Introduction
The Motor Vehicle Act in the constitution deals with the road transport of vehicles, granting permits, granting licenses, and many more related to transport. With the powers present in Article 368[1] and exercising it, the old act “The Motor Vehicle Act, 1988” was amended and many major changes were brought. The Motor Vehicle Act, 2019[2] handles all the rules and regulations, fines and penalties, permits, standards, interim relief, compensations, and licenses (grants and renewal)[3] to India’s road transport and safety. handles all the rules and regulations, fines and penalties, permits, standards, interim relief, compensations, licenses (grants and renewal) related to India’s road transport and safety.
Motor Vehicle Act, 2019
With modernization and the fast-moving breaking, the law on roads is becoming very common like breaking red lights and seating more people than the specified seating capacity. With this view, the Motor Vehicle Act, of 2019 brought important changes like increasing the fine amount or increasing the penalties amount and time. Example: If a person is driving in a dangerous form (rash driving) then they may be facing a penalty of Rs.5000 and/or imprisonment of six months.[4] Anyone found driving any class of vehicle without proper authorization can face a fine of up to Rs.5000.[5]very common like breaking red lights, sitting of more person than the specified seating capacity given. With this view the Motor Vehicle Act, 2019 brought important changes like increasing the fine amount or increasing the penalties amount and time. Example: If a person is driving in a dangerous form (rash driving) then they may be facing a penalty of Rs.5000 and/or imprisonment of six months.[6] Anyone found driving any class of vehicle without proper authorization can face a fine up to Rs.5000.[7]
The Act allows the authorities to issue Driving License and Learner’s License to people by following a procedure.[8] It also gives the authorities the power to issue permits for interstate travel for both commercial and private vehicles.[9]
Features of the Motor Vehicle Act, 2019
Road Safety
The act wants to ensure that roads are safe for all the people traveling so it has brought some serious and big changes where the fines and penalties have been increased and in serious cases like hit and run it has imprisonment also with increased serving time. It pointed out that while road accidents decreased by 8.1% compared to 2019 and injuries went down by 14.8%, fatalities rose by [10]
Compensation for victims
The amount of compensation for victims has been revised and the minimum amount has also been increased. According to the Act, the compensation in case of death increased from Rs. 25,000/- to 2 lakhs, and in case of grievous injury from Rs. 12,500/- to Rs. 50,000/[11] It also has cashless treatment which will be a scheme of the Government of India (GOI) and interim relief will also be provided to the victims. It is aimed to decrease the death rate in accidents and give immediate healthcare treatment where the Government will bear the amount for the golden hours. The term ‘golden hour’ is the period when the person has maximum chances of surviving if medical attention and treatment are provided to them.[12] will bear the amount for the golden hours. The term ‘golden hour’ is the time period where the person has maximum chances of surviving if medical attention and treatment is provided to them.[13]
Accident Fund
The MV Act, 2019 also directs the central government to manage an accident Fund’ which will be used to provide compulsory insurance coverage to all road users (including pedestrians and passengers in vehicles) which will cover all the treatment costs and compensation will also be provided from this fund only.[14][15]
Protection of Good Samaritan
This is one of the most important parts of the act, it protects the ‘Samaritan’ (the person who stands out from the crowd to help the victim medically or non-medically of a road accident immediately after the accident takes place)[16] from any kind of harassment. It ensures them to protect them from any kind of harm or suits of proceedings against them even if they cause the death of the victim due to negligence. It aims to encourage people to help the victims and help them without them fearing anything against them.[17] anything against them.[18]
Road and environmental health
To increase the road safety of passengers the act also allows the Central Government to recall any vehicle if it finds any manufacturing defects in it and if the vehicle is not fit for the road or the environment then the manufacturer will be given the choice to reimburse or replace the defective vehicle with the similar [19][20]
National Transportation Policy
The National Transportation policy is given in the act, and it is headed by the Government of India (GOI) it also consults the State governments and regional transport departments. Its main objective and work are to plan the framework like the roads and highways, grand permits and it also specifies priorities.[21] permits and it also specify priorities.[22]
National Road Safety Board
It is one of the key features of the act which allows the setup of the National Road Safety Board through a notification from the Central government which is under the Central Government and with the advice of all the state governments its main work is related to traffic management and road safety.[23]notificaton from the Central government which is under the Central Governament and with the advises of the all the state government its main work is related to traffic management and road safety.[24]
Taxi Aggregator
With the advancement of technology, new applications provide ride service to the public through phone calls or Apps. “Taxi Aggregators” are defined as intermediaries using a digital platform for connecting drivers to passengers[25][26] comply with all rules and regulations in the IT Act 2000[27]comply with all rules and regulation with the IT Act 2000[28]
National Register for Driving License and Registration Certificate
The acts allow the competent authority to issue a learner’s license (LL), driving license (DL), and registration certificate (RC).[29] Platforms like ‘Sarathi’ and ‘Vahan’ are used for the same purpose. It will ensure a uniform system of registration of licenses and registration certificates[30]oughout the country. It will also avoid making fake LL, DL, and RC.making fake LL, DL and RC.
