The good, the bad and the ugly in the Motor Vehicles Bill (2019)
Image by xenostral from Pixabay
The evolution of the new Motor
Vehicles Bill (2019),
Another key issue is the protection of children on two wheeler vehicles. Those who carry children on the front of scooters or seated on luggage racks are likely to be cited for carrying passengers over capacity. Also children four years and older will be requited to wear a helmet of face a Rs 1,000 fine.
There are provisions under which manufacturers can be fined up to Rs 500 crores for substandard components or engine. It will be mandatory to offer modified vehicles to handicapped individuals.
*2: The full
text of the bill as it was passed in the Lok Sabha is here: http://164.100.47.4/BillsTexts/LSBillTexts/PassedLoksabha/154_C_2019_Eng.pdf
The evolution of the new Motor
Vehicles Bill (2019),
its key provisions and possible problems
Written by Pravin J P Arapurakal on August 4, 2019
The Indian legislature has been very busy passing
legislation which in some cases failed to pass muster in the previous legislature.
In other cases, Bills like the Motor Vehicles Amendment Act (2019) have been passed
in the Lok Sabha, then rethought and improved by the Rajya Sabha on July 31. Three new amendments to the bill which previously
passed the Lok Sabha aim to strengthen rural and public transport and last
mile connectivity through automation, computerization and online services.
Sadly there are still some troubling provisions
that give authorities many discretionary powers that could be misused. In some
cases the law punishes people for offenses that result from poverty such as
overloading the number of people travelling in a vehicle.
Current Bill improves over 2014 Draft
Road Transport Bill but has flaws:
When Nitin Gadkari, India’s Minister for Surface Transport and Shipping circulated his initial Draft Road Transport and Safety Bill in 2014*1,
he caused an absolute furor among State Governments, NGOs and the public at
large. The Draft Bill 2014 attempted to create a new Federal Highway Authority that
would impose its will on the States which had hitherto been free to license
drivers, collect road taxes and draft their own rules and regulations. It was a
power grab of immense proportions that looked as if it had been drafted by foreign
lobbyists and insurance agents.
It even went so far as to propose ludicrous
requirements such as bicycle helmets for unsuspecting village bicyclists. There
remain unrealistic provisions in the current bill (such as penalizing
contractors for accidents caused by road conditions).
The Transport Ministry, this time around took the
trouble to consult the states and has come up with a series of modifications of
the original 1988 Road Transport Act without attempting to reinvent the wheel. The
Ministry has also made provision for a National Road Safety Board that will be required to advise central and
state governments on all aspects of road safety and traffic management
including registration and licensing of vehicles, standards of motor
vehicles, standards for road safety and promotion of new vehicle
technology. While all this sounds good on
paper some provisions in the Road Safety Act (2019)*2 below may be
impractical.
1.
The Motor Vehicles Amendment Bill of 2019 makes an Aadhar card compulsory for all drivers.
Since the Supreme Court has already taken a dim view of imposing Aadhar on citizens (who are not applying for a subsidy or filing taxes), this provision could be struck down by the courts.
Since the Supreme Court has already taken a dim view of imposing Aadhar on citizens (who are not applying for a subsidy or filing taxes), this provision could be struck down by the courts.
2.
The government has raised its
payments to the victims of Hit and Run drivers from
Rs 25,000 to Rs 2, 00,000 or more. Payments to the grievously injured have risen
from Rs 12, 500 to Rs 50,000. (A recent
study on road traffic fatalities in Kerala determined that 40 percent of some
11 fatalities/day were pedestrians.) Owners of vehicle in an accident are liable
for Rs 5 lakhs in accident fatalities and Rs 2 lakhs for serious injuries.
Annual
fatalities:
According to official data cited by an article in India Today, around 1.5 lakh people die in Indian road accidents annually. India is regrettably the world leader in traffic fatalities. A World Bank report in 2018 says traffic crashes in developing nations impede GNP growth.
According to official data cited by an article in India Today, around 1.5 lakh people die in Indian road accidents annually. India is regrettably the world leader in traffic fatalities. A World Bank report in 2018 says traffic crashes in developing nations impede GNP growth.
The Act also
protects “good Samaritans” who bring injured people to
hospitals. They are not required to reveal their identities. Several states
like Kerala already have laws on their books that are designed to help passers-by to be more forthcoming with assistance in the case of a traffic accident.
3.
A Motor Vehicle
Accident Fund to provide compulsory insurance cover for
Indian road users for certain types of accidents has been included in the bill.
4.
Contractors are liable
for accidents from bad roads (up to one lakh/event).
5.
There is an effort to regulate taxi
aggregators like OLA and Uber.
6.
Higher penalties for traffic offenses
as follows: However, in some cases offenders may be eligible to perform
community service instead of just paying the fine.
Offense Old New fine
Another key issue is the protection of children on two wheeler vehicles. Those who carry children on the front of scooters or seated on luggage racks are likely to be cited for carrying passengers over capacity. Also children four years and older will be requited to wear a helmet of face a Rs 1,000 fine.
There are provisions under which manufacturers can be fined up to Rs 500 crores for substandard components or engine. It will be mandatory to offer modified vehicles to handicapped individuals.
There is no longer a cap of Rs 10 lakhs on third
party insurance awards.
It now becomes possible to renew a driving
license one year before or after its expiry.
In conclusion a careful reading of the Act
suggests that the framers did not really take into consideration, India’s
driving culture, its infrastructural limitations and the slowness of its court
system. One sometimes gets the impression that parts of the Act were borrowed from other
countries without forethought.
How successful the government is in implementing the Act remains to be seen.
Notes:
How successful the government is in implementing the Act remains to be seen.
Notes:
*1:
The
full text of the draft bill as drafted is available here: http://www.prsindia.org/uploads/media/draft/Draft%20Road%20Safety%20Bill%202014.pdf
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