The Motor Vehicles Act and Rules stress the need for updating the change of ownership, change of address in registration certificates and in driving licences, writes V.S. Palaniappan.
Coimbatore: Owners of motor vehicles should ensure that their vehicle records are updated as and when the details mentioned therein underwent a change. These have been clearly indicated in the Motor Vehicles Rules and Act.
Failure to get the address changed or mention of change of ownership on vehicle records could lead to legal complications. Transport Department officials said that change of ownership endorsement was not usually done by vehicle owners who bought used vehicles, especially two-wheelers. Failure to update ownership records would lead to liability lying with the first or previous owner of the vehicle, even if it had been sold.
For example, if the vehicle was involved in an accident causing loss of life or if the vehicle was used for smuggling contraband, only the previous owner would be held responsible. This previous owner would have to go through a long legal procedure to prove that the vehicle was already sold or it was no longer in his possession.
Currently, whenever a vehicle was sold, the original owner signed form numbers 29 and 30 and papers relating to transfer of insurance and handed over the vehicle after taking a delivery receipt signed by the buyer. This did not completely absolve the owner of the responsibilities arising after handing over the vehicle. The Central Motor Vehicle Rules (CMVR) and Motor Vehicles Act Section 50 have clearly called for endorsement of the change of ownership i.e., name transfer within 14 days.
Similarly, when the owner of a vehicle changed his residence i.e., address, it was mandatory on the part of the vehicle owner to get his address change endorsed on the registration certificate. The Motor Vehicles Act Section 49 called for change of address endorsement within 30 days.
Similarly, if the driving licence was obtained from a different address and if the licence holder changed the address, he should get the address updated in records as early as possible, said Deputy Transport Commissioner – Coimbatore K.N. Uthayanun. Failure to comply with these legal provisions and non-compliance constituted an offence and could attract punishment and other legal provisions as well.
The authorities have planned to sensitise the insurance firms as well to tighten the rules relating to claims and settlements in respect of vehicles that had not complied with the said rules.
Failure to update records by oversight cannot be an excuse and deliberate failure to update to escape the enforcement authorities would only lead to further legal complications, the officials pointed out.
These rules and the lack of compliance have come into focus now, in the wake of the City Police finding it difficult to serve e-challans for violation of road rules generated by the Aerial Traffic Control System (ATCS). Under the system, cameras installed on roads and at traffic signals captured the image of the violators and e-challans generated.
In the last one month, the police have generated close to 2,000 e-challans for violation of traffic rules. Of them, so far 350 have turned up to pay the penalty. Of the 2,000 e-challans hardly one to two per cent of the vehicle owners turned up of their own accord. In the case of others, the police had to serve notices at the defaulters' doorsteps.
In the list of violators who were yet to turn up and pay the penalty, were vehicles of other districts and even states. City Police Commissioner C. Sylendra Babu and Deputy Commissioner of Police (Crime and Traffic), N. Kamini have formed a team of 20 persons for serving these challans.
Police have also prepared a list of violators have not paid the fines yet and the traffic enforcement officers would be on the look out for such vehicles.
Simultaneously, the records relating to those who had not updated the records were also being prepared.
Police were confident of serving all the challans within the next 10 to 15 days and make the violators pay the fines to make the ATCS a successful model.
Motor Vehicle Act and Rules stress the need for updating the change of ownership, change of address in registration certificates and in driving licenses, writes V.S. Palaniappan.