This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these template messages)
|
Motor Vehicles Act | |
---|---|
Parliament of India | |
Citation | No 59 OF 1988 |
Territorial extent | Whole of India, including the State of Jammu and Kashmir |
Enacted by | Parliament of India |
Enacted | 1988 |
Signed by | Ramaswamy Venkataraman |
Commenced | 1 July 1989 |
Amended by | |
| |
Related legislation | |
Motor Vehicles Act, 1914 | |
Status: In force |
The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989. [1]
The main reasons behind drafting and enacting this legislation include the rapidly increasing number of vehicles in the country and the need for encouraging adoption of higher technology in the automotive sector. There also existed a need for effectively tracking down traffic offenders and providing more deterrent punishment for certain offences. There was also a growing concern for the framing of standards around vehicle components and road safety, as well as measures for pollution control. Additionally, there was a necessity for improved regulation around the registration of drivers, with there being a need for stricter protocol around granting driving licences. The system of vehicular registration also merited change, with an updated system being brought in place for registration marks, as well as for the maintenance of State registers for driving licenses and vehicle registration. The Act was also brought in to liberalise the grant of permits for vehicles carrying goods, as well as to rationalise definitions for types of vehicles.
The "Indian Motor Vehicles Act, 1914" was a central legislation passed and applicable in British India. Some princely states followed suit, with local modifications. [2] Motor vehicles were first introduced in India towards the end of the 19th century, and the 1914 Act was the first legislation to regulate their use. [3] It had 18 sections, and gave local governments the responsibility of registering and licensing vehicles and motorists, and enforcing regulations. [2]
The "Indian Motor Vehicles Act, 1914" [4] was amended by the "Indian Motor Vehicles (Amendment) Act, 1920" (Act No. XXVII of 1920) passed by the Imperial Legislative Council. It received assent from the Governor General of India on 2 September 1920. The Act amended sections 11 and 18 of the 1914 Act. [5]
The Act was amended again by the "Indian Motor Vehicles (Amendment) Act, 1924" (Act No. XV of 1924). The Act received assent from the Governor General on 18 September 1924. It had the title, "An Act further to amend the Indian Motor Vehicles Act, 1914, for certain purposes" and amended section 11 of the 1914 Act by inserting the words "and the duration for which" after the words "area in which" in clause (a) of subsection (2) of section 11. [6]
It was replaced by the Motor Vehicles Act, 1939, which came into force in 1940. The motor vehicles act has again been replaced in 1988. The 1988 amendment was brought to address above mentioned statements of object and reasons.
The Motor Vehicles Act, 1988 came into force from 1 July 1989. It replaced Motor Vehicles Act, 1939 which earlier replaced the first such enactment Motor Vehicles Act, 1914. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. [7] For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989. [8]
There is a provision to provide ₹500,000 (US$6,300) with no upper limit, as interim relief to the family of a victim of fatal accidents. The cases of road accident compensation claims are decided in the Motor Accident Claims Tribunal. [9]
The Road Transport and Safety Bill, 2014 envisioned providing a framework for safer, faster, cost-effective and inclusive movement of passengers and freight in India, thus enabling the mission of 'Make In India' following the death of the union minister Gopinath Munde in 2014.
The bill proposed to set up the Motor Vehicle Regulation & Road Safety Authority of India, an independent agency for vehicle regulation and road safety which would be legally empowered and accountable to Parliament. [10]
Later due to controversies listed down in the controversies section, The bill was subsequently replaced by the Motor Vehicles (Amendment) Bill, 2017.
A significant upgrade to the motor vehicle laws, it envisaged body cams on traffic cops and RTO officials to check corruption, 7-year imprisonment instead of current 2 years for drink-driving deaths, mandatory 3rd party insurance for all vehicles, and stiffer penalties for traffic violations to reduce the accident rates. [11] The bill was passed by the Lok Sabha in April 2017 and sent to the Rajya Sabha, which referred it to a select committee in August 2017. [12] The bill was again scrutinized by a joint standing committee composed of Transport ministers of 18 states of India.
Due to frequent disruptions in Rajya Sabha and lack of support from Indian National Congress, the bill failed to turn into act and lapsed after the conclusion of interim budget session and on the account of general elections. [13]
This is similar to the Indian Motor Vehicles (Amendment) bill, 2017, although, introduced later in 2019 so the name. The earlier bill has lapsed at the end of the last session of 16th Lok Sabha. The bill was re-introduced in the first session of 17th Lok Sabha by union transport minister Nitin Gadkari which is then passed by both the houses before the end of the session. It came in to force on 1 September 2019, providing higher penalties for traffic offences. [14]
As per the official notification issued by the central government on 28 August 2019, the 63 clauses of the Motor Vehicles (Amendment) Act, 2019 to be implemented from 1 September 2019 as these clauses do not need any further modifications in the Central Motor Vehicles rules, 1989. These include higher penalties for various traffic offences, national transportation policy among others.
