LAW OF TORTS PROJECT

ANALYSIS OF THE MOTOR VEHICLES

(AMENDMENT)ACT,2019

Submitted by :- Vaishnavi Sharma

Section- ‘B’
Enrollment number :- 1901115

Submitted to:- Mr.Ashish Saraswat

Faculty of Law(Torts)
 ACKNOWLEDGEMENT

I regard and express gratitude towards Mr.Ashish Saraswat ,

for giving me a chance to do the undertaking work on The
Analysis of the Motor Vehicles (Amendment) Act,2019 and
giving me backing and direction which made me complete
the project appropriately. I am amazingly appreciative to
everyone including my family and friends for giving such a
decent help and direction.
 CERTIFICATE OF ORIGINALITY

This is to affirm, that this project work belongs to Vaishnavi

Sharma, student of Dr.B.R.Ambedkar National Law University
and it is a result of my free and unique work. I have
completed this project under the guidance of my Professor
Mr. Ashish Saraswat .
I’ve also appropriately recognized every one of the sources
from which the thoughts and concentrates have been taken.
The task is free from any plagiarism.

INDEX
 List of Abbreviations
 Introduction
 Grey area
 Conclusion
 Plagiarism report

LIST OF ABBREVIATIONS
  MVA, Act- Motor vehicles Amendment act
 Rs - Rupees
 Juv.- Juvenile
 Veh.- Vehicle
 Lac.- Lakh

INTRODUCTION:-

The Motor Vehicles Act is an Act of the Parliament of India which

manages all parts of street transport vehicles. The Act gives in detail
the authoritative arrangements with respect to authorizing of
drivers/conductors, enrollment of engine vehicles, regulation of
engine vehicles through grants, uncommon arrangements identifying
with state transport endeavours, traffic guideline, protection, risk,
offenses and punishments, and so on. For practicing the authoritative
arrangements of the Act, the Government of India made the Central
Motor Vehicles Rules 1989.[1] This Act has been amended from time
to time as follows:
Indian Motor Vehicles Act, from 1914-2016

The "Indian Motor Vehicles Act, 1914" was revised by the "Indian
Motor Vehicles (Amendment) Act, 1920" (Act No. XXVII of 1920)
gone by the Imperial Legislative Council. It got consent from the
Governor General of India on 2 September 1920. The Act corrected
segments 11 and 18 of the 1914 Act.

The Act was revised again by the "Indian Motor Vehicles

(Amendment) Act, 1924" . The Act got consent from the Governor
General on 18 September 1924. It had the title, "An Act further to
correct the Indian Motor Vehicles Act, 1914, for specific purposes"
and altered segment 11 of the 1914 Act by embedding the words "and
the span for which" after the words "region in which" in condition
(an) of subsection (2) of segment 11. The engine vehicles act has
again been revised in 1939, and supplanted in 1988. The 1988
correction was brought to address previously mentioned explanations
of item and reasons.

Indian Motor Vehicles (Amendment) bill ,2017

This will be a critical move up to the engine vehicle laws. It visualizes

body cams on traffic cops and RTO authorities to check defilement
and 7-year detainment rather than current 2 years for beverage driving
passing, required outsider protection for all vehicles, and stiffer
punishments for criminal traffic offenses to decrease the mishap
rates.[5] The bill was passed by the Lok Sabha on April 2017 and sent
to the Rajya Sabha, which alluded it to a select board of trustees in
August 2017. The bill was again investigated by a joint standing
council made out of Transport clergymen of 18 conditions of India.

Indian Motor Vehicles (Amendment) Act,2019

This is like the Indian Motor Vehicles (Amendment) bill, 2017, in

spite of the fact that, presented later in 2019 so the name. The prior
bill has slipped by toward the part of the arrangement session of
sixteenth Lok Sabha. The bill was re-presented in the main session of
seventeenth Lok Sabha by association transport serve Nitin Gadkari
which is then passed by both the houses .

Now after the brief history of the evolution of the Motor Vehicles
(Amendment) Act,2019 we will be focusing on the following
sections of the above mentioned act .
 Grey area of the MVA Act, 2019
 Changes in the MVA, Act, 2019
 Analysis of the changes and Amended Sections
 Conclusion of the MVA, Act ,2019
 GREY AREA

The revision in the Motor Vehicle law expanding

punishments for infringement of traffic runs on different
occasions has not gone well with the individuals. A few state
governments including the BJP-drove ones have either
weakened the law or put it on hold.

There is a reasonable feeling of reaction among those sitting

in the legislature both in the states and at the Center
however neither the Bharatiya Janata Party nor a pastor of
the Modi government or the Prime Minister himself has
protected Nitin Gadkari, who has been found fighting for
himself isolated. He has given a couple of meetings shielding
the changed Motor Vehicle law.
MOTOR VEHICLES (AMENDMENT) ACT,2019

Facts:-

The Motor Vehicles (Amendment) Bill, 2019 depends on the

proposals of the Group of Transport Ministers of States. Given
that the Act needed to deflect people from abusing traffic rules, it
has presented substantial fines for inebriated driving, driving
without permit, risky driving, over-speeding, and so forth.[2]
These punishments will increment by 10 % consistently on April 1,
as told by the Central government. The new Act has additionally
broadened the period for reestablishment of driving licenses from
one month to one year after the date of expiry. Just if the
restoration postponed over a year, will the driver need to
experience a trial of ability. The Act additionally vows to ensure
those individuals who render crisis therapeutic or non-medicinal
help to a casualty of a mishap, from any respectful or criminal
obligation. The base pay for death or terrible damage because of
attempt at manslaughter has been climbed significantly.

Motor Vehicles (Amendment) Act 2019 has been implemented all

through the nation since September 1, 2019. Presently the
punishment has been expanded multiple times on different
infringement.

