This article is written by Debamita Ray of 5th Semester of Amity University, Kolkata, an intern under Legal Vidhiya
Abstract:
The Motor Vehicles Act, 1988, and the Motor Vehicles (Amendment) Bill, 2017 in India, are thoroughly compared in this paper. It looks at how the proposed revisions aim to address important concerns in vehicle standards, insurance, penalties, and fines, as well as road safety, licencing, registration, and traffic laws. The significance of these changes in improving pedestrian safety, child safety, vehicle inspections, road infrastructure, and the modernisation of the licence system is highlighted in the study. The possible effects of these modifications on enhancing traffic safety and lowering accidents are also covered. This paper emphasises the necessity for a dynamic legislative response to the changing issues in India’s road transport system, one that prioritises accountability, safety, and efficiency. The paper also touches on significant judgements pertaining to the Motor Vehicles Act, 1988.
Keywords: Motor Vehicles Act, 1988, road safety, licensing and registration, traffic rules, vehicle standards, insurance, penalties and fines, compensation for accident victims, regulatory authorities motor vehicles amendment, pedestrian safety, child safety vehicle inspections, road infrastructure accountability driving license system modernization.
Introduction:
The Motor Vehicles Act, 1988, is a far-reaching lawful system that oversees different features of street transportation in India. It assumes an urgent part in managing motor vehicles’ activity, enrolment, permitting, and utilization while underscoring street security and productive transportation. With its essential goal being the advancement of street security and the deliberate direct of street transport, the Act incorporates some important parts.
To establish a thorough legal framework for road safety in India, the Motor Vehicles (Amendment) Bill, 2017 was tabled to alter the Motor Vehicles Act, 1988. On April 10, 2017, the Lok Sabha approved the bill; it is currently awaiting action in the Rajya Sabha.
The updated draught includes provisions for taxi aggregators, third-party insurance, computerization of licencing authority, and other factors. Additionally, a National Road Safety Board is provided for. The bill would transfer the licence application process online in an effort to do away with middlemen. Automated driving licence exams will be offered, and online learner’s licences will be distributed.
In this measure, the existing fines for violating traffic laws have been raised. As an illustration, the penalty for operating a vehicle without a valid licence has raised from Rs. 500 to Rs. 5,000. To lower accident rates, the measure also calls for harsher sanctions for traffic infractions.[1][2]
COMPARISON OF PROVISIONS OF MOTOR VEHICLES ACT,1988 AND MOTOR VEHICLES (AMENDMENT) BILL, 2017[3]:
I. SAFETY OF PERSONS UTILISING NON MOTORISED MODES OF TRANSPORTATION INCLUDING WALKERS :
Motor Vehicles Act, 1988: There are as of now no arrangements in the Motor Vehicles Act (MVA) for the security of people on foot and non-mechanized street clients.
Motor Vehicles (Alteration) Bill, 2017:
Amendments to section 138 of MVA[4] proposes the inclusion of new sub-section (1A), which provides the ability to State Government to direct the exercises of people on foot and non-mechanized street clients in a public spot. The correction proposes States to manage the exercises of walkers and non-mechanized street clients.[5]
Analysis:
The proposed amendment emphasises the value of giving State Governments the authority to regulate activities involving pedestrians and other non-motorized road users. Regulations can be adjusted because state governments are better positioned to meet the unique issues and needs of their regions. Decentralisation may result in more sensible policies that take context into account. By restricting their actions, the amendment also seeks to increase the safety of walkers and other non-motorized road users. To ensure their safety, measures like designated pedestrian areas, crosswalks, and traffic lights might be put in place. It is essential for effective traffic management to control the actions of pedestrians and other non-motorized road users, as this promotes smoother traffic flow and lessens conflicts with motorised vehicles. By making State Governments accountable for pedestrian safety and regulation, the proposed amendments also foster accountability.
II. ENSURING CHILDERN’S SAFETY WHILE THEY ARE TRAVELLING :
Motor Vehicles Act, 1988: There are no arrangements to safeguard youngsters during drive.
Motor Vehicles (Amendment) Bill, 2017:
• The inclusion of section 194B[6] makes it compulsory for each kid to be gotten by a seat belt or on the other hand a youngster limitation framework. Moreover, the section likewise accommodates grown-up responsibility for not seating youngsters in a protected way with a punishment of Rs. 1000.
