Enhanced Penalties Under Amended Motor Vehicles Act to Become Applicable from Next Month Centre has Notified Some Provisions of the Act Today

Ministry of Road Transport and Highways has notified today, through S.O. No 3110(E), the provisions of the Motor Vehicles Amendment Act 2019 that will be applicable with effect from 1st of September 2019. These are provisions which require no further amendments in the Central Motor Vehicles Rules 1989. Important among the provisions notified today are the provisions  for enhanced penalties.

For the remaining provisions the Ministry has initiated the process of formulating draft rules. As and when the process is completed, the relevant provisions would be notified for implementation.

The attached table gives a brief of the provisions that have been notified today, and would be applicable from the 1st of September.

Sections to be made applicable starting 1st September 2019 of the Motor Vehicles Amendment Act 2019

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

1.

Section 2

Sections 2(1), 2(1A), 2(1B), 2(4A), 2(9A), 2(12A), 2(18)- omitted, 2(24), 2(26), 2(38A), 2(42A), 2(29)

Introduction of new definitions of aggregator, community service, driver refresher training course, golden hour, scheme, testing agency and replacement of the definition of invalid carriage with that of adapted vehicle.

2.

Section 3

Section 2B of the MV Act

Empowering the Central Government to exempt vehicles from the Act’s provisions so as to promote research, development and innovations.

3.

Clauses (i), (ii), (iii) and (iv) of Section 4

Section 8(1),(2),(3) and (4) of the MV Act

Making the application for learner’s license citizen friendly by allowing applicants to apply to any licensing authority in the State and submit the application for learner’s license online.

4.

Clauses (i), (ii) and (iii) of Section 5

Section 9(1), (3) and (4) of the MV Act

Making the application for learner’s license citizen friendly by allowing applicants to apply to any licensing authority in the State. The licensing authority will be allowed to issue driving licenses for adapted vehicles. The minimum educational qualification to drive a transport vehicle has been removed.

5.

Section 6

Section 10(2)(c) of MV Act

Replacing the term ‘invalid carriage’ with ‘adapted vehicle’, according to the new definition.

6.

Clause (i) of Section 7

Section 11(1) of the MV Act

Enabling the application for the addition of other classes or descriptions of motor vehicles to a person’s driving license to be made online.

7.

Section 9

Section 14(2) of the MV Act

Changing the currency of license to drive- transport vehicles from 3 to 5 years, transport vehicles carrying hazardous goods from 1 to 3 years and for all other licenses, prescribing different periods of validity of the license for

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

different age groups of applicants.

8.

Section 10

Section 15(1), 15(3) and 15(4) of the MV Act

Allowing driving license holders to apply for renewal any time between one year before its expiry up to one year after its expiry. Applying for renewal after one year from the date of expiry of driving license, will require the applicant to pass the test of competence again.

9.

Section 14

Section 27 of the MV Act

Empowering the Central Government to prescribe rules corresponding to the amended Chapter II of the Motor Vehicles Act.

10.

Section 16

Section 40 of the MV Act

Allowing citizens to apply to any registering authority within the State for registration of motor vehicles.

11.

Clauses (ii) of Section 17

Section 41(3) of the MV Act

A certificate of registration would be issued in the name of the owner, rather than to the owner of a motor vehicle registered.

12.

Section 20

Section 49(1), 49(1A) and 49(2) of the MV Act

Allowing applications for recording change of residence or place of business in the certificate of registration of the motor vehicle, to be made online and to any registering authority within the State.

13.

Clause (ii) of Section 21

Section 52(1A) of the MV Act

Allowing the Central Government to issue directions requiring manufacturers to retrofit safety and emissions control equipment on motor vehicles, in accordance with such standards and specifications as may be specified by the Central Government.

14.

Section 22

Section 55(5A) of the MV Act

Where a motor vehicle is used by a juvenile in violation of the newly inserted Section 199A, its registration may be cancelled for a year. After one year, a fresh application for registration is allowed to be submitted.

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

15.

Section 24

Section 59 of the MV Act

Empowering the Central Government to make rules governing the recycling of motor vehicles

16.

Section 27

Section 64 of the MV Act

Empowering the Central Government to prescribe rules corresponding to the amended Chapter IV of the Motor Vehicles Act.

17.

Clause (i) of Section 28

Section 65(2)(f) of the MV Act

Empowering the State Governments to make rules under the proviso to the amended Section 43.

18.

Section 29

Section 66(1) and (3) of the MV Act

Flexibility given to transport vehicles to be used either under the permit(s) or under the license issued under any scheme for transportation, framed under Section 67(3) or Section 88A of the Act.

