The Motor Vehicles (Amendment) Act, 2019 came into force on 1st September, 2019 with a view to limit the 1.5 lakh annual lives that are lost in accidents and with it have rolled out the higher and more stringent penalties for Traffic Offences.
In the area of road safety, the Bill proposes to increase penalties to act as deterrent against traffic violations. Stricter provisions are being proposed in respect of offences like juvenile driving, drunken driving, driving without licence, dangerous driving, over-speeding, overloading etc. Stricter provisions for helmets have been introduced along with provisions for electronic detection of violations. Penalty regarding motor vehicles is to be increased by 10 % every year.
| Section u/1988 Act | Description | Old Penalty | New Penalty |
| 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 | Rs. 5000 | |
| 183 | Over-Speeding | Rs. 400 | Rs. 1000-2000 (Light Motor Vehicle) Rs. 2000-4000 (Medium Passenger vehicle) |
| 184 | Dangerous Driving | Rs. 1000 | Imprisonment of 6 months to 1 year and/or fine of Rs. 1000 – 5000 for first offence. Imprisonment up to 2 years and/or fine up to Rs. 10,000 for second offence. |
| 185 | Drunk Driving | Rs. 2000 | Imprisonment of up to 6 months and/or fine up to Rs. 10,000 for first offence. Imprisonment up to 2 years and/or fine up to Rs. 15,000 for second offence. |
| 189 | Racing | Rs. 500 | Imprisonment of up to 1 month and/or fine up to Rs. 500 for first offence. Imprisonment of up to 1 month and/or fine up to Rs. 10,000 for second offence. |
| 192 A | Vehicle without Permit | up to Rs. 5000 | up to Rs. 10,000 |
| 193 | Aggregators (violations of licensing conditions) | Rs. 25,000 – 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 | No Seatbelt | Rs. 100 | Rs. 1000 |
| 194 C | Overloading two-wheeler | Rs. 100 | Rs. 2000; license disqualification for 3 months |
| 194 D | No Helmet | Rs. 100 | Rs. 1000; license disqualification for 3 months |
| 194 E | Not providing way to Emergency Vehicle | Rs. 10,000 | |
| 196 | Driving without Insurance | Rs. 1000 | Rs. 1000-2000 and/or punishment up to 3 months for first offence. Rs. 4000 and/or imprisonment up to 3 months for second offence. |
| 198 | Failure to comply with standards for road design, construction and maintenance | Up to Rs. 1 lakh | |
| 199 | Offences by Juveniles | Guardian/Vehicle owner deemed guilty – Rs 25,000 with 3 years imprisonment. Vehicle registration cancelled for 12 months. Juvenile ineligible to obtain license until the age of 25 years. | |
| 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 agencies | Double of applicable penalty |
Apart from the aforementioned Penal provisions, the other Provisions as entailed by the Motor Vehicles (Amendment) Act, 2019 are as follows:
- Aadhaar card has been made mandatory for getting a driving licence and vehicle registration,
- Applicants of learner’s licence can now apply to any licencing authority in the state and submit the application online. The minimum educational qualification to drive a transport vehicle has been removed,
- Driving licence-holders can apply for renewal any time between one year before its expiry up to one year after expiry. Applying for renewal after one year from the date of expiry of driving license, will require the applicant to pass the driving test again,
- in case of hit-and-run, the compensation amount provided by the government to the victim’s family has been increased from Rs 25,000 to Rs 2 lakh,
- In case of traffic violations by juveniles, he or she will be tried under the Juvenile Justice Act, and the registration of the concerned vehicle will be cancelled, reports said. Additionally, the owner of the vehicle, or the guardian of the juvenile will be held responsible “unless they prove that the offence was committed without their knowledge or they had tried to prevent it,”
- The Act has provisions for the protection of those who come forward to help accident victims. Reportedly, they will be protected from criminal or civil liability and “it will be optional for them to disclose their identity to the police or medical staff,”
- A Motor Vehicle Fund will provide compulsory insurance cover to all road users in the country for certain type of accidents, and it to make cars suitable for differently-abled people will be mandatory,
- Contractors, consultants and civic agencies will be accountable for faulty design, construction or poor maintenance of roads leading to accidents,
- With regard to road accidents, a time limit of six months have been specified for submitting the application for compensation to the Claims Tribunal,
- The government can recall vehicles whose components or engine do not meet the required standards. Manufacturers can be fined up to Rs. 500 crore in case of sub-standard components or engine.
