Safety of Pedestrians and Non
Safety of Pedestrians and Non
Safety of Pedestrians and Non
Teaching Assignment:
(MLLAW1001EO2)
1|Page
INDEX
1. Introduction 3-4
4. Conclusion 22
2|Page
Introduction
Motor Vehicles (Amendment) Act 2019 is being implemented in the country since
September 1, 2019. This new act has increased fine for many offence to check the road
accidents and improve the road safety in the country. Now driving without driving licence
will be fined Rs 5000 instead of Rs 500 earlier.1
According to the 2018 report of the World Health Organization, the highest number of road
accidents occur in India worldwide. Even China, the most populous country, is behind us in
this regard.
As per the report of the Ministry of Road Transport and Highways, 2017; there are about 5
lakh road accidents occurred in India every year in which around 1.5 lakh people are killed.
There are around 1.49 lakh people died in 2018 in the road accidents with Uttar Pradesh
registering the maximum spike in fatalities.
So in order to prevent the menace of road accidents; the central government has amended the
Motor Vehicle 1988 by the Motor Vehicles (Amendment) Bill 2019. This new act is being
passed by the Lok Sabha on Jul 23, 2019 and by Rajya Sabha on Jul 31, 2019.
After the passing of this bill Road and transport Minister Nitin Gadkari says that the Bill will
provide an Efficient, Safe and Corruption Free Transport System in the Country.
Motor Vehicles (Amendment) Act, 2019 has been implemented throughout the country since
September 1, 2019. Now the penalty has been increased 10 times on various violations.
3|Page
MV ACT 1988 MV ACT 2019
4|Page
KEY FEATURES OF MOTOR VEHICLE (AMENDMENT), ACT 2019
There are currently no provisions in the Motor Vehicles Act (MVA) for the safety of
pedestrians and non-motorised road users.
Amendment to Section 138 of MVA proposes the insertion of new sub-section (1A), which
gives the power to State Governments to regulate the activities of pedestrians and non-
motorised road users in a public place. The amendment proposes States to regulate the
activities of pedestrians and non-motorised road users.
Analysis:
Section 138 gives power to the State Governments to make rules for a number of specified
matters that are in control of the State Government. With the insertion of new sub-section
(1A) in Section 138, the State Governments may make rules in their respective State Motor
Vehicle Rules specifying the manner of regulating the activities of pedestrians and non-
motorised road users. Regulation of activities in a public place of pedestrians and non-
motorised road users could include the creation of special zones such as cycle tracks and
footpaths, NMT lanes etc., which could all be interpreted as regulation of such activities.
5|Page
Motor Vehicles Act, 1988:
• The insertion of Section 194B makes it mandatory for every child to be secured by a safety
belt or a child-restraint system. Additionally, the section also provides for adult
accountability for not seating children in a safe manner with a penalty of Rs. 1000.
• Amendment to Section 129 (Wearing of protective headgear) proposes that every child
above the age of four years being carried on a motorcycle must wear a helmet, the design and
specifications of which may be prescribed by the Central Government. Moreover, with the
insertion of clause (aa) in section 137 (2), the Central Government from time-to-time can
provide for standards of protective gear, and measures for safety of children below the age of
four years of age riding under section 129. Analysis: While adult accountability for child
restraints has been provided for, the Central Government must expeditiously notify rules for
ensuring the safety of children below 4 years of age.
Currently there is no provision to recall vehicles that are old or are harmful to the
environment or do not meet safety standards.
New provisions 110A and 110B to empower Central Government to recall vehicles which
do not meet standards and it also provides for establishment of testing agencies for issuing
certificates of approval.
6|Page
IV. STRINGENT PUNISHMENT FOR FAULTY ROAD DESIGN,
ENGINEERING AND MAINTENANCE
There is currently no provision which holds road contractors and civic agencies accountable
for faulty road design and non-maintenance of roads leading to accidents.
Analysis:
• Under the existing Act, the lack of a centralized database of all licences and motor vehicles
across India led to a situation where a person may have multiple licences from different
States.
7|Page
• The second proviso to Section 9 (3) exempts applicants of drivers’ licences to take the test
of competence if s/he possesses a driving certificate issued by any institution recognized by
the State Government.
• The licensing system would be digitized and the identification of the applicant would also
be linked as per the UID mechanism.
