Motor Vehicle Amendment Act, 2019

Motor Vehicles (Amendment) Act, 2019

The Motor Vehicles(Amendment)Act,2019wasintroduced in LokSabha on July 15,2019by the

Ministerfor Road Transportand Highways, Mr.Nitin Gadkari.

The Act seeks to amend the Motor Vehicles Act, 1988 to provide for road safety.

The Act provides for grant of licenses and permitsrelated to motor vehicles, standards for
motor vehicles, and penalties for violation of these provisions.

The Motor Vehicles(Amendment)Act,2019wasintroduced in LokSabha on July 15,2019by the

Ministerfor Road Transportand Highways, Mr.Nitin Gadkari.

The Act seeks to amend the Motor Vehicles Act, 1988 to provide for road safety.

The Act provides for grant of licenses and permitsrelated to motor vehicles, standards for
motor vehicles, and penalties for violation of these provisions.
 Contd

Compensation for road accident victims:

The Central Government will develop a scheme for cashless treatment of road accident
victimsduring golden hour.
The Act defines ‘golden hour’ as the time period of up to one hour following a traumatic injury,
during which the likelihood of preventing death through prompt medicalcare isthe
highest.
The Central Governmentmay alsomake a scheme for providing interimreliefto claimants
seeking compensation under third partyinsurance.
The Act increases the minimumcompensation for hitand run cases as follows:
(i) in case of death, from Rs25,000 to two lakh rupees, and
(ii) in case of grievous injury,from Rs12,500to Rs50,000.
 Contd..

▶ Compulsory insurance: The Act 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:
(i) treatment of persons injured in road accidents as per the golden hour scheme,
(ii) compensation to representatives of a person who died in a hit and run accident,
(iii) compensation to a person grievously hurt in a hit and run accident, and
(iv) compensation to any other persons as prescribed by the central government.
This Fund will be credited through:
(i) payment of a nature notified by the central government,
(ii) a grant or loan made by the central government,
(iii) balance of the Solatium Fund (existing fund under the Act to provide compensation for hit
and run accidents), or
(iv) any other source as prescribed the central government.
Contd..

▶ Good samaritans: The Act defines a good samaritan as a person who renders
emergency medical or non-medical assistance to a victim at the scene of an accident.

The assistance must have been

(i) in good faith,
(ii) voluntary, and
(iii) without the expectation of any reward.
Such a person will not be liable for any civil or criminal action for any injury to or death of
an accident victim, caused due to their negligence in providing assistance to the
victim.
 Contd..

▶ Recall of vehicles: The Act 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 specifica tions.

▶ National Transportation Policy: 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.
 Contd

▶ Road Safety Board: The Actprovides 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:
(i) standards of motor vehicles,
(ii) registration and licensing of vehicles,
(iii) standards for road safety, and
(iv) promotion of new vehicle technology.
▶ Offences and penalties: The Act increases penalties for several offences under the Act. For
example, the maximum penalty for drivingunder the influence of alcohol or drugs has been
increased from Rs2,000 to Rs10,000. Ifa vehicle manufacturer fails to comply with motor vehicle
standards, the penalty willbe a fine of up to Rs100 crore, or
imprisonment of up to one year, or both.
Ifa contractor fails to comply with road design standards, the penalty will be a fine of up to one
lakh rupees. The central government may increase fines mentioned under the Act every year by
up to 10%.
Contd..

▶ Taxi aggregators: The Act defines aggregators as digital intermediaries or

market places which can be used by passengers to connect with a driver
for transportation purposes (taxi services). These aggregators will be
issued licenses by state Further, they must comply with the Information
Technology Act, 2000.
 STRINGENT PUNISHMENT FOR FAULTY
ROAD DESIGN, ENGINEERING AND
MAINTENANCE
▶ Motor Vehicles Act, 1988: There is no provision which holds road contractors and civic agencies accountable for
faulty road design and non-maintenance of roads leading to accidents.
▶ Motor Vehicles (Amendment) Act, 2019: Section 198A is to hold road contractors, consultants or concessionaires
accountable for faulty road design, construction and maintenance and failure to do so will lead them to being
fined up to Rs. one lakh.
▶ Analysis: Engineering/designing fault’ caused 1289 accidents in 2016, killing 589. However, no provision exists in the
old Motor Vehicles Act 1988, to hold road contractors liable for defects in construction and maintenance. The
insertion of a section to penalize contractors for faulty road design and engineering will ensure an accountability
framework besides improving the quality of the roads. In old Act, the contractors get away with faulty roads as there is
no accountability framework in place.
Contd.

