If my driver has committed a violation on road say pollution certificate is not there or driving without seatbelt or found to be drunk, what liability does he have and what liability do I have? more
As far as carrying all valid documents pertaining to the vehicle and the driver are concerned, its OK that the owner is responsible for the lapses but as far as driving without seat belt and in a drunk condition in absence of the owner are concerned, I think the driver himself is wholly responsible. more
I liked the Question and compared with Tree came first or the seed.! Ms Savita Ravichandra you are liable for everything what your Driver has violated as he is driving your Car. As a Owner it is your responsibility to ensure that he carries all the documents and also puts his seat belt. In fact you who has to check the valid Licence exist with him. Therefore you can not shy away the responsibility. Yes Of course if he is alone in the car and over-speeds or jumps the signal then also the fine will come to your address because the Police will record the Vehicle Number and there your address will be there. more
It seems that the Ms.Savita Ravichandran love to see her name in print (at least on a desktop monitor,or a smartphone since anyone can write anything about anything. First let me ask few questions as the changes made in the traffic violation ignited all these questions and people trying to fish in troubled waters. Now define the following:- 1.Owner of the vehicle...He/she is the person who paid for it (even if it is a loan) and registered in his/her name with all the details including parents name, or spouses name. This means the vehicle is the immovable property and part of his/her asset and he/she is fully responsible to follow the traffic rules in letter and spirit. 2.Driver. It could be the owner who is driving (self driven), or it could be an employee of the vehicle owner who pays for his/her services. Do the owner follow all the labour laws, including PF,ESI,Gratuity, one day off after 6 days working? Does he get Casual leave, sick leave,Earned leave? Has he been provided with proper clothing,footwear, etc or just the uniform? 3.Another type of driver is one who can be hired on hourly/daily/weekly basis. If you order every day a different person will report to you. You are liable to check his driving licence,its validity,place of issue and his personal identification card issued by the company where he is employed. Vehicle registration papers or smart card must be kept in the car. The insurance (valid) policy hard copy must be kept in the car. Pollution certificate with validity must be kept in the car. The owner must make sure that the vehicle's fitness is as per the law. During driving if the owner driver violates he is responsible. If an employee driver violates rules the owner is responsible and the driver will be co accused as he might state the owner ordered him to commit the violation (going opposite direction of an one way street/road,riding or parking on footpath, parking at a prohibited place etc) So, Madam, the Owner is responsible for all traffic violations and it is upto him/her to recover the fine,penalty if he or she can. If you have the money to buy a vehicle, I hope you have enough common sense to follow the traffic rules. Happy motoring. more
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By Jayakumar Daniel
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