• Minimum educational qualifications for transport drivers given under Section 9(4) has been
omitted.
• By the insertion of sub-section (5) in Section 12, the necessity of possessing a licence to
drive a light motor vehicle for at least one year before applying for a learners‟ licence to
drive a transport vehicle has been removed. An applicant can now directly apply for the class
of vehicle in which he has received training through an accredited school.
• The renewal of transport licences under Section 14 (2) (a) has been increased to five years
from three years. The renewal of transport licences for driving vehicles with hazardous goods
has been increased to three years from one year subject to such conditions as may be
prescribed by the Central Government.
• To facilitate the grant of licences in a transparent and efficient manner, insertion of Section
25A provides for the establishment of National Register for Driving Licences containing data
on all driving licences issued throughout India. The provision also provides for the State
Registers to be subsumed in the national register. It specifies that no driving licence shall be
valid unless it has been issued a unique driving licence number under the National Register of
Driving Licences.
• The exemption from taking the test of competence in case the applicant produces a
certificate from an established school given in the second proviso to Section 9 (3) has been
omitted.
8|Page
• The renewal period of a licence has been fixed at intervals of 10 years (forty years and fifty
years) after the age of thirty years. The renewal period after attaining the age of fifty-five
years has been fixed at every 5 years.
• Amendment to Section 19 provides for the licensing authority to disqualify a person from
holding a licence and place his name in public domain unless he successfully completes a
driver refresher training course from an established school after a certain number of offences.
• Under Section 27, the Central Government has been given the power to make rules for: -
The form and manner in which the licensing authority shall issue licences - The curriculum
and training modules for the regulation of schools and establishments referred to in Section
12 - The manner of placing a licence holders name in the public domain for disqualification
due to a certain number of offences - The nature, syllabus and duration of driver refresher
training course - The matters referred to in Section 25A, i.e., maintenance of National
Registers for driving licences
Analysis:
Since driving a transport vehicle requires special skills, a person should be able to handle a
LMV for at least one year before graduating to a HMV, a provision which has been omitted
in the Amendment Bill subject to formal training for that class of vehicle from an accredited
school or establishment.
In Section 14, increase in renewal period to drive transport vehicles without any prescribed
training or testing is detrimental to the safety of road users considering that HMVs are
involved in a high number of accidents.
In section 14, increase in renewal period for carrying hazardous goods has been increased
to three years instead of one year provided that he undergoes a refresher training programme
as specified by the Central Government. VI. REGISTRATION OF NEW MOTOR
VEHICLES BY VEHICLE DEALERS Motor Vehicles Act, 1988: Under Section 41 of the
existing Act, vehicle dealers cannot carry out registration of motor vehicles. Motor Vehicles
(Amendment) Bill, 2019:
9|Page
• The amendment proposed for Section 41 will now enable the vehicle dealers to register new
vehicles.
• There is also a provision that fixes penalties for dealers who fail to duly register a vehicle
or falter in their duties. Such dealers can be fined for up to Rs. 15,000/-
Minimum educational qualifications for drivers of transport vehicles are provided under
Section 9 (4) of the principal Act.
• A learners‟ licence to drive a transport vehicle is granted only when the applicant possesses
a licence to drive a light motor vehicle for at least one year provided under Section 7.
• Minimum educational qualifications for transport drivers given under Section 9 (4) has
been omitted.
• By the insertion of sub-section (5) in Section 12, the necessity of possessing a licence to
drive a light motor vehicle (LMV) for at least one year before applying for a learners’ licence
to drive a transport vehicle has been removed. An applicant can now directly apply for the
class of vehicle in which he has received training through an accredited school.
• Amendment to Section 72 (Grant of stage Carriage Permit) gives the power to the Regional
Power Authority to waive any condition prescribed in the section to obtain a permit for a
stage carriage in rural areas. The conditions prescribed in Section 72 include (i) The
maximum number of passengers and the maximum weight of luggage that may be carried.
10 | P a g e
(ii) Minimum and maximum number of daily trips that may be provided (iii) Specifications of
approved body codes
• The Bill proposes automated fitness testing for transport vehicles with effect from a date as
notified by the Central Government. Amendment to Section 117 puts a duty on the State
government to prioritize the safety of road users and ensure free flow of traffic while
designating parking zones.