▶ TRANSPARENT, CENTRALISED AND EFFICIENT DRIVER’S LICENSING SYSTEM

Motor Vehicles Act, 1988: Chapter IIof the MVA relates to Licensing of
Drivers of Motor Vehicles.
▶ Under the existing Act, the lack of a centralized database of all licences
and motor vehicles across India led to a situation where a person may
have multiple licences from different States.
▶ The second proviso to Section 9 (3) exempts applicants of drivers’ licences
to take the test of competence if s/he possesses a driving certificate issued
by any institution recognized by the State Government.
▶ To drive a transport vehicle, an applicant is required to possess minimum
educational qualifications.
 Contd.
▶ Motor Vehicles (Amendment) Act, 2019:

▶ The licensing system would be digitized and the identification of the applicant would also be linked as per the UID mechanism.

▶ Minimum educational qualifications for transport drivers given under Section 9(4) has been omitted.

▶ By the insertion of sub-section (5) in Section 12, the necessity of possessing a licence to drive a light motor vehicle for at least one year before applying for a learners‟ licence
to drive a transport vehicle has been removed. An applicant can now directly apply for the class of vehicle in which he has received training through an accredited school.

▶ The renewal of transport licences under Section 14 (2) (a) has been increased to five years from three years. The renewal of transport licences for driving vehicles with
hazardous goods has been increased to three years from one year subject to such conditions as may be prescribed by the Central Government.

▶ To facilitate the grant of licences in a transparent and efficient manner, insertion of Section 25A provides for the establishment of National Register for Driving Licences
containing data on all driving licences issued throughout India. The provision also provides for the State Registers to be subsumed in the national register. It specifies that no
driving licence shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences.

▶ The exemption from taking the test of competence in case the applicant produces a certificate from an established school given in the second proviso to Section 9 (3)
has been omitted.

▶ The renewal period of a licence has been fixed at intervals of 10 years (forty years and fifty years) after the age of thirty years. The renewal period after attaining the age of
fifty-five years has been fixed at every 5 years.
Contd.

▶ Amendment to Section 19 provides for the licensing authority to disqualify a person from
holding a licence and place his name in public domain unless he successfully completes a
driver refresher training course from an established school after a certain number of offences.
▶ Under Section 27, the Central Government has been given the power to make rules for:
▶ - The form and manner in which the licensing authority shall issue licences
▶ - The curriculum and training modules for the regulation of schools and establishments referred
to in Section 12
▶ - The manner of placing a licence holders name in the public domain for disqualification due to
a certain number of offences
▶ The nature, syllabus and duration of driver refresher training course
▶ The matters referred to in Section 25A, i.e., maintenance of National Registers for driving
licences
 Analysis:

▶ Since driving a transport vehicle requires special skills, a person should be able to handle a LMV for
at least one year before graduating to a HMV, a provision which has been omitted in the
▶
Amendment Act subject to formal training for that class of vehicle from an accredited
school or establishment.
▶ In Section 14, increase in renewal period to drive transport vehicles without any prescribed training
or testing is detrimental to the safety of road users considering that HMVs are involved in a high
number of accidents.
▶ In section 14, increase in renewal period for carrying hazardous goods has been increased to
three years instead of one year provided that he undergoes a refresher training programme as
specified by the Central Government.
▶
 REGISTRATION OF NEW MOTOR
VEHICLES BY VEHICLE DEALERS

▶ Motor Vehicles Act, 1988: Under Section 41 of the existing Act, vehicle dealers cannot
carry out registration of motor vehicles.

▶ Motor Vehicles (Amendment) Act, 2019:

▶ The amendment proposed for Section 41 will now enable the vehicle dealers to register
new vehicles.
▶ The newly registered vehicles will have distinguishable registration marks
▶ There is also a provision that fixes penalties for dealers who fail to duly register a vehicle or
falter in their duties. Such dealers can be fined for up to Rs. 15,000/-
STRICT REGULATION OF HEAVY MOTOR
VEHICLES (HMVS) SUCH AS TRUCKS,
BUSES AND LORRIES

▶ Motor Vehicles Act, 1988: Minimum educational qualifications for drivers of transport vehicles
are provided under Section 9 (4) of the principal Act.
▶ A learners‟ licence to drive a transport vehicle is granted only when the applicant possesses a
licence to drive a light motor vehicle for at least one year provided under Section 7.

