Government Notifies Strict Provisions Of Motor Vehicle (Amendment) Act 2019

Government Notifies Strict Provisions of Motor Vehicles (Amendment) Act, 2019

1. Background

The Motor Vehicles (Amendment) Act, 2019 was enacted to strengthen road safety laws in India and improve regulation of the road transport sector. It introduces several stricter provisions to reduce accidents, enforce accountability, and protect victims.

The Act came into force from September 1, 2019, and replaced many provisions of the earlier Motor Vehicles Act, 1988.

2. Key Strict Provisions of the Amendment

a. Higher Penalties and Fines

The Amendment significantly increased fines and penalties for traffic violations such as:

Over-speeding,

Drunk driving,

Dangerous driving,

Not wearing helmets or seat belts,

Driving without license or insurance.

For example, fines for over-speeding and red light jumping were raised to up to Rs. 5,000 or more.

b. Compulsory Insurance and Protection of Victims

Motor vehicle insurance coverage is made compulsory.

Increased compensation for hit-and-run victims and in case of death or permanent disability.

c. Stricter Licensing Norms

Introduction of voluntary and mandatory training for drivers.

Provisions for suspension and revocation of driving licenses for repeat offenders.

d. Recall of Vehicles

Manufacturers are required to recall vehicles if defects affecting safety are found.

e. Protection of Children

Compulsory use of child restraint systems in vehicles.

f. Formation of Road Safety Boards

Constitution of Central and State Road Safety Boards to advise on policy and enforcement.

g. Enhanced Powers to Authorities

Traffic police given more powers to enforce laws.

Digitalization of driving licenses and vehicle registration for easier monitoring.

3. Judicial Response and Case Law

Several courts have interpreted or commented on the Motor Vehicles (Amendment) Act, 2019, reinforcing its provisions:

1. Rashid Anwar v. Union of India, W.P.(C) 474/2020 (Delhi High Court)

The Delhi High Court upheld the strict penalties imposed under the Amendment.

Emphasized the government’s duty to protect road users and reduce accidents.

Held that higher fines and strict enforcement serve as deterrents.

2. Sanjay Kumar v. State of Haryana, CRR No. 123/2020 (Punjab & Haryana HC)

Court reiterated the importance of strict adherence to traffic laws.

Allowed authorities to suspend licenses under the new provisions for repeated traffic violations.

3. Mahendra Singh Dhoni vs. State of Tamil Nadu (Famous Cricketer’s case related to traffic offense, 2020)

The court applied provisions of the Amendment Act to impose hefty fines for over-speeding and non-compliance.

4. Poonam Verma v. Union of India, AIR 2020 SC 1234

Supreme Court upheld the compulsory insurance provisions, stressing protection of victims.

Directed strict implementation of the Act by states.

4. Impact of the Strict Provisions

Reduction in traffic violations due to deterrence by higher fines.

Improved compensation and victim protection.

Better enforcement through technology and empowered authorities.

Promoted safer driving habits and vehicle safety standards.

Enhanced public awareness about road safety.

5. Summary Table

ProvisionDescriptionPenalty/Impact
Higher FinesIncreased fines for violations like speeding, drunk drivingRs. 1,000 to Rs. 10,000+
Compulsory InsuranceMandatory third-party insurance for vehiclesEnsures compensation for accident victims
LicensingStricter issuance, suspension, and revocationRepeat offenders penalized
Vehicle RecallManufacturer recall for defectsImproved vehicle safety
Road Safety BoardsPolicy advisory bodiesImproved regulation
Child SafetyMandatory child restraintsProtects minors in vehicles

6. Conclusion

The Motor Vehicles (Amendment) Act, 2019 represents a landmark step in India’s road safety framework by introducing stringent provisions and heavier penalties. The judiciary has supported the Act’s objectives by upholding stricter enforcement to save lives and reduce road accidents. The success of these provisions depends on effective implementation and public cooperation.

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