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The Motor Vehicles (Amendment) Bill, 2019 was passed by Rajya Sabha today. Speaking on the occasion Nitin Gadkari, Minister of Road Transport & Highways and MSME thanked the Members of the House and said that this was a matter of great happiness for him. He said the much needed amendments will improve road safety, facilitate citizens in their dealings with transport departments, strengthen rural transport, public transport and last mile connectivity through automation, computerization and online services. The Minister reiterated that the Bill would, in no way, encroach upon the powers and authorities of the states. He said the Bill would rather empower the states. He added that the Bill will provide an efficient, safe and corruption free transport system in the country.
The Bill has been passed with three Government amendments and will need to go back to Lok Sabha. The Lok Sabha had already passed the Bill on the 23rd of July 2019.
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 to address the issue of road safety and to improve the facilitation of the citizens while dealing with transport departments. The GoM was headed by Shri. Yoonus Khan, the then Transport Minister of Rajasthan, and had 18 State Transport Ministers from different political parties as members. On the basis of recommendations of the GoM and other pressing requirements, the Ministry of Road Transport & Highways introduced the Motor Vehicle (Amendment) Bill 2016. This, along with amendments, was passed by Lok Sabha on 10th April, 2017. The Bill as passed by Lok Sabha was introduced in Rajya Sabha and was referred to the Select Committee of the Rajya Sabha on 08.08.2017. The Select Committee presented its report to the Parliament on 22nd December, 2017. The Bill was pending in the Rajya Sabha and lapsed with the dissolution of the 16th Lok Sabha.
The amendments in the Bill mainly focus on issues relating to improving road safety, citizens’ facilitation while dealing with the transport department, strengthening rural transport, last mile connectivity and public transport, automation and computerization and enabling online services. Some of the important areas of amendment are as follows:
Road Safety
In the area of road safety, 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-speeding, overloading etc. Stricter provisions for helmets have been introduced along with provisions for electronic detection of violations. Penalty regarding motor vehicles is to be increased by 10 % every year..
Proposed Amendments in Various Penalties under Motor Vehicles (Amendment) Bill – 2019
| Section | Old Provision / Penalty | New Proposed Provision / Minimum Penalties | |
| 177 | General | Rs 100 | Rs 500 |
| New 177A | Rules of road regulation violation | Rs 100 | Rs 500 |
| 178 | Travel without ticket | RS 200 | Rs 500 |
| 179 | Disobedience of orders of authorities | Rs 500 | Rs 2000 |
| 180 | Unautorized use of vehicles without licence | Rs 1000 | Rs 5000 |
| 181 | Driving without licence | Rs 500 | Rs 5000 |
| 182 | Driving despite disqualification | Rs 500 | Rs 10,000 |
| 182 B | Oversize vehicles | New | Rs 5000 |
| 183 | Over speeding | Rs 400 | Rs 1000 for LMV
Rs 2000 for Medium passenger vehicle |
| 184 | Dangerous driving penalty | Rs 1000 | Upto Rs 5000 |
| 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 (violations of licencing conditions) | New | Rs 25,000 to
Rs 1,00,000 |
| 194 | Overloading | Rs 2000 and
Rs 1000 per extra tonne |
Rs 20,000 and
Rs 2000 per extra tonne |
| 194 A | Overloading of passengers | Rs 1000 per extra passenger | |
| 194 B | Seat belt | Rs 100 | Rs 1000 |
| 194 C | Overloading of two wheelers | Rs 100 | Rs 2000, Disqualification for 3 months for licence |
| 194 D | Helmets | Rs 100 | Rs 1000 Disqualification for 3 months for licence |
| 194 E | Not providing way for emergency vehicles | New | Rs 10,000 |
| 196 | Driving Without Insurance | RS 1000 | Rs 2000 |
| 199 | Offences by Juveniles | New | Guardian / owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled |
| 206 | Power of Officers to impound documents | Suspension of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E | |
| 210 B | Offences committed by enforcing authorities | Twice the penalty under the relevant section |
Vehicle Fitness
The Bill mandates automated fitness testing for vehicles. This would reduce corruption in the transport department while improving the road worthiness of the vehicle. Penalty has been provided for deliberate violation of safety/environmental regulations as well as body builders and spare part suppliers. The process for testing and certification for automobiles is proposed to be regulated more effectively. The testing agencies issuing automobile approvals have been brought under the ambit of the Act and standards will be set for motor vehicle testing institutes.The Bill also provides for compulsory recall of defective vehicles and power to examine irregularities of vehicle companies.