▶ Motor Vehicles (Amendment) Act, 2019:

▶ Minimum educational qualifications for transport drivers given under Section 9 (4) has been
omitted.
▶ By the insertion of sub-section (5) in Section 12, the necessity of possessing a licence to drive a
light motor vehicle (LMV) for at least one year before applying for a learners’ licence to drive a
transport vehicle has been removed. An applicant can now directly apply for the class of
vehicle in which he has received training through an accredited school.
Contd.

▶ Amendment to Section 72 (Grant of stage Carriage Permit) gives the power to

the Regional Power Authority to waive any condition prescribed in the section
to obtain a permit for a stage carriage in rural areas. The conditions
prescribed in Section 72 include
▶ The maximum number of passengers and the maximum weight of luggage that may
be carried.
▶ Minimum and maximum number of daily trips that may be provided
▶ (ii) Specifications of approved body codes
▶ The Act proposes automated fitness testing for transport vehicles with effect
from a date as notified by the Central Government. Amendment to Section
117 puts a duty on the State government to prioritize the safety of road users
and ensure free flow of traffic while designating parking zones.
Contd.

▶ Analysis:
▶ Allowing applicants to obtain transport license without other requirements such
as minimum educational qualifications and experience in driving LMVs is
detrimental to the safety of road users.
▶ Fatigue tests, minimum safety standards for vehicles, training of transport drivers
through simulated tests and the establishment of rest areas for transport drivers
have not been provided for in the Act.
STRINGENT PUNISHMENT FOR DRUNK-
DRIVING, OVER-SPEEDING, VIOLATION
OF HELMET AND SEAT-BELT LAWS
▶ Motor Vehicles (Amendment) Act, 2019:
▶ All the amendments in the MV Act in the offences & penalties chapter seek to provide
stringent penalties for grave offences like drunk-driving, over-speeding, seat-belts and
helmets etc.
▶ Analysis:
▶ The increased fines will act as a deterrent and shall prevent road users from driving
recklessly. However, many stakeholders and even the Parliamentary Standing
Committee recommended that if drunk driving caused death then that act should
constituted as “culpable homicide not amounting to murder‟ instead of just
“negligence”. This recommendation hasn‟t been included in the final amendment as it
involves amendment in the IPC for which the Ministry of Home Affairs has to move
appropriate amendments
REVISION OF FINES

▶ Motor Vehicles Act, 1988: There exists no provision for a steady increase of
fine so that the fines are consistent with the changing inflation levels.

Motor Vehicle (Amendment) Act, 2019: A new provision Section 199B is to

effectuate a fixed increase in all fines under the Act @10%on an annual basis
on the 1st day of April every year.

▶ Analysis: The annual increase in fines will ensure that fines are not
stagnant and are consistent with the changing times.
ELECTRONIC MONITORING AND
ENFORCEMENT OF ROAD SAFETY

▶ Motor Vehicles Act, 1988: With enforcement being a State subject, the old scenario
with regard to electronic enforcement differs across States.

▶ Motor Vehicles (Amendment) Act, 2019: The insertion of new Section 136A puts the
responsibility on the Central Government to make rules for the electronic monitoring and
enforcement of road safety. State Governments shall ensure the implementation of the
same.
▶ Analysis: Legislating the establishment of robust electronic enforcement for traffic
violations will result in reduction in human intervention and the associated corruption. A
robust electronic enforcement system including speed cameras, closed-circuit
televisions cameras, speed guns and such other technology will ensure violations being
captured at a greater scale.
 OFFENCES BY JUVENILES

▶ Motor Vehicles Act, 1988: Under the old Act, allowing unauthorized persons to drive a
vehicle invites a penalty of Rs. 1000/- and/or imprisonment of up to three months.
Occasionally, provisions of the Indian Penal Code (IPC) are invoked in cases involving death
or injury, such as Section 109 (Abetment) of the IPC read with either Section 304 II/Section
304A in case of death or Section 337-339 of the IPC in case of injury.
▶ Motor Vehicles (Amendment) Act, 2019: The amendment Act under Section 199A invokes
adult accountability by proposing penalties for the guardian/owner of the vehicle for offences
committed by Juveniles. The guardian or owner of the vehicle shall be guilty with a fine of Rs.
25000/- and/or imprisonment of up to 3 years, while the Juvenile will be tried under JJ Act.
Additionally, the registration of said motor vehicle will be cancelled. The burden of proof shall
lie on the guardian/owner.
 Contd

