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Salient Features of the Motor

Vehicles Amendment Bill 2016

The Union Cabinet has given its approval for Motor Vehicle (Amendment) Bill
2016. The new Bill provides for hefty penalties for violation of road safety rules.
The Bill makes it easier to get a learner’s driving licence and ease the provisions
on vehicle permits, to help growth of public transport. The Bill also promotes
automation and computerisation.

The present Motor Vehicle Act has 223 Sections out of which the Bill aims to
amend 68 sections whereas Chapters 10 has been deleted and a Chapter 11 is being
replaced with new provisions to simplify third party insurance claims and
settlement process.

Some of the important features of the Bill are:

O ences by juveniles – The Bill proposes that in the case of o ences committed
by juveniles, the guardian/owner shall be deemed guilty. The juvenile would be
tried under Juvenile Justice Act. Registration of the motor vehicle will also be
cancelled.

Enhancement of compensation in Hit and Run cases – The compensation

payable for victims in ‘hit and run’ out of the scheme fund under Section 161 has
been enhanced to Rs. 2 lakhs in case of death, and Rs. 50,000/- in case of bodily
injury, from Rs.25,000/- and Rs.12,500/- respectively.

Motor Vehicle Accident Fund – The Bill seeks to introduce a Motor Vehicle
Accident Fund u/s. 164B, which is to be augmented by a special tax or cess. The
Fund is to be utilized for giving immediate relief to victims of motor accidents,
and also hit and run cases. The compensation paid out of the fund shall be
deductible from the compensation which the victim may get in future from the
Tribunal.

Community Service as punishment – The Act de nes “Community Service” as

unpaid work which a person is required to perform as a punishment for an
o ence committed under this Act. For causing motor accidents, punishment in
the form of ‘Community Service’ can be imposed.

Protection of Good Samaritans – The Act de nes “good Samaritan” as a person,

who in good faith, voluntarily and without expectation of any reward or
compensation renders emergency medical or non-medical care or assistance at
the scene of an accident to the victim or transporting such victim to the hospital.
The Act makes provision for protection of Good Samaritans from unnecessary
trouble or harassment from civil or criminal proceedings and empowers Central
Government to frame Rules for their protections.

Registration process for new vehicles – There is also a proposal to improve the
registration process for new vehicles. Registration at the end of the dealer is being
enabled and restrictions have been imposed on temporary registration, under the
new Bill.

National Register for Driving Licence and National Register for Vehicle
registration – To bring harmony of the registration and licensing process,
government proposes to create National Register for Driving Licence and
National Register for Vehicle registration through “Vahan” & “Sarathi”
platforms. This will facilitate uniformity of the process across the country, says
the government.

Multiplier – The Bill proposes that the State Government can specify a multiplier,
not less than one and not greater than ten, to be applied to each ne under this
Act and such modi ed ne.

Increase in penalties – With an aim to enhance road safety, the bill proposes to
increase penalties, that it hopes will act as deterrent against tra c violations.
Stricter provisions are being proposed with respect to o ences like driving
without licence, over-speeding, juvenile driving, drunken driving, dangerous
driving, overloading etc.
Proposed Amendments in Various Penalties under Motor Vehicle Amendment
Bill – 2016

New Proposed
Old Provision /
Section Provision / Minimum
Penalty
Penalties

177 General Rs 100 Rs 500

Rules of road
New 177A Rs 100 Rs 500
regulation violation

178 Travel without ticket Rs 200 Rs 500

Disobedience of orders
179 Rs 500 Rs 2000
of authorities

Unauthorized use of
180 vehicles without Rs 1000 Rs 5000
licence

181 Driving without licence Rs 500 Rs 5000

Driving despite
182 Rs 500 Rs 10,000
disquali cation

182 B Oversize vehicles New Rs 5000

Rs 1000 for LMV

183 Over speeding Rs 400 Rs 2000 for Medium

passenger vehicle

Dangerous driving
184 Rs 1000 Upto Rs 5000
penalty

185 Drunken driving Rs 2000 Rs 10,000

189 Speeding / Racing Rs 500 Rs 5,000

192 A Vehicle without permit upto Rs 5000 Upto Rs 10,000

193 Aggregators New Rs 25,000 to
(violations of licencing
conditions) Rs 1,00,000

Rs 2000 and
Rs 20,000 and

194 Overloading Rs 1000 per

Rs 2000 per extra tonne
extra tonne

Overloading of Rs 1000 per extra

194 A
passengers passenger

194 B Seat belt Rs 100 Rs 1000

Rs 2000,
Overloading of two
194 C Rs 100 Disquali cation for 3
wheelers
months for licence

Rs 1000,
194 D Helmets Rs 100 Disquali cation for 3
months for licence

Not providing way for

194 E New Rs 10,000
emergency vehicles

Driving Without
196 Rs 1000 Rs 2000
Insurance

Guardian / owner shall

be deemed to be guilty.
Rs 25,000 with 3 yrs
imprisonment. For
199 O ences by Juveniles New
Juvenile to be tried
under JJ Act.
Registration of Motor
Vehicle to be cancelled

206 Power of O cers to Suspension of driving

impound documents licenses u/s 183, 184,
 185, 189, 190, 194C,
194D, 194E

O ences committed by Twice the penalty under

210 B
enforcing authorities the relevant section

Author: Law Leader

Legal Insight Is Human Right View all posts by Law Leader

Law Leader / August 20, 2016 / Community Service as Punishment, Compensation in Hit and
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