1. THE MOTOR VEHICLES
(AMENDMENT) ACT, 2019
MINISTRY OF LAW AND JUSTICE
(LEGISLATIVE DEPARTMENT) NEW DELHI, THE 9TH AUGUST
2019
DR. G. NARAYANA RAJU, SECRETARY TO THE GOVT. OF INDIA.
BY DR. RASHMI RANJAN GURU, MD HOSPITAL AMINISTRATION,
PGIMER, CHANDIGARH.
2. CONTENTS :
HISTORY OF MOTOR VEHICLE ACT
NECESSITY OF AMENDMENT
AMENDMENT IN 2019
DIFFERENT AMENDMENTS
3. HISTORY OF MOTOR VEHICLE ACT :
Also called the Motor Vehicles (Amendment) Act,
2019.
“Indian Motor Vehicle Act,1914” - British India,
- 18 sections
Motor Vehicle Act,1939
An Act further to amend the Motor Vehicles Act, 1988.
4. NECESSITY OF THE AMENDMENT :
As in ministry of road transport and highways
Age gr 18- 60 yrs = 87.2%
> 70% RTA deaths 2017 = 18-45
RTA deaths 1.47 lakhs - 4.64 lakhs in 2017
National highways = 30.4% of total road
accidents
5. FOCUSES ON : In section 67 & 88
1. Road safety
2. Strengthening rural and urban transport
3. Last-mile connectivity
4. Automation and computerization
5. Online services.
6. Reducing traffic congestion
7. Protection of Environment
8. Improving quality of life
6. AMENDMENTS(2019):
The bill - Lok Sabha - April 2017 - Rajya Sabha.
Lok Sabha on 15th july 2019 - Mr. Nitin Gadkari.
The Act Provides -
1. Licenses and Permits
2. Standards for motor vehicles
3. Penalties for violation
7.
8. .GOOD SAMARITANS :
Section - “134A.
1.A good Samaritan ?
2.Motive: 1. good faith
2. Voluntary
3. Without Reward.
3.Liability -
9. RECALL OF MOTOR VEHICLES :
“110A.
Damage to the environment or the driver or other road users.
The manufacturer :
1. Reimbursement- full cost of the vehicle
2. Replace - similar or better specifications.
10. NATIONAL TRANSPORTATION POLICY:
The central government -state governments.
The policy will:
(i) Planning Road Transport
(ii) Grant of permits
(iii) Priorities for the transport system
11. ROAD SAFETY BOARD :
The board policy includs:
(I) Standards of motor vehicles
(ii) Registration and licensing of vehicles
(iii) Standards for road safety
(iv) Promotion of new vehicle technology
12. TAXI AGGREGATORS:
Amendment of section193.Amendment
Digital intermediaries (OLA CAB) :
Passengers to connect with a driver for
transportation purposes (taxi services)
Licenses issued by state
comply with the information technology act, 2000.
13.
14.
15.
16. DOCUMENTS :
Section - 158.
A police officer in uniform is authorized on this behalf by the State
Government, produce certificate of -
(a) Insurance
(b) Registration
(c) Pollution under control certificate
(d) Driving license
(e) Transport vehicle - certificate of fitness
17. Section 129, Principal Act :
Four years of age - Child – Restrain System
Headgear – Helmet :
-“Protective headgear”
- securely fastened to the head
SPECIFICATIONS
Sikh
18. Section 136 of the Principal Act:
‘136A :
(1) The State Government - Electronic monitoring
- Enforcement on road safety
(2) National highways, State highways, Roads or Urban city
“Body Wearable Camera” :
A mobile audio and video capture device
worn on the body or uniform of a person
authorized by the State Government.’.
19. CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD
PARTY RISKS
145.
“Authorized insurer”, IRDA .
Grievous hurt” section 320 IPC
“Hit and Run motor accident”
“Third party” includes
1. Government 2. Driver 3. Any other co-
worker on a transport vehicle.
20. ACCIDENT CASES :
The police officer - Investigation, prepare an accident
information , Particulars
TIME- within three months
Submit to Claims Tribunal.
21. Scheme for Golden hour (01 HOUR) :
162
(1) Compensation in case of hit and run motor accident
(2) Central Government shall make a scheme for the cashless
treatment of victims
22. Payment of compensation in case of death or Grievous
hurt :
164.
Owner of the motor vehicle - the Authorized Insurer - death
or grievous hurt
- five lakh rupees - Death
- two and a half lakh rupees - Grievous hurt
23. Motor Vehicle Accident Fund:
Section 163
Fund created
Act as other funds before the Motor Vehicles
(Amendment) Act, 2019.
24. Punishment for offences :
“182A :
Relating to - Alteration in construction,
- maintenance,
- sale
- alteration of vehicle components.
FINE- One year Imprisonment or with 1 lakh rupees or with
both.
25. Carriage of Excess Passengers :
"194A.
Transport vehicle - Carrying more passengers than authorized in the
registration certificate / In the permit.
Punishable with fine of two hundred rupees per excess passenger.
26. Safety belts -
Seating of children
194B.
Age of 14 yrs - Safety belt
Upto 4yrs – A child restrain system
Punishable with a fine of one thousand rupees.
27. Penalty for no headgear :
194D.
- punishable with a fine
- Rs. 1000
- Cancellation of license for three months.
28. Failure to allow free passage to Emergency vehicles:
194E.
A fire service vehicle
An ambulance
other emergency vehicle as may be specified by the State
Government,
punishable with imprisonment of 6 months, or with a
fine of Rs. 10,000/- rupees or with both.
29. Use of horns and silence zones
194F.
(a) HORN-
(i) sounds the horn needlessly or continuously or more than necessary to ensure
safety
(ii) an area with a traffic sign prohibiting the use of a horn
(b) cut-out by which exhaust gases released not through the silencer
Punishable - fine of 1 thousand rupees
A second or subsequent offence with a fine of 2 thousand rupees.”.
30. Use of Electronic forms and Documents.
(a) filing of forms and application by the Central or State
Government in electronic form
(b) issue or grant of any license, permit, sanction, approval or
endorsement, called in a particular manner
(c) the receipt or payment of money in a particular manner.
31. Insertion of new sections 199A and 199B.
Offences by juveniles
“199A. (1) the guardian of such juvenile or the owner of the motor
vehicle shall be deemed to be guilty
199B. The fines as provided in this Act shall be increased by fine
amount not exceeding ten per cent. By the state govt.
32. Pollution Under Control
Certificate
- Mandatory document
requirement for a vehicle
Validity of PUC for new car is 1
year from registration
Renewal – every 06 months
(b) 194 B cut-out by which
exhaust gases with a fine of two
thousand rupees.”.
33. New section 2B
( Promotion of innovation)
2B.
Promote Innovation
Research
Development In The Fields Of Vehicular Engineering
Mechanically Propelled Vehicles
Transportation In General
The Central Government May Exempt Certain Types Of Mechanically
Propelled Vehicles From The Application Of The Provisions Of This
Act.”.
34. Take home message
1. GOOD SAMARITANS ACT
2. PUCC
3. SEAT BELT AND SPECIALSEAT FOR CHILDREN UNDER 4YRS
4. INSURANCE
5. HEAD GEAR USE
6.GIVE WAY TO AMBULANCE