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notification2020Uttar Pradesh

Notification no. 10/2020/752/XXX-4-2020-1(sa)/2017

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Uttar Pradesh Shasan Parivahan Anubhag-4 In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification no.10/2020/752/XXX-4-2019-1(sa)/2017, dated: 30 July, 2020 Notification no. 10/2020/752/XXX-4-2020-1(sa)/2017 Lucknow dated: 30 July, 2020, In exercise of powers conferred under sub-section (1) of section 200 of the Motor Vehicles Act, 1988 (Act no. 59 of 1988) read with section 21 of the General Clauses Act, 1897 (Act no. 10 of 1897) and in supersession of Government notification no. 14/2019/ 931/XXX-4-2019/01(Sa)2017, dated June 07, 2019, the Governor is pleased to direct that the officers mentioned in column-1 of the Schedule below may compound the offence mentioned in column 3 and offence under sections mentioned in column 2 for amount mentioned against each in column 4 and 5 of the Schedule - SCHEDULE Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence (1) Officials of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers above the rank principal secretary, secretary and special secretary, Transport. of Motor Vehicles Act 1988, read with Section Traffic related offence: 1- Violation of parking rules. of Motor Vehicles Act 1988, read with Section 130, Rule 15(7) of Central Motor Vehicle Rule. 2- Failure to present certificate of Registration, Permit, Certificate of Fitness, Driving License, Pollution under control Certificate on demand NOTE: Documents in electronic form in Degiloker will be accepted. Section 47 read with Section 177 of Motor 3- Using registration mark of other states for a period exceeding 12 Months. Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence (2) Officials of Police Department (i) Gazetted Officers of Civil Police / Traffic Police Inspector / Sub- Inspector and Head constable. (iii) Inspector and Sub- Inspector of Civil Police, in the jurisdiction of the station area of their appointment (iv) All executive magistrates; Vehicles Act, Section 177 of the Motor Vehicles Act, read with the Section 119, except offences mentioned in Section 184 4- Violation of traffic rules by the driver except the offences mentioned in and without any indication changing the alignment. of the Motor Vehicles Act, 1988, read with section 5- Provide driving license to another person. Section -177 read with Section 123 of the Motor Vehicles Act, Passengers related offence: 6- Passengers standing on Footboard. Section -177 read with Section 72 (xiii) of the Motor Vehicles Act, Commercial Vehicles related offence: 7- To charge more than permissible fare. Section -177 of the Motor Vehicles Act, 1988, read with Section 28 of U.P. Motor Vehicle 8- Not to display essential required information in Transport Vehicles. Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence Rules. Section -177 read with rule motor vehicle rules. 9- Non function of fare meter in Motor Cab. 10- Other offences violating the Motor Vehicle Act or any of the provisions of the Rules, Regulations or Notifications issued thereunder, not mentioned above and for which specific fine are not prescribed. (i) Officers of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers of above the rank and principal secretary, secretary and special secretary, Transport. (ii) All executive magistrates; 178(1) Offences related with Passengers of Stage Carriage Vehicles: 1- To Travel without valid ticket or pass. 2- Deny showing ticket or pass when asked for. -Do- 178(2) Offences related with conductors of Stage Carriage Vehicles: Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence 1- Not to accept the fare or deny to accept the fare. 2- Not to issue to ticket or deny to issue ticket. 3- To supply invalid ticket. 4- To supply ticket of less fare. 5- Does not check ticket or pass. -Do- 178(3)(a) 178(3)(b) If the holder of a permit or driver of a contract carriage refuses, in contravention of the provisions of this act or rules made there under to ply the contract carriage or to carry the passengers:– (a) In case of two wheel or three wheel motor vehicles. (b) In other cases. (i) Officers of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers of above the rank and principal secretary, secretary and 179(1) Disobedience of any direction lawful given by the authority or make obstruction in the charge of any function which authorities required or empowered under this Act to discharge. Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence special secretary, Transport. (2) Officers of Police Department (i) Gazetted Officer of Civil Police / Traffic Police Inspector / Sub- Inspector and Head constable. (iii) Inspector and Sub- Inspector of Civil Police, in the jurisdiction of the station area of their appointment (iv) All executive magistrates; -Do- 179(2) Refusal to give information required to be supplied under this Act or giving false information which he believes not to be true. -Do- 180 Whoever, being the owner or person incharge of motor vehicle, causes or permits, any other person who does not satisfy the provisions of Section 3 or Section 4 to drive the vehicle. Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence -Do- 181 Driving vehicles in contravention of Section 3 or Section 4. -Do- 182(1) Driving the vehicle by a person who is disqualified under this Act for holding or obtaining driving license. -Do- 182(2) Acting as a conductor of stage carriage by a person who is disqualified under this Act for holding or obtaining conductor license. (a) Not below the rank of Additional Transport Commissioner and Principal Secretary, Secretary and Special Secretary of Transport department. (b) Not below the rank of Deputy Transport Commissioner and Principal Secretary, Secretary and Special Secretary of Transport department. 182(A)1 (A) Whoever, being a Manufacturer, Importer or Dealer of motor vehicles sells or delivers or alters or offers to sell or deliver a vehicle that is in contravention of the provisions of chapter VII of the Act and the rules and regulations made there under. (i) Manufactures (ii) Importer (B) Dealer 100000/-per vehicle 100000/-per vehicle Not below the rank of Deputy 182A(3) Whoever, sells or offers to sell or permits the sale of 100000/- per component Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence Transport Commissioner and Principal Secretary, Secretary and Special Secretary of Transport department. any component of a motor vehicle which has been notified as a critical safety component by the Central government and which does not comply with the provisions of chapter VII of Act and the rules and regulations made there under. (1) Officials of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers above the rank principal secretary, secretary and special secretary, Transport. 182A(4) Whoever, being an owner of motor vehicle alters a motor vehicle in a manner not permitted under this Act or the rules and regulations made there under. per alteration Not below the rank of Additional Transport Commissioner and Principal Secretary, Secretary and Special Secretary of Transport department. 182B (i) Violation of Section 62A(1): (On registration of any motor vehicle that contravenes any rule made under clause (A) of the sub section (1) of Section 110 relating to the provisions of the width, height, length and overhang of vehicles and Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence of the loads carried.) -Do- 182B (ii)Violation of Section 62A(2): (On contravention of any rule made under Section 110 relating to the provisions of issuing the Certificate of Fitness by any prescribed authority or authorized testing station.) (1) Officials of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers above the rank principal secretary, secretary and special secretary, Transport. (2) Officials of Police Department (I) Gazetted Officers of Civil Police / Traffic Police 183(1) Driving a motor vehicle or causes any person who is employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limits referred to in Section 112 of the Act. (i) In the light motor vehicle (ii) In the case of medium / heavy passenger / goods vehicle Not compound- able Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence Inspector and Head constable. (iii) Inspector and Sub- Inspector of Civil Police, in the jurisdiction of the station area of their appointment (iii) All executive magistrates; -Do- Section 184(c) read with rule 21 of Central motor vehicle rules. Use of handheld communications devices while driving. -Do- 186 Whoever drives a motor vehicle in any public place when he is to his knowledge suffering from any disease or disability calculated to cause his driving of the vehicle to be a source of danger to the public. -Do- 189 Whoever, without the written consent of the State government permits or takes part in a race or trial of speed between motor vehicles in any public place. -Do- 190(2) Any person who drives or causes or allows to be driven in any public place a motor vehicle in contravention of the Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence standards prescribed in relation to: 1- road safety such as without reflector, not fitted with retro reflective tape as per standards, non installation of speed limit device in commercial vehicles as per standards 2- Violation of prescribed standards in relation to air pollution. 