Motor Vehicles (Amendment) Act 2019 has been implemented throughout the country since September 1, 2019. This Presentation explains the Key Features and Penalties

1. Dr. Mrs. Sonali. J. Gaikwad
Assistant Professor
D. G. B. Dayanand Law College, Solapur
B.A, LL.B, LL.M, NET, SET, Ph.D.

2. INTRODUCTION
 The Motor Vehicles (Amendment) Act, 2019, came into effect on 1st September 2019
and made rules more stringent for regarding licensing of drivers/conductors,
registration of motor vehicles, control of motor vehicles through permits, special
provisions relating to state transport undertakings, traffic regulation, insurance, liability,
offences and penalties, etc.
 Road accidents have been a major cause for concern across the Indian subcontinent.
According to the Report Published by Statista Research Department, in 2019 alone, the
country reported over 151 thousand fatalities due to road accidents.
 The purpose of the Act is to make Indian roads safer to travel and promote the
importance of safe driving amongst the young generation.

3. History of Motor Vehicles Act
 Indian Motor Vehicles Act of 1914 was passed under British India with 18
sections in place, to enabled the local governments to regulate enforcements
and to ensure the registration and licensing of vehicles and motorists to
maintain road safety.
The Motor Vehicles Act 1939
Motor Vehicles Act, 1988
Motor Vehicles (Amendment) Act 2019

4. Causes of Motor Accidents
 Distracted Driving
 Drunk driving Speeding/ Reckless
Driving
 Not Wearing Seat Belt
 Rain or Wet Roads
 Potholes and Bad Road Condition
 Night Driving
 Wrong-Way Driving/ Improper
Turns
 Tailgating
 juvenile Drivers, etc.

5. Key features of Motor Vehicle
(Amendment) Act 2019

6. National Register for Driving licence [25A]
 The Central Government shall maintain a National Register of Driving Licences
 All State Registers of Driving Licences shall be subsumed under the National
Register of Driving Licences
 No driving licence issued, or renewed, shall be valid unless it has been issued a
unique driving licence number
 The State Governments shall be entitled to access the National Register and
update their records

7. State Registers of Driving Licences [26]
 Each State Government shall maintain, a register to be known as the State Register of
Driving Licences, containing particulars, including -
 Names and addresses of holders of driving licences;
 Licence numbers;
 Dates of issue or renewal of licences;
 Dates of expiry of licences;
 Classes and types of vehicles to be driven; and
 Such other particulars as the Central Government may prescribe
 Each State Government shall supply a printed copy or copy in such other form as the
Central Government may require of the State Register of Driving Licences

8. National Register of Motor Vehicles [62B]
 The Central Government shall maintain a National Register of Motor Vehicles
 All State Registers of Motor Vehicles shall be subsumed under the National Register of
Motor Vehicles
 No certificate of registration issued, or renewed, shall be valid unless it has been issued
a unique registration number
 In order to maintain the National Register of Motor Vehicles, all State Governments and
registering authorities shall transmit all information and data in the State Register of
Motor Vehicles to the Central Government
 State Governments shall be able to access the National Register of Motor Vehicles and
update records

9. State Registers of Motor Vehicles [63]
 Each State Government shall maintain a register to be known as the State Register of
Motor Vehicles, in that State, containing the particulars including -
 Registration numbers
 Years of manufacture
 Classes and types
 Names and addresses of registered owners and
 Such other particulars as may be prescribed by the Central Government
 Each State Government shall supply to the Central Government [if so desired by it]
a printed copy of the State Register of Motor Vehicles

10.  Many of the interventions under the MV (Amendment) Act, 2019, require proper
crash data collection.
 Hence, it becomes critical for the Central Government to integrate various
platforms like Vaahan, Saarthi and Crime and Criminal Tracking Network
and Systems with the upcoming Integrated Road Accident Database (IRAD) to
ensure right and efficient flow of information among stakeholder departments.

11. National Transportation Policy [66A]
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 will -
Establishing a planning framework for all forms of road transport
 Identifying areas for improvement of transport infrastructure in India,
including development of an integrated multimodal transport system
Establishing a framework for grant of permits and schemes, etc.

12. Taxi Aggregators [93]
 The Act defines “aggregator” as the intermediaries using a digital platform for
connecting drivers to passengers.
 The new legislation, gives statutory recognition to transport aggregators
 licenses issued from the governments of the respective states.
 Instructed to follow the rules and regulations of the Information And Technology
Act, 2000.