Analysis:
Fatigue tests, minimum safety standards for vehicles, training of transport drivers through
simulated tests and the establishment of rest areas for transport drivers have not been
provided for in the Bill.
All the amendments in the MV Bill in the offences & penalties chapter seek to provide
stringent penalties for grave offences like drunk-driving, over-speeding, seat-belts and
helmets etc. Analysis: The increased fines will act as a deterrent and shall prevent road users
from driving recklessly. However, many stakeholders and even the Parliamentary Standing
Committee recommended that if drunk driving caused death then that act should constituted
as „culpable homicide not amounting to murder‟ instead of just „negligence‟. This
recommendation hasn‟t been included in the final amendment as it involves amendment in
the IPC for which the Ministry of Home Affairs has to move appropriate amendments. A
more detailed comparison of the penalties is described at the end of this document.
11 | P a g e
IX. REVISION OF FINES
There exists no provision for a steady increase of fine so that the fines are consistent with the
changing inflation levels.
A new provision Section 199B is to effectuate a fixed increase in all fines under the Act
@10% on an annual basis on the 1st day of April every year. Analysis: The annual increase
in fines will ensure that fines are not stagnant and are consistent with the changing times.
With enforcement being a State subject, the current scenario with regard to electronic
enforcement differs across States.
The insertion of new Section 136A puts the responsibility on the Central Government to
make rules for the electronic monitoring and enforcement of road safety. State Governments
shall ensure the implementation of the same.
Analysis:
Legislating the establishment of robust electronic enforcement for traffic violations will
result in reduction in human intervention and the associated corruption. A robust electronic
enforcement system including speed cameras, closed-circuit televisions cameras, speed guns
and such other technology will ensure violations being captured at a greater scale.
X. OFFENCES BY JUVENILES
12 | P a g e
Under the current Act, allowing unauthorized persons to drive a vehicle invites a penalty of
Rs. 1000/- and/or imprisonment of up to three months. Occasionally, provisions of the Indian
Penal Code (IPC) are invoked in cases involving death or injury, such as Section 109
(Abetment) of the IPC read with either Section 304 II/Section 304A in case of death or
Section 337-339 of the IPC in case of injury.
The amendment Bill under Section 199A invokes adult accountability by proposing penalties
for the guardian/owner of the vehicle for offences committed by Juveniles. The guardian or
owner of the vehicle shall be guilty with a fine of Rs. 25000/- and/or imprisonment of up to 3
years, while the Juvenile will be tried under JJ Act. Additionally, the registration of said
motor vehicle will be cancelled. The burden of proof shall lie on the guardian/owner.
Analysis:
According to the Ministry of Road Transport and Highways, in 2016 alone, total and fatal
road accidents involving underage drivers were 18,738 and 5,383 respectively.2 While in the
existing Act, the penalty is for allowing “unauthorized persons” to drive vehicles, the
amendment proposes to specify “juveniles”. The penalties for the same have been increased
with a 25x increase in the fine and a 12x increase in the period of imprisonment. In addition
to the increased fines, registration of the vehicle being cancelled can ensure that guardians do
not allow their juveniles to drive their vehicle.
The existing definition of driving dangerously has a narrow scope that does not take into
account common traffic offences such as jumping red lights and using mobile phones while
driving. Furthermore, considering the nature of offences, the existing fine prescribed is a
meagre rupees one thousand.
13 | P a g e
Besides enhancing penalties for dangerous driving, the amendment to Section 184 has also
broadened the scope of the definition of “dangerous driving” to include the acts that are
considered driving in manner dangerous to the public such as jumping a red light, violating a
stop sign, use of hand-held communication devices while driving, driving against the flow of
traffic, and passing or overtaking any motor-vehicle in a manner contrary to law.
Analysis:
All the above mentioned points, which were earlier missing in the Act, are risk factors that
contribute to road accidents. By expanding the scope of the definition of dangerous driving,
the Bill provides the enforcement agencies to crack down on traffic rules violators more
efficiently and provides a uniform penalty for such offences.
The existing punishment for offences relating to construction and maintenance of vehicles
provided under Section 182A is rupees one thousand for the first offence and rupees five
thousand for any subsequent offence.
14 | P a g e
• The penalty for sale or offering to sell or alter in contravention of chapter VII shall be an
imprisonment of up to one year or a fine which may extend to one lakh rupees.
