amendment-act-2019383968_1645253755

Introduction
The constitution-makers of India have made this constitution both rigid and
flexible. The most evident feature of this flexible nature of our constitution is
the amendment procedure as provided under Article 368. This helps the laws
to be effective in consonance with the changing times. The Motor Vehicles
(Amendment) Act 2019, was a major attempt towards the fulfilment of this
spirit of the constitution, amending the old Act of 1988. This amendment
provides some major changes to the old Act. This article is an attempt to
provide the reader with a greater insight into the main amendments, benefits
and disadvantages of this recent amendment to the old Act.
Motor Vehicles (Amendment) Act, 2019

The Motor Vehicles (Amendment) Act, 2019, came into effect on 1st
September 2019 and made rules more stringent for offenders, therefore
creating a more rigorous punishment for them. This amendment has made it
difficult for those in the habit of breaking traffic rules. Some examples of the
change that have been brought about are- imprisonment of up to a month for
driving errors and a provision for imprisonment of up to 6 months for
accidents caused by rash drivers etc.
Objective
With every step towards increased urbanisation, it is evident that the traffic
on roads has increased. Nowadays, each household in almost every city or
town has at least one motor vehicle. With this increasing traffic on roads the
probability of accidents increases. This probability matches with the reality.
The number of road accidents is on the rise.
The reasons are many, like negligent and rash driving, dishonouring the
traffic rules, unavailability of an efficient enforcement mechanism for traffic
rules, inefficient traffic police force etc. The Motor Vehicles Act’s recent
Amendment was done keeping in view these factors.
This Act majorly aims at ensuring road safety, compensation for the victims
of accidents, third party insurance and the health of the vehicles.
Salient Feature Of The Amendment
The important features of the Motor Vehicles (Amendment) Act, 2019 are as
under-
Road And Environment Health

In case the vehicles are not fit to be used on roads as they cause
environmental damage and hence harm the health of others, they have to be
returned to the manufacturers of the respective vehicles. The manufacturers
through this amendment are directed to take back these vehicles and have
the choice to either reimburse or replace the defective vehicle with one of
similar make.
Road Safety
This Amendment vehemently propagates the increase in the penalty for
traffic rule offenders. This is done in the hope that this increased fine would
force the drivers to be more alert and careful on the roads. This amendment
provides more stringent rules for offences like juvenile driving, drunken
driving, over speeding, overloading and driving without a license. Stricter
punishment for those driving without helmets is also made in this
Amendment.
Fitness Of Vehicle
This Amendment has provisions mandating the automated testing of vehicles
for doing a fitness check. This would help improve road safety by removing
from the traffic unfit vehicles. This Amendment makes specific provision for
those who deliberately violate environment and safety regulations.
This Amendment promoted certification of automobiles after they were

successfully tested. The regulation of this process of certification was also
proposed via this Act. In addition to this, Amendment of 2019 aims at setting
testing standards and bringing the agencies issuing automotive approvals
under the Motor Vehicles Act.
National Road Safety Board

Another major feature of this Act is the provision for setting up of a National
Road Safety Board under the central government. This board is supposed to
advise governments of all the states in addition to the central government on
matters of traffic management and road safety.
Compensation For Victims Of Road Accidents
Provisions have been made for cashless treatment of victims of road
accidents, during the golden hour. Golden hour is the time period up to one
hour from the time of the accident. This is the time period in which the
chances of survival if proper treatment is given, are maximum. An effort to
make this whole process cashless is also made by this Act.
Protection Of Good Samaritan

This Act defines a Samaritan as a person who stands up for helping out a
road accident victim immediately after such mishappening takes place. It is
often seen that these generous people are the ones who end up being the
victim of harassment for their acts of kindness. This Amendment provides for
these people too. It ensures that they are not harmed in any manner
whatsoever. It also protects them from any kind of civil or criminal
proceedings, even in cases where they negligently cause the death of the
victim.
Compulsory Insurance
This Act instructs the union government to establish a Motor Vehicles
Accident Fund providing compulsory insurance to all drivers of India.
Taxi Aggregators
These are defined by the Bill as the intermediaries using a digital platform for
connecting drivers to passengers. These according to these new provisions,
are to be provided with licenses from the governments of the respective
states. Also, they are instructed to follow the rules and regulations of
the Information And Technology Act, 2000.
National Transportation Policy

