Before 2019 Indian Motor Vehicles (Amendment) Bill, 2017 was introduced in 16th Lok Sabha. The bill was passed by the Lok Sabha on April 2017 and sent to the Rajya Sabha, which referred it to a committee in August 2017. The bill was again inspected by a joint standing committee composed of Transport ministers of 18 states of India. Bill lapsed at the last of the last session of 16th Lok Sabha. The bill was re-introduced in the first session of 17th Lok Sabha by union transport minister Nitin Gadkari which is then passed by both Lok Sabha as well as Rajya Sabha before the end of the session and President of India gave his assent on 9 August 2019.
Salient features of Motor Vehicles (Amendment) Act, 2019
Motor Vehicle Accident Fund: This fund has been introduced by the Motor Vehicles (Amendment) Act, 2019 under section 164(B). It provides compulsory insurance cover for all the road users in India many types of accidents including Compensation to representatives of somebody who died in a very hit and run motor accident.
Electronic monitoring and enforcement of road safety: This act mandates state governments to make sure the utilization of technology to detect traffic violations on national highways, state highways and concrete roads which has speed cameras, body wearable cameras and such other technology having population up to such limits as is also adviced by the Central Government. Also, this act specifies electronic fitness testing of vehicles.
Changes in driving license testing: Obtaining a driving license (DL) could get tougher. the method of obtaining a licence will become technology-driven, reducing human interface to curb corruption. Currently, licence testing is manual, which implies untrained people are ready to procure a licence.
National Register of Driving License: The Central Government shall maintain a National Register of Driving Licences which assigns a specific driving license number without which no driving license will be issued or renewed. At the state level, a State Register of Driver's Licences will be maintained by each government of the state. It'll make the transfer of vehicles across states easy using the online system. Integration vehicle database everywhere India in order that any1 who is transferred from 1 state to a different state frequently gets the good thing about the same.
Use of Aadhar: This act states that Aadhar is obligatory for obtaining a DL and to register a vehicle.
Traffic Violations by Juveniles: In this regard, the guardians or owner of the vehicle would be held responsible except they prove the offence was committed without their knowledge or they tried to stop it. The registration of the Motor Vehicle in question is going to be scrapped. The juvenile will be tried under the Juvenile Justice Act.
Online Learning License: It is stated in this act that a licencing authority can issue a learner's licence in electronic form and such manner as could also be prescribed by the Central Government. National Transportation Policy: Creation of National Road Transport policy under section 66(A) in concurrence with the State Governments to establish a planning framework for passengers and goods transportation within which transport bodies are to control, establish a medium and future planning framework for all types of road transport, identify areas for the event of transport improvement infrastructure across India in deliberation with the authorities and agencies associated with ports, railways and aviation and regulatory authorities for the delivery of a holistic mode transport system, seamless mobility and greater efficiency within the transport of products or livestock or passengers, and economical use of resources and to safeguard the interest of the general public and promote equity while seeking to reinforce private participation and public-private partnership within the transport sector.
Various Mode Facilitation: This act give power to central Govt to form schemes for national, various mode and inter-State transport of passengers and things.
Offences and Penalties: Penalties for various traffic violations are increased ten-fold including jail terms. A driver's refresher training course required to urge back your suspended DL. Powers are given to state governments to extend fines up to 10 times over specified by the Central government. This act specifies an automatic increase in fines no more than 10% annually.
Good Samaritan Law: The act has provision for the protection of Samaritans which was passed in 2016 by Supreme Court of India. People who step forward to assist accident victims are protected against civil or criminal liability under section 134(A). It'll be optional for them to disclose their identity to the police or medical personnel.
Vehicles Call back: The govt can call back vehicles whose comp1nts or engine don't meet the wanted standards or shown to be damaging the environment.
National Road Safety Board: As per the Act under section 215(d) National Road Safety Board will be made by central govt. The Board will advise the central and state governments on all aspects of road safety and traffic management.
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. These aggregators will be issued licenses by state. Further, they must go along with the Information Technology Act, 2000.
Punishment
1. Whoever, being a manufacturer, importer or dealer of Motor Vehicles, sells or delivers or alters or offers to sell or deliver or alter, a Motor Vehicle that is in infringement of the provisions of Chapter VII of MOTOR VEHICLE Act, 1988 or the rules and regulations made thereunder, will be punishable with imprisonment for a period which can be increased to 1 year, or with fine of 1 lakh rupees per such Motor Vehicle or with both.
2. Provided that no person will be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such Motor Vehicle, he had disclosed to the other party the manner in which such Motor Vehicle was in infringement of the provisions of Chapter VII or the rules and regulations made thereunder.
3. Whoever, being a manufacturer of Motor Vehicles, fails to go along with with the provisions of Chapter VII or the rules and regulations made thereunder, will be punishable with imprisonment for a period which can be increased to 1 year or with fine which can be increased to 1 hundred cr. rupees or with both.
4. Whoever sells or offers to sell, or permits the sale of any comp1nt of a Motor Vehicle which has been notified as a critical safety comp1nt by the government and which doesn't in accordance with Chapter VII or the rules and regulations made thereunder is punishable with imprisonment for a period which can be increased to 1 year or with fine of 1 lakh rupees per such comp1nt or with both.
5. Whoever, being the owner of a Motor Vehicle, alters a Motor Vehicle, including by way of modifying of Motor Vehicle parts, in a manner not permitted under the Act or the rules and regulations made thereunder and the person who violates these rules will be awarded the punishment of imprisonment for a period which can be increased to 6 months, or with fine of Rs. 5000 per such alteration or with both.
Other Features
• Enforcing authorities, if caught violating traffic rules shall have to pay double the fine prescribed by this act.
• It will be mandatory to alter vehicles to make them suitable for specially-abled people.
• Contractors, consultants and civic agencies will be accountable for faulty design, construction or poor maintenance of roads leading to accidents.
• The minimum education qualification required for obtaining a DL is now removed.
Sirachi Gupta, Faculty of Law, University of Lucknow
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