• Amendment to section 129[7] (Wearing of defensive headgear) recommends that each youngster over the age of four years being carried on a cruiser should wear a cap, the plan, and determinations of which might be recommended by the Focal Government. In addition, with the inclusion of clause (aa) in segment 137 (2)[8], the Focal Government occasionally, can accommodate.
Analysis:
guidelines of defensive stuff, and measures for security of youngsters underneath the age of four years old riding under section 129.
- The Motor Vehicles (Revision) Bill of 2017 introduced significant kid passenger safety regulations, including:
- Children must use seat belts or child restraint devices, and adults who disobey the law are subject to fines under Section 194B.
- Children above the age of four who are riding motorbikes must wear safety helmets, according to an amendment to Section 129.
- Section 137(2) gives the Central Government the authority to create safety regulations for children under the age of four.
III. VEHICLE RETRIEVALS:
Motor Vehicles Act, 1988: Presently there is no arrangement to review vehicles that are old or are destructive to the environment or don’t fulfil security guidelines.
Motor Vehicles (Amendment) Bill, 2017: New arrangements 110A and 110B[9] to engage central Government to review vehicles which don’t fulfil guidelines and it likewise accommodates foundation of testing organizations for giving declarations of endorsement.
Analysis
Routine vehicle inspections and handling old and potentially dangerous vehicles are not covered by the 1988 Motor Vehicles Act. This hole may encourage the ongoing use of risky and noncompliant cars, endangering the environment and other road users.
The 2017 Motor Vehicles (Amendment) Bill, in contrast, makes considerable advancements. The central government is empowered by Section 110A to examine vehicles that don’t adhere to safety or environmental standards and to take enforcement action against those vehicles. Through inspections, Section 110B creates a structure for testing organisations to guarantee that vehicles adhere to specifications. These modifications offer a methodical approach to vehicle inspection and evaluation, improving road safety and lowering the environmental effect of old and inefficient vehicles.
IV. DEFICIENT ROAD PLANNING, ENGINEERING, AND UPKEEP WILL BE SUFFERED SEVERE PENALTIES
Motor Vehicles Act, 1988: There is presently no arrangement which holds street workers for hire and community.
organizations responsible for flawed street plan and non-upkeep of streets prompting mishaps.
Motor Vehicles (Amendment) Bill, 2017: Section 198A[10] is to hold street project workers, experts, or concessionaires responsible for flawed street plan, development and upkeep and inability to do as such will lead them to being fined up to Rs. one lakh.
Analysis:
‘Designing/planning shortcoming’ caused 1289 mishaps in 2016, killing 589.
Be that as it may, no arrangement exists in the ongoing Engine Vehicles Act 1988, to expect street workers for hire to take responsibility for absconds in development and support. The inclusion of a part to punish project workers for flawed street plan and designing will guarantee a responsibility structure other than working on the nature of the streets. Presently, workers for hire pull off defective streets as there is no responsibility system in place.
V. A SIMPLE, CENTRALLY MANAGED, AND EFFECTIVE SYSTEM FOR ISSUING DRIVING LICENCES
Motor Vehicles Act of 1988:Chapter II of the Motor Vehicles Act of 1988[11] (MVA) deals with the licencing of drivers of motor vehicles.
• Under the current Act, it was possible for someone to hold numerous licences from various States because there was no centralised database of all driving permits and motor vehicles in India.
• If a driving licence applicant has a driving certificate issued by a facility recognised by the State Government, they are exempt from taking the test of competence under the second proviso to Section 9 (3)[12].
• Applicants must meet minimal academic requirements in order to operate a transport vehicle.
Motor Vehicles (amendment) Bill, 2017:
• The authorizing framework would be digitized, and the distinguishing proof of the candidate would likewise be connected according to the UID instrument.
• Least instructive capabilities for transport drivers given under Section 9(4)[13] has been overlooked.
• By the inclusion of sub-section (5) in section 12[14], the need of having a permit to drive a light motor vehicle for no less than one year prior to applying for a students’ permit to drive a vehicle has been taken out. A candidate can now straightforwardly apply for the class of vehicle where he has gotten preparing through an authorize school.
• The reestablishment of transport licenses under Section 14 (2) (a)[15] has been expanded to a long time from three years. The reestablishment of transport licenses for driving vehicles with unsafe products has been expanded to a long time from one year subject to such circumstances as might be endorsed by the Central Government.
