On July 31, 2019, Rajya Sabha passed the Motor Vehicles (Amendment) Bill, 2019. It will amend the provisions under the 1988 Motor Vehicles Act.
- Background: The Motor Vehicles (Amendment) Bill, 2019 is based on the recommendations of the Group of Transport Ministers (GoM) headed by Shri. Yoonus Khan, the then Transport Minister of Rajasthan, to address the issue of road safety and to improve the facilitation of the citizens while dealing with transport departments.
- Vehicle Fitness: The Bill mandates automated fitness testing for vehicles and provides for compulsory recall of defective vehicles and power to examine irregularities of vehicle companies.
- Recall of Vehicles: It allows the central government to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users. The manufacturer of the recalled vehicle will be required to either reimburse the buyers for the full cost of the vehicle or replace the defective vehicle with another vehicle with similar or better specifications.
- Road Safety Board: It provides for a National Road Safety Board which must be created by the central government through a notification.
- Protection of Good Samaritan: In order to help road accident victims, Good Samaritan guidelines have been incorporated in the Bill. It defines a Good Samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident, and provides rules to prevent harassment of such a person.
- Cashless Treatment during Golden Hour: It provides for a scheme for cashless treatment of road accident victims during the golden hour.
- Third Party Insurance: The Bill has included the driver’s attendant in 3rd Party insurance. There will be no cap on liability of insurers. There will be a 10 time increase in insurance compensation, from Rs 50,000 to Rs 5 lakh. Claim process has been simplified. Insurance firms have to pay claims within a month, if the victim’s family agrees to accept Rs 5 lakh compensation.
- Hit and run cases: The Bill increases the minimum compensation for hit and run cases from Rs 25,000 to Rs 2 lakh in case of death, and from Rs 12,500 to Rs 50,000 in case of grievous injury.
- Motor Vehicle Accident Fund: The Bill requires the central government to constitute a Motor Vehicle Accident Fund to provide compulsory insurance cover to all road users in India.
- Provision for online driving licenses: The Bill provides for online Learners Licence with mandatory online identity verification. Driving test will be computerized to avoid fake driving license. Commercial licenses will be valid upto 5 years instead of 3 years.
- Process of Vehicle Registration: In order to bring harmony of the registration and licensing process, the bill proposes to create a National Register for Driving Licence and National Register for Vehicle registration through “Vahan” & “Sarathi” platforms.
Proposed Amendments in Various Penalties under Motor Vehicles (Amendment) Bill – 2019
|Sections||Particulars||New Proposed Provision / Minimum Penalties|
|New 177A||Rules of road regulation violation||Rs 500|
|178||Travel without ticket||Rs 500|
|179||Disobedience of the orders of authorities||Rs 2000|
|180||Unauthorized use of vehicles without licence||Rs 5000|
|181||Driving without licence||Rs 5000|
|182||Driving despite disqualification||Rs 10,000|
|182 B||Oversize vehicles||Rs 5000|
|183||Over speeding||Rs 1000 for Light Motor Vehicle (LMV)
Rs 2000 for Medium passenger vehicle
|184||Dangerous driving penalty||Upto Rs 5000|
|185||Drunken driving||Rs 10,000|
|189||Speeding / Racing||Rs 5,000|
|192 A||Vehicle without permit||Upto Rs 10,000|
|193||Aggregators (violations of licencing conditions)||Rs 25,000 to
|194||Overloading||Rs 20,000 and
Rs 2000 per extra tonne
|194 A||Overloading of passengers||Rs 1000 per extra passenger|
|194 B||Seat belt||Rs 1000|
|194 C||Overloading of two wheelers||Rs 2000, Disqualification for 3 months for licence|
|194 D||Helmets||Rs 1000, Disqualification for 3 months for licence|
|194 E||Not providing way for emergency vehicles||Rs 10,000|
|196||Driving Without Insurance||Rs 2000|
|199||Offences by Juveniles||Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled|
|206||Power of Officers to impound documents||Suspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E|
|210 B||Offences committed by enforcing authorities||Twice the penalty under the relevant section|
About Ministry of Road Transport and Highways:
♦ Headquarters: New Delhi
♦ Minister In-charge: Nitin Jairam Gadkari