Motor Vehicle Amendment Act, 2019 | Summaries Law of Torts

PRESENTATION

The Motor Vehicles (Amendment) Bill, 2019 is based on the recommendations of the Group of Transport

Ministers (GoM) of States constituted by the Ministry of Road Transport & Highways. On 15th july, 2019,

The Motor Vehicle (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister for Road,

Transport and Highways, Mr. Nitin Gadkari and the Lok Sabha passed the Bill on the 23rd of 2019 to

amend the provisions under Motor Vehicle Act of 1988. Finally, The Rajya Sabha on 31th July, 2019

passed the Motor Vehicles (Amendment) Bill, 2019. The Bill seeks to amend the Motor Vehicle Act,

1988 to provide for road safety. Since, this bill has amended The Motor Vehicle act 1988. So, I am going

to introduce The Motor Vehicle Act 1988. The Act was enacted to give effect to the suggestions made by

Supreme Court in the case of “M. K. Kunhimohammed v. P. A. Ahmedkutty”. In this case, certain

suggestions have made to raise the limit of compensation payable as a result of motor accidents and

compensation depending upon the class or type of vehicles involved in the accident. Under sec 2 of this

Act, the definition of Motor Vehicle, Driver, Owner, Public Place etc. are mentioned that helps to

understand the Act properly. Now there a question arises that why this Act was amended so many times

and why there is need of this new motor vehicle amendment bill 2019..because, there is need of

technological upgradation in road transport, passenger and freight movement and in motor vehicle

management. With rapidly increasing motorisation, India is facing an increasing burden of road traffic,

injuries and fatalities and you can see this in some cases of motor vehicle (K. Gopalakrishnan v.

Sankara Narayanan , Jawahar Singh v. Bala Jain , V. Rani v. New India Assurance

Co. Ltd. , National Insurance Co. Ltd. v. Vidhyadhar Maharinwala). In these cases, you

can see that there is some negligence of owner or the driver of the vehicle. So, in order to improve road

safety and transport system, certain amendments are required to be made in the Motor Vehicles Act, 1988

to address safety and efficiency issues in the transport sector. So, there is some need to amend the Motor

Vehicles Act, 1988. That’s why the new Bill named as Motor Vehicle (Amendment) Bill, 2019 was

proposed to seek to address the issues relating to road safety, citizen facilitation, strengthening public

transport, automation and computerisation.

Now moving again on the topic motor vehicle amendment bill 2019. Bill mainly focous on

issues relating to improving road safety and citizens’ facilitation. The bill has mainly describes about the

vehicle fitness, road safety board, recall of vehicle, motor vehicle accident fund, third party insurance,

protection of good Samaritan, and reforms in transport system etc. The Bill mandates automated fitness

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PRESENTATION The Motor Vehicles (Amendment) Bill, 2019 is based on the recommendations of the Group of Transport Ministers (GoM) of States constituted by the Ministry of Road Transport & Highways. On 15th^ july, 2019, The Motor Vehicle (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister for Road, Transport and Highways, Mr. Nitin Gadkari and the Lok Sabha passed the Bill on the 23rd of 2019 to amend the provisions under Motor Vehicle Act of 1988. Finally, The Rajya Sabha on 31th July, 2019 passed the Motor Vehicles (Amendment) Bill, 2019. The Bill seeks to amend the Motor Vehicle Act, 1988 to provide for road safety. Since, this bill has amended The Motor Vehicle act 1988. So, I am going to introduce The Motor Vehicle Act 1988. The Act was enacted to give effect to the suggestions made by Supreme Court in the case of “ M. K. Kunhimohammed v. P. A. Ahmedkutty”. In this case, certain suggestions have made to raise the limit of compensation payable as a result of motor accidents and compensation depending upon the class or type of vehicles involved in the accident. Under sec 2 of this Act, the definition of Motor Vehicle, Driver, Owner, Public Place etc. are mentioned that helps to understand the Act properly. Now there a question arises that why this Act was amended so many times and why there is need of this new motor vehicle amendment bill 2019..because, there is need of technological upgradation in road transport, passenger and freight movement and in motor vehicle management. With rapidly increasing motorisation, India is facing an increasing burden of road traffic,

injuries and fatalities and you can see this in some cases of motor vehicle (K. Gopalakrishnan v.

