Release of Vehicles.

When a vehicle can be detained.?
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When a vehicle is found plying without fitness certificate, permit, payment of tax, violation of conditions such as changing the route, etc, the vehicle can be detained in a police station. See Section 207 of M V Act 1988.

Who can release the vehicle.?
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The Regional Transport Officer, in whose area the vehicle is detained can release the vehicle. See Rule 421(2)

What are the procedures for release of the vehicle?
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The Procedures for release of the vehicle are described in Circular No. 31 of 2001.

Non Transport Vehicles:-
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The only option to release a non transport vehicle is to launch prosecution for the offences noted in the check report and after payment of fine in the court we have to verify whether any tax is due and after collecting the tax, the vehicle can be released.

The prosecution should be launched within six months from the date of check. After six months no prosecution could be launched as the motor vehicles cases are summary trial cases and Section 468 of Cr.P.C bars launching prosecution after six months. In such cases we have to levy the fine as per G O Ms 1241 and release the vehicles.

Under no circumstances we should retain the RC and release the vehicle

Transport Vehicles:-
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For the transport vehicles if the authority in whose area the vehicle is detained is the authority who has issued the permit for the vehicle, then the compounding fee as per circular no. 13/94 has to be collected and then the vehicle can be released.

In other cases the compounding fee has to be paid at the office which has issued the permit, and on production of a no objection certificate from that authority, the vehicle can be released.

If the vehicle is a stage carriage, the fine has to be fixed by the Regional Transport Authority and only on collection of fine, the vehicle can be released.

At the time of release we have also to check whether any other fine is due from the same permit holder and if so, the same can be collected.