19.

Section 30

Sections 66A and 66B of the MV Act

Empowering the Central Government to frame a National Transportation Policy. Granting flexibility to transport vehicles by allowing permit holders to also apply for licenses issued under schemes made for transportation.

20.

Section 31

Sections 67 of the MV Act

Power of State Governments to issue directions to State and Regional Transport Authorities,

having regard
passengers’
economically
fares, prevention of overcrowding and road safety. Allows State Governments to relax the provisions under this Chapter to promote competition between transport service providers. Empowering State Governments to make schemes for transportation, under which licenses may be issued.

to the convenience, competitive

21.

Section 32

Sections 72(2) of the MV Act

Empowering the regional transport authority to waive stage carriage permit for rural area.

22.

Section 33

Sections 72(2) and (3) of the MV Act

Empowering the regional transport authority to waive

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

contract carriage permit for last mile connectivity

23.

Section 34

Section 88A of the MV Act

Empowering the Central Government to make schemes for national, multimodal and inter-state transport of passengers and goods and allowing two or more States to make schemes for inter-state transportation.

24.

Section 35

Section 92 of the MV Act

Extending avoidance of liability by means of restrictive contracts to licenses issued under schemes, in addition to permits.

25.

Section 37

Section 94 of the MV Act

Extending the bar on civil courts jurisdiction in cases of licenses issued under schemes, in addition to permits.

26.

Section 38

Section 96 of the MV Act

Empowering the State Government to prescribe rules corresponding to the amended Chapter V of the Motor Vehicles Act.

27.

Section 41

Section 114 of the MV Act

Enabling State Governments to designate any person/agency as the enforcement agency to detect and impose penalty on overloaded vehicles.

28.

Section 42

Section 116(1A) and (3) of the MV Act

Empowering the NHAI or any other agency authorized by the Central Government to erect traffic signs for highways and for roads immediately leading up to highways.

29.

Section 43

Section 117 of the MV Act

Requiring State Governments to give primacy to safety of road users when determining parking places and halting stations.

30.

Section 46

Section 135(1) and (3) of the MV Act

Enabling the Central Government to make schemes for conducting in-depth studies on the causes and analysis of road accidents and State Governments to make schemes for amenities in the interest of safety and convenience of public.

31.

Section 48

Section 137 of the MV Act

Empowering the Central Government to prescribe rules

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

corresponding to the amended Chapter VII of the Motor Vehicles Act.

32.

Section 49

Section 138(1A) of the MV Act

Empowering the State Governments to prescribe rules corresponding to the amended Chapter VII of the Motor Vehicles Act.

33.

Section 58

Section 177 of the MV Act

Enhances penalty for offences where no penalty is specifically provided for- first offence from up to Rs. 100 to Rs. 500 and second/subsequent offence from up to Rs. 300 to Rs.1500.

34.

Section 59

New section inserted after Section 177 of the MV Act
177A of MV act 2019

New penalty of Rs. 500 to Rs. 1000 for violation of road regulations made under Section 118.

35.

Section 60

Section 178 of the MV Act

Enhances penalty for traveling without ticket from- a fine of up to Rs. 200 to Rs. 500.

36.

Section 61

Section 179 of the MV Act

Enhances penalty for disobedience of orders of authorities and refusal to give information from- a fine of up to Rs. 500 to Rs. 2000.

37.

Section 62

Section 180 of the MV Act

Enhances penalty for unauthorized use of vehicles without license from- a fine of up to Rs. 1000 to Rs. 5000.

38.

Section 63

Section 181 of the MV Act

Enhances penalty for driving without license from- a fine of up to Rs. 500 to Rs. 5000.

39.

Section 64

Section 182 of the MV Act

Enhances penalty for driving despite disqualification from- a fine of up to Rs. 500 to Rs. 10000.

40.

Section 65

Section 182A of the MV Act

New punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components. New Punishment for contravention of Section62A of a fine of Rs. 5000.

41.

Section 66

Section 183 of the MV Act

Enhances penalty for over- speeding from fine up to Rs. 400 to fine of Rs. 1000-Rs. 2000 for light motor vehicle; Rs. 2000-Rs. 4000 for medium passenger or goods vehicles and

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

impounding of driving license for second/subsequent offence.

42.

Section 67

Section 184 of the MV Act

Enhances penalty for dangerous driving to- imprisonment of 6 months to 1 year and/or fine of Rs. 1000- Rs. 5000 for first offence and imprisonment up to 2 years and/or fine up to Rs. 10000 for second offence.

