Government of India Ministry of RoadTransport and Highways Dated

Government of India

Ministry of RoadTransport and Highways

Transport Bhawan, 1, Parliament Street, New Delhi-110001

Dated, the

17th

of December,

2018

Standard Operating Procedure (SOP) for validation of Driving

Licence, Registration Certificate and other transport related

documents/ information presented in Electronic form thorough IT

or mobile app platform

Subject:

1. Introduction:

The Ministry of Road Transport & Highways has issued an amendment in Rule 139 of

the Central Motor Vehicles Rules vide its Notification bearing No. G.S.R. 1081(E) dated the

2nd November 2018, enabling production of requisite documents such as certificate of

registration, insurance, fitness and permit, the driving licence, certificate for pollution

under check and any other relevant documents in electronic form with a view to ease of

living for the people. It has been considered necessary to prescribe a Standing Operating

Procedure (SOP) for the same so as to ensure its seamless implementation.

2. Legal Provisions under the Motor Vehicles Act

1988

and the Information

Technology Act, 2000

(i) As per recent amendment dated 2nd Nov 2018 of Rule 139 of the

CMVR,

1989 -

Production of licence and certificate of registration -

'The driver or a conductor of a motor vehicle shall produce certificates in

physical or electronic form certificate of registration, insurance, fitness and

permit, the driving licence, certificate for pollution under check and any other

relevant documents on demand by any police officer in uniform or any other

officer authorised by the State Government in this behalf, and if any or all of

the documents are not in his possession, he shall produce in person an extract

or extracts of the documents duly attested by any police officer or by any other

officer or send it to the officer who demanded the documents by registered

post within 15 days from the date of demand'.

(ii) As per section 4 of the IT Act 2000 i.e. Legal recognition of electronic records-

'Where any law provides that information or any other matter shall be in

writing or in the typewritten or printed form, then, notwithstanding anything

contained in such law, such requirement shall be deemed to have been satisfied

such information or mater

is -

(a) rendered or made available in an electronic

form; and (b) accessible so as to be usable for a subsequent reference'.

(iii) Further, 'electronic form' has been defined in Section 2 (r) of the IT Act 2000 as:

"electronic form" with reference to information, means any information

generated, sent, received or stored in media, magnetic, optical, computer

memory, micro film, computer generated micro fiche or similar device.

3. Clarifications:

(i) As per the provisions of the Motor Vehicles Act 1988, and the Central Motor Vehicles

Rules 1989, the owner/driver has to produce the documents to the authority on

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Government of India

Ministry of Road Transport and Highways

Transport Bhawan, 1, Parliament Street, New Delhi-110001

demand.

(ii) The data related to the insurance of new vehicles and renewal of insurance of

vehicles is being uploaded by the Insurance Information Board (liB) on the VAHAN

database on a daily basis now and the validity of the insurance is reflected on the

mParivahan/ eChallan app.

(iii) The mParivahan mobile app is being provided by this Ministry through NIC The

Driving Licence, Registration certificate, Fitness validity, Insurance validity, Permit

validity of the citizen are available on real time basis on this mobile app by entering

the Driving Licence Number in case of the Driving Licence details or the Registration

Number for Details pertaining to the vehicles.

(iv) mParivahan is available to each citizen and eChallan to only enforcement officers

from the Transport Department or the Police Department.

(v) The DigiLocker platform of the Ministry of Electronics and Information Technology,

Government of India, has the facility to pull a citizen's Driving Licence or the

Certificate of Registration details from VAHAN and make it available in the

Digilocker App in an electronic form.

(vi) These electronic records available on DigiLocker or mParivahan are deemed to be

legally recognised at par with the original documents as per the provisions of the

Information Technology Act, 2000.

(vii) If the online virtual copy of DLIRC (along with QR Code) or any other updated

validity status (like Insurance, Tax, Permit, PUCetc.) is not available on mParivahan

or DigiLocker app carried by the user, then the relevant paper documents will be

required to be carried.

Standard operating Procedure (SoP)for validating information or impounding

the document(s) in Electronic Form by the enforcement agencies:

4.1

Validation of documents produced in an Electronic form:

(i) The citizens can produce the documentsor other information either through the

Digilocker app or the mParivahanapp.

(ii) The citizen can download the Driving Licence or the Certificate of Registration

through theseappsandstoreontheir mobile devices.

(iii) The Citizen can also showparticulars relating to the Driving Licenceor the Vehicle

through the mParivahanappon the mobile throughthe Internet Connectivity.

(iv) In eChallan app facility, two modesof logincredentialshavebeenmadeavailableto

the enforcement officers. The login authentication is decided by the concerned

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Government of India

Ministry of Road Transport and Highways

TransportBhawan,1, ParliamentStreet, NewDelhi-110001

competent authority in the State Government! UTAdministratton.

