vehicle.
The law does not interfere in the helping tendency of any being. Be informed about the liability that comes thereafter. In case, you are booked under section 66/section 192, you may have to prove to the court that you offered lift without accepting any cash for commuting the passenger and you were having intentions just to help!
In case of accidents, the insurance company will not cover any damages to the passengers or the vehicle. The liability is completely on the owner of the vehicle and not the driver!
In Mumbai case, Mr.Nitin Nair may have been mistaken for taking the passengers for money. If Mr.Nair had hired a good advocate instead of pleading guilty, the outcome would have been different!
Know about few Acts involved in Mr.Nitin’s case!
#Section 66 in Motor Vehicles Act, (insists on the necessity of ‘Permits’) states that the vehicle used for the commercial transportation purpose must get permit from the Regional Transport Authority (RTA) (Yellow plate Vehicles). This law prevents unauthorized private vehicles being used as Taxis.
#Section 192(1) states that the driver must carry the appropriate certificate of registration for the motor vehicle, failing which may impose a fine of upto Rs.5000 but not less than Rs.2000 for the first offence, and for the second or subsequent offences, imprisonment which may extend upto one year or fine upto 10,000, not less tham 5000.
#Section 192(2) (exemptions), states the use of motor vehicles in case of emergency for conveyance of sick or injured people and for the transportation of materials or food or medical supplies to relieve distress, provided it is informed to Regional Transport Authority(RTA) within 7 days of such use.