13. Recalling of Vehicles [110A]
 As per the new Act, the Central Government may, by order, direct a manufacturer
to recall motor vehicles of a particular type or its variants, for any defect which
may cause harm to the environment or to the driver or occupants of such motor
vehicle or other road users
 A manufacturer whose vehicles are recalled shall -
 Reimburse the buyers for the full cost of the motor vehicle or
 Replace the defective motor vehicle with another motor vehicle of similar or
better specifications and
 Pay such fines and other dues

14. Protection of Good Samaritans [134A]
 A Good Samaritan is a person who, in
good faith, without expectation of payment
or reward and without any duty of care or
special relationship, voluntarily comes
forward to administer immediate assistance
or emergency care to a person injured in an
accident, or crash, or emergency medical
condition, or emergency situation.
 Good Samaritan Law protects Good
Samaritans from harassment on the actions
being taken by them to save the life of the
road accident victims.
 It also protects them from any kind of civil
or criminal proceedings, even in cases
where they negligently cause the death of
the victim.

15. Electronic monitoring and enforcement of road safety [136A]
 The State Government shall ensure electronic monitoring and enforcement of road safety on
 national highways,
 state highways,
 roads or in any urban city
 The Central Government shall make rules for the electronic monitoring and enforcement of
road safety including
 speed cameras,
 closed-circuit
 television cameras,
 speed guns,
 body wearable cameras
 and such other technology.

16. Production of certain certificates, licence and permit [158]
 Any person driving a motor vehicle in any public place shall, on being so required by a police
officer in uniform authorised in this behalf by the State Government, produce.
 Certificate of insurance
 Certificate of registration;
 Pollution under control certificate;
 Driving licence;
 Transport vehicle - Certificate of fitness
 any certificate or authorisation of
exemption, relating to use of vehicle

17. Information to be given regarding accident [159]
 The police officer shall, during the investigation, prepare an accident information report
 within three months
 submit to the Claims Tribunal and such other agency as may be prescribed

18. The Central Government shall provide for paying in accordance with the
provisions of this Act and the scheme made under sub-section (3) of
Section 161 , compensation in respect of the death of, or grievous hurt to,
persons resulting from hit and run motor accidents.
Compensation in respect of the death of any person resulting from a hit and
run motor accident, a fixed sum of
as may be prescribed by the Central Government;
Compensation in respect of grievous hurt to any person resulting from a hit
and run motor accident, a fixed sum of
as may be prescribed by the Central Government.

19. The Central Government shall make a scheme for the cashless
treatment of victims of the accident during the golden hour
It is a period of up to 1 hour following the traumatic injury due to the
road accident.
This is the period when the likelihood of preventing death through
prompt medical care is high.

20.  The owner of the motor vehicle or the authorised insurer shall be liable to pay to
the legal heirs or the victim, as the case may be.in the case of death or grievous
hurt
 Compensation in case of death - five lakh rupees or
 Compensation in case of grievous hurt - two and a half lakh rupees

21. Online Driving Licences
 This Act makes a provision for online issuance of learner’s license, mandating an
online identity verification.
 This would facilitate the grant of licences in a transparent and efficient manner
 Transport licenses to be valid up to a period of five years instead of three years.
 An applicant can now directly apply for the class of vehicle in which he has
received training through an accredited school

22. Motor Vehicle Accident Fund [164 B]
 This Act requires the Central government to constitute a Motor Vehicle Accident
Fund to provide a compulsory insurance cover to all road users in India. It will be
used for -
 Treatment of persons injured in a road accident as per the golden hour scheme.
 Compensation to the representatives of a person who died in a hit and run
accident
 To compensate a person who was grievously injured in a hit and run accident
 To compensate for any individual as prescribed by the Union government

23. Carriage of excess passengers [194A]
Whoever drives a transport vehicle carries more passengers than is
authorised in the registration certificate or the permit conditions shall
be punishable with a fine of two hundred rupees per excess passenger

24. Use of safety belts and the seating of children[194B]
 Whoever drives a motor vehicle without wearing a safety belt or carries passengers not
wearing seat belts shall be punishable with a fine of one thousand rupees
 Whoever drives a motor vehicle with a child upto the age of fourteen years, is not secured
by a safety belt or a child restraint system shall be punishable with a fine of one thousand
rupees

25. Penalty for violation of safety measures for motor cycle drivers and
pillion riders.[194 C]
 Whoever drives a motor cycle in contravention of the provisions of section 128
or the rules or regulations made thereunder shall be punishable with a fine of one
thousand rupees and
 Disqualified for holding licence for a period of three months

26. Penalty for not wearing protective headgear [194 D]
Whoever drives a motor cycle in contravention of the provisions of
section 129 or the rules or regulations made thereunder shall be
punishable with a fine of one thousand rupees and
disqualified for holding licence for a period of three months

27. Failure to allow free passage to emergency vehicles Section [194E]
 Whoever while driving a motor vehicle fails to allow free passage to emergency
vehicles on the road, such as a fire service vehicle or of an ambulance or other
emergency vehicle shall be punishable with imprisonment for a term which
may extend to six months, or with a fine of ten thousand rupees or with both

28. Use of horns and silence zones [194 F]
 Whoever, while driving a motor vehicle, sounds the horn needlessly or continuously or more
than necessary to ensure safety, or in an area with a traffic sign prohibiting the use of a horn, or
 makes use of a cut-out by which exhaust gases are released other than through the silencer,
 punishable with a fine of one thousand rupees and for a second or subsequent offence with a
fine of two thousand rupees.