▶ Analysis: According to the Ministry of Road Transport and Highways, in 2016 alone, total and
fatal road accidents involving underage drivers were 18,738 and 5,383 respectively.2 While in
the existing Act, the penalty is for allowing “unauthorized persons” to drive vehicles, the
amendment proposes to specify “juveniles”. The penalties for the same have been increased
with a 25x increase in the fine and a 12x increase in the period of imprisonment. In addition
to the increased fines, registration of the vehicle being cancelled can ensure that guardians
do not allow their juveniles to drive their vehicle.
 DANGEROUS DRIVING

▶ Motor Vehicles Act, 1988: The existing definition of driving dangerously has a narrow scope
that does not take into account common traffic offences such as jumping red lights and using
mobile phones while driving. Furthermore, considering the nature of offences, the existing fine
prescribed is a meagre rupees one thousand.
▶ Motor Vehicles (Amendment) Act, 2019: Besides enhancing penalties for dangerous driving,
the amendment to Section 184 has also broadened the scope of the definition of “dangerous
driving” to include the acts that are considered driving in manner dangerous to the public
such as jumping a red light, violating a stop sign, use of hand-held communication devices
while driving, driving against the flow of traffic, and passing or overtaking any motor-vehicle in
a manner contrary to law.
▶ Analysis: All the above mentioned points, which were earlier missing in the Act, are risk factors
that contribute to road accidents. By expanding the scope of the definition of dangerous
driving, the Act provides the enforcement agencies to crack down on traffic rules violators
more efficiently and provides a uniform penalty for such offences.
 PENALTY FOR OFFENCES RELATED TO
CONSTRUCTION AND MAINTENANCE
OF VEHICLES
▶ Motor Vehicles Act, 1988: The existing punishment for offences relating to construction and maintenance of
vehicles provided under Section 182A is rupees one thousand for the first offence and rupees five thousand for any
subsequent offence.
▶ Motor Vehicles (Amendment) Act, 2019: Amendment to Section 182A enhances penalties for contravention of
chapter VII (Construction and maintenance of vehicles) by manufacturers, dealers, importers and owners of motor
vehicles. It also provides a penalty for registration and issuance of certificate of fitness to oversized vehicles.
▶ The penalty for sale or offering to sell or alter in contravention of chapter VII shall be an imprisonment of up to one
year or a fine which may extend to one lakh rupees.
▶ The penalty for failing to comply with the provisions of chapter VII during manufacture shall be a term which may
extend to one year or a fine which may extend to rupees one hundred crore.
▶ The penalty to offer to sell or sell safety components not in compliance with chapter VII shall be an imprisonment of
one year and a fine which may extend to one lakh rupees.
▶ Analysis: Enhancing the penalties for construction and maintenance of motor vehicles by a manufacturer to up to
rupees one hundred crore will ensure that manufacturers are held accountable for any defect in the vehicle.
NATIONAL ROAD SAFETY BOARD

▶ Motor Vehicles Act, 1988: There is oldly no provision for a national

body for road safety.
▶ Motor Vehicles (Amendment) Act, 2019: The proposed new Section 215D
establishes a National Road Safety Board. The Board will render advice to
the Union as well as State Government on all aspects of road safety and
traffic management including the standards of road design, vehicle
maintenance, road maintenance, sustainable utilization of road transport,
safety of vulnerable road users, road construction technology, motor
vehicle standards, etc.
▶
TRANSPORT AGGREGATORS

▶ Motor Vehicles Act, 1988: The old Act does not recognize aggregators of
transport like cab service providers etc.
▶ Motor Vehicles (Amendment) Act, 2019: The new legislation under Section
93, gives statutory recognition to transport aggregators.
NATIONAL TRANSPORTATION POLICY

▶ Motor Vehicles Act, 1988: There are no provisions for formulating a unified
transportation policy for the country.

▶ Motor Vehicles (Amendment) Act, 2019: New provisions 66A and 66B to
empower the Central Government to implement a National
Transportation Policy in consultation with the States.
 PENALTY MULTIPLIER

▶ Motor Vehicles Act, 1988: There is no provision in place for the State Governments to multiply any penalties.
▶ Motor Vehicles (Amendment) Act, 2019:
▶ The proposed Section 210A gives power to the State Governments to specify a “multiplier” (not less than one and
not greater than ten) to be applied to each fine.
▶ Section 210B also imposes a penalty on any enforcing authority under this Act. It would have to pay twice the
penalty corresponding to that offence under the Act.

