All You Need to Know About the New Motor Vehicle Laws 2019

India has one of the largest road networks in the world and not surprisingly, is home to a big percentage of world road fatalities. The traffic rules in a country like this ought to be strict and extensive. To regulate road transport vehicles, the Motor Vehicles Act was passed by Parliament in 1988. Regulations for traffic, vehicle insurance, penalties, permits, registration of vehicles, etc. have been covered under the Act.

In order to make the roads safer, the Government of India (in consultation with the State Transport Ministers), introduced the Motor Vehicles (Amendment) Bill in 2017. Lok Sabha passed the said Bill in 2017 and was cleared by Rajya Sabha on July 31, 2019. The Transport Ministry issued a notification listing the new laws and rules on August 28, 2019 which subsequently came into effect from September 1, 2019.

To strengthen the comprehensive framework provided by the Motor Vehicles Act of 1988, the recent amendments demonstrate an important step towards enhancing road safety across India. The new motor vehicle laws enhancing fined and providing a stringent framework introduce substantial changes to the existing traffic regulations, with the aim of addressing prevalent challenges and improving overall traffic management. The purpose of incorporating stricter penalties is to instil a greater sense of responsibility along with deterrence among road users and promote adherence to traffic rules. Given the enforcement of these measures, it is necessary for every driver/passenger on the roads to familarise themselves with the revised traffic laws as well as become more cautious. The major changes in penalties and pertinent amendments are discussed in this article to foster a culture of compliance and accountability on Indian roads:

Enhanced Penalties

As expected, the penalties for errors in driving have been enhanced. Now, bad driving can cost an individual a much bigger dent in his/her pocket. Certain enhanced penalties have been stated below:

1. Penalty for dangerous driving (including jumping red lights, violating stop signs, driving against the authorized flow of traffic):

First-time offense - Imprisonment of six months to one year and/or fine of up to Rs. 1000-Rs.5000

Subsequent offense - Imprisonment up to 2 years and/or a fine of Rs.10,000

2. Penalty for drunken driving:

First-time offense - Imprisonment of six months and/or fine up to Rs.10,000

Subsequent offense - Imprisonment of two years and/or fine up to Rs.15,000

3. Penalty for speeding and racing:

First-time offense - Imprisonment of one month and/or fine of upto Rs.500

Subsequent offense - Rs. 1500

4. Penalty for driving an uninsured vehicle: First-time offense - Imprisonment up to 3 months and/or fine up to Rs.2000

Subsequent offense - Imprisonment up to 3 months and/or fine up to Rs.4000

5. Penalty for driving without a license/permit: Fine of Rs.5,000

6. Penalty for offenses related to accidents: First-time offense - Imprisonment up to 6 months and/or fine up to Rs.5000 Subsequent offense - Imprisonment up to 1 year and/or fine up to Rs.10,000

7. Penalty for driving when mentally or physically unfit for driving:

First-time offense - Fine up to Rs.1,000

Subsequent offense - Fine up to Rs.2,000

8. Penalty for causing obstruction in the free flow of traffic: Fine of Rs.500

9. Penalty for now wearing a helmet or a seatbelt: Fine of Rs. 1000

10. Penalty for offenses where no penalty has explicitly been stated:

First-time offense - Rs.500

Subsequent offense - Rs.1500

Comparison of Penalties under the Motor Vehicles Act Before and After the Amendment of 2019

Several new penalties have also been prescribed in the Amendment Act. These are as follows:

1. Penalty for carrying excessive passengers (i.e. more than what is authorized in the registration certificate): Fine of Rs.200 per excess passenger

2. Penalty for failure to use safety belts while driving: Fine of Rs.1,000

3. Penalty for violation of rules in seating children i.e. driving a vehicle with a child of fewer than 14 years without him/her being secured with a safety/child restraint system:Fine of Rs.1,000

4. Penalty for driving a motorcycle/ two-wheeler carrying more than one person in addition to himself: Fine of Rs.1,000 and disqualification of license for a period of three months

5. Penalty for failure to allow free passage to emergency vehicles (including fire service vehicles and ambulances): Imprisonment upto 6 months and/or a fine of Rs.10,000

6. Penalty for the needless and continuous sounding of a horn or in ‘ horn free/silent zones': First offense: Fine of Rs. 1,000 Subsequent offense: Fine of Rs. 2,000

According to the Act, the fines mentioned are to be increased by up to 10% annually.

Other important features of the new Motor Vehicles Amendment Act 2019

Renewal of driving license

Now, an individual can apply for renewing of his/her driving license any time from one year before its actual expiry and up until one year after the actual expiry. This means that if your driving license is due to expire in December 2020, you can apply for renewal from December 2019 till December 2021. If an individual applies after one year of the expiry of the license, then he/she would be required to go through the process of taking the driving license test again.

Change in residential address

Now, an individual can change the residential address or their place of business mentioned in his/her driving license online itself and one can apply for this to any registering authority within the State.

Minor children driving motor vehicles

Starting from 1st September 2019, if you give your minor kids you car/car keys, it will cost you immensely - not only monetarily, but also your license, car, and jail time. As per the new Amendment Act, if a minor child uses a motor vehicle, the registration of your vehicle could be canceled for a whole year and once that year is over, you would be required to submit fresh applications for registration of your vehicle. Two new sections - Section 199A and 199B have been inserted in the Act which state that the parent will be fined a sum of Rs. 25,000 and imprisonment up to 3 years. Not only this, even your minor child would not be allowed to get his/her driving license till the age of 25. These stricter penalties have been imposed to curb the major problem of underage driving in the country.

In 2018 alone, road deaths in India were reported to touch a whopping 1.49 Lakh. This is a huge cause of concern and can be reduced only by stricter laws and higher punishments ensuring that individuals drive more safely, along with efforts to ensure the road accident victims are given timely treatments to avoid fatalities. For this reason, the Amendment Act also states that the Government would provide for schemes for cashless treatment of road accident victims during the golden hour(time period lasting one hour after a traumatic injury during which there is the maximum likelihood of preventing death). Beyond understanding your duties as a responsible driver or passenger under the new motor vehicle laws, it is equally necessary for you to be aware of your rights when stopped by traffic officials while also understanding the powers such officials have. Knowing your rights will empower you to navigate such situations with confidence. Refer LawRato's article on Everything Related to Traffic Laws in India to know more.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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