• To work with the award of licenses in a straightforward and productive way, addition of Section 25A[16] accommodates the foundation of Public Register for Driving Licenses containing information on all driving licenses gave all through India. The arrangement additionally accommodates the State Registers to be subsumed in the public register. It determines that no driving permit will be legitimate except if it has been given a one-of-a-kind driving permit number under the Public Register of Driving Licenses.
• The exception from stepping through the exam of competence on the off chance that the candidate delivers an endorsement from a laid-out school allowed in the second stipulation to Section 9 (3)[17] has been overlooked.
• The renewal time of a permit has been fixed at time periods years (forty years and fifty years) after the age of thirty years. The recharging time frame subsequent to accomplishing the age of 55 years has been fixed at regular intervals.
• Amendment to Section 19[18] accommodates the permitting position to exclude an individual from holding a permit and spot his name in open space except if he effectively finishes a driver boost instructional class from a laid out school after a specific number of offenses.
• Section 27 of the Constitution[19] grants the Central Government the ability to enact regulations regarding: – The form and method in which the licencing authority shall grant licences
– The means of putting a licence holder’s name in the public domain for disqualification owing to a specified number of offences; – The curriculum and training modules for the regulation of seminaries and establishments appertained to in Section 12[20]
The topics mentioned in Section 25A[21], such as the upkeep of National Registers for drivers’ licences, include the type, curriculum, and length of driver refresher training courses.
Analysis:
The Amendment Bill omits the requirement that a person be proficient in operating an LMV for at least a year before moving on to an HMV, subject to receiving formal training for that class of vehicle from an accredited academy or establishment. This is because operating a transport vehicle requires specialised skills.
• Given that HMVs are involved in a high number of accidents, Section 14’s increase in the renewal term for driving transport vehicles without any required training or testing is harmful to the safety of road users.
• Section 14[22] has changed the renewal period for carrying hazardous products from one year to three years, provided that the applicant completes a refresher training programme that is prescribed by the Central Government.
VI. ENROLLMENT OF NEW MOTOR VEHICLES BY AUTOMOTIVE DEALERS
Motor Vehicles Act, 1988: Under Section 41[23] of the current Act, vehicle vendors can’t complete registration of motor vehicles.
Motor Vehicles (Amendment) Bill, 2017:
• The revision proposed for Section 41[24] will currently empower the vehicle sellers to register new vehicles.
• The recently enrolled vehicles will have discernible enlistment marks
• There is likewise an arrangement that fixes punishments for vendors who neglect to properly enrol a vehicle or vacillate in
their obligations. Such vendors can be fined for up to Rs. 15,000/ –
VII. RIGOROUS CONTROL OF LARGE COMMERCIAL VEHICLES, INCLUDING TRUCK, BUS, AND LORRIES
Motor Vehicles Act, 1988: Least educational capabilities for drivers of transport vehicles are given under Area 9 (4)[25] of the main Act.
• A students’ permit to drive a vehicle is conceded just when the candidate has a permit to drive a light engine vehicle for no less than one year gave under Section 7.
Motor Vehicles (Amendment) Bill, 2017:
• Least educational capabilities for transport drivers given under Area 9 (4) has been discarded.
• By the addition of sub-section (5) in Section 12[26], the need of having a permit to drive a light motor vehicle (LMV) for no less than one year prior to applying for a students’ permit to drive a vehicle has been eliminated. A candidate can now straightforwardly apply for the class of vehicle in which he has gotten preparing through a licensed school.
• Amendment to Section 72[27] (Grant of stage Carriage permit) provides the capacity to the Territorial Power to defer any condition endorsed in the segment to get a license for a phase carriage
in rustic regions. The circumstances recommended in section 72 incorporate.
(I) The most extreme number of travellers and the greatest load of gear that might be
conveyed.
(ii) Least and most extreme number of day-to-day trips that might be given
(iii) Details of endorsed body codes
• The Bill proposes computerized wellness testing for transport vehicles with impact from first October 2019.
Analysis:
Amendment to Section puts an obligation on the State government to focus on the security of street.
- clients and guarantee free progression of traffic while assigning parking zones.
- Several amendments to the Motor Vehicles Act of 1988 were made by the 2017 Motor Vehicles (Amendment) Bill.
- removing the requirement for transport drivers to have a degree could make the job more accessible.
- Eliminated the necessity for a one-year LMV licence prior to requesting a transport vehicle learner’s permit, thus simplifying licencing.
- gave territorial authorities the authority to change the requirements for licences for stage carriages in rural areas.
