If you are stuck in such a situation, here is what to do.

Mr. Alok Verma recently purchased a car in the city of Aadityapur, located in the State of Aryavarta. He paid the one-time road tax applicable in that state at the time of registration. Now, due to a job change, he is planning to permanently move to Suryanagar, which is in the State of Bharatdesh. He is concerned about the legal requirements and the possibility of having to pay road tax all over again. He is also worried that the local traffic police in Suryanagar might impose heavy fines on him for driving a vehicle with an out-of-state registration plate. This is a common dilemma faced by many individuals who relocate between states in India.

Advice in such cases

Navigating the inter-state vehicle transfer process can seem daunting, but it is a well-defined procedure. Here are the steps to ensure a smooth transition:

• Obtain a No Objection Certificate (NOC) from the original Regional Transport Office (RTO) where the vehicle was registered in Aadityapur. This certificate confirms that there are no outstanding dues or legal cases against the vehicle.
• Once you have the NOC, you must re-register your vehicle at the new RTO in Suryanagar within the stipulated time frame, which is generally 12 months from the date of moving.
• You will be required to pay the road tax in the new state of Bharatdesh as per their regulations. The tax is calculated based on the vehicle’s age, price, and engine capacity.
• After paying the tax in the new state and getting the vehicle re-registered, you can apply for a refund of the road tax paid in the original state of Aryavarta. The refund amount is calculated on a pro-rata basis.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The primary legislation governing these matters is the Motor Vehicles Act, 1988, and the Central Motor Vehicles Rules, 1989. Key provisions include:

• Section 47 of the Motor Vehicles Act, 1988: This section mandates that if a motor vehicle registered in one state has been kept in another state for a period exceeding twelve months, the owner must apply to the new registering authority for a new registration mark.
• Section 49 of the Motor Vehicles Act, 1988: This requires the owner of a vehicle to report any change of residence or place of business to the concerned RTO.
• Central Motor Vehicles Rules, 1989: These rules lay down the detailed procedures and forms (like Form 28 for NOC) required for the transfer and re-registration of vehicles.

If you are the complainant

In this context, you are the vehicle owner initiating the process, not a complainant in a dispute. Here is what you, as the owner, should do:

• Gather all your vehicle documents, including the original Registration Certificate (RC), insurance policy, and Pollution Under Control (PUC) certificate.
• Apply for the NOC from the parent RTO. This may require a police verification report from the local police station confirming there are no pending cases.
• Once you move to the new state, approach the local RTO with all the documents, including the NOC, your new address proof, and the prescribed forms for re-registration.
• Pay the requisite road tax and fees as calculated by the new RTO.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you face harassment from authorities while the re-registration process is underway, you are not a “victim” in a criminal sense, but you need to handle the situation carefully.

• If stopped by the traffic police, remain calm and polite. Do not get into an argument.
• Present your vehicle documents. Crucially, show them proof that you have recently moved, such as toll receipts from your journey, and proof that you have initiated the transfer process (e.g., a copy of your NOC application).
• Explain that you are within the legally permitted time frame of 12 months to get the vehicle re-registered.
• If an officer insists on a fine, ask for a formal challan detailing the specific violation. Do not offer or pay any bribes.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

Traffic police in major cities are often on the lookout for out-of-state vehicles that have been plying locally for an extended period without re-registration. This is a legitimate part of their duty to enforce the Motor Vehicles Act. While most officers are professional, some may try to intimidate vehicle owners who are unaware of the rules. Their primary check is to see if the vehicle has been in the state for more than 12 months. If you can provide evidence to the contrary, they will usually let you proceed. However, if you have exceeded the time limit, they are within their rights to issue a challan.

FAQs people normally have

Do I really have to pay road tax again in the new state?

Yes, road tax is a state-levied tax, and you must pay it in the state where the vehicle is to be used permanently. You can, however, claim a refund from the state where the tax was originally paid.

What is the time limit for driving my vehicle in a new state without re-registering?

You can use your vehicle with its old registration number for up to 12 months in the new state. After this period, re-registration is mandatory.

Is the process of getting an NOC and re-registering very difficult?

The process can be bureaucratic and time-consuming, involving paperwork and visits to the RTO. However, it is a standard procedure. Using the services of a certified RTO agent or a lawyer can simplify the process.

What evidence is required?

For the entire process, you will generally need the following documents:

• Original Registration Certificate (RC) of the vehicle.
• Form 28 (Application and Grant of No Objection Certificate) – usually 3-4 copies.
• Proof of address in the new state (e.g., rental agreement, utility bill).
• Valid vehicle insurance copy.
• Valid Pollution Under Control (PUC) certificate.
• Owner’s identity proof (Aadhaar Card, PAN Card, etc.).
• Chassis and engine number pencil print.

How long will the investigation take?

This is an administrative process, not a criminal investigation. The time taken can vary significantly depending on the efficiency of the RTOs involved.

• Getting the NOC: This can take anywhere from a few days to a month.
• Re-registration and new number: This process in the new state can take another 2-4 weeks after you submit all documents and pay the tax.
• Road Tax Refund: This is often the longest part and can take several months, sometimes even over a year, after you apply.

Advocate Sudhir Rao, Supreme Court of India