New Motor Vehicle (Amendment) Act, 2019- Penalties

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Motor Vehicle (Amendment) Act 2019

The Motor Act amendment bill was introduced in Lok Sabha on 15th July 2019,. Nitin Gadkari, the then Transport Minister insisted on amending the Motor Vehicles Act to bring a change in the fines charged for various traffic offences. As per the new rules, all motorcycles mandatorily need to have safety devices, including hand holders for the pillion riders. No co-rider will be allowed to sit if the motorbike has a container at the back. Apart from all this, there has been a significant hike in all the fines and also in compensation to the victim's families resulting in strict traffic rule execution.

The New Motor Vehicle (Amendment) Act, 2019, also called Motor Vehicles Act, (Amendment of 2019), introduced many changes by significantly increasing the monetary fines on certain traffic offences. Let us take a look at all the new Motor Vehicles (Amendment) Act, 2019 penalties that have been implemented since September 1, 2019:

Traffic Offence	Old Penalty as per Motor Vehicle Act, 1988	New Penalty as per Motor Vehicle (Amendment) Act, 2019
Vehicle without permit	Up to ₹5,000	Community service, imprisonment of up to 6 months and/or ₹10,000 fine
Unauthorised use of a vehicle without valid driving licence	₹1,000	₹1,000 - ₹5,000
Seizing motor vehicle by force/taking a vehicle without lawful authority	₹500	₹5,000
Racing/speeding	₹500	Community service, imprisonment of 1 month and/or ₹5,000 fine ; for a subsequent offence- imprisonment of up to 1 month and/or ₹10,000 fine
Road regulation violation	₹100	₹500
Power of officers to impound documents	N/A	Suspension of driving licence
Oversized vehicles	N/A	Community service and/or ₹5,000 - ₹10,000
Overloading of two-wheelers	₹100	₹2,000 fine, disqualification of licence for 3 months and/or community service
Overloading of passengers	N/A	₹1,000 per extra passenger
Overloading	₹2,000 + ₹1,000 per extra tonne	₹20,000 + ₹2,000 per extra tonne
Over-speeding	₹400	LMV: ₹1,000 - ₹2,000 MPV/HPV: ₹2,000 - ₹4,000 and/or impounding of driving licence
Offences relating to an accident	N/A	For the first offence: imprisonment of up to 6 months and/or fine of up to ₹5,000; For a subsequent offence: imprisonment of up to 1 year and/or ₹10,000 fine
Offences committed by enforcing authorities	N/A	Twice the penalty under the relevant section
Offences by juveniles	N/A	The guardian/owner of the car shall be deemed to be guilty. 3 years’ imprisonment with a penalty of ₹25,000 and cancellation of the registration of the vehicle for 12 months. The juvenile driving the car will be tried under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Obstructing the free flow of traffic	₹50	₹500
Not wearing a helmet while riding	₹100	Disqualification of driving licence for 3 months and/or ₹1,000 fine, community service
Not providing a way for emergency vehicles like ambulance	N/A	₹10,000 and/or community service
No Seat belt	₹100	₹1,000 and/or community service
Drunk driving	₹2,000	Imprisonment of 6 months-1 year and/or ₹10,000 fine for the first offence; ₹15,000 fine and/or imprisonment of up to 2 years for a subsequent offence ₹15,000 and/or imprisonment of up to 2 years for a subsequent offence
Driving without insurance	₹1,000 and/or punishment up to 3 months	₹2,000 and/or imprisonment up to 3 months for the first offence; ₹4000 and/or imprisonment up to 3 months for the subsequent offence
Driving without a valid driving licence	₹500	₹5,000 and/or community service
Driving when mentally/physically unfit to drive	₹200 for the first offence; ₹500 for a subsequent offence	₹1,000 for the first offence; ₹2,000 for a subsequent offence
Driving despite disqualification of licence	₹500	₹10,000 and/or community service
Disobedience of orders of authorities	₹500	₹2,000
Dangerous driving (e.g., jumping a red light)	₹1,000	₹1,000 - ₹5,000 fine and/or imprisonment of 6 months to 1 year for the first offence, seizure of licence; ₹10,000 fine and/or imprisonment of up to 2 years for a subsequent offence
Aggregators (violations of licencing conditions)	N/A	₹25,000 to ₹1 Lakh
General offences	₹100 for the first offence; ₹300 for subsequent offence	₹500 for the first offence; ₹1,500 for subsequent offence

New Updates in the Central Motor Vehicle Act

The Ministry of Road Transport and Highways has recently made amendments to the Central Motor Vehicle Rules, 1989. The government has implemented two major changes as per the revised rules:

Compulsory safety devices in motorcycles
Spare tyres are not necessary in all cars

Other than these, certain rules have also been revised for the automobile manufacturers, motorcycles and cars with tubeless tyres. Let us take a look at these revised changes:

1. New Rules for Manufacturers

The manufacturers in India need to provide the following things under the new rules:

There should be handholds for co-riders on the side of the motorcycle or behind the rider seat. This should be as per the requirements specified in the IS: 14495-1998.
There should be footrests on both sides of the motorcycle.
A safety device to cover no less than half a portion of the rear wheel of the motorcycle. This ensures that the clothes of the co-riders are not entangled in the wheel, which can lead to mishaps when riding the bike.
The windscreen/window glass of the motorcycle is to be made of safety glass material.
The safety glass of the rear windows and windscreen in the car should provide no less than 70% visual transmission of light.