- digital fitness assessment was implemented for transportation vehicles to increase efficiency.
- Stressed to the point that it was the state’s responsibility to designate parking zones in a way that promotes traffic flow and road safety.
The impact of these modifications, which attempted to modernise and streamline legislation, depended on how well they are put into practise and upheld.
VII. TOUGH PENALTIES FOR DRIVING WHILE IN EXCESS, GOING TOO FAST, AND VIOLATING HELMET AND SEAT BELT REGULATIONS
Motor Vehicles (Amendment) Bill, 2017:
Every one of the alterations in the MV Bill in the offenses and punishments section try to give rigid punishments for grave offenses like alcoholic driving, over-speeding, safety belts and helmets and so on.
Analysis:
The Motor Vehicles (Amendment) Bill of 2017 focuses on enacting harsher punishments for significant traffic offences such driving while intoxicated, driving too fast, and failing to wear a seat belt or helmet. This strategy demonstrates a strong commitment to enhancing traffic safety and lowering accidents brought on by these risky behaviours.
The Act attempts to operate as a deterrent, preventing people from engaging in unsafe behaviours while driving, by stiffening the penalty for these offences. By enforcing harsher penalties, it is hoped that more individuals will prioritise safety and adhere to the law, ultimately resulting in fewer traffic fatalities and accidents.
IX. MODIFICATION OF PENALTIES
Motor Vehicles Act, 1988: There exists no arrangement for a consistent increment of fine with the goal that the fines are steady with the changing expansion levels.
Motor Vehicle (Amendment) Bill, 2017: another new Section 199B[28] is to effectuate a fixed expansion in all fines under the Demonstration @10% on a yearly premise on the first day of April consistently.
Analysis:
A new clause (Section 199B) was added to the 2017 Motor Vehicle (Amendment) Bill to address the issue of static fines by implementing an annual 10% increase in fines on April 1. This adjustment makes sure that fines continue to rise in step with prices, maintaining their dissuasive power and enhancing traffic safety.
X. CRIMES BY JUVENILES
Motor Vehicles Act, 1988: With requirement being a state subject, the ongoing situation concerning electronic enforcement contrasts across States.
Motor Vehicles (Amendment) Bill, 2017: The inclusion of new Section 136A[29] puts the obligation on the Central Government to make rules for the electronic checking and implementation of street security. State Legislatures will guarantee the execution of the equivalent.
Analysis:
With this adjustment, electronic enforcement practises for road safety across the nation are meant to be standardised and streamlined. It aims to develop a more standard and effective approach to electronic enforcement by centralising the rule-making process and integrating state agencies in implementation, potentially improving road safety and traffic law enforcement on a national level.
XI. RASH DRIVING
Motor Vehicles Act, 1988: Under the ongoing act, permitting unapproved people to drive a vehicle welcomes a punishment of Rs. 1000/ – and additionally detainment of as long as 90 days. Sporadically, arrangements of the Indian Penal Code (IPC) are summoned in cases including passing or injury, for example, Section109 (Abetment) of the IPC read with either Section 304 II/Area 304A in the event of death or Section 337-339 of the IPC in the event of injury.
Motor Vehicles (Amendment) Bill, 2017: The correction Bill under Section 199A[30] summons grown-up responsibility by proposing punishments for the watchman/proprietor of the vehicle for offenses committed by Juveniles. The proprietor of the vehicle will be blameworthy with a fine of Rs. 25000/ – and additionally detainment of as long as 3 years, while the Juvenile will be attempted under JJ Act. Furthermore, the registration of said motor vehicle will be dropped. The obligation to prove anything will lie on the proprietor.
Analysis:
According to the Ministry of traffic Transport and Highways, there were 18,738 and 5,383 fatal traffic accidents involving juvenile drivers in 2016 alone.
While enabling “unauthorised persons” to operate a vehicle is punishable under the current Act, the proposal wants to include “juveniles”. The fine for the same offence has been increased by 25 times, and the sentence has been lengthened by 12 times. In addition to the higher fines, the cancellation of the car’s registration 2 Ministry of Road Transport and Highways, Transport Research Wing, “Road Accidents in India,” can guarantee that parents do not let their children operate a vehicle.
XII. SANCTIONS FOR VEHICLE CONSTRUCTION AND UPKEEP VIOLATIONS
Motor Vehicles Act, 1988: The current meaning of driving hazardously has a thin extension that does not consider normal traffic offenses, for example, hopping red lights and utilizing cell phones while driving. Besides, considering the idea of offenses, the current fine endorsed is a small rupee 1,000.
