Sunday 8 September 2019

Motor Vehicles (Amendment) Act, 2019

The Motor Vehicles Act, 1988 was enacted with a view to consolidate and amend the laws relating to motor vehicles. The Act was enacted to give effect to the suggestions made by the Supreme Court in M.K. Kunhimohammed Vs. P.A. Ahmedkutty. The Act was amended several times to adapt to the technological upgradation emerging in road transport, passenger and freight movement and in motor vehicle management.

However, with rapidly increasing motorisation, India is facing an increasing burden of road traffic injuries and fatalities. The emotional and social trauma caused to the family which loses its bread winner, cannot be quantified. India is signatory to the Brasilia Declaration and is committed to reduce the number of road accident fatality by fifty percent by the year 2020. The road transport sector also plays a major role in the economy of the country. So, in order to improve road safety and transport system, Motor Vehicles (Amendment) Act, 2019 has been enacted.

The Motor Vehicles (Amendment) Act, 2019 alongwith other provisions has provided for steeper penalties and fine for violating any traffic rule. The detail of major offences under the Act alongwith the respective old/new penalty has been provided herewith.

Section
Offence
Old Penalty
New Penalty
177
For Contravention of any provision of Act, where no penalty has been provided
For first offence: Rs 100
For second and subsequent offences: Rs. 300
Rs. 500

Rs. 1,500
177A
Contravention of Road Regulations issued under Section 118
Rs. 100
Rs. 500 up to Rs. 1,000
178
Travelling without a ticket
Rs. 200
Rs. 500
179
Disobedience of orders of authorities
Rs. 500
Rs. 2,000
180
Unauthorized use of vehicles without licence
Rs. 1,000
Rs. 5,000
181
Driving without licence
Rs. 500
Rs. 5,000
182
Driving without qualification
Rs. 500
Rs. 10,000
182B
Oversized vehicles
New
Rs. 5,000 up to Rs. 10,000
183
Over speeding
Rs. 400
Rs. 1,000 up to Rs. 2,000 for LMV

Rs. 2,000 up to Rs. Rs. 4,000 for Medium Passenger Vehicle/Medium Goods Vehicle/ Heavy Goods Vehicle/ Heavy Passenger Vehicle
184
Dangerous driving penalty
Rs. 1,000
Rs. 1,000 up to Rs. 5,000 and/or 6 months to 1 year of imprisonment
185
Drunken driving
For first offence: Rs. 2,000
For subsequent offences: Rs. 3,000
Rs. 10,000

Rs. 15,000
186
Driving when mentally or physically unfit to drive
For first offence: Rs. 200
For subsequent offence: Rs. 500
Rs. 1,000

Rs. 2,000
189
Speeding/ Racing
Rs. 500
Rs. 5,000
192A
Vehicle without permit
Upto Rs. 5,000
Upto Rs. 10,000
193
Aggregators (violations of licencing conditions)
New
Rs 25,000 to Rs 1,00,000
194
Overloading
Rs. 2,000 and Rs 1,000 per extra tonne
Rs. 20,000 and Rs. 2,000 per extra tonne
194A
Overloading of Passengers
N.A.
Rs 200 per extra passenger
194B
Seat Belt
Rs. 100
Rs. 1,000
194C
Overloading of two-wheelers
Rs. 100
Rs. 1,000
Disqualified for holding licence for a period of 3 months
194D
Helmets
Rs. 100
Rs. 1,000
Disqualified for holding licence for a period of 3 months
194E
Not providing way for emergency vehicles
New
Rs 10,000 and/or Imprisonment for 6 months
196
Driving without insurance
Rs 1,000
For first offence: Rs. 2,000 and/or Imprisonment for 3 months

For subsequent Offence: Rs. 4,000 and/or Imprisonment for 3 months
199
Offences by Juveniles
New
Guardian/ Owner shall be deemed guilty. Rs 25,000 with 3 years imprisonment.
Juvenile to be tried under JJ Act.
Registration of Motor Vehicle to be cancelled.
206
Power of officers to impound documents
N.A.
Suspension of driving licence under Sections 183, 184, 185, 189, 190, 194C, 194D, 194E,
210B
Offences committed by enforcing authorities
N.A.
Twice the penalty under the relevant section

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