29. Offences by juveniles [199 A]
 Guardian/owner shall be deemed to be guilty and punished accordingly
 Rs. 25,000 with 3 years imprisonment
 Cancellation of the registration of the vehicle for 12 months
 A Juvenile will be tried under the Juvenile Justice Act.

30. National Road Safety Board [215B]
 The National Board renders advice to the Central Government or State Government, on all
aspects pertaining to road safety and traffic management including -
 Standards of design, weight, construction, manufacturing process, operation and maintenance
of motor vehicles and of safety equipment
 Registration and licensing of motor vehicles;
 Formulation of standards for road safety, road infrastructure and control of traffic;
 Facilitation of safe and sustainable utilisation of road transport ecosystem;
 Promotion of new vehicle technology;
 Safety of vulnerable road users;
 Programmes for educating and sensitising drivers and other road users; and
 Such other functions as may be prescribed by the Central Government from time to time.

31. Enhanced penalties Under
amended Motor Vehicles
Act 2019

32. Section Violation Old Penalty
New Penalty from 1st
Sept-2019
177 General
First offence - Rs. 100
and second/subsequent
offence - Rs.300
First offence - Rs. 500 and
second/subsequent offence -
Rs.1500
New 177A Violation of Road Rules Rs. 100 Rs.500 to Rs.1,000
178 Ticketless travel Rs. 200 Rs. 500
179
Disobeying orders from
the Authorities and
Refusing to Share
Information
Rs. 500 Rs. 2,000

33. Section Violation Old Penalty
New Penalty from 1st
Sept-2019
180
Allowing unauthorised
persons to drive vehicles
Rs. 1,000 Rs. 5,000
181 Driving without license Rs. 500 Rs.5,000
182
Driving despite
disqualification
Rs. 500 Rs. 10,000
182B Oversize vehicles ---
From Rs. 5000/- up to
Rs. 10,000/-

34. Section Violation Old Penalty New Penalty from 1st Sept-2019
183 Over speeding Rs. 400
Rs. 1000-Rs. 2000 for LMV; Rs. 2000-
Rs. 4000 for MGV/MPV/HGV/HPV
and impounding of driving license for
second/subsequent offence.
184
Dangerous / Rash
Driving
Rs.1000
Imprisonment of 6 months - 1 year
and/or fine of up to Rs. 1000 - Rs 5000
for first offence and Imprisonment up
to 2 years and/or fine up to Rs. 10000
for second offence.
185 Drunken driving Rs. 2,000
Imprisonment up to 6 months and/or
fine up to Rs. 10,000 for first offence
and Imprisonment up to 2 years
and/or fine of Rs. 15,000 for second
offence.

35. Section Violation Old Penalty
New Penalty from 1st Sept-
2019
186
Driving When
Mentally/Physically
Unfit
Rs. 200/- for the first
offence and Rs. 500/-
for subsequent
offence
First offence up to Rs. 1000 and
second/subsequent offence from up
to Rs.2000
189 Speeding and Racing Rs.500
First-Time Offence:
Rs.5,000 and/or Imprisonment of up to 3
months and Second-Time Offence:
Rs.10,000 and/or Imprisonment of up to 1
year
192 A
Vehicle without
permit
Up to Rs.5,000
Rs.10,000 and/or Imprisonment of
up to 6 months.
193
Aggregators
(Violations of
Licensing
Conditions)
-- Rs.25,000 to Rs.1 lakh

36. Section Violation Old Penalty New Penalty from 1st Sept-2019
194 Overloading
Rs.2,000 and
Rs.1,000 per extra
tonne
Rs.20,000 and Rs.2,000 per extra tonne
196
Driving uninsured
vehicle
Rs.1,000
Fine of Rs. 2000 and/or punishment up to 3
months for the first offence and fine of Rs. 4000
and/or imprisonment up to 3 months for the
second offence.
199
Offences by
Juveniles
--
Rs.25,000 with Imprisonment of 3
years for which the Guardian / Owner
shall be deemed to be guilty.
206
Power of Offices to
impound documents
--
Suspension of DL under Section 183,
184, 185, 189, 190, 194C, 194D, 194E
210 B
Offences
Committed by
Enforcing Officers
--
Double the Penalty under Relevant
Section