3- Violation of prescribed standards in relation to noise pollution. (1) Officers of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers of above the rank and principal secretary, secretary and special secretary, Transport. (2) Officers of Police Department (i) Gazetted Officer of Civil Police / Traffic Section 192 read with section 39 and 56 of the motor vehicle Act. Section 192 read with Rule 51 of the Central Motor Vehicles rules 1989. (i) On the operation of motor vehicle without registration or with suspended or cancelled registration. (ii) On the operation of vehicle without valid certificate of fitness. (iii) Carrying registration mark displayed in the vehicle not in the prescribed manner. (iv) To Display other motor vehicle’s Registration No. on one’s vehicle. Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence Police Inspector / Sub- Inspector and Head constable. (iii) Inspector and Sub- Inspector of Civil Police, in the jurisdiction of the station area of their appointment. -Do- Section 192(A) of motor vehicle Act 1988 read with section 66 of Central motor vehicle Act. Whoever, drives a motor vehicle without permit or causes or allows a motor vehicle to be driven in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be driven. Officers of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Regional Transport Officer and all officers of above the rank and principal secretary, secretary and special 194(1) In the case of driving vehicle exceeding permissible weight:- (A) A motor vehicle to be driven in contravention of the provisions of section 113 and 115 of the Act, And (B) If a motor vehicle has excess load per ton of excess load. And Extra for every excess ton Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence secretary, Transport. -Do- 194(1A) Whoever, drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load are any part thereof or anything extends laterally beyond the side of the body or the front or to the rear of height beyond the permissible limit: (1) If the load is agricultural product. (2) Any other load. -Do- Section 194(2) of motor vehicle Act, 1988 read with section 114 of motor vehicle Act. Driving vehicle or cause or allow to be driven violating the provisions of Section 114 (refuse to stop and to submit vehicle for weighing after being directed to do so by an officer authorized in this behalf or removes or causes the removal of the load or part of in prior to weighing) (1) Officials of the Transport Department Passenger Tax Officer / Assistant Regional Transport Officer / Section 194(A) of motor vehicle Act, 1988 read with rule 135 of U.P. motor vehicle rules. Carrying excess passengers in passenger Transport vehicle other than approved in registration certificate or permit. per passenger Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence Regional Transport Officer and all officers above the rank principal secretary, secretary and special secretary, Transport. (2) Officials of Police Department (i) Gazetted Officers of Civil Police / Traffic Police Inspector / Sub- Inspector and Head constable. (iii) Inspector and Sub- Inspector of Civil Police, in the jurisdiction of the station area of their appointment (v) All executive magistrates; -Do- Section 194 B(1) of motor vehicle Act Failure to use safety belt while driving or carries passenger not wearing safety belt. -Do- Section 194 B(2) of motor vehicle Act Drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence 1988 attained the age of 14 years, is not secured by a safety belt or a child restraint system. -Do- Section 194 C of motor vehicle Act Whoever, drives a motorcycle or causes or allows a motorcycle to be driven carrying more than one person in addition to himself. -Do- Section 194 D of motor vehicle Act 1988 read with section 129 of Central motor vehicle Act and rule 121 of U.P. motor vehicle rule Violation of not wearing helmet. -Do- 194 E Failure to allow free passage to emergency vehicles like ambulance, fire fighting vehicle, etc. -Do- 194 F Whoever while driving a motor vehicle: 1- Sounds the horn needlessly or continuously or more than necessary to ensure safety or 2- Sounds the horn in prohibited area or 3- Drives a motor vehicle which makes use of a cutout by which exhaust gases are released other than Officials who can compound the offences Sections of The Motor Vehicles Act, 1988, under which a offence is to be compound Description of offences The amount of compounding fees In the case of first offense Second or In case of follow-up offence through the silencer. -Do- 196 Driving or allows a motor vehicle to be driven uninsured vehicle. -Do- 198 Unauthorized interference or temper with vehicle without authorization. By order, (Rajesh Kumar Singh) Principal Secretary