2. New Rules for Motorcycles

Motorcycles that come with a lightweight container attached to them should fulfil the following requirements –

The container dimensions should not exceed 550 mm in length, 510 mm in width, and 500 mm in height.
The weight of the container (including the mounting and load carrier) cannot exceed 30 kgs.
If the container is fitted on the co-rider space, no co-rider is allowed.

The motorcycle manufactured from January 2022 should fulfil the requirements specified in AIS 146:2018 until the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 2016 (11 of 2016).

3. New Rule for Cars with Tubeless Tyres

Also, cars with tubeless tyres can now operate without a spare tyre provided the car owners have a tyre repair kit and a Tyre Pressure Monitoring System (TPMS) with them at all times when driving.

Benefits of the New Motor Vehicle (Amendment) Act, 2019

Here are the main benefits for vehicle owners and the general public that are a direct result of the implementation of the Motor Vehicle (Amendment) Act, 2019:

Compensation for accident victims and their families has been increased by a big margin.
Provisions for quicker and more efficient registration processes for vehicles have been introduced with the ‘Sarathi’ and ‘Vahan’ applications.
Similarly, the online process of applying for a licence has reduced the time in which a licence can be obtained. Drivers can now apply for licence renewal online as well.
PUC rules have been enhanced for vehicles to improve air quality by reducing vehicle-related pollution.
As the whole process of issuing challans becomes digital (e-challans), the public benefits from the transparency and efficiency of the system and reduced corruption.

Safe Driving Tips

Now that you are aware of the new traffic rules in India since 2019 and the fines charged for reckless driving, here are a few safe driving tips that will help you and your loved ones avoid breaking the traffic rules.

First, make sure that you have all the vehicle-related documents handy when driving. This includes the RC book, motor insurance certificate, permits, pollution control certificate, etc.
In case you are missing out on any documents listed above, get it registered before you get caught.
You can also keep a digital copy of all these documents on your smartphone so that they are accessible in case you forget them at home.
Apart from keeping the documents handy, also ensure that you are following the basic traffic safety rules. Mistakes like not wearing a seatbelt can cost you a fortune under the new law.
Get your vehicle checked for irregularities before hitting the road. Ensure that all the safety equipment like brakes, headlights, taillights, indicators and emergency lights are in working condition.

To Conclude

The New Motor Vehicle (Amendment) Act, 2019, has been implemented to ensure that road casualties in India decrease. One of the most important rules under the Motor Vehicles (Amendment) Act, 2019 is the increase in fines on driving an uninsured vehicle. You may end up spending anywhere from ₹2,000 to ₹4,000 in fines if you are caught driving your car/bike without a valid motor insurance policy.

Motor insurance is a great tool to keep your vehicle financially covered against accidents, damages, and theft. If you need a renew your vehicle’s insurance plan or need an insurance plan for a new vehicle you are planning to buy, you can check out the car insurance and the bike insurance policies available on Bajaj Markets and enjoy benefits like roadside assistance, cashless claims, add-on covers and much more.

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What does the Motor Vehicles Act mean?

The Indian Parliament passed the original Motor Vehicles Act in 1988. It helps regulate all the aspects of road transportation. It also has provisions for traffic safety regulations, motor insurance, vehicle registration, controlling permits, and penalties. In 2019, a new Motor Vehicles Act was passed to enhance the existing act as per modern standards and improve road safety through heavy fines.

Is the New Motor Vehicles Act passed?

The amendments made to the Motor Vehicles Act were passed by the government recently. They came into effect from September 01, 2019, across the country.

What is the fine for driving without a PUC?

The penalty for driving without a valid PUC is anywhere between ₹1,000 and ₹2,000. Technically, it is ₹1,000 for the first offence and ₹2,000 for any subsequent offences. Also, you can face prison time for up to six months.

What is the fine for drinking and driving?

The new penalties for drinking and driving have been enhanced to six months of imprisonment and/or ₹10,000 fine for the first offence. Any subsequent offences will lead to a fine of ₹15,000 and/or imprisonment for up to two years.

What is the fine for not wearing a helmet?

Driving without a helmet has a penalty of ₹1000 and/or three months suspension of your driver’s licence.

What will be the penalty for driving without a licence under the New Motor Vehicle (Amendment) Act, 2019?

Any illegal or unauthorised use of the vehicle without a valid licence will attract a penalty of ₹5,000. Also, driving despite licence suspension will attract a penalty of ₹10,000.

Can traffic police take your licence?

Yes. However, the traffic police will give you a valid receipt. They are not authorised to seize the licence without a valid receipt.

What is the fine for driving an uninsured vehicle?

The new MV Act, 2019 has enhanced the fine amount to ₹2,000 and/or imprisonment for up to three months for driving an uninsured vehicle. For second and subsequent offences, the fine is ₹4000 and/or imprisonment for up to three months.