43.

Section 68

Section 185 of the MV Act

Enhances penalty for drunken driving to- imprisonment up to 6 months and/or fine up to Rs. 10000 for first offence and imprisonment up to 2 years and/or fine of Rs. 15000 for second offence.

44.

Section 69

Section 186 of the MV Act

Enhances penalty for driving when mentally or physically unfit to drive for- first offence from up to Rs. 200 to Rs. 1000 and second/subsequent offence from up to Rs. 500 to Rs.2000.

45.

Section 70

Section 187 of the MV Act

Enhances penalty for offences relating to accident to- imprisonment of up to 6 months and/or fine up to Rs. 5000 for first offence and imprisonment up to 1 year and/or fine up to Rs. 10000 for second offence.

46.

Section 71

Section 189 of the MV Act

Enhances penalty for racing and speeding to- imprisonment of up to 1 month and/or fine up to Rs. 500 for first offence and imprisonment up to 1month and/or fine up to Rs. 10000 for second offence.

47.

Section 72

Section 190 of the MV Act

Enhances various penalties for using vehicle in unsafe condition.

48.

Section 73

Section 191 of the MV Act

Deletes Section 191 of the Motor Vehicles Act.

49.

Section 75

New Section inserted After Section 192A of the MV Act

Enhances penalty for using vehicles without permit to- imprisonment of up to 6 months and/or fine up to Rs. 10000 for first offence and imprisonment up to 1year and/or fine up to Rs. 10000 for second offence.

50.

Clause (B)(i) of Section 77

Section 193(1) of the MV Act

Enhances penalty for agents and canvassers for acting without proper authority.

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

51.

Section 78

Section 194 of the MV Act

Enhances various penalties for driving vehicle exceeding permissible weight.

52.

Section 79

New Section inserted after Section 194 of the MV Act

194 A, B, C,D, E, F

New penalties prescribed for- carriage of excess passengers, failure to use safety belts and seating of children, violation of safety measures for motor cycle drivers and pillion riders, refusal to stop and submit vehicle for weighing, use of phones in silent zones and failure to allow free passage to emergency vehicles.

53.

Section 80

Section 195 of the MV Act

Deletes Section 195 of the Motor Vehicles Act.

54.

Section 81

Section 196 of the MV Act

Enhances penalty for driving uninsured vehicle from a fine of Rs. 1000 and/or punishment up to 3 months to of Rs. 2000 and/or imprisonment up to 3 months for the first offence and fine of Rs. 4000 and/or imprisonment up to 3 months for the second offence.

55.

Section 82

Section 197 of the MV Act

Enhances fine for taking vehicle without lawful authority and seizing motor vehicle by force from Rs. 500 to Rs. 5000.

56.

Section 83

Section 198 of the MV Act

Enhances fine for unauthorised interference with vehicle from Rs. 100 to Rs. 1000.

57.

Section 84

New section inserted after section 198

Section 198A of the MV Act 2019

New penalty of fine of up to Rs. 1,00,000 for failure to comply with standards for road design, construction and maintenance

58.

Section 85

New section inserted after section 199

Section 199A and 199B of the MV Act 2019

New punishment for offences by juveniles of- fine of Rs. 25,000 and imprisonment up to 3 years and cancellation of registration of motor vehicle for 12 months; juvenile becomes ineligible to obtain learners’ license until the age of 25 years. Annual increase of all fines prescribed under the Act up to 10%.

59.

Section 86

Section 200 of the MV Act

Allowing compounding of certain offences and enabling State Governments to require

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Sections of MV(Amendment) Act 2019

Motor Vehicles Act, 1988

Summary of Amendment

the offender to undertake a period of community service for an offence to be compounded, in addition to payment of compounding fees.

60.

Section 87

Section 201 of the MV Act

Enhancing penalty for causing obstruction to free flow of traffic from a fine of Rs. 50 per hour to Rs. 500.

61.

Section 89

New Sections Inserted after Section 210

Section 210A of the MV Act 2019 Section 210B of the MV Act 2019 Section 210C of the MV Act 2019 Section 210D of the MV Act 2019

Empowering-
Governments
penalties by
multiplier between 1 to 10 for each fine; Central and State Governments to make certain Rules. Prescribing penalty for Offence committed by enforcing authority;

State to increase notifying a

62.

Clause (i)(a) and Clause (ii) of Section 91

Section 212(4) and (5) of the MV Act

Publication, commencement and laying of rules and notifications.

63.

Section 92