Tamil Nadu Government opposed the Road Transport and Safety Bill and asked centre to redraft it as bill encroaches upon the financial, legislative and administrative powers of state governments. [15] [16] A nationwide strike was called by various transport unions on 30 April 2015 to protest against the bill. [17]
West Bengal's transport ministry informed the state assembly on 27 August 2019 that the amended Motor Vehicles act will not be implemented in West Bengal since the state government is against the hefty fines proposed in the act. [18]
The Motor Vehicles Act, 2019 implemented harsher penalties on motor vehicles for traffic violations. This led to an increase in sale and use of non-motorized forms of transport, such as bicycles, especially for short commutes. [19] As per the Motor Vehicles Act, bicycles do not require licenses to ride.
The Motor Vehicles Act, however, does not have specific rules and regulations, as well as penalties for bicyclists on certain violations, even though certain guidelines and recommendations exist for bicyclists to follow traffic signs. Due to no penalties, law enforcement in states and cities have made rules on their own, some of which have earned negative reception by bicyclists and transport experts - in 2008, the Kolkata traffic police banned bicycles on major streets, justifying that they cause traffic congestion, due to which traffic cops citywide began penalizing riders or impounding bicycles for refusal to comply; the order was temporarily suspended during the lockdown caused by COVID-19. [20] Protests took place against such bans, as neither bicycles have caused traffic congestion by traffic experts, nor the ban was approved by the State Government; furthermore, the small slips were issued with Kolkata Police emblem stamped for the fines instead of an authorized Government receipt, which incensed corruption and bribery. [21] [22]
There have also been instances where traffic cops have fined bicyclists for certain offenses, citing the Motor Vehicles Act laws instead of State Police laws. [23] Furthermore, with no rulebooks or official notifications on violations committed by bicyclists like jumping red lights, abrupt lane changes, haphazard parking, or riding on banned roads within metropolitan and suburban regions, traffic cops have either seized bicycles or deflated tires for deterrence, as well as detained bicyclists, which have attracted criticism and ire of riders. [24] Complicating the issues of penalizing riders, were some absurd rules enacted by the authorities, that earned disapproval and widespread condemnation by riders. [25] [26] For serious and extreme offenses such as riding under influence, hit-and-run or performing dangerous stunts, traffic cops have taken action under respective state police laws - the riding under influence will attract a charge for public intoxication, though no provision exists for hit-and-run. [27] [28] [29] To curb the menace of performing stunts, the Kolkata traffic police in 2018 began penalizing bicyclists and sought to enhance it from Rs. 100 to 1000, but it was met with resistance, as bicycles are not required to have any license. [30]
Due to lack of sufficient infrastructure such as dedicated bicycle tracks or lanes, bicyclists are often at high risk when compared to motorized vehicles, and that there are no legislations to mandate helmets for riders pedaling. Baring a few cities that have bicycle tracks, these dedicated lanes have found limited success because they are mostly in short distances, often built haphazardly, found in disrepair, or occupied by motorists who ride on them. [31] Furthermore, with unofficial bans on certain roads, where there are no signages that display no bicycles allowed, traffic cops pull-over bicyclists and penalize them heavily, many of who are daily wage earners, delivery agents, or school-going children, and sometimes even corporate professionals. The Mumbai traffic police enacted ban on two and three wheelers on the Bandra-Worli Sea Link, the Trans Harbour Link, Eastern Freeway, the BKC-Chunabhatti flyover, and the under construction Coastal Road, but the ban does not explicitly mention bicycles as there are no written warnings or signages. Due to that, unaware bicyclists caught riding on these roads have been penalized Rs. 1200 under Bombay Police Act 1951, or bicycles have been impounded in events of refusal to pay or noncompliance. [32] However, an official ban on bicycles has been enacted on expressways nationwide, due to high-speed limits and access control, while riders are allowed to enter on National Highways and main roads of metro cities. [33]
Due to rising incidents of bicycle fatalities, especially during night time with insufficient lighting on streets, the Supreme Court of India passed an order in December 2022 mandating certified reflectors on bicycles, following which riders and bicycle manufacturers will be subjected to severe penalties. [34] However, several bicycle manufacturers expressed concerns, as the demand and supply for the reflectors was have been high and only few units could make such reflectors. [35] While an order was passed for the reflectors in June 2016, the order was deferred by the Supreme Court several times to meet cater the demand. [36]