Motor Vehicles (Amendment) Bill, 2017: Other than upgrading punishments for risky driving, the change to section 184[31] has likewise widened the extent of the meaning of “perilous driving” to incorporate the demonstrations that are viewed as driving in way hazardous to general society, for example, hopping a red light, disregarding a stop sign, utilization of hand-held specialized gadgets while driving, driving against the progression of traffic, and passing or overwhelming any engine vehicle in a way in spite of regulation.
Analysis:
By extending the definition of “dangerous driving” to include a wider variety of behaviours that pose hazards to public safety, the Motor Vehicles (Amendment) Bill, 2017, makes substantial modifications to the Motor Vehicles Act, 1988. This includes infractions including running red lights, failing to stop at stop signs, driving while using a handheld device, and driving against the flow of traffic. By deterring certain behaviours, these modifications attempt to improve road safety by addressing common traffic infractions. The increased penalties for dangerous driving serve as a deterrent and encourage cautious driving, which eventually improves road safety in India.
XIII. NATIONAL BOARD OF ROAD SECURITY
Motor Vehicles Act, 1988: The current discipline for offenses connecting with development and support of vehicles gave under section 182A[32] is rupees 1,000 for the primary offense and rupees 5,000 for any resulting offense.
Motor Vehicles (Amendment) Bill, 2017: Alteration to section 182A upgrades punishments for contradiction of section VII (Development and support of vehicles) by makers, sellers, shippers, and proprietors of motor vehicles. It likewise gives a punishment to enlistment and issuance of testament of wellness to larger than usual vehicles.
• The punishment available to be purchased or proposing to sell or modify in negation of section VII will be a detainment of as long as one year or a fine which might reach out to one lakh rupees.
• The punishment for neglecting to follow the arrangements of part VII[33] during produce will be a term which might stretch out to one year or a fine which might reach out to rupees 100 crore.
• The punishment to propose to sell or sell wellbeing parts not in consistence with section VII will be a detainment of one year and a fine which might stretch out to one lakh rupees.
Analysis:
Raising the fines for the manufacture and upkeep of motor vehicles to rupees 100 crore will make sure that manufacturers are held responsible for any flaws in the vehicle.
XIV. AGGREGATORS OF TRANSPORT
Motor Vehicles Act, 1988: There is right now no arrangement for a public body for street security.
Motor Vehicles (Amendment) Bill, 2017:The proposed new Section 215D[34] lays out a Public Street Security Board. The Board will deliver exhortation to the Association as well as State Government on all parts of street security and traffic the executives including the guidelines of street plan, vehicle support, street upkeep, reasonable use of street transport, wellbeing of weak street clients, street development innovation, engine vehicle principles, and so forth.
XV. AGENDA FOR NATIONAL TRANSPORTATION:
Motor Vehicles Act of 1988: The current Act doesn’t recognise transportation aggregators like cab service companies and other similar businesses.
Motor Vehicles (Amendment) Bill, 2017: Transport aggregators are now formally recognised under Section 93 of the Motor Vehicles (Amendment) Bill of 2017[35].
XVI. NATIONAL TRANSPORTATION POLICY:
Motor Vehicles Act, 1988: There are no provisions in the Motor Vehicles Act of 1988 for creating a national transportation strategy.
Motor Vehicles (Amendment) Bill, 2017: New clauses 66A and 66B[36] in the Motor Vehicles (Amendment) Bill of 2017 provide the Central Government the authority to carry out a National Transport Policy after consulting with the States.
XVII. INCREASE OF PENALTY:
Motor Vehicles Act, 1988: There is no arrangement set up for the State Governments to increase any punishments.
Motor Vehicles (Amendment) Bill, 2017:
• The proposed Section 210A[37] enables the State Legislatures to determine a “multiplier” (not less than one and not more prominent than ten) to be applied to each fine.
• Section 210B[38] likewise forces a punishment on any upholding authority under this Demonstration. It would need to pay two times the punishment relating to that offense under the Demonstration.
Analysis:
The Motor Vehicles (Amendment) Bill, 2017, makes major adjustments to the way penalties are applied. It gives state legislatures the authority to set a multiplier for fines, giving them the freedom to increase fines up to a certain number (1–10). It also imposes sanctions on the enforcement agencies for any infractions, highlighting the gravity of following the law and promoting stricter enforcement of traffic regulations.
