Detailed information on Section 122/177 MV Act: Why You Shouldn’t Leave a Vehicle Unattended
Leaving a vehicle unattended in the wrong place can create danger, block traffic, and endanger lives. Under the Motor Vehicles Act, 1988, Section 122 forbids leaving a vehicle in a public place so as to cause danger or undue obstruction. Section 177 provides the general penalty framework for offences where no specific fine is prescribed. This post explains the law in practical terms, what enforcement looks like, and how to protect yourself if you are challaned or your vehicle is towed.
What Section 122 Says
Section 122 makes it an offence to leave a motor vehicle unattended in a way that may cause danger, obstruction or undue inconvenience to other road users. It is intentionally broad so authorities can respond to multiple scenarios that threaten safety or traffic flow.
Common examples covered by Section 122
- Parking across a driveway, blocking access for other vehicles.
- Leaving a vehicle on a narrow road so two-way traffic cannot pass.
- Abandoning a vehicle in front of an emergency exit or fire hydrant.
- Stopping and leaving the vehicle with hazard lights on a busy intersection.
Importantly, the offence does not require an accident to have occurred — the risk or obstruction itself is sufficient for action. Authorities are empowered to remove a hazard quickly to protect public safety.
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How Section 177 Works (Penalties)
Section 177 is the general penalty clause under the MV Act. It fills gaps where a specific section does not prescribe punishment. Practically, when Section 122 is enforced, penalties are usually applied using the Section 177 framework unless the state has notified a specific amount.
Typical penalty features
- First-time offences are commonly subject to a modest fine (amounts vary by state; many states use a first-offence band such as up to ₹500).
- Repeat offences attract higher fines and may lead to stricter administrative action.
- Towing and impoundment charges are additional and set by local authorities or tow operators.
Because penalties are administered by state agencies and municipal bodies, exact amounts and the process can differ — always check the local traffic police website or state transport notifications for current rates.
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When Police May Tow or Impound
Authorities may tow or impound a vehicle if it: creates an immediate danger; blocks emergency access; or is clearly abandoned and obstructing public movement. Towing is an administrative action aimed at removing the hazard quickly. Typical circumstances include:
- Vehicle abandoned on a busy carriageway during peak hours.
- Car left in a position obstructing ambulance or fire services.
- Vehicle parked in a no-parking or emergency zone despite signboards.
When a vehicle is towed, you will usually find a towing notice at the scene and a reference on the local authority or traffic police portal explaining how to reclaim the vehicle.
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Practical Steps to Avoid Trouble
Most issues can be avoided by following simple, practical rules:
- Park only in designated bays: follow signboards and parking-markings.
- Avoid parking near intersections or on narrow streets where two-way movement is impaired.
- Do not leave the vehicle unattended with engine running or in a position where pedestrians must walk on the road.
- Use secure parking for overnight stays rather than leaving the vehicle on a public road.
- If you must stop briefly, use hazard lights and choose a spot that does not obstruct traffic; move the vehicle promptly.
Also keep phone contact inside the vehicle (business card or note) so authorities can reach you if urgent movement is required — this simple step can prevent towing in some situations.
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If Your Vehicle Is Towed: What To Do
- Locate the official towing notice or check the local traffic police / municipal portal for details of towed vehicles.
- Contact the listed towing agency to confirm location and fees.
- Carry ID and vehicle documents (RC, insurance) to the towing yard for verification.
- Pay the towing and storage charges and collect an official receipt.
- If you believe the tow was unlawful, preserve evidence (photos, signage) and obtain receipts — you may later challenge the action through representation or traffic court.
Act quickly: storage fees accumulate daily and prompt retrieval reduces costs and administrative hassle.
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Legal Remedies & Next Steps
If you were fined or your vehicle towed and you believe the action was incorrect or excessive, you have options:
- Pay & preserve receipts: if time-sensitive recovery is required, settle the immediate fees and keep evidence to challenge later.
- File a representation: many state e-challan portals allow you to submit a representation or dispute the fine online. Provide photos, witness details, and any signage evidence.
- Approach the traffic authority or magistrate: if administrative remedies fail, you can challenge the action in the appropriate court — consult a lawyer for court petitions or appeals.
- Keep documentation: copies of the towing receipt, e-challan, photographs and witness statements strengthen a dispute.
Remember to remain respectful and cooperative with officers; the law aims to protect public safety. Constructive, evidence-based challenges are the right legal path if you believe an error occurred.
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