Penal Measures for Violation of Motor Vehicle Rules in West Bengal
Governor is pleased to hereby direct that any offence punishable under Section 177, 178(3), 179(1), 179(2), 180, 181, 182(1), 182A(1), 182A(4), 182B, 183/1, 184, 186, 189, 190(2), 192, 192A, 194(1), 194(1A), 194(2), 194A, 194B, 194C, 194D, 194E, 194F, 196 and 198 may, either before or after the institution of the prosecution, be compounded by officers at the rates specified in respect.Government of West Bengal
Transport Department
Paribahan Bhavan,
12, R. N. Mukherjee Road, Kolkata – 700001
No. 208-WT/3M-128/97(Pt. IIID) Dated: Kolkata, the 24th January, 2022
NOTIFICATION
In exercise of power conferred by sub-section (1) of Section 200 of the Motor Vehicles Act, 1988 read with Motor Vehicles (Amendment) Act, 2019, and in supersession of all the earlier notifications issued in this regard, save and except notification no. 2023-WT/3M-128/1997(Part IIID) dated 30.07.2021 the Governor is pleased to hereby direct that any offence punishable under Section 177, 178(3), 179(1), 179(2), 180, 181, 182(1), 182A(1), 182A(4), 182B, 183/1, 184, 186, 189, 190(2), 192, 192A, 194(1), 194(1A), 194(2), 194A, 194B, 194C, 194D, 194E, 194F, 196 and 198 may, either before or after the institution of the prosecution, be compounded by officers as shown in Schedule I below at the rates specified in respect of the offences punishable under sections mentioned in the Schedule II appended herein below:-
Schedule I
| Jurisdiction | Category of Officers Empowered to Compound |
| (1) In Kolkata Police area | (a) Officers not below the rank of Motor Vehicles Inspectors in the office of Additional Director, Kolkata Zone, PVD Kolkata. (b) Police Officers not below the rank of Sub-Inspector or Sergeant in Kolkata Police. |
| (2) In the Districts | (a) Officers not below the rank of Motor Vehicles Inspectors of the Districts (b) Police Officers not below the rank of Sub-Inspector or Sergeant of the Districts. |
| (3) For the entire State of West Bengal | Any Officer on or above the rank of Assistant Secretary in the Transport Department Or Any officer on or above the rank of Assistant Director of Transport Directorate, so empowered. |
| (4) For compounding offence under section 62A/ 182B | Director Transport would be the sole authority. |
Schedule II
| Sl. No. | Nature of offence | Violation of Section of Motor Vehicles Act, 1988 | Penal Section of Motor Vehicles Act, 1988 under which offence committed is to be compounded | Penal measures (1st offence) | Penal measures (2nd and subsequent offence) |
| 1 | Non possession of DL, CF, Permit, Insurance | 130(1), (2), (3) & (4) and other offences where specifically no penalty is provided for the offence | 177 | Rs. 500/= | Rs. 1,500/= |
| 2 | Holder of CC permit refuses to ply or carry passengers | 178(3) | Rs. 500/= | ||
| 3 | Disobedience of order given by the concerned authority | 179(1) | Rs. 2,000/= | ||
| 4 | Withholds or gives false information to the concerned authority | 179(2) | Rs. 2,000/= | ||
| 5 | Plying vehicle without effective and valid Driving Licence | 3, 4 & 5 | 180 & 181 | Rs. 5,000/= | |
| 6 | Driving by person disqualified for holding/ obtaining DL | 182(1) | Rs. 10,000/= | ||
| 7 | Unauthorised alteration by OEM/ dealer etc | 182A(1) | Rs. 1,00,000/= per such motor vehicle | ||
| 8. | Unauthorized alteration of vehicle by owner | 182A(4) | Rs. 5,000/= per such alteration | ||
| 9 | Prohibition of registration and issuance of CF to oversized vehicle | 62A | 182B | Rs. 10,000/= | |
| 10 | Driving at excessive speed | 112 | 183/1 | for LMV Rs. 1,000/= for MGV/ MPV/ HGV/HPV Rs. 2,000/= | i) for LMV Rs. 2,000/= (ii) for MGV/MPV/H GV/HPV Rs. 4,000/= DL of the driver shall be impounded u/s 206(4) |
| 11 | Driving dangerously | 184 | Rs. 5,000/= | If committed within three years of previous similar offence, Rs. 10,000/= | |
| 12 | Driving when mentally or physically unfit | 186 | Rs. 1,000/= | Rs. 2,000/= | |
| 13 | Unauthorized racing of speed | 189 | Rs. 5,000/= | Rs. 10,000/= | |
| 14 | Violation of standards prescribed in relation to road safety, control of noise and air pollution | 190(2) | Rs. 10,000/= and the driver of the vehicle shall be disqualified for holding licence for a period of three months | Rs. 10,000/= and the driver of the vehicle shall be disqualified for holding licence for a period of three months | |
| 15 | Plying vehicle without valid Registration of vehicle | 39 | 192 | Rs. 5,000/= | Rs. 10,000/= |
| 16 | Plying vehicle without valid Certificate of Fitness | 56 | 192 | Rs. 10,000/= | Rs. 10,000/= |
| 17 | Plying vehicle without valid permit | 66 | 192A | Rs. 10,000/= | Rs. 10,000/= |
| 18 | Carrying excess loud | 113, 114 | 194, 194(1), 194(1A), 194(2) | Fine to be realized in terms of notification no. 2023-WT/3M-128/1997 (Part IIID) dated 30.07.2021 annexed herewith. | |
| 19 | Carrying excess passenger in transport vehicle | 194A | Rs. 200/= per excess passenger and offloading of excess passengers and arrangement of alternative transport for them by the offender | ||
| 20 | Use of safety belts by driver, seating passenger and children below 14 years | 194B | Rs. 1,000/= | ||
| 21 | Violation of safety measures for two wheeler riders | 128 | 194C | Rs. 1,000/= and the offender shall be disqualified for holding driving licence for three months | |
| 22 | Not wearing protective headgear | 129 | 194D | Rs. 1,000/= and the offender shall be disqualified for holding driving licence for three months | |
| 23 | Failure to allow free passage to Emergency vehicles | 194E | Rs. 10,000/= | ||
| 24 | Use of horns in silence zone | 194F | Rs. 1,000/= | Rs. 2,000/= | |
| 25 | Necessity for insurance against third party risk | 146 | 196 | Rs. 2,000/= | Rs. 4,000/= |
| 26 | Unauthorised interference with vehicles | 198 | Rs. 1,000/= |
This shall take immediate effect.
Sd/- Rajesh Kumar Sinha
Secretary to the Govt. of West Bengal