XVIII. REIMBURSEMENT IN HIT-AND-RUN CASES
Motor Vehicles Act, 1988: According to the Motor Vehicles Act of 1988, victims of hit-and-run accidents are currently entitled to compensation of Rs. 12,500 for severe injuries and Rs. 25,000 for fatalities.
The 2017 Motor Vehicles (Amendment) Bill : The proposed change to Section 161[39] of the Act is intended to raise the compensation in cases of severe damage to at least Rs. 50,000 and in cases of death to at least Rs. 2 lakhs.
Analysis:
In India, there were 55,942 hit-and-run accidents reported in 2016 alone, resulting in 22,962 fatalities (or 15.2% of all road accident fatalities). Given the high rate of hit-and-run incidents in India, the higher compensation will allow the victim/victim families to receive urgent financial support.
Landmark Judgements related to Motor Vehicles Act,1988 :
The oriental insurance co. ltd v. Hansrajbhai v. kodala and ors (2001)[40]:
In this instance, the issue was whether a claim for compensation under Section 163A based on a structured formula would be in addition to or a substitute for a claim for compensation under Section 140 of the MVA. The compensation awarded under Section 163A is a definitive remedy, according to the Court, not an interim one. As a result, the adjustment of compensation given under Section 140 is made in accordance with the fault liability concept and is not payable under Section 163A of the MVA. As a result, Section 163A prohibits the payment of damages based on responsibility, and the addition to claim damages under Section 163A is in addition to Section 140 was rejected by the court.
National Insurance Co. Ltd V. Sinthia and ors (2011)[41]:
In this instance, the court was asked to determine whether Section 163A of the MVA claims were subject to the no-fault or fault responsibility principles. The Court’s reasoning for its ruling in this case was that, unlike a claim under Section 140, any claim under Section 163A might be defeated by the person in question based on wrongdoing, negligence, or default. Although Section 140(3) is like the 163A provision that specifies that the aggrieved party need not prove the other party’s wrongdoing, negligence, or default, a provision corresponding to Section 140(4) is missing. This provides the opportunity for the opposing party to refute the assertion. This justification makes it clear that the defence has the burden of proof, and as a result, it is based on the fault principle. Additionally, the titles of both sections—”No fault” as opposed to “Third-party risks”—clearly indicate their intentions. The Court ruled that even while the structured formula basis was intended to be a quick fix, it can nonetheless result in a considerable claim and cannot, as in the case of the no-fault principle, be excluded from any defence. Section 163A’s overriding effect would still apply because it cannot be diminished.
Conclusion:
In conclusion, India’s road transport is significantly influenced by the Motor Vehicles Act, 1988, a comprehensive legal framework. It addresses the crucial imperatives of promoting road safety, regulating the licencing and registration of vehicles, defining strict traffic rules, ensuring compliance with vehicle standards, enforcing mandatory insurance coverage, imposing penalties for traffic violations, and establishing mechanisms for compensating accident victims with its multifaceted approach. It serves as the framework for the country’s road transport system, offering direction and structure to promote safer and more effective road networks. It became necessary to implement adjustments, such as those contained in the Motor Vehicles (Amendment) Bill, 2017, due to the constantly changing difficulties the Indian road transport sector faced. These suggested adjustments deal with several urgent issues that weren’t effectively covered before. To reduce accidents and ensure safer roads for everyone, the revisions first acknowledge the significance of pedestrian safety by granting state governments the authority to control the behaviour of pedestrians and other non-motorized road users. Second, the bill mandates the use of seat belts or other child restraint systems for children and the use of helmets by young motorbike riders to ensure their safety while travelling. The protection of the most vulnerable road users depends on these requirements. Thirdly, the measure adds procedures for car recalls and inspections, filling the void left by the 1988 Act, which did not include a way to deal with ageing and ecologically problematic automobiles. This encourages respect for the environment and traffic safety.
Fourthly, the measure establishes accountability for concessionaires, consultants, and road contractors, holding them accountable for improperly designed, built, and maintained roads. This action guarantees an improvement in road condition, lowering accidents brought on by poor infrastructure.
The measure also upgrades the issue and administration of driving licences by introducing digitalization and a centralised database to the licencing system. This not only increases productivity but also lowers the possibility of people having numerous licences, improving traffic safety.
