Very soon, traffic violations
will invite huge penalties for motorists in India as the Motor Vehicles
(Amendment) Bill, 2019 was passed by Rajya Sabha.
Among a few new proposals
cleared, guardians and owners of vehicles shall be deemed to be guilty in the
case of a juvenile committing an offence. Rs 25,000 with 3 yrs imprisonment
have been proposed for such an offence while the Juvenile will be tried under
JJ Act. The registration of the motor vehicle too will be cancelled.
Another new proposal
envisages that a fine of Rs 10,000 will be levied on any vehicle driver for not
providing way for emergency vehicles. Apart from this, important areas of
amendment include vehicle fitness, recall of vehicles, protection of good
Samaritan, cashless treatment during golden hour, taxi aggregators, etc.
The Bill has been passed with
three Government amendments and will need to go back to Lok Sabha. The Lok
Sabha had already passed the Bill on the 23rd of July 2019.
Proposed Amendments in
Various Penalties under Motor Vehicles (Amendment) Bill – 2019
Old Provision / Penalty
New Proposed Provision /
Rules of road regulation
Travel without ticket
Disobedience of orders of
Unauthorised use of
vehicles without license
Driving without license
Rs 1000 for LMV
Rs 2000 for Medium
Dangerous driving penalty
Upto Rs 5000
Speeding / Racing
Vehicle without permit
upto Rs 5000
Upto Rs 10,000
Aggregators (violations of
Rs 25,000 to
Rs 2000 and
Rs 1000 per extra tonne
Rs 20,000 and
Rs 2000 per extra tonne
Overloading of passengers
Rs 1000 per extra passenger
Overloading of two wheelers
Rs 2000, Disqualification
for 3 months for license
Rs 1000 Disqualification
for 3 months for license
Not providing way for
Driving Without Insurance
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
Power of Officers to
Suspension of driving
licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E
Offences committed by
Twice the penalty under the
The amendments in the Bill
mainly focus on issues relating to improving road safety, citizens’
facilitation while dealing with the transport department, strengthening rural
transport, last mile connectivity and public transport, automation and
computerization and enabling online services. Some of the important areas of
amendment are as follows:
In the area of road safety,
the Bill proposes to increase penalties to act as deterrent against traffic
violations. Stricter provisions are
being proposed in respect of offences like juvenile driving, drunken driving,
driving without licence, dangerous driving, over-speeding, overloading
etc. Stricter provisions for helmets
have been introduced along with provisions for electronic detection of
violations. Penalty regarding motor
vehicles is to be increased by 10 % every year..
The Bill mandates automated
fitness testing for vehicles. This would
reduce corruption in the transport department while improving the road
worthiness of the vehicle. Penalty has
been provided for deliberate violation of safety/environmental regulations as
well as body builders and spare part suppliers. The process for testing and
certification for automobiles is proposed to be regulated more
effectively. The testing agencies
issuing automobile approvals have been brought under the ambit of the Act and
standards will be set for motor vehicle testing institutes. The Bill also
provides for compulsory recall of defective vehicles and power to examine
irregularities of vehicle companies.
The Bill 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: (i) reimburse the
buyers for the full cost of the vehicle, or (ii) replace the defective vehicle
with another vehicle with similar or better specifications.
The Bill provides for a
National Road Safety Board, to be created by the central government through a
notification. The Board will advise the central and state governments on all
aspects of road safety and traffic management including standards of motor
vehicles, registration and licensing of vehicles, standards for road safety,
and promotion of new vehicle technology.
of Good Samaritan
To help road accident
victims, Good Samaritan guidelines have been incorporated in the Bill. The Bill 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
Treatment during Golden Hour
The Bill provides for a
scheme for cashless treatment of road accident victims during golden hour.
The Bill has included the
driver’s attendant in 3rd Party insurance. re 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 agree to accept Rs 5 lakh
compensation. The Bill also increases the minimum compensation for hit and run
cases from Rs 25,000 to two lakh rupees in case of death, and from Rs 12,500 to
Rs 50,000 in case of grievous injury.