This Act promotes the idea of the formation of a National Transportation
Policy. This is to be made by the Central government in collaboration with the
governments of all the states. This policy would structure a framework for
road transport. In addition to this, priorities for the transport system would be
specified.
Training of drivers
This Amendment strengthens the process of driving training. This would lead
to a faster issuance of licenses. This Amendment comes in the wake of a
shortage of commercial drivers in the country. It propagates the opening up
of more driver training institutes for ensuring the production of better
commercial drivers in India.
National Register for Driving licence and Vehicle

Registration
This Amendment puts forth harmonisation and integration of issuance of
driving licence with vehicle registration. This would be done by the creation
of a National Register for Driving Licence and National Register for Vehicles
with the online portals of ‘Sarathi’ and ‘Vahan’. This process would ensure the
creation of a uniform system of licences and vehicle registration throughout
the country.
Online Driving Licences

This Act makes a provision for online issuance of learner’s license, mandating
an online identity verification. This would improve efficiency and limit to a
large extent issuance of fake licenses. In addition to increasing transparency,
this Act also provides commercial licenses to be valid up to a period of five
years instead of three years. There would now be driver training schools for
the production of better drivers on roads.
Motor Vehicles Accident Fund

A Motor Vehicles Fund would be constituted to provide compulsory insurance
to all drivers on-road by the central government. This fund would be set up to
compensate victims of road accidents and their legal heirs in case of their
death.
Better Insurance Facilities

This Act states that there exists no cap on liability for insurers. In fact, drivers
attendants are now to be included in third party insurance. There would now
be up to ten times increase in compensation by insurance companies.
Provisions have been made to ensure that if the victim’s family agrees to
compensation of five lakhs, the family gets it within a month. The process of
claiming compensation has also been simplified. The minimum compensation
for hit and run cases and cases where the grievous injury is caused has also
been increased.
Issues
Some issues regarding the various provisions provided for under this Act
have been raised, the major ones are listed below-
1. With an already existing fund for hit and run cases, another fund,
created by this Act for the same purpose seems futile and
unreasonable.
2. This Act is good in text and spirit, but its uniform implementation all
over India is a very difficult job.
3. It has also been brought to light that for ensuring that traffic rule
offenders don’t go unpunished, electronic surveillance is imperative.
For example, the installation of CCTV cameras and other related
equipment. Naturally, this would require huge investments,
regarding which the Act is ambiguous.
4. Many states have raised the issue of curtailment of their autonomy
at the behest of the central government.
5. Also, it has been noted that this amendment provides for relief to
victims. However, it is unclear as to which specific offences would
lead to that penalty. This may make the whole attempt of providing
relief futile.
6. Also, there are insufficient vehicle- manufacturers for the successful
implementation of safety features.
Benefits
The main benefits of the amendment Acts are as follows-
1. E-Governance is the major highlight of this amendment. With this, it

is no longer necessary to have certain specified educational
qualifications for acquiring transport licenses. This provides online
learning for licences and increases the driving licence’s validity
period.
2. The biggest benefit of this amendment for the ordinary man is the
increase in compensation to victims and their families and better
and quicker insurance facilities.
3. Provisions have been made to improve the registration process of
vehicles by making this process more convenient with the use of
‘Sarathi’ and ‘Vahan’ platforms. Provisions have been made to
enable registration of vehicles at the end of the dealer. Also,
temporary registrations have been discouraged.
4. With stricter rules on the fitness of vehicles, the air pollution level in
cities is expected to significantly drop.
5. With digitalization and e-governance, the system is expected to be
more efficient in its undertaking, minimizing risks.
Conclusion
The Motor Vehicles (Amendment) Act of 2019 seeks to bring about changes
in the Motor Vehicles Act of 1988. This is in lieu of solving some major issues
of road safety, third party insurance, etc. Guidelines for cabs have also been
issued, which would later be finalised. The digitalisation of some related
services like issuance of licences, change in address, issuance of receipts to
ensure better efficiency has been done. The state governments are to
constantly monitor state highways, national highways, and urban roads
through electronic mode. Some major amendments are also done in the
compensation schemes and insurance provisions. All these have benefited
the drivers of India, although some have raised their concerns over the
curbing of state autonomy.

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Introduction

Motor Vehicles (Amendment) Act, 2019

Road And Environment Health

This Amendment promoted certification of automobiles after they were

National Road Safety Board

Protection Of Good Samaritan

National Transportation Policy

National Register for Driving licence and Vehicle

Online Driving Licences

Motor Vehicles Accident Fund

Better Insurance Facilities

1. E-Governance is the major highlight of this amendment. With this, it

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