The Motor Vehicles Act does not provide any rights for safety of pedestrians. As pedestrians have been a significant cause of road crashes, they are still considered as driver error, while pedestrians are rarely found accountable for such crashes. With the absence of jaywalking as an offense in the Motor Vehicles Act, some state police forces have made laws penalizing pedestrians who indulge in jaywalking. [37] However, this action has earned negative reception, mostly due to lack of pedestrian crossings, like subways, overpasses, or at-grade crossings, considering that most pedestrian crossings are only located at traffic lights. [38]
In January 2024, protests were organized against new law dealing with the hit-and-run cases in Bharatiya Nyaya Sanhita, which will replace the Indian Penal Code (IPC). It has a provision under Section 106 (2), that attracts punishment of up to 10 years for drivers and a fine of ₹7 lakh who cause a serious road accident by negligent driving and run away without informing the police or any official from the administration. [39] [40] Large-scale traffic congestion on roads caused by the protests caused inconvenience for citizens in many states, including Punjab, Uttar Pradesh, Maharashtra, Madhya Pradesh and West Bengal. In many locations, there were lengthy lines at gas stations as residents hurried to fill up their cars in anticipation of a possible gasoline shortage brought on by the protest. [41] [42]
Approximately 2,000 gas stations, primarily in western and northern India, ran out of fuel during the truckers' associations' strike. [43] In advance of the truckers' strike, state-owned oil companies topped off tanks at the majority of gas stations nationwide; nonetheless, excessive traffic caused several gas stations in Rajasthan, Madhya Pradesh, Maharashtra, and Punjab to run out of stock, according to industry authorities. [44] [45] On 2 January, Chandigarh imposed restrictions on the sale of petrol and diesel at fuel stations after a strike. [46] According to Union estimates, there is a $12 million revenue loss daily due to the strike. [47]
The Motor Vehicles Act does not have any regulations on the sales of any vehicles which have been rated as unsafe in crash tests, despite the legislation mandating some bare minimum safety features such as ABS and Airbags. While the implementation of crash testing under Bharat NCAP helps customers know safety ratings, the crash testing has not been made mandatory. [48] This allows manufacturers to sell cars that have been rated unsafe to customers nationwide, which have been rated poorly in crash tests despite safety features. [49]
Transport in India consists of transport by land, water and air. Road transport is the primary mode of transport for most Indian citizens, and India's road transport systems are among the most heavily used in the world.
John Forester was an English-American industrial engineer, specializing in bicycle transportation engineering. A cycling activist, he was known as "the father of vehicular cycling", for creating the Effective Cycling program of bicycle training along with its associated book of the same title, and for coining the phrase "the vehicular cycling principle" – "Cyclists fare best when they act and are treated as drivers of vehicles". His published works also included Bicycle Transportation: A Handbook for Cycling Transportation Engineers.
Dooring is the act of opening a motor vehicle door into the path of another road user. Dooring can happen when a driver has parked or stopped to exit their vehicle, or when passengers egress from cars, taxis and rideshares into the path of a cyclist in an adjacent travel lane. The width of the door zone in which this can happen varies, depending upon the model of car one is passing. The zone can be almost zero for a vehicle with sliding or gull-wing doors or much larger for a truck. In many cities across the globe, doorings are among the most common and injurious bike-vehicle incidents. Any passing vehicle may also strike and damage a negligently opened or left open door, or injure or kill the exiting motorist or passenger.
A hoon is an Australian and New Zealander term describing a person who deliberately drives a vehicle in a reckless or dangerous manner, generally in order to provoke a reaction from onlookers.
The Kolkata Police is the police department of the city of Kolkata, West Bengal. It is one of the six presidency police forces of the Indian state of West Bengal. Kolkata Police has the task of policing the metropolitan area of Kolkata, India. The force's motto is "Bhavatā Saha – Sarvadā". Established in 1856, it is the oldest police commissionerate in the country.
Bicycle safety is the use of road traffic safety practices to reduce risk associated with cycling. Risk can be defined as the number of incidents occurring for a given amount of cycling. Some of this subject matter is hotly debated: for example, which types of cycling environment or cycling infrastructure is safest for cyclists. The merits of obeying the traffic laws and using bicycle lighting at night are less controversial. Wearing a bicycle helmet may reduce the chance of head injury in the event of a crash.
A safety reflector is a retroreflector intended for pedestrians, runners, motorized and non-motorized vehicles. A safety reflector is similar to reflective stripes that can be found on safety vests and clothing worn by road workers and rescue workers. They are sometimes erroneously called luminous badges or luminous tags, but this is incorrect as they do not themselves produce light, but only reflect it.