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. It will be utilised for: treatment of persons injured in road
accidents as per the golden hour scheme,
compensation to representatives of a person who died in a hit and run
accident, compensation to a person
grievously hurt in a hit and run accident, and
compensation to any other persons as prescribed by the central
government. This Fund will be credited through: payment of a nature notified by
the central government, a grant or loan
made by the central government, balance
of the Solatium Fund (existing fund under the Act to provide compensation for
hit and run accidents),or any other source as prescribed the central
Services using e-Governance
Improving delivery of
services to the stakeholders using e-Governance is one of the major focuses of
this Bill. This includes
for online driving licenses.
The Bill provides for online
Learners License with mandatory online identity verification Driving test will
be computerized to avoid fake D.L. The
Bill will bring transparency in RTO offices. Commercial licenses will be valid
up to five instead of three years. Application for renewal can be made one year
prior to or after license lapses. Driver Training Schools will be opened so
that more efficient drivers may be available.
of Vehicle Registration
To improve the registration
process for new vehicles, registration at the end of the dealer is being
enabled and restrictions have been imposed on temporary registration. The Minister has however said that state transport
departments can inspect the vehicles at dealers end.
To bring harmony of the
registration and licensing process, it is proposed to create National Register
for Driving License and National Register for Vehicle registration through
“Vahan” & “Sarathi” platforms. This will facilitate uniformity of the
process across the country.
The driving training process
has been strengthened enabling faster issuance of transport licenses. This will help in reducing the shortage of
commercial drivers in the country. More and more drivers training schools and
vehicle fitness centres will be opened
To facilitate transport
solutions for Divyang, the bottlenecks have been removed in respect of grant of
driving licenses as well as alterations in the vehicles to make it fit for
their use .
in Transportation System
Development of integrated Transport
System will be possible from the National Transportation Policy. This will also
enhance the powers of the State Governments, provide better last mile
connectivity, rural transport etc.
The Bill defines aggregators
as digital intermediaries or market places which can be used by passengers to
connect with a driver for transportation purposes (taxi services). The Bill
provides guidelines for Aggregators. At present there are no rules in many
states for regulating aggregators, taxis etc.
in Driving Licenses
The Bill provides for online
Learners License. Provision of online
identity verification Aadhar Card has been made mandatory for making Driving Licenses
and driving test of the applicant will be computerized to avoid fake D.L. The Bill will bring transparency in RTO
offices. Commercial licenses will be valid upto five instead of three years. Application for renewal can be
made one year prior to or after licence lapses. Driver Training Schools will be
opened so that more efficient driver may be available.
in the process of vehicle registration
The vehicle owners may
register their vehicle anywhere in the state and process of registration will
be done by dealers. Differently abled persons will get facilities for
registration of vehicles. Checking of fitness of vehicles will be computerised
and laws for scrapping of old vehicle. Now since the National Register is in
place, transfer of vehicle from one city to another will be easier and the
stolen vehicles will not get registered.
The central government may develop a National Transportation Policy, in
consultation with state governments. The Policy will: (i) establish a planning
framework for road transport, (ii) develop a framework for grant of permits,
and (iii) specify priorities for the transport system, among other things.
Nitin Gadkari, Minister of
Road Transport & Highways and MSME thanked the Members of the House and
said that this was a matter of great happiness for him. He said the much needed
amendments will improve road safety, facilitate citizens in their dealings with
transport departments, strengthen rural transport, public transport and last
mile connectivity through automation, computerization and online services. The
Minister reiterated that the Bill would, in no way, encroach upon the powers
and authorities of the states. He said the Bill would rather empower the
states. He added that the Bill will
provide an efficient, safe and corruption free transport system in the country.
The Motor Vehicles
(Amendment) Bill, 2019 is based on the recommendations of the Group of
Transport Ministers (GoM) of States constituted by the Ministry of Road
Transport & Highways to address the issue of road safety and to improve the
facilitation of the citizens while dealing with transport departments. The GoM was headed by Yoonus Khan, the then
Transport Minister of Rajasthan, and had 18 State Transport Ministers from
different political parties as members.
On the basis of
recommendations of the GoM and other pressing requirements, the Ministry of
Road Transport & Highways introduced the Motor Vehicle (Amendment) Bill
2016. This, along with amendments, was passed by Lok Sabha on 10th April, 2017.
The Bill as passed by Lok Sabha was introduced in Rajya Sabha and was referred
to the Select Committee of the Rajya Sabha on 08.08.2017. The Select Committee
presented its report to the Parliament on 22nd
December, 2017. The Bill was pending in the Rajya Sabha and lapsed with
the dissolution of the 16th Lok Sabha.
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