We should examine the new highlights of the Motor Vehicles

(Amendment) Act, 2019.

1. Remuneration for street mishap exploited people:

The Bill expands the base pay for attempt at manslaughter cases
as pursues: (I) if there should be an occurrence of death, from Rs
25,000 to two lakh rupees, and (ii) if there should be occurrence
of deplorable damage, from Rs 12,500 to Rs 50,000.

2. Review of vehicles: The New Bill enables the focal government

to arrange for review of surrendered engine vehicles which may
hurt nature, or the driver, or other street clients.

3. Street Safety Board: The National Road Safety Board, will be

made by the focal government to exhort the focal and state
governments on all parts of street security and traffic the
executives.

4. Offence and Fines: The new Bill has expands fines for a few
offense under the Act.

I. Fine for Drink and Driving: Now the fine is expanded from Rs
2,000 to Rs 10,000 alongside detainment of a half year. On the
redundancy of this demonstration fine would be Rs. 15,000.

ii. Rash driving will cost fine of Rs. 5000 prior it was Rs.1000.

iii. Driving without driving lisence will be fined Rs 5000 rather

than 500 prior.

iv. Offence by Juveniles is another class presented. Presently

Guardian of the Juvenile/proprietor of the veh. will be fined Rs.
25,000 with 3 year detainment. For a Juv. to be tried under
Juvenile Justice Act. Enlistment of Motor Vehicle will be dropped.

v. In the event that a veh. producer neglects to agree to engine

vehicle benchmarks, the punishment will be a fine of up to Rs 100
crore, or detainment of as long as one year, or both.

vi. On the off chance that a contractual worker neglects to follow

street plan benchmarks, the punishment will be up to Rs.1 lac.
vii. Under segment 196 of the Motor Vehicle Act, 2019 driving
without Insurance will be fined Rs 2000.

viii. Under the segment 194 D of the demonstration; riding

without Helmets will be fined to Rs 1000 and exclusion for 3
months for permit.

ix. Under segment 194B of the Act; driving without safety belt will
cost Rs. 1000.

x. Speeding/Racing will be fined Rs 5,000 rather than Rs 500 prior.

xi. Under area 194 E of the Act; not giving approach to crisis
vehicles will cost Rs 10,000.

New proposed fines under Motor Vehicles (Amendment) Act –

2019 will be:- [3]

Old
New Minimum
Section Violation Provision /
Penalties
Penalty
177 General violations Rs 100 Rs 500
Rules of road
New
regulation Rs 100 Rs 500
177A
violation
Non
179 Compliance of Rs 500 Rs 2000
orders
Unauthorized use
180 of vehicles Rs 1000 Rs 5000
without licence
Driving without
181 Rs 500 Rs 5000
licence
Driving despite
182 Rs 500 Rs 10,000
disqualification
182 B Oversize vehicles New Rs 5000
Rs 1000 for LMV
183 Over speeding Rs 400 Rs 2000 for Medium
passenger vehicle
 Dangerous
184 Rs 1000 Upto Rs 5000
driving
185 Drunken driving Rs 2000 Rs 10,000
Speeding /
189 Rs 500 Rs 5,000
Racing
Vehicle without
192 A upto Rs 5000 Upto Rs 10,000
permit
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 without Seat belt Rs 100 Rs 1000
Overloading of Rs 2000, disqualification
194 C Rs 100
2 wheelers for 3 months for licence
Rs 1000 disqualification
194 D Without Helmets Rs 100
for 3 months for licence
Not giving way
194 E to emergency New Rs 10,000
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
Offences by
199 New Juvenile to be tried
Juveniles
under Juvenile
Justice Act. Registration
of Motor Vehicle to be
cancelled
Suspension of driving
Power of officers
licenses u/s 183, 184,
206 to impound
185, 189, 190, 194C,
documents
194D, 194E
Offences
committed by Twice the penalty under
210 B
enforcing the relevant section
authorities

CONCLUSION
Not following the traffic and street wellbeing rules according
to the Act will beg to be spent. For not wearing a head
protector, the fine has expanded from ₹100 to ₹1,000, in
addition to a three-month preclusion of permit. For not
wearing a safety belt, the punishment is presently ₹1,000.
For speeding or dashing, the fine has expanded from ₹500 to
₹5,000 and for plastered driving from ₹2,000 to ₹10,000. The
fine for driving without a legitimate permit is presently
₹5,000.

Other than higher punishment, the new Act likewise

incorporates detainment for serious violations. Speed
dashing can pull in detainment for a quarter of a year (with
or without a fine); this will stretch out to a time of one year
whenever got for the subsequent time. For offenses by
adolescents, the watchman or proprietor of the vehicle will
be considered to be liable and rebuffed with a ₹25,000-fine
and three years' detainment. The adolescent would be
attempted under Juvenile Justice Act, 2000 and the
enrollment of engine vehicle will be dropped for a time of a
year. The proprietor of an engine vehicle who modifies it by
method for retrofitting of engine vehicle parts in a way not
allowed under the Act will be rebuffed with detainment for a
term which may reach out to a half year (and additionally
with fine of ₹5,000 per such adjustment).

The main concern

'Ready today, alive tomorrow' – goes the famous saying.

With the new Act, it is: 'Be aware of guidelines, to spare your
pocket'.

REFERENCES:-

[1] 'Indian Motor Vehicles Act' (En.wikipedia.org, 2019)

[2] GENERAL KNOWLEDGE, Current GK and Hemant Singh, 'Motor
Vehicles (Amendment) Act 2019: Key Features And Penalties'
(Jagranjosh.com, 2019)

[3] 'All You Wanted To Know About The New Motor Vehicles Act'
(@businessline, 2019)