Motor Vehicles Act
The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act provides in detail the legislative provisions 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. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989. The Road Transport And Safety Bill Movement. The Road Transport and Safety Bill, 2014 envisioned providing a framework for safer , faster, cost-effective and inclusive movement of passengers and freight in India, thus enabling the mission of 'Make In India' following the death of the union minister Gopinath Munde in 2014. The bill proposed to set up the "Motor Vehicle Regulation & Road Safety Authority of India", an independent agency for vehicle regulation and road safety which would be legally empowered and accountable to Parliament. Later due to controversies listed down in the controversies section, The bill was subsequently replaced by the Motor Vehicles (Amendment) Bill, 2017. History and Amendments. Indian Motor Vehicles Acts, from 1914-2016. The "Indian Motor Vehicles  Act, 1914" was amended by the "Indian Motor Vehicles (Amendment) Act, 1920" (Act No. XXVII of 1920) passed by the Imperial Legislative Council. It received assent from the Governor General of India on 2 September 1920. The Act amended sections 11 and 18 of the 1914 Act. The Act was amended again by the "Indian Motor Vehicles (Amendment) Act, 1924" (Act No. XV of 1924). The Act received assent from the Governor General on 18 September 1924. It had the title, "An Act further to amend the Indian Motor Vehicles Act, 1914, for certain purposes" and amended section 11 of  the 1914 Act by inserting the words "and the duration for which" after the words "area in which" in clause (a) of subsection (2) of section 11. The motor vehicles act has again been amended in 1939, and replaced in 1988. The 1988 amendment was brought to address above mentioned statements of object and reasons. Indian Motor Vehicles (Amendment) bill, 2017. This will be a significant upgrade to the motor vehicle laws. It envisages body cams on traffic cops and RTO officials to check corruption and 7-year imprisonment instead of current 2 years for drink-driving deaths, mandatory 3rd  party insurance for all vehicles, and stiffer penalties for traffic violations to reduce the accident rates. The bill was passed by the Lok Sabha in April 2017 and sent to the Rajya Sabha, which referred it to a select committee in August 2017. The bill was again scrutinized by a joint standing committee composed of Transport ministers of 18 states of India. Indian Motor Vehicles (Amendment) Act, 2019. This is similar to the Indian Motor Vehicles (Amendment) bill, 2017, although, introduced later in 2019 so the name. The earlier bill has lapsed at the end of the last session of  16th Lok Sabha. The bill was re-introduced in the first session of 17th Lok Sabha by union transport minister Nitin Gadkari which is then passed by both the houses before the end of the session. Implementation of the Amended Law. As per the official notification issued by the central government on 28 August 2019, the 63 clauses of the Motor Vehicles (Amendment) Act,2019 to be implemented from 1 September 2019 as these clauses do not need any further modifications in the Central Motor Vehicles rules, 1989. These includes higher penalties for various traffic offences, national transportation policy among others . Title in brief. The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. Provisions of the act. Licensing of drivers of motor vehicles. No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle. by competitive authority appointed by the state in that behalf. Licensing of conductors or stage carriers. No person shall act as a conductor of a stage carriage unless he holds an effective conductor's licence issued to him authorising him  to act as such conductor, and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. A State Government may prescribe the conditions subject to which subsection shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act a conductor for a period not exceeding one month. Registration of Motor Vehicles. No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any  public place or in any other place unless the vehicle is registered to a registering authority.. Certificate of fitness for Transport Vehicles. A transport vehicle shall not be deemed to be validly registered unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station. Control of Transport Vehicles through permits. Stating no motor vehicle shall be used as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods  in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used. Construction, Equipment and Maintainace of Motor Vehicles. Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device  of a prescribed nature. the act gives power to central and state governments to make rules in this regard. Control of Traffic. The act mentions vehicular traffic control by ensuring following issues Limits of Speed. No person shall drive a motor vehicle of cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force. Limits of weight and limitations on use. The State Government may prescribe  the conditions for the issue of permits for by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic types. No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer – The unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle or  the laden weight of which exceeds the gross vehicle weight specified in the certificate or registration. also mentioned about parking places and haulting stations for motor vehicles to be determined by the state governments in consutations with local bodies having jurisdiction in the area concerned. Duty to obey traffic signs. Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged  in the regulation of traffic in any public place. Duty of owner of motor vehicle to give information. The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable attention be ascertained by him. Wearing of protective headgear. Every person driving or riding (otherwise than in a side  car, on a motor cycle of any class or description) shall, while in a public place, wear protective headgear conforming to the standards of Bureau of Indian Standards provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban : provided further that the State Government may, by such rules, provide for such exceptions as it may think fit. The Motor Vehicles Amendment Act, 2019 states that children above 4 years should wear a protective headgear. Safety  measures for drivers and pillion riders. No driver of a two – wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures. Duty to produce licence and certificate of registration. The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination. Duty of driver in case of accident and injury to a  person. When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall – (a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on  the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desired otherwise; (b) give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, or not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four  hours of the occurrence. (c) give the following information in writing to the insurer, who has Substituted by for and if necessary, convey him to the nearest hospital. Issued the certificates of insurance, about the occurrence of the accident, namely :- Insurance under Motor Vehicles (MV) Act. Important Definitions. ("a") "“authorised insurer"" means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India. (b) “certificate of insurance” means a certificate issued by an authorised insurer. (c) “third party” includes the Government, the driver  and any other co-worker on a transport vehicle. (d) “grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code. (e) “hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose (f)"" " hit and died bike accident"" " Necessity for insurance against third party risks. No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a  public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of (The provisions this section shall not apply to any vehicle owned by the Central Government or a State Government) -: Clarification -: The death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place. notwithstanding anything if  a person who is dead or injured or the property which is damaged was not in a public place at the time of the accident. Requirement of policies and limits of liability. 