In Depth Motor Vehicle Bill 2016 Follow Rules or Pay Heavy Fines
In Depth Motor Vehicle Bill 2016 Follow Rules or Pay
Heavy Fines
The Bill was presented in the Lok Sabha on April 7. As a
signatory to the Brasilia Declaration, India has to reduce road accidents and
traffic fatalities by 50 percent by 2020.
The Lok Sabha passed the Motor Vehicle (Amendment) Bill,
2016 on April 10, 2017
The Bill amends the Motor Vehicles Act, 1988
The bill will now go to the Rajya Sabha that is Upper
House.
The proposed Bill with amendments is now in Upper House and
once it gets the nod from the upper house, it shall reach the Hon’ble President
for approval.
In the present Motor Vehicle Act, there are 223 Sections
out of which the Bill aims to amend 68 sections whereas Chapters 10 has been
deleted and a Chapter 11 is being replaced with new provisions to simplify
third party insurance claims and settlement process.
The Bill proposes to maintain a National Register for
Driving License and Vehicle Registration so that the process for obtaining
these is the same nationwide. “Sarathi” and “Vahan” platforms will ensure
uniformity of the process. So, the process of getting a Driving License from a
rural authority will be the same as getting one from any metro city.
Improving delivery of services to the stakeholders using
e-Governance is one of the major focuses of this Bill. This includes enabling online learning licenses,
increasing validity period for driving licenses, doing away with the
requirements of educational qualifications for transport licenses are some of
the features.
Under the Act, the liability of the third-party insurer
for motor vehicle accidents is unlimited.
The Bill caps the maximum liability for third party insurance in case of
a motor accident at Rs 10 lakh in case of death and at five lakh rupees in case
of grievous injury.
The Bill provides for a Motor Vehicle Accident Fund which
would provide compulsory insurance cover to all road users in India for certain
types of accidents.
The Bill caps the maximum liability for third party
insurance, but does not cap the compensation amount that courts can award. In cases where courts award compensation
higher than the maximum liability amount, it is unclear who will pay the
remaining amount.
Under the Act, compensation for hit-and-run victims comes
from a Solatium Fund. The Bill creates a
new Motor Vehicle Accident Fund in addition. With a Fund already existing to
provide compensation for hit-and-run accidents, the purpose of the new Accident
Fund is unclear.
If a vehicle is registered in the parent’s name and a
minor causes a fatal accident while driving it, the parent could go to jail for
a maximum term of three years.
The Bill raises the penalties for various offences and
proposes that the State Government can specify a multiplier, not less than one
and not greater than ten, to be applied to each fine. So, the fine amount will
vary from state to state. The Bill proposes fine for oversized vehicles, cab
aggregators, not providing the way for emergency vehicles and offences for
juveniles.
Only Problem with this act is Helmet, the law should make
it mandatory for two-wheeler manufacturing companies to give 2 helmets free to
the buyer, after that when he will be in city he will decide on his own to use
Helmet or Not on roads
Wearing Helmet on the Roads which are faulty and filled
with Path Holes is injurious to health.
But once a helmet will be in hands of driver he will
slowly start to use it whenever he will find the road is very good and he can
drive his two-wheeler like a movie star wearing a helment.
Third Class Road = No Helmet
Airport Quality Road = Yes Helmet
Below is the Revised Penalty Chart -
Section
|
Old Provision / Penalty
|
New Proposed Provision / Minimum Penalties
|
|
177
|
General
|
Rs 100
|
Rs 500
|
New 177A
|
Rules of road regulation violation
|
Rs 100
|
Rs 500
|
178
|
Travel without ticket
|
RS 200
|
Rs 500
|
179
|
Disobedience of orders of authorities
|
Rs 500
|
Rs 2000
|
180
|
Unauthorized use of vehicles without license
|
Rs 1000
|
Rs 5000
|
181
|
Driving without license
|
Rs 500
|
Rs 5000
|
182
|
Driving despite disqualification
|
Rs 500
|
Rs 10,000
|
182 B
|
Oversize vehicles
|
New
|
Rs 5000
|
183
|
Over speeding
|
Rs 400
|
Rs 1000 for LMV
Rs 2000 for Medium passenger vehicle
|
184
|
Dangerous driving penalty
|
Rs 1000
|
Upto Rs 5000
|
185
|
Drunken driving
|
Rs 2000
|
Rs 10,000
|
189
|
Speeding / Racing
|
Rs 500
|
Rs 5,000
|
192 A
|
Vehicle without permit
|
up to Rs 5000
|
Upto Rs 10,000
|
193
|
Aggregators (violation of licensing conditions)
|
New
|
Rs 25,000 to
Rs 1,00,000
|
194
|
Overloading
|
Rs 2000 and
Rs 1000 per extra tonne
|
Rs 20,000 and
Rs 2000 per extra tonne
|
194 A
|
Overloading of passengers
|
Rs 1000 per extra passenger
|
|
194 B
|
Seat belt
|
Rs 100
|
Rs 1000
|
194 C
|
Overloading of two wheelers
|
Rs 100
|
Rs 2000, Disqualification for 3 months for licence (3
months disqualification for licence)
|
194 D
|
Helmets
|
Rs 100
|
Rs 1000 Disqualification for 3 months for licence (3
months disqualification for licence)
|
194 E
|
Not providing way for emergency vehicles (Not giving
way to emergency vehicles)
|
New
|
Rs 10,000
|
196
|
Driving Without Insurance
|
RS 1000
|
Rs 2000
|
199
|
Offences by Juveniles
|
New
|
Guardian / owner shall be deemed to be guilty. Rs
25,000 with 3 yrs. imprisonment. Juvenile to be tried under JJ Act.
Registration of Motor Vehicle to be cancelled
|
206
|
Power of Officers to impound documents
|
Suspension of driving licenses u/s 183, 184, 185, 189,
190, 194C, 194D, 194E
|
|
210 B
|
Offences committed by enforcing authorities
|
Twice the penalty under the relevant section
|
Reality views by sm –
Thursday, April 13, 2017
Tags – Motor Vehicle Act 2016 Heavy Fine Punishments
