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All YOU NEED TO KNOW ABOUT “MOTOR VEHICLES (AMENDMENT) ACT, 2019”

MOTOR VEHICLES (AMENDMENT) ACT 2019

According to the 2018 report of the World Health Organization, the highest number of road accidents occur in India worldwide. As per the report of the Ministry of Road Transport and Highways, 2017; around 5 lakh road accidents occur in India every year in which around 1.5 lakh people are killed. Approximately 1.49 lakh people died in 2018 by road accidents in Uttar Pradesh with a huge hike in fatalities.

In order to prevent the further danger of road accidents; the Central Government amended the Motor Vehicle Act, 1988 by the Motor Vehicles (Amendment) Bill, 2019. This new act was passed by the Lok Sabha on Jul 23, 2019, and by Rajya Sabha on Jul 31, 2019. After the passing of this bill, the Road and Transport Minister Nitin Gadkari stated that “the bill would provide an efficient, safe and corruption-free transport system in the country.”

Motor Vehicles (Amendment) Act 2019 has been implemented in the country since September 1, 2019. This new act has increased the fine for many offences to regulate rash road accidents and improve road safety in the country. The penalty for various offences has been increased 10 times on various violations.

NEW FEATURES UNDER MOTOR VEHICLES (AMENDMENT) ACT, 2019.

  1. Compensation provided for road accident victims:

Under Section 161 of the Act, the minimum compensation for hit and run cases has been increased as follows:

(i) In case of death,  two lakh rupees or such higher amount as may be prescribed by the Central Government, and

(ii) In the case of grievous injury, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government..

  1. Recall of vehicles: 

The New Bill allows the Central Government to order for recall of defected motor vehicles which may harm the environment, or the driver, or other road users.

  1. Road Safety Board:

The National Road Safety Board will be created by the central government to advise the Centre and the State governments on all aspects of road safety and traffic management.

  1. Change in residence address

Starting from September 1st, if one wishes to change their residence address or place of business in their driving license, then the same can be done online and can be applied for with any registering authority in the State.

OFFENCE AND FINES:

The new Bill has increased the fines for several offences under the Act.

  1. Under Section 185, the fine for drinking and driving has been increased from Rs 2,000 to Rs 10,000 along with imprisonment of 6 months. On the repetition of this offence, fine would be Rs. 15,000.

  2. Under Section 184 of the Act, rash driving will cost a fine of Rs. 5000 from the previous fine of Rs.1000.

  3. The penalty for driving without a license was increased from Rs.500 to Rs.5000.

  4. Offence by Juveniles was a new category that was introduced under Section 199A and 199B of the Act. Now, the guardian of the Juvenile/owner of the vehicle shall be fined Rs. 25,000 with 3 yrs imprisonment.

  5. If a vehicle manufacturer fails to comply with motor vehicle standards, the penalty will be a fine of up to Rs 100 crore, or imprisonment of up to one year, or both.

  6. If a contractor fails to comply with road design standards, the penalty will be up to Rs.1 lakh.

  7. Under Section 196 of the Motor Vehicle Act, 2019 driving without Insurance will be fined Rs 2000.

  8. Under Section 194 D of the act; riding without Helmets will be fined to Rs 1000 and disqualification for 3 months for a licence.

  9. Under Section 194B of the Act; driving without a seat belt will cost Rs. 1000.

  10. Under Section 189 B of the Act, speeding/racing will be now punishable with a fine of Rs 5,000 instead of the previous Rs.500.

  11. Under Section 194 E of the Act; not providing a way for emergency vehicles will cost Rs 10,000.

Under Section 177 of the Act, the penalty for general violations has been raised to Rs. 500 from Rs 100. In addition to this, Section 177A has been inserted as a penalty for contravention of regulations under Section 118 which has been increased to up to Rs. 1000.

New proposed fines under Motor Vehicles (Amendment) Act – 2019 will be;

Section ViolationOld Provision / PenaltyNew Minimum Penalties177General violationsRs 100Rs 500New 177ARules of road regulation violationRs 100Rs 500179Non Compliance of ordersRs 500Rs 2000180Unauthorized use of vehicles without licenseRs 1000Rs 5000181Driving without licenseRs 500Rs 5000182Driving despite disqualificationRs 500Rs 10,000182 BOversize vehiclesNewRs 5000183Over speedingRs 400Rs 1000 for LMV

Rs 2000 for Medium passenger vehicle184Dangerous drivingRs 1000Up to Rs 5000185Drunken drivingRs 2000Rs 10,000189Speeding / RacingRs 500Rs 5,000192 AVehicle without permitup to Rs 5000Up to Rs 10,000194OverloadingRs 2000 and

Rs 1000 per extra tonRs 20,000 and

Rs 2000 per extra ton194 AOverloading of passengersRs 1000 per extra passenger194 Bwithout Seat beltRs 100Rs 1000194 COverloading of 2 wheelersRs 100Rs 2000, disqualification for 3 months for license194 DWithout HelmetsRs 100Rs 1000 disqualification for 3 months for license194 ENot giving way to emergency vehiclesNewRs 10,000196Driving Without InsuranceRS 1000Rs 2000199Offences by JuvenilesNewThe Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under the Juvenile Justice Act. Registration of Motor Vehicle to be cancelled206Power of officers to impound documentsSuspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E210 BOffences committed by enforcing authoritiesTwice the penalty under the relevant section

Tanvi Srivatsan

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