{"id":217952,"date":"2019-08-12T13:02:05","date_gmt":"2019-08-12T07:32:05","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=217952"},"modified":"2021-07-30T09:52:32","modified_gmt":"2021-07-30T04:22:32","slug":"motor-vehicles-amendment-bill-2019-received-presidents-assent-on-9th-august-2019","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2019\/08\/12\/motor-vehicles-amendment-bill-2019-received-presidents-assent-on-9th-august-2019\/","title":{"rendered":"Motor Vehicles (Amendment) Bill, 2019 received President’s assent on 9th August, 2019"},"content":{"rendered":"

Parliament received President’s assent for the Motor Vehicles (Amendment) Act, 2019 on 09-08-2019.<\/strong><\/span><\/p>\n

Motor Vehicles (Amendment) Bill, 2019 had been passed by both the Houses of Parliament and was waiting for the President’s assent.<\/p>\n

Motor Vehicles (Amendment) Act, 2019 will amend the Motor Vehicles Act, 1988.<\/strong><\/span><\/p>\n

Some of the important areas of the amendment as was notified earlier are:<\/p>\n

Road Safety<\/strong><\/p>\n

In the area of road safety, the Bill proposes to increase penalties to act as a deterrent against traffic violations.\u00a0 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.\u00a0 Penalty regarding motor vehicles is to be increased by 10 % every year.<\/p>\n

Proposed Amendments in Various Penalties under Motor Vehicles (Amendment) Bill \u2013 2019<\/u><\/strong><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Section<\/strong><\/td>\n<\/td>\nOld Provision \/ Penalty<\/strong><\/td>\nNew Proposed Provision \/ Minimum Penalties<\/strong><\/td>\n<\/tr>\n
177<\/td>\nGeneral<\/td>\nRs 100<\/td>\nRs 500<\/td>\n<\/tr>\n
New 177A<\/td>\nRules of road regulation violation<\/td>\nRs 100<\/td>\nRs 500<\/td>\n<\/tr>\n
178<\/td>\nTravel without ticket<\/td>\nRS 200<\/td>\nRs 500<\/td>\n<\/tr>\n
179<\/td>\nDisobedience of orders of authorities<\/td>\nRs 500<\/td>\nRs 2000<\/td>\n<\/tr>\n
180<\/td>\nUnautorized use of vehicles without licence<\/td>\nRs 1000<\/td>\nRs 5000<\/td>\n<\/tr>\n
181<\/td>\nDriving without licence<\/td>\nRs 500<\/td>\nRs 5000<\/td>\n<\/tr>\n
182<\/td>\nDriving despite disqualification<\/td>\nRs 500<\/td>\nRs 10,000<\/td>\n<\/tr>\n
182 B<\/td>\nOversize vehicles<\/td>\nNew<\/td>\nRs 5000<\/td>\n<\/tr>\n
183<\/td>\nOver speeding<\/td>\nRs 400<\/td>\nRs 1000 for LMVRs 2000 for Medium passenger vehicle<\/td>\n<\/tr>\n
184<\/td>\nDangerous driving penalty<\/td>\nRs 1000<\/td>\nUpto Rs 5000<\/td>\n<\/tr>\n
185<\/td>\nDrunken driving<\/td>\nRs 2000<\/td>\nRs 10,000<\/td>\n<\/tr>\n
189<\/td>\nSpeeding \/ Racing<\/td>\nRs 500<\/td>\nRs 5,000<\/td>\n<\/tr>\n
192 A<\/td>\nVehicle without permit<\/td>\nupto Rs 5000<\/td>\nUpto Rs 10,000<\/td>\n<\/tr>\n
193<\/td>\nAggregators (violations of licencing conditions)<\/td>\nNew<\/td>\nRs 25,000 to Rs 1,00,000<\/td>\n<\/tr>\n
194<\/td>\nOverloading<\/td>\nRs 2000 andRs 1000 per extra tonne<\/td>\nRs 20,000 andRs 2000 per extra tonne<\/td>\n<\/tr>\n
194 A<\/td>\nOverloading of passengers<\/td>\n<\/td>\nRs 1000 per extra passenger<\/td>\n<\/tr>\n
194 B<\/td>\nSeat belt<\/td>\nRs 100<\/td>\nRs 1000<\/td>\n<\/tr>\n
194 C<\/td>\nOverloading of two wheelers<\/td>\nRs 100<\/td>\nRs 2000, Disqualification for 3 months for licence<\/td>\n<\/tr>\n
194 D<\/td>\nHelmets<\/td>\nRs 100<\/td>\nRs 1000 Disqualification for 3 months for licence<\/td>\n<\/tr>\n
194 E<\/td>\nNot providing way for emergency vehicles<\/td>\nNew<\/td>\nRs 10,000<\/td>\n<\/tr>\n
196<\/td>\nDriving Without Insurance<\/td>\nRS 1000<\/td>\nRs 2000<\/td>\n<\/tr>\n
199<\/td>\nOffences by Juveniles<\/td>\nNew<\/td>\nGuardian\/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<\/td>\n<\/tr>\n
206<\/td>\nPower of Officers to impound documents<\/td>\n<\/td>\nSuspension of driving licenses u\/s 183, 184, 185, 189, 190, 194C, 194D, 194E<\/td>\n<\/tr>\n
210 B<\/td>\nOffences committed by enforcing authorities<\/td>\n<\/td>\nTwice the penalty under the relevant section<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Vehicle Fitness<\/strong><\/p>\n

Bill mandates automated fitness testing for 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. The Bill also provides for a compulsory recall of defective vehicles and power to examine irregularities of vehicle companies.<\/p>\n

Recall of Vehicles<\/strong><\/p>\n

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.<\/p>\n

Road Safety Board<\/strong><\/p>\n

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,\u00a0 registration and licensing of vehicles,\u00a0 standards for road safety, and promotion of new vehicle technology.<\/p>\n

Protection of Good Samaritan<\/strong><\/p>\n

To help road accident victims,\u00a0Good Samaritan guidelines<\/strong>\u00a0have been incorporated in the Bill.\u00a0 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 person.<\/p>\n

Cashless Treatment during Golden Hour<\/strong><\/p>\n

The Bill provides for a scheme for cashless treatment of road accident victims during golden hour.<\/p>\n

Third-Party Insurance<\/strong><\/p>\n

The Bill has included the driver\u2019s attendant in 3rd<\/sup>\u00a0Party 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\u2019s 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.<\/p>\n

Motor Vehicle Accident Fund<\/strong><\/p>\n

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:\u00a0 treatment of persons injured in road accidents as per the golden hour scheme,\u00a0 compensation to representatives of a person who died in a hit and run accident,\u00a0 compensation to a person grievously hurt in a hit and run accident, and\u00a0 compensation to any other persons as prescribed by the central government.<\/p>\n

Improving Services\u00a0<\/strong>using e-Governance<\/strong><\/p>\n

Improving the delivery of services to the stakeholders using e-Governance is one of the major focuses of this Bill. This includes:<\/p>\n