The implementation of the mParivahan app under the Digital India programme has turned out to be a boon for all motorists and authorities in India, especially during the COVID-19 phase of social distancing.
Despite the Central Government advisories, confusion reigns in West Bengal on its implementation and enforcement. Team WHEELS presents a status report.

The Ministry of Road Transport circular detailing acceptance of car documents in electronic format

DIGITISATION AND DIGITALISATION
Digitisation is the process of converting information from a physical format into an electronic or a digital one. However, when this process is leveraged to improve transacting processes, it is called digitalisation. And the results of these processes are called digital transformation.

ADVISORIES OF MINISTRY OF ROAD TRANSPORT, GOVERNMENT OF INDIA
The Ministry of Road Transport & Highways has issued an amendment in Rule 139 of the Central Motor Vehicles Rules (CMVR) vide its notification bearing no. G.S.R. 1081(E) dated the 2.11.18, enabling the production of requisite documents such as Certificate of Registration, Insurance, Fitness and Permit, Driving Licence, Certificate for Pollution Under Check and any other relevant documents in electronic form with a view to ease of living for the citizens.

Screenshots of mParivahan app features

LEGAL PROVISIONS UNDER THE MOTOR VEHICLES ACT 1988 AND THE INFORMATION TECHNOLOGY ACT 2000
? Production of Driving Licence and Certificate of Registration:
As per the recent amendment dated 2.11.2018 of Rule 139 of the CMVR 1989, the driver of a motor vehicle can produce certificates in physical or electronic form. Thus, the certificate of Registration, Insurance, certificate of Fitness, Driving Licence, certificate of Pollution Under Control and any other relevant documents may be produced by a car owner in prescribed electronic format on demand by any police officer in uniform or any other officer authorised by the State Government in this behalf.
The advisory further states that if any or all of the documents are not in a motorist’s possession, he may produce in person an extract 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.
? Legal recognition of electronic records:
As per Section 4 of the IT Act 2000, if any information is required in writing or the typewritten or printed form, then, notwithstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or matter is made available in an electronic form or is accessible so as to be usable for a subsequent reference.

CLARIFICATIONS
? 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 demand. 
? To facilitate the above, mParivahan mobile app is being provided by the Ministry of Road Transport to all concerned. This app helps the checking of Driving Licence, Registration Certificate, Fitness validity, Insurance validity of the citizens on real-time basis by entering the Driving Licence Number in case of the Driving Licence details or the Registration Number for details pertaining to the vehicles.
? The DigiLocker platform of the Ministry of Electronics and Information Technology under the Government of India also has the facility to share a citizen's Driving Licence or the Certificate of Registration details from VAHAN. 
Both these electronic records available on mParivahan or DigiLocker are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000. 
The data related to the insurance of new vehicles and renewal of insurance of vehicles is regularly uploaded by the Insurance Information Board on the VAHAN database and the validity of the insurance is reflected on the mParivahan.
? If the online virtual copy of Driving Licence or Registration Certificate or any other updated validity status like Insurance, Tax, Permit, PUC, etc., is not available on the mParivahan or DigiLocker app carried by the motorist, then the relevant paper documents will be required to be carried.

Screenshots of additional features of mParivahan app

STANDARD OPERATING PROCEDURE FOR VALIDATING ELECTRONIC FORM BY THE ENFORCEMENT AGENCIES
The Government of India advisory dated 17.12.2018 clarifies in detail the procedure for validation of documents produced in electronic form as follows:
? The citizens can produce the documents or other information either through the Digilocker app or the mParivahan app.
? The citizen can download the Driving Licence or the Certificate of Registration through these apps and store them on their mobile devices. 
? With the eChallan app facility, the concerned officer may carry out complete challaning operation including tagging of the Driving Licence or the Certificate of Registration for impounding or suspension. 
? If the vehicle registration details on the mParivahan and 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 documents is not required. 
? There would be no requirement of seizure and impounding of the documents in cases where there is no traffic-related violation but the validation of information can be ensured through mParivahan or eChallan or Digilocker. 

CHALLAN BY AUTHORITIES
The rules also include provisions for the government authorities in initiating challans as follows:
? On creating an electronic challan (or e-challan), the offence history gets logged in the database of VAHAN for the vehicle and that of SARATHI for the driver. 
? All offence data is available online in real-time to the enforcement officers throughout the country. 
? Enhanced penalties for repeat violations are reflected and action against the violator can be initiated accordingly, as the past offence history of the violator is available to the enforcement officers in the database. 
? Violators can pay the penalty or the compounding amount on-line so that they can stop worrying about physical document collection. After the payment or compounding, the case is disposed of and the data is reflected in the database. 
? In case of a pending challan or a challan that has not been disposed of, all transactions involving the vehicle such as NOC, Fitness, Tax, etc., and those involving the Driving Licence such as the renewal of a licence, address change, etc., would be withheld and reflected to the traffic enforcement agencies across India. 
? The violators are required to compound and close all pending cases as early as possible to restart or avail services like tax payment, NOC, fitness certificate, etc. 

