Motor Vehicles Act

Legal Framework of the Motor Vehicles Act

• The Motor Vehicles Act, 1988, was enacted to regulate and manage road vehicles effectively across the country. Its main objective is to provide a unified framework of rules and guidelines that all vehicle owners, drivers, and other road users must follow. This helps promote road safety, efficient traffic management, and accountability among vehicle owners.
• The Act officially came into effect on July 1, 1989, following extensive consultations with transport ministers from various Indian states. This collaborative process ensured that the law addressed the diverse transportation challenges and requirements of multiple regions.
• One of the significant reasons for enacting this law was to replace the Motor Vehicles Act, 1939, which had become outdated due to advancements in vehicle technology and the increasing demand for motor vehicles. The 1939 Act could no longer effectively address the complexities of modern transportation systems, including the rise in private and commercial vehicles.
• By introducing the Motor Vehicles Act, 1988, the government aimed to create a comprehensive legal framework that adapts to technological changes and meets the demands of contemporary road use, thereby improving the overall safety and efficiency of road transportation in India.

Overview and Key Provisions 

• Scope: The Motor Vehicles Act is a comprehensive law that governs the operation, ownership, and regulation of motor vehicles in India. It establishes essential rules to ensure road safety, proper vehicle management, and accountability. These provisions collectively aim to promote responsible vehicle ownership, enhance road safety, and minimize risks associated with accidents and other unforeseen events.
• Driving License: Section 3 mandates that every driver must hold a valid driving license issued by a competent authority to drive a vehicle on public roads, which applies to all types of road vehicles. This ensures that drivers possess the necessary skills and knowledge to operate a vehicle safely and effectively. Chapter II of the Act outlines the necessity, procedures, age limit, learner's license, permanent license, renewal, revocation, suspension, and other provisions related to the driving license. 
• Age Restriction: Section 4 outlines that a permanent driving license is only issued to individuals aged 18 or older. This rule prohibits minors from riding/driving vehicles without proper training or sufficient maturity. Individuals aged 16 or older but under 18 can obtain a learner's permit to operate light motor vehicles with an engine capacity of up to 50cc, such as scooters, but they must adhere to specific conditions. Section 18 outlines that a person must be at least 20 years of age to drive any vehicle belonging to the central government. 
• Vehicle Registration: Section 39 ensures that every vehicle on public roads is registered with the appropriate transport authority. The vehicle owners are required to register their vehicles with the relevant authorities. Registration is crucial for the legal identification and tracking of vehicles. Typically, a vehicle's registration remains valid for 15 years, after which it needs to be renewed. Chapter IV of the Act outlines the necessity, procedures, permanent registration, renewal, revocation, suspension, and other provisions related to the registration of motor vehicles.  
• Mandatory Insurance: All vehicle owners are required to have insurance coverage under the Act. This provides financial protection in the event of accidents, theft, or other types of damage. Chapter XI of the Act provides for the insurance of motor vehicles, particularly against third-party risks associated with road accidents. 
• Speed Limit: Section 112 stipulates that drivers must adhere to speed limits established by the Road Transport Ministry. Speed limits may vary depending on the state and the type of road (e.g., highways, city roads). Violating these limits can result in fines or other penalties, thereby promoting road safety and reducing the likelihood of accidents.
• Intoxication: Section 185 outlines that driving under the influence of alcohol or drugs is strictly prohibited. The maximum allowable blood alcohol concentration is 30 mg per 100 ml of blood. Exceeding this limit constitutes a criminal offense, ensuring the safety of both the driver and other road users.

Significant Amendments

• The Motor Vehicles (Amendment) Act, 1994: Considerable amendments were made to the Act in 1994. Several sections underwent amendments, and a few new sections, along with a revised Schedule, were introduced to strengthen the provisions of the Act, enhance compliance, and improve road safety standards.  
• The Motor Vehicles (Amendment) Act, 2000 & 2001: Section 217A was introduced in Amendment 2000, focusing on the renewal of permits, driving licences, and registration. Amendment 2001 focused on the applicability of the same rules and regulations for CNG vehicles, under Section 66 and 67. 
• The Motor Vehicles (Amendment) Act, 2015: Introduced Section 2A regarding e-carts and e-rickshaws. Additionally, licensing rules and regulations related to e-carts and e-rickshaws were introduced. 
• The Motor Vehicles (Amendment) Act, 2019: Substituted Chapter XI and introduced amendments, including community service as a new penalty, increased penalties, offenses related to registration, enhanced compensation for third parties, compulsory insurance with significant changes, and improved road safety standards. Legal guardians, such as parents, are held liable if minors are caught driving with or without their permission.   