Many countries have enacted electric vehicle laws to regulate the use of electric bicycles, also termed e-bikes. Some jurisdictions have regulations governing safety requirements and standards of manufacture. The members of the European Union and other regions have wider-ranging legislation covering use and safety.
The Regional Transport Office or District Transport Office or Regional Transport Authority (RTO/DTO/RTA) is an office administered by the State Governments constituted under Section 213 (1) of the Motor Vehicles Act, 1988 of India and is responsible for implementing the various provisions of this Act. It operates under the Transport Department of the State Government. It is responsible for maintaining a database of drivers and a database of vehicles for various states of India.
Lane splitting is riding a bicycle or motorcycle between lanes or rows of slow moving or stopped traffic moving in the same direction. It is sometimes called whitelining, or stripe-riding. This allows riders to save time, bypassing traffic congestion, and may also be safer than stopping behind stationary vehicles.
Bicycle law in the United States is the law of the United States that regulates the use of bicycles. Although bicycle law is a relatively new specialty within the law, first appearing in the late 1980s, its roots date back to the 1880s and 1890s, when cyclists were using the courts to assert a legal right to use the roads. In 1895, George B. Clementson, an American attorney, wrote The Road Rights and Liabilities of Wheelmen, the first book on bicycle law, in which he discussed the seminal cases of the 1880s and 1890s, which were financed by Albert Pope of Columbia Bicycles, and through which cyclists gained the right to the road.
In India, a driving licence is an official document that authorises its holder to operate various types of motor vehicles on highways and some other roads to which the public has access. In various Indian states, they are administered by the Regional Transport Authorities/Offices (RTA/RTO). A driving licence is required in India by any person driving a vehicle on any highway or other road defined in the Motor Vehicles Act, 1988. This act sets limits on the minimum age for vehicle operation ranging from 16 to 20, depending on specific circumstances. A modern photo of the driving licence can also serve many of the purposes of an identity card in non-driving contexts, such as proof of identity or age.
The laws of driving under the influence vary between countries. One difference is the acceptable limit of blood alcohol content before a person is charged with a crime. Thresholds range from the limit of detection (zero-tolerance) to 0.08%. Some countries have no limits or laws on blood alcohol content.
Speed limits in the Philippines are specified in Republic Act No. 4136, or the Land Transportation and Traffic Code of the Philippines, which took effect on its approval on June 20, 1964. The act covers a number of areas other areas than speed limits, and was amended regarding some of those areas by Republic Act No. 10930, which was approved on August 2, 2017.
In traffic laws, a hit and run or a hit-and-run is the criminal act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions.
SaveLIFE Foundation (SLF) is an independent, non-profit, non-governmental organization focused on improving road safety and emergency medical care across India. SLF combines evidence-based research with policy advocacy, communication, and on-ground execution of projects in the two areas of crash prevention as well as post-crash response. Over the past few years, SLF has facilitated the enactment of the Good Samaritan Law in India, which insulates lay rescuers of injured victims from ensuing legal and procedural hassles. It has also adopted the Mumbai Pune Expressway to transform it into a Zero Fatality Corridor, trained several thousand Police personnel and citizens in basic life-saving techniques, and built technology platforms to assist road users and those interested in road safety.
Electric rickshaws are small 3-wheeled vehicles powered by a battery-powered electric motor ranging from 650 to 1,400 watts. These small electric vehicles have lower fuel costs than auto rickshaws and greater mobility than pulled rickshaws leading to their popularity and widening acceptance in some cities since 2008. Electric rickshaws are mostly manufactured in India, Bangladesh, Nepal, and China.
Rolling coal is the practice of modifying a diesel engine to emit large amounts of black or grey sooty exhaust fumes—diesel fuel that has not undergone complete combustion.
A personal transporter is any of a class of compact, mostly recent, motorised micromobility vehicle for transporting an individual at speeds that do not normally exceed 25 km/h (16 mph). They include electric skateboards, kick scooters, self-balancing unicycles and Segways, as well as gasoline-fueled motorised scooters or skateboards, typically using two-stroke engines of less than 49 cc (3.0 cu in) displacement. Many newer versions use recent advances in vehicle battery and motor-control technologies. They are growing in popularity, and legislators are in the process of determining how these devices should be classified, regulated and accommodated during a period of rapid innovation.
Traffic law in the Philippines consists of multiple laws that govern the regulation and management of road transportation and the conduct of road users within the country.
{{cite web}}
: CS1 maint: unfit URL (link)