STATUS OF DIGITAL DOCUMENTS IN WEST BENGAL
Despite the Central Government advisories, the validity and/or applicability of documents in digital form in West Bengal are uncertain as on date. The state government has not yet announced its acceptance or denial in clear terms, and hence the present status is doubtful.
Interestingly, West Bengal is one of the first states in India to implement digital technology for traffic-related issues. It was Kolkata Traffic Police which had developed its own mobile application for use by its traffic force in 2017. By the mobile app, the traffic officers have been retrieving the data of registered vehicles on-spot, intercepted under any jurisdiction of Kolkata Traffic Police.
But now, when India goes digital with the Central Government regulations, the status of rules at the state level, in the absence of any official announcement by the West Bengal Government, remains ambiguous.
The Traffic Committee of Kolkata on WHEELS has taken up an initiative to coordinate with the various state authorities in West Bengal to get feedback in respect of the implementation and enforcement of the digital documents to remove the uncertainty. As part of this initiative, emails were sent to the Principal Secretary – Transport Department, Government of West Bengal, Additional Director General (Traffic) of West Bengal Traffic Police and Deputy Commissioner Traffic – Kolkata Traffic Police, along with regular telephonic follow-ups, the response to which remains unreciprocated as on 4 September 2020.

APPEAL FOR IMPLEMENTATION OF DIGITAL DOCUMENTS BY CENTRAL GOVERNMENT
As per circulars no. RT-11036/64/2017-MVL dated 8.8.18 and RT-11028/15/2017-MVL dated 19.11.18 issued by the Ministry of Road Transport & Highways, Government of India, an appeal was sent for the acceptance of the transport-related documents such as registration, insurance, fitness, driving licence, PUC in digital formats by the police or other officers authorised by the State Government and support the step forward to citizen facilitation. 
As per circular no. RT-11036/64/2017-MVL dated 8.8.18 issued to the Principal Secretaries / Secretaries of the Department of Transport, DGP/ ADGP (Traffic), Transport Commissioners of all the States & UTs by Ministry of Road Transport and Highways (MVL Section), Government of India, it was stated that the Road Ministry had received several of grievances and RTI applications where the citizens have raised the issue that the documents available in DigiLocker or the mParivahan apps are not considered valid by the traffic police or the motor vehicles department when produced. 
The Ministry of Road Transport reiterated that the 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. In light of the provisions of the Information Technology Act 2000, it was requested to consider the documents available in the 'electronic form' in the DigiLocker platform or the mParivahan mobile app as valid under the Motor Vehicles Act 1988 to be treated at par with the certificates issued by the transport authorities. 
It is important to note that in cases where there is an offence made out and there is a requirement of the documents to be impounded, the enforcement agencies can have such impounding reflected in the VAHAN/ SARATHI database electronically through the 'eChallan' system. There would be no requirement of physical seizure of such documents.

THE PLIGHT CONTINUES
According to circular no. RT-11036/64/2017-MVL issued by the Ministry of Road Transport and Highways, Government of India, the citizens are being unnecessarily harassed and asked to produce the original documents, ignoring the new provisions of law. When they are not able to produce the original physical copy of the documents and instead produce only the digital documents, they are being considered as driving without DL, RC, Insurance, PUC etc., and are being fined for the same.
The Ministry of Road Transport & Highways, Government of India, has clearly instructed all concerned government authorities once again through the circular that the information available in electronic format be accepted and undue harassment and inconvenience to citizens be avoided. Unnecessary harassment and fine for just not being able to produce the physical copy is not justified as per rules.
In view of the above along with the advancement of society, citizen facilitation and social distancing norms, the acceptability of the digital version of the vehicle documents is highly need-based and recommended.

START SMART, STAY SMARTER 
The mParivahan app under the Digital India programme is a commendable initiative designed to transform and catapult vehicle-check related processes into the 21st century. Need is the order of the day and we cannot afford to limp behind when other states are doing a Usain Bolt in modernisation. Digitised data powerfully impacts how work gets done, transforms how vehicle-owners and authorities engage and interact. India must embrace new (digital) workflows that function with superfast efficiency. We need to adopt digital process automation using information technology or machines to take on repetitive processes and tasks, while freeing the police, for example, to do other things like checking mutating terrorism, etc.
Yes, there are disadvantages. Data security, crime, privacy concerns, digital media manipulation are an unfortunate reality. But the advantages far outweigh the hiccups.
Accessibility to information, easy and immediate communication, ability to share information have revolutionised the practical transacting world today. We need to be a part of the change!