The Union Cabinet has given its approval for Motor Vehicle (Amendment) Bill 2016. The new Bill provides for hefty penalties for violation of road safety rules. The Bill makes it easier to get a learner’s driving licence and ease the provisions on vehicle permits, to help growth of public transport. The Bill also promotes automation and computerisation.
The present Motor Vehicle Act has 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.
Some of the important features of the Bill are:
Offences by juveniles – The Bill proposes that in the case of offences committed by juveniles, the guardian/owner shall be deemed guilty. The juvenile would be tried under Juvenile Justice Act. Registration of the motor vehicle will also be cancelled.
Enhancement of compensation in Hit and Run cases – The compensation payable for victims in ‘hit and run’ out of the scheme fund under Section 161 has been enhanced to Rs. 2 lakhs in case of death, and Rs. 50,000/- in case of bodily injury, from Rs.25,000/- and Rs.12,500/- respectively.
Motor Vehicle Accident Fund – The Bill seeks to introduce a Motor Vehicle Accident Fund u/s. 164B, which is to be augmented by a special tax or cess. The Fund is to be utilized for giving immediate relief to victims of motor accidents, and also hit and run cases. The compensation paid out of the fund shall be deductible from the compensation which the victim may get in future from the Tribunal.
Community Service as punishment – The Act defines “Community Service” as unpaid work which a person is required to perform as a punishment for an offence committed under this Act. For causing motor accidents, punishment in the form of ‘Community Service’ can be imposed.
Protection of Good Samaritans – The Act defines “good Samaritan” as a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transporting such victim to the hospital. The Act makes provision for protection of Good Samaritans from unnecessary trouble or harassment from civil or criminal proceedings and empowers Central Government to frame Rules for their protections.
Registration process for new vehicles – There is also a proposal to improve the registration process for new vehicles. Registration at the end of the dealer is being enabled and restrictions have been imposed on temporary registration, under the new Bill.
National Register for Driving Licence and National Register for Vehicle registration – To bring harmony of the registration and licensing process, government proposes to create National Register for Driving Licence and National Register for Vehicle registration through “Vahan” & “Sarathi” platforms. This will facilitate uniformity of the process across the country, says the government.
Multiplier – The Bill proposes that the State Government can specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine.
Increase in penalties – With an aim to enhance road safety, the bill proposes to increase penalties, that it hopes will act as deterrent against traffic violations. Stricter provisions are being proposed with respect to offences like driving without licence, over-speeding, juvenile driving, drunken driving, dangerous driving, overloading etc.
Proposed Amendments in Various Penalties under Motor Vehicle Amendment Bill – 2016
|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 licence||Rs 1000||Rs 5000|
|181||Driving without licence||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||upto Rs 5000||Upto Rs 10,000|
|193||Aggregators (violations of licencing conditions)||New||Rs 25,000 to
|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|
|194 D||Helmets||Rs 100||Rs 1000, Disqualification for 3 months for licence|
|194 E||Not providing way for 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. For 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|