Traffic Violation

Surety bond

Traffic violations are offences. If a driver of a an automobile violates a traffic Rule or Order he is liable to be prosecuted in the court of law. However most of the offences are compoundable (i.e. it can be compromised). The Police Officer who charges the money and issues the pink slip is actually the compounding officer and the payment you make is not the penalty but compounding fee. Now if we do not accept ourself as guilty, we can refuse to compound upon which the police officer shall have to send a complaint to the office of concerned magistrate who in turn shall summon us and conduct the trial into offence. However there is a practice prevailing that if we do not pay the compounding fee, the police officer retains our driving licence and sends it to concerned magistrate along with the complaint. It appears that deposit of driving licence is like a Surety Bond for appearance. I have tried to locate the source of power to ask for such Bond by way of driving licence but I could not find it in Motor Vehicles Act, 1988. Would some one enlighten me with the source of such power?

© Sandeep Bhalla

Advertisements

About Sandeep Bhalla

A lawyer, thinker, author, Linux/Ubuntu power user and sometime an economist or gardener or philosopher or cook or photographer depending upon the current thought and environment. View all posts by Sandeep Bhalla

Please share your views.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s