Motor Vehicles Act

Last updated

Motor Vehicles Act
Parliament of India
CitationNo 59 OF 1988
Territorial extentWhole of India, including the State of Jammu and Kashmir
Enacted by Parliament of India
Enacted1988
Signed by Ramaswamy Venkataraman
Commenced1 July 1989
Amended by
  1. Motor Vehicles (Amendment) Act, 2019
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]

Contents

Purpose

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.

History and amendments

Previous Acts

Indian Motor Vehicles Act, 1914

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]

Indian Motor Vehicles (Amendment) Act, 1924

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.

Motor Vehicles Act,1988

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]

Definitions

  • Motor vehicle: Any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted from an external or internal source of power. The Motor Vehicles Act, 1988, like the earlier Act of 1939, makes the insurance of motor vehicles compulsory. The owner of every motor vehicle is bound to insure his vehicle against third party risk. The insurance company, i.e, the insurer covers risk of loss to the third party by the use of the motor vehicle.

Accident claims

There is a provision to provide ₹500,000 (US$6,000) 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

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.

Indian 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]

Indian Motor Vehicles (Amendment) Act, 2019

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]

Implementation of the Amended Law

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.

Controversies

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]

Limited provisions for non-motorized and self-propelled vehicles

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 and self-propelled 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 non-requirement of license is also applicable to electric bicycles with power up to 250 watts or lesser and maximum speed upto 25 km/h(15.5 mph). [20]

The Motor Vehicles Act, however, neither provides any rights for cyclists as well as other non-motorized vehicles and pedestrians, nor has specific rules and regulations, along with penalties for bicyclists on certain violations, although certain guidelines and recommendations exist for bicyclists to follow traffic signs, along with mandate for motor vehicles to give the right of way to bicyclists and pedestrians. Due to no specific rules and penalties, law enforcement in states and cities have made rules on their own against pedal-bicycles, some of which have earned negative reception by bicyclists and transport experts. Beginning in 2008, the Kolkata traffic police prohibited the entry of bicycles on major streets, justifying that they cause traffic congestion, due to which traffic cops citywide began imposing penalties of ₹ 100-120 and impounding bicycles for refusal to comply and pay the penalties using the Calcutta Suburban Police Act; the order was amended in 2013, 2014 and 2017 based on number of roads restricted, and temporarily suspended during the lockdown caused by COVID-19. [21] 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, small slips were issued with Kolkata Police emblem stamped for the penalties instead of an authorized Government receipt, which incensed corruption and bribery. [22] [23] [24] As a result of the ban, Public Interest Litigations were filed in the Kolkata High Court in 2014 against the traffic police department, which subsequently reduced the ban of bicycles from 174 to 62 thoroughfares following the court's intervention. [25] In August 2010, the Supreme Court overturned an order of Municipal Corporation of Delhi that curbed a number of cycle rickshaws that can ply in the New Delhi region, noting that the order was anti-poor and violated the rights of those owning and using non-motorized vehicles. [26] Between 2010 and 2012, the Mumbai Police pulled over bicyclists caught for lane violations and slapped a hefty penalty of ₹ 200; it was withdrawn later after protests and harassment of riders.

There have also been instances where traffic cops have penalized bicyclists for certain offenses, using various sections of the Motor Vehicles Act instead of State Police laws, where for some offenses, court memos or notices were issued for riders to pay and clear the dues in court. [27] Furthermore, across the country, 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, as it constitutes misconduct of police personnel - the Chandigarh Police began to effect penalties against bicyclists in 2015 following an increase in mishaps and fatalities by riders breaking the law after facing ire for deflating tires of riders. [28] Complicating the issues of penalizing riders, were some absurd rules enacted by the authorities, that earned disapproval and widespread condemnation by riders, along with lack of awareness among riders regarding the penalties for the offenses as well as no legislations passed by the Government and authorities. [29] [30] [31] In cases of serious offenses such as riding under influence, hit-and-run, street racing, or performing dangerous stunts, traffic cops have taken action under respective state police laws - while riding under influence will attract a criminal charge of public intoxication if riders are found to have higher than permissible blood alcohol level(30mg/100ml as per Motor Vehicles Act) through breathalyzer test, no provision exists for hit-and-run, although cops do try to stop bicyclists who indulge in street racing. The Kolkata traffic police began to prosecute bicyclists for drunken riding if the riders failed the breathalyzer tests starting in November 2021 under section 510 of the Indian Penal Code (later section 24 of Bharatiya Nyaya Sanhita) following increase in traffic mishaps. [32] [33] [34] To curb the menace of performing stunts, the Kolkata traffic police in 2018 began penalizing bicyclists and sought to enhance it from ₹ 100 to 1000, but it was met with resistance, as bicycles are not required to have any license as per the Act. [35]

