The Rajya Sabha on July 31, 2019 passed the the Motor Vehicles (Amendment) Bill, 2019.
The Bill has been passed with three Government amendments. The Lok Sabha had already passed the Bill on the July 23, 2019.
- Recommendations of the Group of Transport Ministers (GoM): The Motor Vehicles (Amendment) Bill, 2019 is based on the recommendations of the Group of Transport Ministers (GoM) of States constituted by the Ministry of Road Transport & Highways to address the issue of road safety and to improve the facilitation of the citizens while dealing with transport departments. The GoM was headed by Shri. Yoonus Khan, the then Transport Minister of Rajasthan, and had 18 State Transport Ministers from different political parties as members.
Background: On the basis of recommendations of the GoM and other pressing requirements, the Ministry of Road Transport & Highways introduced the Motor Vehicle (Amendment) Bill 2016. This, along with amendments, was passed by Lok Sabha on 10th April, 2017. The Bill as passed by Lok Sabha was introduced in Rajya Sabha and was referred to the Select Committee of the Rajya Sabha on 08.08.2017. The Select Committee presented its report to the Parliament on 22nd December, 2017. The Bill was pending in the Rajya Sabha and lapsed with the dissolution of the 16th Lok Sabha.
Features of the amendment bill
Road Safety: 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..
Proposed Amendments in Various Penalties under Motor Vehicles (Amendment) Bill – 2019
| Section | Old Provision / Penalty | New Proposed Provision / Minimum Penalties | |
| 177 | General | Rs 100 | Rs 500 |
| New 177A | Rules of road regulation violation | Rs 100 | Rs 500 |
| 178 | Travel without ticket | RS 200 | Rs 500 |
| 179 | Disobedience of orders of authorities | Rs 500 | Rs 2000 |
| 180 | Unautorized use of vehicles without licence | Rs 1000 | Rs 5000 |
| 181 | Driving without licence | Rs 500 | Rs 5000 |
| 182 | Driving despite disqualification | Rs 500 | Rs 10,000 |
| 182 B | Oversize vehicles | New | Rs 5000 |
| 183 | Over speeding | Rs 400 | Rs 1000 for LMV Rs 2000 for Medium passenger vehicle |
| 184 | Dangerous driving penalty | Rs 1000 | Upto Rs 5000 |
| 185 | Drunken driving | Rs 2000 | Rs 10,000 |
| 189 | Speeding / Racing | Rs 500 | Rs 5,000 |
| 192 A | Vehicle without permit | upto Rs 5000 | Upto Rs 10,000 |
| 193 | Aggregators (violations of licencing conditions) | New | Rs 25,000 to Rs 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 | Seat belt | Rs 100 | Rs 1000 |
| 194 C | Overloading of two wheelers | Rs 100 | Rs 2000, Disqualification for 3 months for licence |
| 194 D | Helmets | Rs 100 | Rs 1000 Disqualification for 3 months for licence |
| 194 E | Not providing way for emergency vehicles | New | Rs 10,000 |
| 196 | Driving Without Insurance | RS 1000 | Rs 2000 |
| 199 | Offences by Juveniles | New | Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled |
| 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 authorities | Twice the penalty under the relevant section |
Vehicle Fitness: The Bill mandates automated fitness testing for vehicles. This would reduce corruption in the transport department while improving the road worthiness of the vehicle. The Bill also provides for compulsory recall of defective vehicles and power to examine irregularities of vehicle companies.
Recall of Vehicles: The Bill allows the central government to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users. The manufacturer of the recalled vehicle will be required to: (i) reimburse the buyers for the full cost of the vehicle, or (ii) replace the defective vehicle with another vehicle with similar or better specifications.
Road Safety Board: The Bill provides for a National Road Safety Board, to be created by the central government through a notification. The Board will advise the central and state governments on all aspects of road safety and traffic management including standards of motor vehicles, registration and licensing of vehicles, standards for road safety, and promotion of new vehicle technology.
Protection of Good Samaritan: To help road accident victims, Good Samaritan guidelines have been incorporated in the Bill. The Bill defines a Good Samaritan as a person who renders emergency medical or non-medical assistance to a victim at the scene of an accident, and provides rules to prevent harassment of such a person.
Cashless Treatment during Golden Hour: The Bill provides for a scheme for cashless treatment of road accident victims during golden hour.
Third Party Insurance: The Bill has included the driver’s attendant in 3rd Party insurance. re will be no cap on liability of insurers. There will be a 10 time increase in insurance compensation, from Rs 50, 000 to Rs 5 lakh. Claim process has been simplified. Insurance firms have to pay claims within a month, if the victim’s family agree to accept Rs 5 lakh compensation. The Bill also increases the minimum compensation for hit and run cases from Rs 25,000 to two lakh rupees in case of death, and from Rs 12,500 to Rs 50,000 in case of grievous injury.
Motor Vehicle Accident Fund: The Bill requires the central government to constitute a Motor Vehicle Accident Fund, to provide compulsory insurance cover to all road users in India. It will be utilised for: treatment of persons injured in road accidents as per the golden hour scheme, compensation to representatives of a person who died in a hit and run accident, compensation to a person grievously hurt in a hit and run accident, and compensation to any other persons as prescribed by the central government. This Fund will be credited through: payment of a nature notified by the central government, a grant or loan made by the central government, balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents),or any other source as prescribed the central government.
Improving Services using e-Governance: Improving delivery of services to the stakeholders using e-Governance is one of the major focuses of this Bill. This includes
- Provision for online driving licenses: The Bill provides for online Learners Licence with mandatory online identity verification Driving test will be computerized to avoid fake D.L. The Bill will bring transparency in RTO offices. Commercial licenses will be valid upto five instead of three years. Application for renewal can be made one year prior to or after licence lapses. Driver Training Schools will be opened so that more efficient drivers may be available.
- Process of Vehicle Registration: To improve the registration process for new vehicles, registration at the end of the dealer is being enabled and restrictions have been imposed on temporary registration. The Minister has however said that state transport departments can inspect the vehicles at dealers end .
To bring harmony of the registration and licensing process, it is proposed to create National Register for Driving Licence and National Register for Vehicle registration through “Vahan” & “Sarathi” platforms. This will facilitate uniformity of the process across the country.
- Drivers Training: The driving training process has been strengthened enabling faster issuance of transport licenses. This will help in reducing the shortage of commercial drivers in the country. More and more drivers training schools and vehicle fitness centres will be opened
To facilitate transport solutions for Divyang, the bottlenecks have been removed in respect of grant of driving licenses as well as alterations in the vehicles to make it fit for their use .
Reforms in Transportation System: Development of integrated Transport System will be possible from the National Transportation Policy. This will also enhance the powers of the State Governments, provide better last mile connectivity, rural transport etc.
Reforms in Driving Licences: The Bill provides for online Learners Licence. Provision of online identity verification Aadhar Card has been made mandatory for making Driving Licences and driving test of the applicant will be computerized to avoid fake D.L.
Simplification in the process of vehicle registration: The vehicle owners may register their vehicle anywhere in the state and process of registration will be done by dealers. Differently abled persons will get facilities for registration of vehicles. Checking of fitness of vehicles will be computerised and laws for scrapping of old vehicle. Now since the National Register is in place, transfer of vehicle from one city to another will be easier and the stolen vehicles will not get registered.
Reforms in Transportation System: Development of integrated Transport System will be possible from the National Transportation Policy. This will also enhance the powers of the State Governments, provide better last mile connectivity, rural transport etc. The Bill provides guidelines for Aggregators. At present there are no rules in many states for regulating aggregators, taxis etc.