3. Notwithstanding anything contained under any other law for the time being in force, for the purposes of third party insurance related to either death of a person or grievous hurt to a person, the Central Government shall prescribe a base premium and the liability of an insurer in relation to such premium for an insurance policy in consultation with the Insurance Regulatory and Development Authority. 4. A  policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed. 5. A note in insurances issued before commencement of the Motor Vehicles (Amendment) Act, 2019, a policy of Insurance issued before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on the existing terms under the contract  and the provisions of Motor Vehicles (Amendment) Act, 2019 shall apply. 6. About Cover Note validity period -: Where a cover note issued by the insurer, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority or to such other authority as the State Government may prescribe. Settlement by insurance company and procedure therefor. (a) accepts such offer,— (i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and (ii) the payment shall  be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement; (b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.. (a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:–– (i) a condition excluding the use of the vehicle— (A) for hire or reward, where the vehicle is  on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward; or (B) for organised racing and speed testing; or (C) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle; or (D) without side-car being attached where the vehicle is a two-wheeled vehicle; or (ii) a condition excluding driving by a named person or by any person who is not duly licensed or by any person who has been disqualified for holding or obtaining a driving  licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or (iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or (c) that there is non-receipt of premium as required under section 64VB of the Insurance Act, 1938. 3. If on the date  of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insured. Settlement between insurers and insured persons. No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of  the nature referred to in clause (b) of sub-section (1) of section 147 of MV (Amendment) Act, 2019 shall be valid unless such third party is a party to the settlement. Compensations under MV act. Liability to pay compensation in certain cases on the principle of no fault. Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicles shall, or, as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensation  of INR fifty thousand and the amount of compensation payable under that sub-section in respect of the permanent disablement of any person shall be a fixed sum of INR twenty – five thousand. MV (Amendment) Act, 2019 insertions -: Salient features of Motor Vehicles (Amendment) Act, 2019. Motor Vehicle Accident Fund. A Motor Vehicle Accident Fund will provide compulsory insurance cover to all road users in India for certain types of accidents including Electronic monitoring and enforcement of road safety. This act mandates state governments to ensure the use of technology to detect traffic violations on national highways, state highways and  urban roads which includes speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology; having population up to such limits as may be prescribed by the Central Government. Also, this act specifies electronic fitness testing of vehicles. Changes in Driver's licence testing. Obtaining a driver's licence (DL) could get tougher. The process of obtaining a licence will become technology- driven, reducing human interface to curb corruption. Currently, licence testing is manual, which means untrained people are also able to procure a licence. National Register of DL. The Central Government shall maintain a National  Register of Driving Licences which assigns a unique driver's licence number without which no driver's licence shall be issued, or renewed. At the state level, a State Register of Driver's Licences shall be maintained by each state government. It will make the transfer of vehicles across states easy using the online system. Integration vehicle database all over India so that anyone who is transferred from one state to another state frequently gets the benefit of same. Use of Aadhar. This act states that Aadhar shall not be mandatory for obtaining a DL and to register a vehicle . Traffic Violations by Juveniles. In this regard, the guardians or owner of the vehicle would be held responsible unless they prove the offence was committed without their knowledge or they tried to prevent it.The registration of the motor vehicle in question will be cancelled. The juvenile will be tried under the Juvenile Justice Act. Online Learning Licence. As stated in this act, a licensing authority may issue a learner's licence in electronic form and such manner as may be prescribed by the Central Government. (TBA) National Transportation Policy. Creation of National Road Transport policy in concurrence with the  State Governments to Multimodal Facilitation. This act empowers Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods. Offences and Penalties. Penalties for various traffic violations have been increased ten-fold including jail terms. A driver's refresher training course required to get back your suspended DL. Powers given to state governments to increase fines up to ten times more than specified by the Central government. This act specifies an automatic increase in fines not more than 10% annually. Good Samaritan Law. The bill has provision for the protection of Good Samaritans which was  passed as Bill in 2016 by Supreme Court of India . Those who come forward to help accident victims will be protected from civil or criminal liability. It will be optional for them to disclose their identity to the police or medical personnel. Vehicles Recall. The government can recall vehicles whose components or engine do not meet the required standards or shown to be damaging the environment. National 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: (i) standards of motor vehicles, (ii) registration and licensing of vehicles, (iii) standards for road safety, and (iv) promotion of new vehicle technology. Taxi aggregators. The Bill defines aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes (taxi services). These aggregators will be issued licences by state. Further, they must comply with the Information Technology Act, 2000. Controversies. Tamil Nadu Government opposed the Road Transport and Safety Bill and asked centre to redraft it as bill encroaches upon the financial , legislative and administrative powers of state governments. A nationwide strike was called by various transport unions on 30 April 2015 to protest against the bill. West Bengal's transport ministry informed the state assembly on 27 August 2019 that the amended Motor Vehicles act will not be implemented in West Bengal since the state government is against the hefty fines proposed in the act.