A Study on Motor Vehicles Amendment Act, 2019

India’s constitution-makers created a constitution that is both rigid and flexible. The amendment procedure outlined in Article 368 is the most visible manifestation of our constitution’s adaptability. This allows the rules to work smoothly while being up-to-date. The Motor Vehicles (Amendment) Act 2019, which amended the old Act of 1988, was a major attempt to fulfil the spirit of the constitution. This amendment made significant changes to the previous Act. This article aims to give the reader a better understanding of the key amendments, the Salient Features of the Motor Vehicles Amendment Act, and the need for the Motor Vehicles Amendment Act.

Motor Vehicles (Amendment) Act, 2019

The Motor Vehicles (Amendment) Act 2019 went into effect on September 1st, 2019, and made rules more stringent for offenders, resulting in harsher punishment. This amendment has made it more difficult for those prone to breaking traffic laws.

Need for the Motor Vehicles Amendment Act

With every step towards increased urbanisation, it is evident that the traffic on roads has increased. Nowadays, each household in almost every city or town has at least one motor vehicle. With this increased traffic on roads, the probability of accidents increases. This probability matches with reality. The reasons are many, like negligent and rash driving, dishonouring the traffic rules, unavailability of an efficient enforcement mechanism for traffic rules, inefficient traffic police force etc. The Motor Vehicles Act’s recent Amendment was done keeping in view these factors. This Act majorly aims at ensuring road safety, compensation for the victims of accidents, third party insurance and the health of the vehicles. 

Salient Features of the Motor Vehicles Amendment Act

Let’s see the Salient Features of the Motor Vehicles Amendment Act, 2019.

1. Compensation for victims of road accidents:

The Bill raises the minimum compensation for hit-and-run cases as follows:

(i) in the event of death, from Rs 25,000 to Rs 2 lakh rupees.

(ii) from Rs 12,500 to Rs 50,000 in the case of serious injury.

2. Safety on the Road: 

This Amendment vigorously promotes the increased penalty for traffic rule violators. This is done hoping that the increased fine will make drivers more alert and cautious on the roads. This amendment establishes stricter penalties for offences such as juvenile driving, drunken driving, excessive speeding, overloading, and driving without a licence. This Amendment also increases the penalties for drivers who do not wear helmets.

3. Road Safety and Environmental Protection

If the vehicles are deemed unfit for road use due to environmental damage and thus endangering the health of others, they must be returned to the vehicle’s manufacturer. The manufacturers are directed by this amendment to take back these vehicles and to either reimburse or replace the defective vehicle with one of a similar make and model.

4. National Road Safety Board

Another significant feature of this Act is the provision for the establishment of a National Road Safety Board under the control of the central government. This board is supposed to advise state governments as well as the federal government on traffic management and road safety issues.

Benefits 

The following are the primary advantages of the amendment Acts:

• The main focus of this amendment is e-government. As a result, specific educational qualifications for obtaining transportation licences are no longer required. This provides online learning for licences and extends the validity period of the driver’s licence.
• The most significant benefit of this amendment for the average person is an increase in compensation for victims and their families and better and faster insurance facilities.
• Provisions have been made to improve the vehicle registration process by making it more convenient through the use of the ‘Sarathi’ and ‘Vahan’ platforms. Provisions have been made to allow vehicle registration at the dealer’s end. Temporary registrations have also been discouraged.
• The level of air pollution in cities is expected to decrease significantly with stricter rules on vehicle fitness.
• The system is expected to be more efficient and risk-free as a result of digitalisation and e-governance.

Conclusion: 

The Motor Vehicles (Amendment) Act of 2019 aims to amend the Motor Vehicles Act of 1988. This is in lieu of addressing some major issues such as road safety, third-party insurance, and so on. Cab guidelines have also been issued, which will be finalised later. To improve efficiency, some related services, such as licence issuance, address changes, and receipt issuance have been digitised. State governments are required to monitor state highways, national highways, and urban roads in real-time via electronic means. Significant changes are also made to the compensation schemes and insurance provisions. All of this has benefited Indian drivers, though some have expressed concern about the erosion of state autonomy.