Read Complete The Motor Vehicles (Amendment) Bill, 2007 Motor Vehicle Act 1988 Amendments

Read Complete The Motor Vehicles (Amendment) Bill, 2007 Motor Vehicle Act 1988 Amendments

The Union Cabinet today gave its approval for introduction of a Bill in Parliament by making amendment to the Motor Vehicles Act, 1988, with such modifications as considered necessary. The new amended Bill would be called namely, “The Motor Vehicles (Amendment) Bill, 2007.



The new amended Bill would remove ambiguities and difficulties in the enforcement of the provisions of the Act, improve responsiveness of transport authorities in meeting the requirements of the citizens, improve public transport and strengthen the enforcement of safety related provisions.

Highlights Punishment –

1. High Fines

2. Jail

3. For drunk driving the fine will be Rs 5000.

4. More drunk More Fine concept

5. alcohol level to be graded from Rs 500 to Rs 3000

6. if a person gets certificate from a recognised driving school, he/she won't have to go for fresh test while applying for the license.

7. If minor is caught driving, the vehicle's owner will be up for prosecution.

8. penalty for using the mobile phone while driving will be Rs 500 to Rs 5000

9. not wearing seat belt while driving will attract a penalty of Rs 500 to Rs 1500

10. Driving a vehicle without registration will lead to a fine of Rs 20,000 and/or one year in prison

11. the penalty for not wearing a helmet will be Rs 1500.

12 –
For death of non-earning persons, a fixed compensation shall be payable:—
A - Rs. 1,00,000 for children up to 5 years of age.
B - Rs. 1,50,000 for persons more than 5 years of age
C - Minimum amount payable is Rs. 1,00,000

13 –
General damages in case of death –
A - Pain and suffering Up to Rs. 5,000
B - Loss of consortium, if beneficiary is the spouse Up to Rs. 10,000(
C - Loss of estate Up to Rs. 5,000
D - Medical expenses – incurred before the death Not exceeding Rs. 50,000duly supported by bills/vouchers

14 –
General damages in case of disability in non fatal accidents:—
A - Pain and suffering – non grievous injury Up to Rs. 5,000
B - Pain and suffering – grievous injury Up to Rs. 20,000
C - Medical expenses – incurred before the death Not exceeding duly supported by bills/vouchers.Rs. 50,000".

15-
Clause 37
intends to substitute section 161 of the Act and provides definition of certain expressions, namely, 'grievous hurt', 'hit-and-run motor accident', 'scheme' and 'solatiumfund'. The solatium fund shall be established by the Central Government and used for payment of compensation for hit-and-run motor accident and the Fund shall be managed by the IRDA or any other agency specified the Central Government. Insurance Companies shall make such contribution to the Fund as may be specified by order by the Central Government, from time to time. Further, the amount of compensation is also proposed to be increased from Rs. 25,000/- to Rs. 50,000/- in case to Rs. 50,000/- in case of death of a person from hit-and-runaccident, and in case of grievous hurt, the amount of compensation is proposed to beincreased from Rs. 12,500/- to Rs. 25,000/-

16 –
Clause 49 proposes to insert a section 171A to provide for interim compensation to
the victim within three months from the date of filing of an application, which shall not exceed Rs. 1,00,000/- in case of death or permanent total disablement, and Rs. 50,000/- in case of permanent partial disablement, resulting from loss of a limb or sight of either eye or grievous hurt leading to such disablement

17 –
Clause 50 seeks to substitute section 177 of the Act relating to general provision for
punishment of offences if no penalty is provided for the offence in the Act and to enhance
the quantum of penalties for contravening any provision of the Act or any rule, regulation or notification made thereunder with the penalty of Rs. 500/- for first offence and of minimum of Rs. 1000/- for second or subsequent offence, subject to a maximum of Rs. 1500/-.

18 –
Clause 51 seeks to enhance penalties provided in section 180 of the Act relating to
"allowing unauthorized person to drive vehicles" with a minimum fine of Rs. 1000/- subject to maximum of Rs. 2000/-.

19 –
Clause 52 seeks to enhance penalties provided in section 181 of the Act pertaining
to "driving vehicles in violation of section 3 or section 4 of the Act" with a minimum fine of Rs. 500/- and maximum of Rs. 2000/-

20-
Clause 53 seeks to enhance penalties provided in sub-section (1) in section 183 of
the Act relating to "driving at excessive speed, etc.", with a minimum fine of Rs. 500/- for first offence, and of Rs. 2000/- subject to maximum of Rs. 5,000/- for subsequent offence(s). Further, it proposes to enhance penalties under sub-section (2) of section 183 of the Act causing his employee to drive at excessive speed" with a minimum fine of Rs. 500/- for first offence, and a minimum fine of Rs. 1500/- subject to maximum of Rs. 3000/- for subsequent offence(s).”

21-
Clause 54 seeks to enhance penalties provided in section 184 of the Act relating to
"driving dangerously" with a fine of Rs. 1000/- for first offence and a minimum fine of
Rs. 2000/-, subject to maximum of Rs. 5000/- for the subsequent offence(s).

22-
Clause 55 seeks to enhance penalties provided in section 185 of the Act relating to
"driving by a drunken person or a person under the influence of drugs" with a minimum fine
of Rs. 2000/- for the first offence and of Rs. 3000/- for subsequent offence(s).

23-
Clause 56 seeks to enhance penalties provided in section 186 of the Act relating to
"driving when mentally or physically unfit to drive" with a fine of Rs. 500/- for first offence, and Rs. 1000/- for second or subsequent offence.

24-
Clause 57 seeks to omit the reference of sub-section (1) (c) of section 132 occurring
in section 187 of the Act, in line with the amendments proposed in the Bill.

25-
Clause 58 proposes to insert section 187A in the Act to introduce civil liability of a
driver by providing penalty up to Rs. 5000/- if one drives a motor vehicle in rash or negligent
manner, causing injury to a person or damages to any property. The amount so realized shall be credited to the Solatium Fund established under section 161A in such manner as may be prescribed.

26-
Clause 59 seeks to substitute sub-section (1) of section 192 of the Act relating to
"using vehicle without registration" so as to enhance penalties to Rs. 4000/- with a maximum of Rs. 10,000/- for the first offence and for subsequent offence(s) to a minimum of Rs. 10,000/- and maximum of Rs. 20,000/-.

27-
Clause 60 seeks to substitute sub-section (1) in section 192A of the Act relating
to "using vehicles without permit" so as to enhance penalties to Rs. 4000/- with maximum of Rs. 10,000/- for first offence and for subsequent offence to minimum of Rs. 10,000/- and maximum of Rs. 20,000/-



Read the complete “The Motor Vehicles (Amendment) Bill, 2007.

The Motor Vehicles Amendment Bill 2007

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Thursday, March 01, 2012

Tags – Motor Vehicles Act 1988 2007 Amendment Bill