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 no legislations are in effect to mandate helmets for riders pedaling, although recommendations exist. Barring a few cities that have bicycle tracks, these dedicated lanes have found limited success as they are mostly in short distances, often built haphazardly, found in disrepair, or occupied by motorists who drive or park on them, as well as illegal occupation by hawkers. [36] Additionally, with unofficial bans on certain roads in metropolitan regions, where there are no signages that display no bicycles allowed, traffic cops use the opportunity to pull-over bicyclists and penalize them heavily, many of who are daily wage earners, delivery agents, or minor school students, and sometimes even corporate professionals. To prevent mishaps and accidents, as well as for improving traffic flow and reducing slowdown, 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 Coastal Road; the order applied to bicyclists as well through signs or written warnings, but without any mention of penalties. While riders need not require licenses, the penalties imposed against bicyclists follow the same standards for Motor Vehicles, which are extremely steep and criticized by cyclists organizations. For riding on the prohibited roads and bridges, the penalties were set at ₹ 1200, which were not approved by the legislation, and in events of refusal to pay or noncompliance due to no penalties in the Act, cops have seized bicycles, detained bicyclists, or deflated the tires; in some cases where minors are involved, verbal warnings have been issued by police officers. [37] [38] 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. [39]

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. [40] 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. [41] While an order was passed for the reflectors in June 2016, the order was deferred by the Supreme Court several times to meet the rising demand. [42]

Rights for pedestrians

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. [43] 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. [44]

2024 protests

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. [45] [46] 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. [47] [48]

Approximately 2,000 gas stations, primarily in western and northern India, ran out of fuel during the truckers' associations' strike. [49] 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. [50] [51] On 2 January, Chandigarh imposed restrictions on the sale of petrol and diesel at fuel stations after a strike. [52] According to Union estimates, there is a $12 million revenue loss daily due to the strike. [53]

Unsafe vehicles

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. [54] 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. [55]