(a) In one mode, only limited privilege of on-line verification of vehicle

license

status and also off-line verification of mParivahan QR Code are available.

Transport Enforcement! Traffic Police officer can usenormal android mobile

apps for this purpose. This is irrespective of whether the state has

implemented Vahanl Sarathi or not, provided the data from these states are

regularly updated in the National Register.

(b) In the other mode, the officer can carry out complete challaning operation

including tagging of the Driving Licence or the Certificate of Registration for

impounding or suspension.

(v) The Enforcement officer can enter the details of driving licence (DL) or the

Certificate of Registration (RC) in their eChallan or mParivahan application to

validate the information provided for the Driving Licence, Certificate of

Registration, Fitness, Insurance,Tax etc. This would be done on an online basisusing

the Internet.

(vi) The Enforcement officer can scan the QRcode of the documents produced through

the Digilocker basedapp by scanningthrough the QRcode scanner in the Digilocker

app to verify the document. The QRcode in Digilocker document is encrypted and

can be validated only by Digilocker app. Internet connectivity is not required for

scanningthe QRcode and validating the documents.

(vii) The Enforcement officer can scan the QRcode of the documents produced through

the mParivahan based app by scanningthrough the QRcode scanner in the eChallan

app to verify the document. The QRcode in mParivahanbasedocument is encrypted

and can be validated only by eChallan app. This is an additional security feature

provided by the Ministry of RoadTransport and Highways. Internet connectivity is

not required for scanningthe QRcode and validating the documents.

(viii) If the vehicle registration details on the mParivahan

eChallan app contain the date

of the validity of the insurance policy, fitness, tax etc. which is in-force then the

requirement of a physical copy of the insurance certificate or other such document

is not required.

(ix) There would be no requirement of seizure

impounding of the documents in cases

where there is no traffic related violation but validation of information can be

ensured through mParivahanor eChallanor Digilocker.

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Government of India

Ministry of Road Transport and Highways

TransportBhawan,1, ParliamentStreet, NewDelhi-110001

4.2 The process flow under the eChallan app for generating challan and further

action:

(i) In caseswhere there is an offence made out necessitating seizure/ impounding

of such documents in available electronic form, the States have been provided

with the facility to make appropriate updation in VAHANI SARATHIdatabase,

on an on-line basis, against the Driving Licence or the Vehicle Registration

details through eChallansystem of this Ministry.

(ii) In caseswhere the States are using any other database or web/mobile utility

of their own, then they need to update the VAHANI SARATHIdatabase through

a weblink.

4.3 Generating Challans for violations:

The competent authority should have provided the authorisation in the eChallan app

for the facility to the concerned enforcement officer to make a challan.

(i)

When an offence is made out against the citizen, the enforcement officer can create

a challan using an on-line Point of Sale (PoS)or eCTVeChallan facility. An option to

create a challan using the real-time database of VAHANand SARATHIhas been

provided.

(ii) After creating a challan, offence history will get registered in the database in

VAHANfor the vehicle and SARATHIfor the driver respectively.

(iii) All offence data is available in real time online basis and easily available to the

enforcement officers throughout the country.

(iv) Enhanced penalties for repeat violations is reflected and the action against the

violator can be initiated accordingly as the past offence history is available to the

enforcement officers through the database.

(v) Violator can pay the penalty or the compounding amount on-line and the citizens

need not worry for physical document collection. After the payment or

compounding, the caseis disposedand data reflected in the Database.

(vi) If a challan is pending or has not been disposed, then all transactions involving the

vehicle i.e. NOe, Fitness, Tax etc. and for the Driving License i.e. the renewal,

addresschange etc. are not permitted and are reflected to the traffic enforcement

agenciesacrossIndia.

(vii) The violators are required to compound and close pending casesas early as possible

to start or avail services like tax payment, NOC,fitness etc.

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Government of India

Ministry of Road Transport and Highways

Transport Bhawan, 1, Parliament Street, New Delhi-110001

4.4 Online recommendation for suspension

(i) The Driving Licence or the Certificate of Registration can be recommended for

suspension/ blocking by the competent enforcement officer.

(ii) This recommendation will be reflected in the home page of the competent officer

i.e. the Licensing Authority/ Regional Transport Authority page on real time basis

and based on law, further decision for suspension/ blocking can be taken.

(iii) This will reflect in all echallan app implemented across all States/ UTs enforcement

officer's device in real time. Based on the information they can take suitable action

as enshrined in Law.

5. Benefits of adopting eChallan:

(i)

Enforcement agenciesneed not physically handle any document.

(ii)

Office need not maintain any inventory or record.

(iii) No harassment for citizens to collect document after the payment of compounding

fees as the challan when disposed would automatically update the record in the

Database.

(iv) Realtime offence status is available to the transport and traffic enforcement officers

and to the citizens.

(v) Fast, transparent and accountable system.

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