The motor vehicles act was passed in the year 1988 by Parliament of India and regulates almost all the aspects of road transport vehicles. It provides detailed provision on licensing of the drivers and conductors, registration of motor vehicles, the provision on controlling their permits, traffic regulation, related insurance, liabilities, and penalties.
This act majorly concentrates on innocent people who are on the road and can get affected by drivers of these motor vehicles. The motor vehicle act provides a provision for compensation for such helpless people. They are referred to as “Third Party” and the motor vehicle act revolves around providing safety to these third party people.
The motor vehicle act makes it mandatory for a driver to have a valid driving license and no motor vehicle can be driven without being registered under the motor vehicle act. This certificate of registration shall be valid for next fifteen years from date of registration and can be further renewed for next five years.
Motor vehicles amendment Bill 2019.
The bill contains provisions that will make Indian roads safer. The Bill was passed earlier in the Lok Sabha.
The Bill proposes huge increases in various penalties for traffic violations, protection to Good Samaritans, recall of defective vehicle parts by auto companies, holding builders accountable for poor quality of infrastructure and making vehicle owners criminally liable for violations committed by juvenile drivers.
1) It makes Aadhaar mandatory for getting a driving licence and vehicle registration.
2) For deaths in hit-and-run cases, the government will provide a compensation of Rs 2 lakh or more to the victim’s family. Currently, the amount is just Rs 25,000.
3) In traffic violations by juveniles, the guardians or owner of the vehicle would be held responsible unless they prove the offence was committed without their knowledge or they tried to prevent it. The registration of the motor vehicle in question will be cancelled. The juvenile will be tried under the Juvenile Justice Act.
4) The bill has provision for protection of Good Samaritans. Those who come forward to help accident victims will be protected from civil or criminal liability. It will be optional for them to disclose their identity to the police or medical personnel.
The minimum fine for drunk driving has been increased from Rs 2,000 to Rs 10,000.
6) The fine for rash driving has been increased from Rs 1,000 to Rs 5,000.
7) Driving without a licence will attract a minimum fine of Rs 5,000 as against Rs 500 at present.
8) The fine for over-speeding will go up from Rs 400 to Rs 1,000-2,000.
9) Not wearing seatbelt would attract a fine of Rs 1,000 as against Rs 100 at present.
10) Talking on a mobile phone while driving will attract a fine of Rs 5,000, up from Rs 1,000.
11) A Motor Vehicle Accident Fund will provide compulsory insurance cover to all road users in India for certain types of accidents.
12) It will be mandatory to alter vehicles to make them suitable for specially abled people.
13) Contractors, consultants and civic agencies will be accountable for faulty design, construction or poor maintenance of roads leading to accidents.
14) A time limit of six months has been specified for an application of compensation to the Claims Tribunal with regard to road accidents.
15) The Bill removes the cap on liability for third-party insurance. The 2016 Bill had capped the maximum liability at Rs 10 lakh in case of death and Rs 5 lakh in case of grievous injury.
16) The time limit for renewal of driving licence is increased from one month to one year before and after the expiry date.
17) The government can recall vehicles whose components or engine do not meet the required standards. Manufacturers can be fined up to Rs 500 crore in case of sub-standard components or engine.
The Bill also proposes changes to the process of vehicle registration with the aim to reduce corruption at the RTO; fining road contractors up to Rs 1 lakh for failing to comply with road standards; establishing new standard for vehicle fitness; and requirement of cab aggregators such as Ola and Uber to be issued licenses and compliance with the IT Act, 2000.
How well the proposals will be implemented and how much a difference will it make to the Indian road-scape remains unknown. The potential for change, however, is undeniably huge.
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