Online Driving licenses
The act allows the issue of an online Learner’s License (LL) through online verification. This makes the process of obtaining a driving license faster and limits the issue of fake [31] In addition to increasing transparency, this Act also provides commercial licenses to be valid for up to five years instead of three years. There would now be driver training schools to produce better drivers on the roads. [32]
Conclusion
With the amendment of the Motor[33] a lot has changed in the act for the betterment of society. The act also tries to reduce the dependency of the public on private vehicles and support the use of public transport like buses, metro, and carpooling. The National transport policy will play a very important role in developing the roads and highways and improving the connectivity of the country. It will also provide incentives to the state transport department to improve infrastructure and maintain the state highways. The act also adapts modern management policies, for example, electronic vehicles (EV) which can reduce pollution and improve the environment. It also has zero tolerance towards the people who do not follow the rules and regulations given in the act and will impose heavy penalties and fines on them. In the end, the amendment allowed new modern problems and it also increased the incentives and compensation with the modern time.
provide incentives to the state transport department to improve infrastructure and maintain the state highways. The act also adapts the modern management policies, for example electronic vehicles (EV) which can reduce pollution and improve the environment. It also has zero tolerance towards the people who do not follow the rules and regulation given in the act and will impose heavy penalties and fines on them. At the end the amendment allowed new modern problems and it also increased the incentives and compensation with the modern time.
Author(s) Name: Zuhayr Murtaza (SRM University, Chennai)
References:
[1]Constitution of India 1949, art368
[2] Constitution of India 1949, THE MOTOR VEHICLES (AMENDMENT) ACT, 2019
[4] Motor Vehicle (Amendment) Act 2019, s 184
[5] Motor Vehicle (Amendment) Act 2019, s 181
[8] Motor Vehicle (Amendment) Act 2019, s 9
[9] Motor Vehicle (Amendment) Act 2019, s 66
[10] Arvind Gunasekar, ‘Strict Punishment For Hit-And-Run Cases? What New Bill Says’(NDTV,12 August 2023) < https://www.ndtv.com/india-news/new-criminal-laws-dowry-death-new-bill-proposes-10-year-jail-for-hit-and-run-7-for-rash-driving-deaths-4292099> accessed 6 September 2023
[11] FCS Deepak Pratap Singh, ‘Salient features of Motor Vehicle Amendment Act, 2019’ (CAclubindia, 05 January 2023) < https://www.caclubindia.com/articles/motor-vehicle-amendment-act-2019-48178.asp#:~:text=Compensation%20for%20road%20accident%20victims&text=According%20to%20the%20Act%2C%20the,50%2C000%2F%2D.> acceessed 06 September 2023
[12] Arvind Gunasekar, ‘Strict Punishment For Hit-And-Run Cases? What New Bill Says’(NDTV,12 August 2023) < https://www.ndtv.com/india-news/new-criminal-laws-dowry-death-new-bill-proposes-10-year-jail-for-hit-and-run-7-for-rash-driving-deaths-4292099> accessed 6 September 2023
[14] Arvind Gunasekar, ‘Strict Punishment For Hit-And-Run Cases? What New Bill Says’(NDTV,12 August 2023) < https://www.ndtv.com/india-news/new-criminal-laws-dowry-death-new-bill-proposes-10-year-jail-for-hit-and-run-7-for-rash-driving-deaths-4292099> accessed 6 September 2023
[16] Tarannum Vashisht, ‘An overview of Motor Vehicles (Amendment) Act, 2019’ (Pleaders by LawSikho,27 August 2020) < https://blog.ipleaders.in/overview-motor-vehicles-amendment-act-2019/> accessed 09 October 2023
[17] Tarannum Vashisht, ‘An overview of Motor Vehicles (Amendment) Act, 2019’ (Pleaders by LawSikho,27 August 2020) < https://blog.ipleaders.in/overview-motor-vehicles-amendment-act-2019/> accessed 06 September 2023
[20] FCS Deepak Pratap Singh, ‘Salient features of Motor Vehicle Amendment Act, 2019’ (CAclubindia, 05 January 2023) < https://www.caclubindia.com/articles/motor-vehicle-amendment-act-2019-48178.asp#:~:text=Compensation%20for%20road%20accident%20victims&text=According%20to%20the%20Act%2C%20the,50%2C000%2F%2D.> accessed 06 September 2023
[21] FCS Deepak Pratap Singh, ‘Salient features of Motor Vehicle Amendment Act, 2019’ (CAclubindia, 05 January 2023) < https://www.caclubindia.com/articles/motor-vehicle-amendment-act-2019-48178.asp#:~:text=Compensation%20for%20road%20accident%20victims&text=According%20to%20the%20Act%2C%20the,50%2C000%2F%2D.> accessed 06 September 2023
[23] FCS Deepak Pratap Singh, ‘Salient features of Motor Vehicle Amendment Act, 2019’ (CAclubindia, 05 January 2023) < https://www.caclubindia.com/articles/motor-vehicle-amendment-act-2019-48178.asp#:~:text=Compensation%20for%20road%20accident%20victims&text=According%20to%20the%20Act%2C%20the,50%2C000%2F%2D.> accessed 06 September 2023
[25] FCS Deepak Pratap Singh, ‘Salient features of Motor Vehicle Amendment Act, 2019’ (CAclubindia, 05 January 2023) < https://www.caclubindia.com/articles/motor-vehicle-amendment-act-2019-48178.asp#:~:text=Compensation%20for%20road%20accident%20victims&text=According%20to%20the%20Act%2C%20the,50%2C000%2F%2D.> accessed 06 September 2023
[27] THE INFORMATION TECHNOLOGY ACT, 2000 (No. 21 OF 2000)
[29] Motor Vehicle (Amendment) Act 2019, s 9, s 17(ii)
[31] Motor Vehicle (Amendment) Act 2019, s 4 (i)(ii)(iii)(iv)
[32] Tarannum Vashisht, ‘An overview of Motor Vehicles (Amendment) Act, 2019’ (Pleaders by LawSikho,27 August 2020) < https://blog.ipleaders.in/overview-motor-vehicles-amendment-act-2019/> accessed 06 September 2023
[33] Motor Vehicle (Amendment) Act 1988, s 2(1), 2(1A), 2(1B), 2(4A), 2(9A), 2(12A), 2(18), 2(24), 2(26), 2(38A), 2(42A), 2(29)