• The penalty for failing to comply with the provisions of chapter VII during manufacture
shall be a term which may extend to one year or a fine which may extend to rupees one
hundred crore.
The penalty to offer to sell or sell safety components not in compliance with chapter VII shall
be an imprisonment of one year and a fine which may extend to one lakh rupees. Analysis:
Enhancing the penalties for construction and maintenance of motor vehicles by a
manufacturer to up to rupees one hundred crore will ensure that manufacturers are held
accountable for any defect in the vehicle.
The proposed new Section 215D establishes a National Road Safety Board. The Board will
render advice to the Union as well as State Government on all aspects of road safety and
traffic management including the standards of road design, vehicle maintenance, road
maintenance, sustainable utilization of road transport, safety of vulnerable road users, road
construction technology, motor vehicle standards, etc.
The current Act does not recognize aggregators of transport like cab service providers etc.
The new legislation under Section 93, gives statutory recognition to transport aggregators.
15 | P a g e
Motor Vehicles Act, 1988:
There are no provisions for formulating a unified transportation policy for the country.
New provisions 66A and 66B to empower the Central Government to implement a National
Transportation Policy in consultation with the States.
There is no provision in place for the State Governments to multiply any penalties.
• The proposed Section 210A gives power to the State Governments to specify a “multiplier”
(not less than one and not greater than ten) to be applied to each fine.
• Section 210B also imposes a penalty on any enforcing authority under this Act. It would
have to pay twice the penalty corresponding to that offence under the Act.
Analysis:
• The new provision gives State Governments the power to increase fines in their jurisdiction
by up to ten times the amount specified in the Act. For instance, the proposed fine for over-
speeding is Rs. 1000 but any State Government can levy a fine of up to Rs. 10,000 and not
less than Rs. 1000 for over-speeding in the jurisdiction of that respective State.
• Penalizing enforcing authorities will push them towards discharging their duties more
efficiently and deter them from lapsing on their part.
The compensation for hit-and-run cases is currently Rs. 12,500/- in cases of grievous hurt
and Rs. 25,000/- in cases of death.
16 | P a g e
The proposed amendment to Section 161 of the Act is slated to increase the compensation in
cases of grievous injury to Rs. 50,000/- or higher and to Rs. 2 lakh or higher in cases of
death.
Analysis:
In 2016 alone, there were 55,942 reported cases of hit-and-run accidents in India, which
resulted in 22,962 deaths (which stands at 15.2% share in total road accident deaths). In view
of the high number of hit-and-run cases in India, the increased compensation will enable
immediate monetary assistance to the victim/victim families. NOTE: In the 2019 version of
the Amendment Bill, the following three changes may be noted:
(i) Section 28: This Section in the 1988 Motor Vehicles Act provided power to the
State Government to determine how they wanted to maintain the State Registers
for Driving Licenses. The Section (28 (2) (j)) has now been omitted and may be to
ensure uniformity in maintenance of State Registers. This omission wasn‟t made
in the 2017 version but has been made in the 2019 one.
(ii) Section 56: This Section provides for vehicle fitness testing in automated testing
centres. In the 2017 version the date after which only vehicle fitness certificates
from automated testing centres would be considered valid was 1st October, 2019.
In the 2019 version there is no specific date but a date that will be notified by the
Central Government.