Sankara Narayanan , Jawahar Singh v. Bala Jain , V. Rani v. New India Assurance

Co. Ltd. , National Insurance Co. Ltd. v. Vidhyadhar Maharinwala). In these cases, you

can see that there is some negligence of owner or the driver of the vehicle. So, in order to improve road safety and transport system, certain amendments are required to be made in the Motor Vehicles Act, 1988 to address safety and efficiency issues in the transport sector. So, there is some need to amend the Motor Vehicles Act, 1988. That’s why the new Bill named as Motor Vehicle (Amendment) Bill, 2019 was proposed to seek to address the issues relating to road safety, citizen facilitation, strengthening public transport, automation and computerisation. Now moving again on the topic motor vehicle amendment bill 2019. Bill mainly focous on issues relating to improving road safety and citizens’ facilitation. The bill has mainly describes about the vehicle fitness, road safety board, recall of vehicle, motor vehicle accident fund, third party insurance, protection of good Samaritan, and reforms in transport system etc. The Bill mandates automated fitness

testing for vehicles. The Bill also provides for compulsory recall of defective vehicles and power to examine irregularities of vehicle companies. The Bill provides for a National Road Safety Board. To help road accident victims, Good Samaritan guidelines have been incorporated in the Bill. Now let’s move on the amendments in new Bill. If you see the new bill, you will notice some minor amendments and some major amendments. Minor amendments means if you see the motor vehicle act 1988 and the new bill then you will notice that in new bill some words are omitted, some words are substituted or some words are inserted. For example In section 10 of the principal Act, for the words “invalid carriage”, the words “adapted vehicle” are substituted. In section 8 of the principal Act, after the word “application”, the words “to drive a transport vehicle made” is inserted. Now move on about some major amendments. Major differences can be easily seen on the roads, TV, and in newspaper. I think the best presentation can be given on this topic by traffic police because they know better about the rules and fines than anyone. Yeah, exactly I am talking about heavy fines. the Bill proposes to increase penalties to act as deterrent against traffic violations. Stricter provisions are being proposed in respect of offences like juvenile driving, drunken driving, driving without licence, dangerous driving, over-loading etc. and Penalty regarding motor vehicles is to be increased by 10 % every year. According to new provision now, I. According to old provision, if you committed the offence of “travelling without ticket” then you were fined Rs. 200. But, now fine increased from Rs. 200 to Rs. 500. II. The fine increased to Rs. 5000 from Rs. 500 for the offence of “driving without licence”. III. For the offence of “driving despite disqualification” , you are fined Rs.10,000 instead of Rs. 500. IV. In the case of “drunken driving” the fine has increased to Rs.10,000 from Rs.500. V. According to old provision, in case of overloading, you had to give fine Rs 2000 and Rs 1000 per extra tonne but according to new provision, you are fined Rs.20, 000 and Rs.2000 per extra tonne. VI. “Driving without insurance” there is a fine of Rs.2000 instead of Rs.1000. VII. In old provision there is no offence of “offence by juveniles”. But, in new provision, this offence is added and punishment for this offence is this that the guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under Juvenile justice Act and also registration of Motor Vehicle to be cancelled. EFFECT In new Motor Vehicle Act, the fine has increased, new offences had added and new provisions related to road safety has been added. There is a movie named “Bharat Ane Nenu” that is a telugu-language

Motor Vehicle Amendment Act, 2019, Summaries of Law of Torts

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Partial preview of the text

Download Motor Vehicle Amendment Act, 2019 and more Summaries Law of Torts in PDF only on Docsity!

injuries and fatalities and you can see this in some cases of motor vehicle (K. Gopalakrishnan v.

Sankara Narayanan , Jawahar Singh v. Bala Jain , V. Rani v. New India Assurance

Co. Ltd. , National Insurance Co. Ltd. v. Vidhyadhar Maharinwala). In these cases, you