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References

  1. ↑ "Central Motor Vehicles Rules 1989". Ministry of Road Transport and Highways, Government of India. Archived from the original on 13 April 2012. Retrieved 4 July 2013.
  2. 1 2 "An efficient and vibrant Road Transport System". Orissa Motor Vehicles Department. Retrieved 6 October 2014.
  3. ↑ Debroy, Bibek; Kaushik, P.D. "Background Paper on Barriers to Inter-State Trade and Commerce: The Case of Road Transport". Rajiv Gandhi Institute for Contemporary Studies. Retrieved 6 October 2014.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  4. ↑ "THE MOTOR VEHICLE ACT, 1988". Helpline Law. Archived from the original on 17 September 2016.{{cite web}}: CS1 maint: unfit URL (link)
  5. ↑ Imperial Legislative Council; Governor General of India (1921). "The Acts passed by the Governor General of India in Council in the year 1920" (PDF). www.lawmin.nic.in. Calcutta: Superintendent Government Printing, India. p. 166. Archived from the original (PDF) on 3 March 2016. Retrieved 6 July 2014.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  6. ↑ Imperial Legislative Council; Governor General of India. "Titles of the Acts of the Indian Legislature and of the Governor General for the year 1924" (PDF). www.lawmin.nic.in. Calcutta: Superintendent Government Printing, India. p. 211. Archived from the original (PDF) on 4 March 2016. Retrieved 6 July 2014.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  7. ↑ "Introduction" (PDF). The Motor Vehicles Act, 1988. Ministry of Road Transport and Highways. Archived from the original (PDF) on 31 May 2019. Retrieved 4 July 2013.
  8. ↑ "Central Motor Vehicles Rules 1989". Ministry of Road Transport and Highways, Government of India. Retrieved 4 July 2013.
  9. ↑ "Government to amend MV Act for simplifying accident claims", The New Indian Express , 8 July 2016, archived from the original on 9 July 2016
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  11. ↑ Panel wants body cams on traffic cops, RTO officials Archived 2 September 2019 at the Wayback Machine , Economic Times, 23 Dec 2017.
  12. ↑ "As Road Accidents Pile up, India Debates a New National Safety Law |". 24 July 2018. Archived from the original on 15 October 2018. Retrieved 15 October 2018.
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  16. ↑ "TN asks Centre to redraft Road Transport and Safety Bill". Archived from the original on 28 October 2014. Retrieved 28 October 2014.
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  19. ↑ "The bicycle industry is happy with the increased traffic fines in India". 5 September 2019.
  20. ↑ "Do You Need a License to Drive an Electric Cycle in India?".
  21. ↑ "Cycle ban back after pandemic break, 71 Kolkata roads on cop list". The Times of India. December 2021.
  22. ↑ ""Kolkata protests blanket ban on cycling"".
  23. ↑ "In Kolkata, citizens defy police attempts to squeeze bicycles off the road". 11 February 2017.
  24. ↑ "Cycles congest roads: traffic cops".
  25. ↑ "Cycle ban in Kolkata: activists petition high court".
  26. ↑ "SC refuses to cap number of rickshaws in Delhi".
  27. ↑ "Gujarat: Man on cycle 'challaned' for dangerous driving!". The Times of India. 28 May 2021.
  28. ↑ "Chandigarh to become first city to penalise cyclists".
  29. ↑ "So Bizarre! Man Penalised by a Traffic Cop for Overspeeding on a Bicycle in Kerala!".
  30. ↑ "No Mirror on cycles, pay up fine". The Times of India. 18 July 2015.
  31. ↑ "Traffic Police Officer 'Challans' Bicycle Rider for Not Having Bill of Vehicle".
  32. ↑ "Kolkata: Breathalyzer tests keep cyclists in line". The Times of India. 26 November 2021.
  33. ↑ "39-year-old Kolkata's 1st cyclist to be booked for 'drink-riding". The Times of India. 27 November 2021.
  34. ↑ "Police lodge drink and ride cases against 12 Kolkata cyclists".
  35. ↑ "Stunt cycling on roads may incur Rs 1000 fine". The Times of India. 14 April 2018.
  36. ↑ "But where are separate lanes for a safe ride?". The Times of India. 19 November 2017.
  37. ↑ "Can you bicycle down the Eastern freeway?". 25 December 2020.
  38. ↑ "Rajiv Gandhi setu (Bandra-Worli sea link) & Bandra Fort | My India". www.mapsofindia.com. 19 March 2014. Archived from the original on 21 March 2018. Retrieved 20 March 2018.
  39. ↑ "No move to ban cycles on roads, says Gadkari". 31 March 2017.
  40. ↑ "Reflectors mandatory on bicycles from January 1, manufacturers share concern".
  41. ↑ "Reflectors on bicycles: Gap in demand and supply irks small-scale units, takes a toll on biz". 26 July 2023.
  42. ↑ "Apex court panel defers rule on bicycle reflectors". The Times of India. 23 June 2016.
  43. ↑ "Jaywalkers to be fined in special drive on pedestrian safety". The Hindu. 24 January 2022.
  44. ↑ "Bengaluru: Jaywalkers booked, but will menace stop?". 16 June 2015.
  45. ↑ "Petrol pumps run dry across northern India as truckers protest new hit and run laws". The Independent. 3 January 2024. Retrieved 5 January 2024.
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  47. ↑ "What is the new hit-and-run law that has led to pan-India protests by truckers?". Financialexpress. 2 January 2024. Retrieved 2 January 2024.
  48. ↑ "Traffic Chaos In India As Truckers Protest Harsher Hit-and-run Law - ARAB TIMES - KUWAIT NEWS". www.arabtimesonline.com. 2 January 2024. Retrieved 4 January 2024.
  49. ↑ "2,000 petrol pumps run dry in western and northern India as truck drivers protest against new hit-and-run law". Business Today. 2 January 2024. Retrieved 4 January 2024.
  50. ↑ "About 2,000 petrol pumps run dry as truckers strike against new penal code". The Times of India. 2 January 2024. ISSN   0971-8257 . Retrieved 2 January 2024.
  51. ↑ "India: Fuel running out as truckers strike — reports – DW – 01/02/2024". dw.com. Retrieved 4 January 2024.
  52. ↑ "India's Chandigarh city restricts fuel sales as transporters' protest disrupts supply". Reuters. 2 January 2024.
  53. ↑ "India Truckers Strike Threatens Food, Fuel, Goods Supplies". Bloomberg.com. 2 January 2024. Retrieved 4 January 2024.
  54. ↑ "Bharat NCAP: Here's Why It Should Be Mandatory To Every Indian Manufacturer!".
  55. ↑ "Stop selling unsafe cars to 'poor Indians': Nitin Gadkari at auto industry event".
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