(iii) Section 41: Section 41 deals with registration of vehicles and its sub-parts 11, 12
and 13 provide fines for delays in registration. The fines are drawn from Section
177 in the Motor Vehicles Act, 1988 which was INR 100. In the 2017
Amendment Bill the fine was raised to up to INR 5000. However, in the 2019
version sub-section 11, 12 and 13 are omitted.2
17 | P a g e
Existing Penalty Proposed minimum penalty
Section Title
18 | P a g e
Rs. 400/- From Rs. 2000/- up to Rs. 4,000/-
for Medium passenger
Over speeding vehicle/Heavy passenger
vehicle/Medium goods
vehicle/Heavy goods vehicle
183
From Rs. 1000/- up to Rs. 5000/-
Dangerous driving Rs. 1000/- and/or 6 months-1 year
184 imprisonment
19 | P a g e
Existing Penalty Proposed minimum penalty
Section Title
15,000/-
Rs. 200/- for the first
Driving when mentally offence and Rs. 500/-
or physically unfit to for subsequent Rs. 1000/- for the first offence and
186 drive offence Rs. 2000/- for subsequent offence
Imprisonment of up
to 3 months for first
offence
6 months for second 6 months for the first offence and
offence one year imprisonment for
Fine: Rs. 500/- for subsequent offence
first offence and Rs. Fine: Rs. 5000/- for first offence
Punishment for offences 1000/- for the second and Rs. 10,000/- for subsequent
187 relating to accidents offence offence
189 Speeding / Racing Rs. 500/- Rs. 5,000/-
192 A Vehicle without permit Up to Rs. 5000/- Up to Rs. 10,000/-
New Rs 25,000/- to
Aggregators (violations
of licensing conditions)
Rs 1,00,000/-
193
Overloading Rs. 2000/- and Rs. 20,000/- and
Rs. 1000/- per extra
Rs. 2000/- per extra tonne
194 tonne
Overloading of
New Rs. 200/- per extra passenger
194 A passengers
Rs. 1000/-
Seat belt Rs. 100/-
194 B Child Restraint: Rs. 1000/-
20 | P a g e
Existing Penalty Proposed minimum
Section Title penalty
Overloading of two Rs. 1000/-,
Rs. 100/-
194 C wheelers Disqualification for 3
months for licence
Rs. 1000/-
Helmets Rs. 100/-
194 D Disqualification for 3
months for licence
Not providing way for Rs. 10,000/-
New
194 E emergency vehicles Imprisonment: 6 months
Suspension of driving
Power of Officers to
licenses u/s 183, 184, 185,
impound documents
206 189, 190, 194C,
194D,194E
Offences committed by Twice the penalty
210 B enforcing authorities under the
corresponding
section
21 | P a g e
Conclusion
There were so many loopholes in the previous Act of 1988 and in order to remove all these
lacunas the Act has been amended and now came the new Act of Motor Vehicle Amendment
Act 2019. By this amendment the compensation has been increased to a very large extent and
several other provisions have been made. The Transport Minister Nitin Gadkari said that it is
going to be efficient, transparent and workable.
Motor Vehicles (Amendment) Act 2019 is being implemented in the country since
September 1, 2019. This new act has increased fine for many offence to check the road
accidents and improve the road safety in the country. Now driving without driving licence
will be fined Rs 5000 instead of Rs 500 earlier.According to the 2018 report of the World
Health Organization, the highest number of road accidents occur in India worldwide. Even
China, the most populous country, is behind us in this regard. As per the report of the
Ministry of Road Transport and Highways, 2017; there are about 5 lakh road accidents
occurred in India every year in which around 1.5 lakh people are killed.
22 | P a g e
Bibliography
Websites referred:
1. https://pib.gov.in/newsite/PrintRelease.aspx?relid=192424
2. https://economictimes.indiatimes.com/wealth/personal-finance-news/these-new-
motor-vehicle-act-laws-hike-driving-penalties-from-sept-1/articleshow/
70905887.cms?from=mdr
3. https://www.prsindia.org/billtrack/motor-vehicles-amendment-bill-2019
4. https://iasscore.in/current-affairs/prelims/motor-vehicles-amendment-bill-2019
5. https://www.news18.com/news/auto/motor-vehicle-act-2019-will-reduce-road-
fatalities-experts-2323001.html
6. https://www.news18.com/news/auto/new-motor-vehicles-bill-goes-into-effect-
heres-a-complete-list-of-revised-traffic-violation-finesnew-motor-vehicles-bill-goes-
live-heres-a-complete-list-of-revised-traffic-violation-fines-2288203.html
7. https://www.business-standard.com/article/current-affairs/no-provision-for-
lowering-penalties-in-the-new-motor-vehicles-act-119091500768_1.html
8. https://www.hindustantimes.com/india-news/states-supported-high-fines-in-new-
motor-vehicles-act/story-KaaMktYgHzSpei5nNw8gHJ.html
9. https://www.indiatoday.in/india/story/jharkhand-to-give-three-month-relief-from-
fines-under-new-motor-vehicle-act-1599486-2019-09-16
10. https://www.indiatoday.in/india/story/motor-vehicle-act-for-now-old-penalty-to-
continue-in-punjab-1596065-2019-09-06
23 | P a g e
24 | P a g e