Penalties for the Violation 

• License: If a person is caught driving without a valid driving license, they may be fined ₹5,000 or imprisoned for up to 3 months. Section 181 outlines the penalty. 
• Alcohol or Drugs: For first-time offenders, a fine of up to ₹10,000 or imprisonment for up to 6 months, or both. Subsequent offenders face a higher fine of up to ₹15,000, imprisonment for up to 2 years, or both, as provided under Section 185. 
• Helmet: A fine of ₹1000 is imposed for not wearing a helmet while riding a two-wheeler. Section 194B also provides for a suspension of the license for a period of three months.
• Seatbelt: The fine for not wearing a seatbelt while driving is ₹ 1,000. Section 194B provides for the imposition of a fine. 
• Mobile Phone: Using a mobile phone while driving may result in a fine of ₹1,000 to ₹5,000, imprisonment for 6 months to 1 year, or both. In a subsequent event, a fine of up to ₹10,000 or imprisonment of up to 1 year, or both. Section 184 outlines the penalty. 
• Insurance: Failing to comply with insurance requirements can result in a fine of ₹2,000 or imprisonment for up to 3 months for the first offense. For repeat violations, the fine increases to ₹4,000. Section 196 outlines the penalty. 
• Others' Vehicles: If someone drives someone else's vehicle without their consent, they may be punished with a fine of up to ₹5,000 or imprisonment of up to 3 months, or both, as provided under Section 197. 

Reporting a Matter Relating to the Motor Vehicle Act

• Inform the Police: The IPC and BNS provide provisions for negligent and rash driving of vehicles that result in injury, death, or significant property damage, which are considered criminal offenses. You can approach the nearest police station, usually within 24 hours. You can call the police helpline at 100 or visit the closest station to report the incident.
  • Complete Information: When reporting the accident, provide the police with all relevant details, including the time, date, and location of the incident, a description of what occurred, any injuries sustained, and the extent of damage to vehicles or property.
  • Copy of the Report: Once the police report is filed, request a copy of the First Information Report (FIR) or the Accident Information Report (AIR). This document serves as the official record of the accident and is often required for insurance claims and legal processes.
  • Follow-up as Needed: Stay in touch with the police to track the progress of the investigation or submit any additional information they may require.
• MACT: For the claims related to injuries or death in motor accident cases, one can approach the Motor Accident Claim Tribunal. A claim petition can be filed, outlining the details of the parties involved, the insurance company, the accident, and the claim being sought, along with supporting medical and other relevant documents. The police report is a crucial document for resolving insurance claims and handling any legal matters related to the incident. Therefore, prompt and accurate reporting is vital to ensure compliance with legal obligations and to facilitate a smooth resolution. If you are not satisfied with the award, provisions for appeal are also available.  

How Can Seasoned Advocates Help You?

• Legal Advice: Guide vehicle owners and businesses on complying with regulations under the Act, including ensuring proper vehicle registration, insurance, and obtaining valid driving licenses. This can help prevent legal issues before they arise. Assist parents or guardians who are held accountable for traffic violations committed by minors under the new provisions, advising them on the legal consequences and potential actions they can take.
• Legal Representation: Represent individuals or companies in cases involving violations of the Motor Vehicles Act. This includes contesting fines, penalties, or charges related to offenses such as driving without a license, speeding, driving under the influence, or causing accidents.
  • Insurance Claims: Assist victims or their families in claiming compensation under the provisions of the Act, following the correct legal procedure before the competent authority, such as the Motor Accident Claim Tribunal (MACT). 
  • Contesting Claims: For those accused of causing accidents or injuries, help in defending against claims or negotiating compensation amounts. Represent clients in cases involving the compensation of hit-and-run victims.
  • Driving Cases: Defend clients accused of driving under the influence (Section 185) and help mitigate penalties, or in the case of repeat offenders, explore avenues for reduction in fines or imprisonment.
  • Litigation and Dispute Resolution: In cases involving traffic accidents, represent clients in courts to seek justice and compensation or to settle disputes. Additionally, utilize alternative dispute resolution (ADR) mechanisms, such as mediation or arbitration, to resolve matters outside of court.
  • E-Challans and Online Disputes: With the introduction of e-challans for traffic violations, help clients challenge or pay fines through online platforms and represent them in digital disputes.

Conclusion

It is pertinent to mention that this is one of the acts that is regulated in daily life, and, somewhere and somehow, many people face the violation of certain provisions of this Act in their daily lives. Sometimes, if you are under some serious allegations under the Act, the right guidance can help you. To know more, contact us.