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Section 190(2) of the Motor Vehicles Act, 1988, empowers authorities to take action against vehicles that violate prescribed pollution norms. This section is part of India’s effort to reduce vehicular pollution and protect public health and the environment.
The provision allows the authorities to inspect vehicles and issue challans if the vehicle is found to be emitting pollutants beyond the limits set by the Central Pollution Control Board or state pollution control authorities.
Legal Provisions Regarding Pollution Norms
The Motor Vehicles Act, in conjunction with the Environment Protection Act and guidelines issued by pollution control boards, mandates strict adherence to emission standards. Section 190(2) specifically targets vehicles that fail to meet these standards while on the road.
Under this provision, vehicles must undergo periodic pollution under control (PUC) certification tests to prove compliance. Authorities are authorized to detain or impound vehicles not complying with pollution norms until the vehicle meets the required standards.
This legal framework applies uniformly across India, reinforcing the Government of India’s commitment to reducing air pollution and promoting clean and healthy urban environments.
Penalties for Violating Pollution Norms
Violating pollution norms as specified under Section 190(2) of the Motor Vehicles Act can lead to serious legal consequences aimed at curbing vehicular pollution and protecting public health. The penalties imposed for such violations commonly include monetary fines, detention of the vehicle, or even impoundment.
Typically, the fine amount for non-compliance ranges between ₹5,000 and ₹10,000, depending on factors such as the severity of the violation, the vehicle type, and the specific rules enforced by the local state transport authorities. These fines serve as a financial deterrent to discourage vehicle owners from ignoring pollution control requirements.
In addition to fines, vehicles found to be exceeding permissible emission limits may be detained by authorities. Detention can mean temporary seizure or immobilization of the vehicle until it is brought back into compliance with pollution standards. This action reinforces the importance of adhering to pollution control measures promptly.
Repeat offenders, especially commercial vehicle operators, are subject to stricter enforcement actions. For such cases, penalties can escalate to suspension or cancellation of vehicle registration certificates or driving permits until the vehicle successfully passes emission tests and obtains a valid Pollution Under Control (PUC) certificate. This ensures sustained compliance and helps maintain cleaner air quality in urban and rural areas.
Moreover, authorities retain the power to initiate additional legal proceedings under broader environmental laws if pollution levels are found to be hazardous or beyond permissible limits. These proceedings may involve fines, prosecution, or other corrective measures under the Environment Protection Act or related legislation.
By imposing these penalties and legal actions, the government and regulatory agencies aim to deter violations, encourage responsible vehicle maintenance, and ultimately safeguard public health and the environment from the harmful effects of vehicular pollution.
How to Contest a Pollution Norm Violation Challan
If you believe a challan issued for pollution norms violation is unjustified, you can legally contest it. This involves collecting evidence such as a valid PUC certificate, service records, or any other relevant documents.
The challan can be disputed by submitting a written representation to the traffic police or regional transport office (RTO), or by appearing before the traffic magistrate or court as per procedure.
Timely and proper contestation may help avoid fines or vehicle detention, while maintaining respect for legal processes and law enforcement authorities.
Authoritative Sources:
Motor Vehicles Act, 1988 (Government of India),
Ministry of Road Transport and Highways Official Website,
Central Pollution Control Board Guidelines.
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