MOTOR VEHICLE (AMENDMENT) ACT 2019

MOTOR VEHICLE(AMENDMENT) ACT 2019

Author: Abhyudaya raj mishra,
BBA LLB 1st sem,
Himachal Pradesh National Law University.
MOTOR VEHICLE (AMENDMENT) ACT 2019

The motor vehicle act 2019 is a comprehensive enactment to various matters relating to traffic safety on the roads and minimization of road accidents.1 With 63 clauses of the Motor Vehicles (Amendment) Act, 2019, came into effect from September 1, the Centre is all set to crack the whip on some of the most common traffic violations across the country. While the states are in the process of issuing a notification, the Centre has prepared a list of offences that can be compounded.

COMPULSORY INSURANCE

The motor vehicles act, 2019 like the earlier act of 1988, makes the insurance of motor vehicles compulsory. The owner of every motor vehicle is bound to insure his vehicle against the third party by the use of motor the insures cover the risk of loss of third party risk, the person suffering due to the accident caused by the use of motor vehicle may recover compensation either from the owner or the driver of the vehicle ,or from the insurance company, or them jointly.
Chapter 11th of the act (sections 145 to 164)2 contains provisions concerning insurance of motor vehicle against third party risk. According to section 146, no person can use a motor vehicle in a public place, unless an insurance policy against third party risks, as required by this chapter, is in force, in relation to the use of vehicles.

OBJECT OF COMPULSORY INSURANCE

All motor vehicles3 to be used in public places need to be insured against third party risks. The object of this provision is to protect the interest of a third party, who suffers by the use of the said vehicle. If the vehicle is insured against third party risks, the injured party can claim compensation from insurance company.

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NEED OF THE AMENDMENT

In India the highest number of road accidents occur globally, according to the 2018 World Health Organization Report. In this way, China is even behind us, the most populous country.
According to a 2017 report by the Road Transport and Highways Ministry, there have been about five lakh road accidents in India, killing about 1,5 lakhs each year.
In the 2018 road accidents about 1,49 lakh persons died with the highest number of fatalities in Uttar Pradesh.
Thus, the central government amended the Motor Vehicle Bill 2019. The main objective behind amendment is to make our roads safer.

Motor Vehicles Act, 2019 new rules: Major highlights

1. Compensation for road accident victims:
The Bill increases the minimum compensation for hit and run cases as follows: (i) in case of death, from Rs 25,000 to two lakh rupees, and (ii) in case of grievous injury, from Rs 12,500 to Rs 50,000.
2. Recall of vehicles: The New Bill allows the central government to order for recall of defected motor vehicles which may harm the environment, or the driver, or other road users.

3. Road Safety Board: The National Road Safety Board, will be created by the central government to advise the central and state governments on all aspects of road safety and traffic management.

4. Offence and Fines: The new Bill has increases fines for several offence under the Act.
i. Fine for Drink and Driving: Now the fine is increased from Rs 2,000 to Rs 10,000 along with imprisonment of 6 months. On the repetition of this act fine would be Rs. 15,000.
ii. Rash driving will cost fine of Rs. 5000 earlier it was Rs.1000.
iii. Driving without driving license will be fined Rs 5000 instead of 500 earlier.
iv. Offence by Juveniles is a new category introduced. Now Guardian of the Juvenile / owner of the vehicle shall be fined Rs. 25,000 with 3 yrs imprisonment. For Juvenile to be tried under Juveniles Justice Act. Registration of Motor Vehicle shall be cancelled.
v. If a vehicle manufacturer fails to comply with motor vehicle standards, the penalty will be a fine of up to Rs 100 crore, or imprisonment of up to one year, or both.
vi. If a contractor fails to comply with road design standards, the penalty will be up to Rs.1 lac.
vii.  Under section 196 of the Motor Vehicle Act, 2019 driving without Insurance will be fined Rs 2000.
viii. Under the section 194 D of the act; riding without Helmets will be fined to Rs 1000 and disqualification for 3 months for license.
ix. Under section 194B of the Act; driving without seat belt will cost Rs. 1000.
x. Speeding / Racing will be fined Rs 5,000 instead of Rs 500 earlier.
xi. Under section 194 E of the Act; not providing way for emergency vehicles will cost Rs 10,000.4

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CHALLENGES FOR GOVERNMENT

The new MOTOR VEHICLE (AMENDMENT) ACT 2019 is undoubtedly very good step taken by the union government to ensure safer roads in our country. But the biggest challenge for the government is to ensure proper implementation of the act then only the purpose of this new amendment would be served. We have seen many instances in our country where people find some shortcuts to avoid all the rules and
regulations.
The government should organize proper awareness programs for people specially living the rural areas to make them understand major changes in the traffic rules and why they have made these changes. The general public should be informed all the advantages that would be come with this new amendment bill then only people would welcome this decision and they will ensure proper implementation of all the new laws.

The role of social media can be  really helpful in spreading awareness about the new laws for sure and even government can make some celebrities as their brand ambassador for spreading more information as people do follow celebrities everywhere.

We often see our traffic police men in order to get some extra bucks let people go without imposing the fine and this is most dangerous situation for the proper implementation of this law.

The government should also come with a new provision under this same act as per which if any traffic policemen caught taking any kind bribe, he should be suspended on the spot without any further inquiry the chances are higher that traffic police men might stop taking bribe instead of imposing fines.

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We as the youth of our country should take a pledge to follow all the new rules and regulations made my government for ensuring safer road in our nation.

SPEED THRILLS BUT KILLS TOO
BE MR. LATE NOT LATE MR.

Footnote:

  1. Common cause (A registered society) v. union of India AIR. 2008 S.C. 116.
  2. Earlier it was chapter 8th to the 1939 act.
  3. According to sec 2 (28) motor vehicle means any mechanically propelled vehicle.
  4. www.jagranjosh.com

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