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Motor Vehicle Amendment Act, 2019
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Motor Vehicle Amendment Act, 2019

On 23rd July 2019, the LokSabha has passed the Motor Vehicle Amendment Act, 2019 but they have only recently come into effect. Union Minister of Road Transport and Highways introduced the act to amend the Motor Vehicle Act, 1988. It has introduced the norms for acquiring the driving license and strict penalties for the violation of traffic to reduce the road mishaps in the country. The transport ministry issued a notification on August 28, 2019, listing out all the laws that have come into effect from September 1, 2019.

The notable amendments are as follows:

Driving License: The amendment proposes to remove the minimum qualification required to own a driving license, as long as the applicant holds a certificate from a driving school. As per 1988 law, of the Central Motor Vehicle Rules, 1989 only a person who has completed class VII can hold a license. In the case of expiry of the license, it can get renewed in the period of one year. Drivers may be asked to undergo a driving refresher training course for reviewing the licenses once they are suspended or revoked.

The new law also provides regulation for taxi aggregators such as Ola and Uber. They will now have to get a license from the state government where they operate along with the confirmation of the Information Technology Act 2000.

Accountability: The amendment seeks to fix the liability of contractors for the designs of faulty roads. If the contractor failed to follow the prescribed designs, and if the failure results in injury or death of that person, they will be held responsible for the same. This provision was not included in the earlier Act. Juveniles are not allowed to drive a vehicle, and if found the driving or causing an accident, the guardian or the owner will be held liable for the offence. The penalty for this crime is Rs25000 or 3 years imprisonment for guardian/owner or both

Earlier, there was no law directing manufacturer to withdraw defected models or component of a vehicle from the market. The new amendment empowers the centre to do so if defects are reported by considerable users.

Protect the Good Samaritans: The amendment has empowered the Central Government to make rules protecting the good Samaritans from civil or criminal proceedings. The Good Samaritans are the people rendering emergency care to the road accident victim.

Liability: The maximum compensation a claimant can get from the government is Rs.5 lakh in case of death and Rs.2.5 lakh in case of grievous hurt on a no-fault basis. The no-fault victim is those who are killed in a hit and run accidents in which the vehicle undertaking accident was not identified.

Insurance: The amendment introduced a Motor vehicle Accident Fund that will provide compulsory insurance on all road vehicles and compensation for the victim of a hit and run and other cases of accident. It is necessary to claim petition within six months from the date of the accident. In case of death of the injured person, his legal representatives will have the right to claim the compensation. The amendment has added the concept of the golden hour, i.e. the central government have scheme giving cashless treatment to the victims in the first hour of a traumatic injury.

Penalties:

Offences

Penalty as per old  Act in Rupees

Penalty as per the new amendment in Rupees

Violation of traffic rule and regulation

100

500

Driving a vehicle without holding a license

500

5000

Not wearing a seat belt

100

1000

Drink and Drive case

2000

Imprisonment up to 6 months or fine of Rs. 10000 or both.

Not allowing emergency vehicle to pass

No provision

10000

If driver over speeds the vehicle

400

1000 – light vehicle

2000- heavy vehicle

Driving without qualification

500

10000

Vehicle without permit

5000

10000

Driving without insurance

1000

2000

Travelling without Ticket

200

500

Dangerous Driving

-

Imprisonment of 6 months to 1 year and/or fine of Rs. 1000- Rs. 5000 for first offence and imprisonment up to 2 years and/or fine up to Rs. 10000 for the second offence.

 

Causing obstruction to free flow of traffic

50

500



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