▶ Analysis:
▶ The new provision gives State Governments the power to increase fines in their jurisdiction by up to ten times the
amount specified in the Act. For instance, the proposed fine for over-speeding is Rs. 1000 but any State Government
can levy a fine of up to Rs. 10,000 and not less than Rs. 1000 for over-speeding in the jurisdiction of that respective
State.
▶ Penalizing enforcing authorities will push them towards discharging their duties more efficiently and deter them from
lapsing on their part.
 COMPENSATION IN HIT-AND-RUN CASES

▶ Motor Vehicles Act, 1988: The compensation for hit-and-run cases is oldly Rs. 12,500/- in
cases of grievous hurt and Rs. 25,000/- in cases of death.

▶ Motor Vehicles (Amendment) Act, 2019: The proposed amendment to Section 161 of the Act is
slated to increase the compensation in cases of grievous injury to Rs. 50,000/- or higher and to
Rs. 2 lakh or higher in cases of death.

▶ Analysis: In2016 alone, there were 55,942 reported cases of hit-and-run accidents in India,
which resulted in 22,962 deaths (which stands at 15.2%share in total road accident deaths). In
view of the high number of hit-and-run cases in India, the increased compensation will enable
immediate monetary assistance to the victim/victim families.
 In the 2019 version of the Amendment
Act, the following three changes may
be noted:
▶ Section 28: This Section in the 1988 Motor Vehicles Act provided power to the State
Government to determine how they wanted to maintain the State Registers for Driving
Licenses. The Section (28 (2) (j)) has now been omitted and may be to ensure uniformity in
maintenance of State Registers. This omission wasn't made in the 2017 version but has been
made in the 2019 one.
▶ Section 56: This Section provides for vehicle fitness testing in automated testing centres. In
the 2017 version the date after which only vehicle fitness certificates from automated
testing centres would be considered valid was 1st October, 2019. In the 2019 version there is
no specific date but a date that will be notified by the Central Government.
▶ Section 41: Section 41 deals with registration of vehicles and its sub-parts 11, 12 and 13
provide fines for delays in registration. The fines are drawn from Section 177 in the Motor
Vehicles Act, 1988 which was INR 100. In the 2017 Amendment Act the fine was raised to up
to INR 5000. However, in the 2019 version sub-section 11, 12 and 13 are omitted.
 Penalty in M V Act Penalty in M V Act, 2019
Section Title 1988
177 General Rs. 100/- From Rs. 500/- up to Rs. 1,500/-

Rules of road regulation Rs. 100/- From Rs. 500/- up to Rs. 1000/-
New 177A violation
178 Travel without ticket Rs. 200/- Rs. 500/-
Disobedience of orders of Rs. 500/- Rs. 2000/-
179 authorities
Unauthorized use of Rs. 1000/- Rs. 5000/-
180 vehicles without licence
181 Driving without licence Rs. 500/- Rs. 5000/-
Driving despite Rs. 500/- Rs. 10,000/-
182 disqualification
Punishment for offences Rs. 1000/- for the first Dealer: Rs. 1 lakh per vehicle 1 year
182A relating to construction offence and Rs. imprisonment Manufacturer: Up to Rs. 100
and maintenance of 5000/- for crore
vehicles subsequent offence
Dealer selling safety equipment: Up to Rs. 1
lakh
Consumer: Rs. 5,000/- or 6
months imprisonment or both
From Rs. 5000/- up to Rs. 10,000/-
182 B Oversize vehicles New
Rs .1000/- for LMV
 Contd.
Rs. 400/- From Rs. 2000/- up to Rs. 4,000/- for
Medium
Over speeding passenger vehicle/Heavy passenger
vehicle/Medium goods
vehicle/Heavy goods vehicle.
183
From Rs. 1000/- up to Rs. 5000/- and/or 6
Dangerous driving Rs. 1000/- months-1
184 year imprisonment

185 Drunken driving Rs. 2000/- From Rs. 10,000/- up to Rs.

 S e c t i o n T it l e Penalty in M V Act 1988 Penalty in M V Act, 2019

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 S e c ti o n T itle Penalty in M V Act 1988 Penalty in M V Act, 2019

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