As per Section 15 of Rules of Road Regulation, 1989, the subsequent rules apply to motorists and 2-wheelers. The driver of an automobile shall NOT park his vehicle:
So it causes or is probably going to cause danger, obstruction, or undue inconvenience to other road users. At or near a road crossing (no mention of parking at least 15 meters far away from a road corner, as claimed by the traffic police). On a footpath or distant from the sting of the footpath. Near a traffic signal or zebra crossing. Obstructing another parked vehicle or on the wrong side of the road. Near a stop, school/ hospital entrance, blocking traffic sign or premises entrance, or a fireplace hydrant. Search for towing service near me if you require any towing service.
As per the Sections 127 and 201 of automobiles Act, 1988, if an automobile is left abandoned or unattended for ten hours or more during a public place, so on cause impediment to the free flow of traffic, its removal by a towing service or wheel clamping could also be authorized by a policeman in uniform having jurisdiction.
So, if your car isn’t violating any of the above and still your car is towed, you’ll quote the above laws.
A Mumbai supreme court order during a Public Interest Litigation (PIL – WP 2695 of 2005) filed by Gaurang Damani (author of this website) against the Mumbai traffic police, the judges said that the whole system of awarding contracts to towing operators suffers from a significant legal flaw. The petitioner had demanded that there should be a judicial inquiry into the financial accounts of the towing contractors.
Firstly, the judges directed that a car can’t be towed unless it’s causing obstruction to the free flow of traffic. Hence, towing should be restricted to main roads.
Secondly, you can’t park your car ‘at or near’ the corner. But there’s no ’15 meters from road corner, no-parking’ rule!
The traffic police cannot tow cars without a written order (like a panchnama) from the traffic constable. The judges also directed that no towing contractor can open a parked car unless there’s a written order by the traffic police to try to so. Also, the judges inquired on why towing was given to non-public contractors, if government vehicles were available?
Lastly, if there’s damage to the vehicle, then the towing contractor is susceptible to buy the damages (as per the said HC order).
The Mumbai supreme court has involved a halt to the unregulated manner during which the traffic police and therefore the towing contractors operate within the city. The court has instructed the traffic police to border guidelines for awarding contracts to towing agencies within four months. Out of 116 towing contractors, 16 were owned by relatives of traffic police personnel. they need been faraway from service and another 41 too are de-commissioned. Only 59 tow trucks are operational, and these two are going to be de-commissioned within 4 months when tenders are going to be invited. The traffic police’s advocate admitted in an affidavit, that there was a requirement for less than about 75 towing trucks in Mumbai, but the traffic police had deployed 116 within the city. As of April 2015, there are 61 tow trucks within the city.
