MOTOR VEHICLE ACT, 2019 BY GRISHMA SHETTY @ LEXCLIQ

Motor vehicle act, 2019

By Grishma Shetty at lexcliq

Introduction:

The motor vehicle act came into existence in 1988. It laid down rules and regulations on all aspects of road transport, including registration of motor vehicles, controlling their permits, traffic regulation, insurances and penalties. Also, motor vehicle act makes it compulsory for a driver to have a valid driving license. Also, no vehicle can be used without a registration number.

Before the new motor vehicle act 2019 was passed in September last year, Lok Sabha initiated this process with the passing of the motor vehicle bill in 2017. The amendments were targeted towards bringing changes in the transport sector to encourage safer driving practices among Indian motor vehicle drivers. The draft for the amendment was put forward in the lower house of the parliament, with a proposal to impose strict fines on the violators of traffic rules.

New changes under motor vehicle act, 2019:

The traffic rules in Indian are set a per the new motor vehicle act 2019. Under the revised act, the penalties for traffic violations have been increased significantly and have turned more stringent than ever.

  1. Driving without license= as per the new motor vehicle act, 2019 ,the penalty for driving without insurance for the motor vehicle has been increased from Rs.1000 and imprisonment of upto 3 months to Rs. 2000 and imprisonment of upto 3 months for the first time offenders and Rs.4000 and imprisonment of upto 3 months for the second time offenders.
  2. Driving with disqualified driving license = in case one is found driving with a disqualified license, he or she can be fined for Rs. 10000. This fine was just Rs. 500 earlier.
  3. Driving under the influence of alcohol or intoxicating substance =drunk drinking under the influence of alcohol or substance is among the biggest concerns today. Of course, it’s also a serious offence as it poses a great risk to the safety of both the driver and that of the road users. Hence, as per the new traffic rules and fines, the penalty that the offender has to pay has been increases by several times. Compared to the old penalty of Rs. 2000, a first –time offender now has to pay Rs.10000 and face imprisonment of 6 months. Also, the second time offender has to pay Rs. 15000 and can face to 2 years of imprisonment.
  4. Not wearing a helmet = the traffic fine for riding a two – wheeler without wearing as ISI approved helmet has been increased from Rs.100 earlier to Rs.1000 now.
  5. Racing and speed testing = Another highly serious offence that is often seen being committed on our roads is that of racing and speed testing .for this, the fine has been bumped up from Rs. 500 to earlier to Rs. 5000 and imprisonment of upto 3 months for the firsts time offenders and Rs. 10000 and imprisonment of upto 1 year for repeat offenders.
  6. Offences by juveniles = as before, there is no punishment to the juvenile for this but the owner of the vehicle or the guardian of the underage driver now has to pay a fine of Rs.25000 along with facing imprisonment of 3 years.
  7. Offences committed by enforcing officers= as per the motor vehicle act 2019, there is no fixed penalty for this offence but the new fine is double the penalty under the relevant section.
  8. Having two driving licenses = in case one is found having 2 or more driving licenses, he or she can be penalized. Also, from now, all driving licenses that are to be issued will have a smart chip that can be accessed by the traffic police through a QR code .

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