UNIT - V

Motor Vehicles Act 1988 and The Motor Vehicles (Amendment) Act 2019: Need, Importance,
Objectives; Definition, Concept, Key Features of the Amendment, Fault and No-Fault Liability of Driver
and Owner; Concepts regarding Third Party; Driving Licenses; National and State Register of Driving
Licenses; National Transportation Policy; Offences and Penalties, Powers and Jurisdiction of a Motor
Accidents Claims Tribunal and Judicial Responses.

Motor Vehicles Act, 1988:

The Motor Vehicles Act, 1988, and the Motor Vehicles (Amendment) Act, 2019, are important
legislations in India that govern various aspects of motor vehicle regulation, road safety, and
compensation in case of accidents. Here, we will discuss their need, importance, objectives,
key features of the amendment, concepts related to liability, third-party coverage, driving
licenses, national and state registers of driving licenses, the National Transportation Policy,
offenses and penalties, powers and jurisdiction of Motor Accidents Claims Tribunals, and
judicial responses.

Need and Importance:

The Motor Vehicles Act, 1988, was enacted to regulate all aspects of motor vehicles in India.
It serves several important purposes:

1. Safety: It outlines safety standards and regulations to ensure the safety of road users.

2. Registration and Licensing: It establishes procedures for vehicle registration and driver
licensing.

3. Insurance: It mandates third-party insurance to compensate victims of accidents involving

motor vehicles.

4. Traffic Rules and Regulations: It sets traffic rules and regulations to maintain order on the
roads.

5. Compensation: It provides for compensation to accident victims through the Motor

Accidents Claims Tribunals.

6. Environmental Protection: It includes provisions related to emissions and pollution control.

Objectives:

The objectives of the Motor Vehicles Act, 1988, include:

1. Regulation: To regulate the operation of motor vehicles and traffic on Indian roads.

2. Safety: To ensure the safety of all road users, including drivers, passengers, pedestrians,
and cyclists.

3. Liability: To establish liability in case of accidents and provide compensation to victims.

4. Efficiency: To promote efficiency in road transport by defining standards and procedures.

Amendment Act, 2019:

The Motor Vehicles (Amendment) Act, 2019, sought to amend and strengthen several
provisions of the 1988 Act. Key features of the amendment include:

1. Increase in Penalties: The amendment significantly increased fines for traffic violations to
deter errant behavior.

2. Good Samaritan Provision: Encourages people to help accident victims by providing legal
protection to bystanders who render assistance.

3. Protection of Children: It mandates the use of child safety seats and increased penalties for
violations related to child safety.

4. Compensation: It increased the minimum compensation for hit-and-run cases and

introduced a Motor Vehicle Accident Fund for such cases.

5. No-Fault Liability: It introduced the concept of no-fault liability, where accident victims
receive compensation regardless of who is at fault.

6. Third-Party Insurance: Stricter provisions regarding third-party insurance to increase

coverage and ensure timely compensation.
7. Driving Licenses: It introduced computerized testing for driving licenses and stricter
regulations for commercial driver training.

8. National Transportation Policy: The amendment emphasized the development of a

National Transportation Policy to address issues related to road safety and public
transportation.

Liability of Driver and Owner:

- In the case of an accident, both the driver and owner of the vehicle may be held liable.

- The concept of "no-fault liability" means that accident victims are entitled to compensation
without proving fault.

- Liability may vary depending on the circumstances and the insurance coverage.

Third-Party Liability:

- Third-party liability insurance is mandatory to cover compensation for injury or death

caused to a third party in a motor vehicle accident.

- It ensures that victims are compensated even if the driver or owner of the vehicle is at fault.

Driving Licenses:

- The Motor Vehicles Act regulates the issuance of driving licenses, including eligibility
criteria, testing, and renewals.

- The 2019 amendment introduced computerized testing to improve the licensing process.

National and State Register of Driving Licenses:

- These registers are maintained to track and manage driving licenses at the national and
state levels.

- They help in verifying the authenticity of licenses and monitoring traffic violations.
National Transportation Policy:

- The National Transportation Policy aims to address various issues related to transportation,
including road safety, public transport, and infrastructure development.

Offences and Penalties:

- The amendment increased fines for various traffic violations, such as overspeeding, drunk
driving, and not wearing seat belts or helmets.

Motor Accidents Claims Tribunal:

- These tribunals have the jurisdiction to adjudicate motor accident claims and determine
compensation.

- The 2019 amendment expanded the powers and jurisdiction of these tribunals.

Judicial Responses:

- The judicial responses to motor vehicle-related cases are essential for interpreting and
applying the law.

- Courts play a crucial role in ensuring justice and compensation for accident victims.

In conclusion, the Motor Vehicles Act, 1988, and its 2019 amendment are crucial pieces of
legislation in India that aim to regulate motor vehicles, ensure road safety, provide
compensation to accident victims, and address various transportation-related issues. The
2019 amendment brought significant changes to enhance road safety and streamline the
legal framework governing motor vehicles.