Acts and Amendments

Motor Vehicles Act, 2019

The new Motor Vehicles act is finally here and we are all for it. The amended bill which was tabled in 2016 has finally been given assent by the President and was brought in force earlier this month. The amendments to this bill have been well written and are quite progressive in nature.

The policy makers have been diligent to keep in check the amount of penalties in consonance with the current time which was not the case a decade ago, for example, a violation of not wearing a seat belt or of not wearing a helmet on a two wheeler resulted in a penalty of 100 rupees before but now the penalty has been bumped up to a 1000 rupees. Other stricter violations such as driving without a license or driving despite disqualification whose penalty had needed to be amended severely have also been raised to 5,000 and 10,000 rupees  respectively.

The bill has seen to do justice to grave offences under certain  provisions like drinking and driving which now has a penalty of 10,000 rupees and/or imprisonment upto 6 months for first time offenders but for second time offenders the fine goes to 15,000 rupees and/or imprisonment up to 2 years. 

One of the primary areas where the bill is said to concentrate on is for developing stricter laws especially for the underage demographic i.e juvenile offences such as driving or drinking and driving which has held the guardian to be liable for a fine of 25,000 rupees with a 3 year jail time and simultaneously leads to cancellation of the Motor Vehicle’s Registration.

It is seen that new expressions and terms have also been included in the amendment,like,terms such as the “golden hour.” 

Golden hour has been designated as that one hour right after the accident takes place which is said to be very critical for the life of the victim.

The act has also encouraged the citizens to give a helping hand to victims of road accidents by providing for the rules of Good Samaritan in the bill which certainly has helped the bill to be protective about the people who volunteer to get involved in the process.

Another expression which has been and was needed to be incorporated is the “aggregator” which is a digital intermediary or marketplace for a passenger to connect with a driver for the purpose of transportation. The set principles of such intermediaries by which they needed to be governed are also included in the bill.

The bill has tried to draw attention to the hazards of climate change thereby also reducing corruption in the transport department by providing for automated fitness testing of the vehicles.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. 

Therefore,it can be concluded that the bill has been amended with a comprehensive approach and to all its entirety. The significant bumps which  were needed to be made in the penalties/fines are believed to encourage people to become less reckless and rather alert while travelling on the road. 

The new definitions and terms which have been introduced are well put but lack a bit of clarity which might hinder the implementation of the amended act,like,the bill has provided for a National Road Safety Board which has to be created by a notification by the central government but it is yet to clarify its functions and its functioning.

But something which needs to be put under heavy observation is that implementation of such fines come through and should not result in people merely bypassing them by paying a meagre amount to the cops which would impede the growth that has been intended with this bill and would defeat the purpose of the amendment.