In essence, the Motor Vehicles (Amendment) Bill, 2017, and the proposed revisions to the Motor Vehicles Act, 1988, together reflect a dynamic reaction to the difficulties and demands that the Indian road transport ecosystem faces on a continuous basis. These legislative tools aim to develop a road network that not only enables transport but also assures the safety of all road users and the environment by placing a strong emphasis on responsibility, safety, and efficiency.
[1]“The Hindu Explains: The Motor Vehicles Amendment Bill, 2017,” The Hindu (July 27, 2017), https://www.thehindu.com/news/national/the-hindu-explains-the-motor-vehicles-amendment-bill-2017/article61512526.ece.
[2] “Motor Vehicles Act,” Wikipedia (last visited [04.08.23]), https://en.wikipedia.org/wiki/Motor_Vehicles_Act.
[3] 1.Swaniti Initiative, “Brief Note on the Motor Vehicles Amendment Bill, 2017” (October 2022), https://www.swaniti.com/wp-content/uploads/2022/10/Brief-Note-on-the-Motor-Vehicles-Amendment-Bill-2017.pdf.
2.IAS Parliament, “Motor Vehicles (Amendment) Bill, 2017,” https://www.iasparliament.com/current-affairs/motor-vehicles-amendment-bill-2017-1.
3.Vikaspedia, “Motor Vehicles (Driving Regulations), 2017,” https://vikaspedia.in/social-welfare/social-awareness/consumer-education/safe-driving/motor-vehicles-driving-regulations-2017.
[4] Motor Vehicles Act, 1988, § 138
[5] Motor Vehicles (Amendment) Bill of 2017, § 1A
[6] Motor Vehicles (Amendment) Bill of 2017, § 194B
[7] Motor Vehicles (Amendment) Bill of 2017, 129
[8] Motor Vehicles (Amendment) Bill of 2017, § 137(2)
[9] Motor Vehicles (Amendment) Bill of 2017, § 110 A and § 110 B
[10] Motor Vehicles (Amendment) Bill of 2017, § 198 A
[11] Motor Vehicles Act, 1988, ch. II
[12] Motor Vehicles Act, 1988, § 9(3), second proviso
[13] Motor Vehicles (Amendment) Bill of 2017, § 9(4)
[14] Motor Vehicles (Amendment) Bill of 2017, 12(5)
[15] Motor Vehicles (Amendment) Bill of 2017, § 14(2)(a)
[16] Motor Vehicles (Amendment) Bill of 2017, § 25A
[17] Motor Vehicles (Amendment) Bill of 2017, § 9(3)
[18] Motor Vehicles (Amendment) Bill of 2017, § 19
[19] Constitution of India, art. 27
[20] Motor Vehicles (Amendment) Bill of 2017, § 12
[21] Motor Vehicles (Amendment) Bill of 2017, § 25A
[22] Motor Vehicles (Amendment) Bill of 2017, § 14
[23] Motor Vehicles Act, 1988, § 41
[24] Motor Vehicles (Amendment) Bill of 2017, § 41
[25] Motor Vehicles Act, 1988, § 9(4)
[26] Motor Vehicles (Amendment) Bill of 2017, § 12(5)
[27] Motor Vehicles (Amendment) Bill of 2017, § 72
[28] Motor Vehicles (Amendment) Bill of 2017, § 199B
[29] Motor Vehicles (Amendment) Bill of 2017, § 136(A)
[30] Motor Vehicles (Amendment) Bill of 2017, § 199A
[31] Motor Vehicles (Amendment) Bill of 2017, § 184
[32] Motor Vehicles Act, 1988, § 182A
[33] Motor Vehicles (Amendment) Bill of 2017, Part VII
[34] Motor Vehicles (Amendment) Bill of 2017, § 215D
[35] Motor Vehicles (Amendment) Bill of 2017, § 93
[36] Motor Vehicles (Amendment) Bill of 2017, § 66A and § 66B
[37] Motor Vehicles (Amendment) Bill of 2017, § 210A
[38] Motor Vehicles (Amendment) Bill of 2017, § 210B
[39] Motor Vehicles (Amendment) Bill of 2017, § 161
[40] The Oriental Insurance Co. Ltd. v. Hansrajbhai V. Kodala and Ors., 2001. Insert URL: https://indiankanoon.org/doc/190580/.
[41] National Insurance Co. Ltd. v. Sinthia and Ors, 2011. https://indiankanoon.org/doc/877826/
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