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Motor Vehicle (Amendment) Bill, 2019

Motor Vehicle (Amendment) Bill, 2019

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The Amendment to provide road safety, ease of dealings with transport departments, strengthen rural
transport and public transport and last mile connectivity through automation, computerization and
online services to citizens.

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. 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.

Increase in penalties and more stringent provisions are being proposed in respect of offences like
juvenile driving, drunken driving, driving without licence, dangerous driving, over-speeding,
overloading along with provisions for electronic detection of violations of wearing helmet. Penalty
regarding motor vehicles is to be increased by 10 % every year.
Introducing new penalities: a) Oversize Vehicles with Rs 5,000, b) Aggregators or Violators of
licencing conditions with Rs 25,000 to 1,00,000, c) Not providing way for emergency vehicles with
Rs 10,000 d) In case of any Offences by Juveniles then the Guardian / owner shall be deemed to be
guilty with Rs 25,000 and 3 yrs imprisonment and the Juvenile to be tried under Juvenile Justice Act
and the Registration of Motor Vehicle to be cancelled.

Automated fitness testing for vehicles:The Penalty has been provided for deliberate violation of
safety/environmental regulations as well as vehicle spare part builders and suppliers.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.

Recall and replace of defective vehicle: If a defect causes damages to environment, driver, or other
road users, the manufacturer of the recalled vehicle will be required to either reimburse the buyers for
the full cost of the vehicle, or replace the defective vehicle with another vehicle with similar or better specifications.

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National Road Safety Board:The Board will advise central and the state governments on all aspects of
road safety and traffic management including standards of motor vehicles, registration and licensing
of vehicles, standards for road safety, and promotion of new vehicle technology.
Protecting The Helping Hands: The person who renders emergency medical or non-medical
assistance to a victim at the scene of an accident will be prevented from harassment. To help road
accident victims, Good Samaritan guidelines have been incorporated in the Bill.

Accident Fund and Cashless Treatment with Golden Hour Treatment Scheme: Central Government
constitutes motor vehicle accident fund to provide compulsory insurance cover to all road users in
India. For treatment of persons injured in road accidents as per the golden hour scheme, compensation
to representatives of deceased, person grievously hurt and any other persons as prescribed by the
central government.

Delivery of Services using e-Governance seems to be one of the major focuses of the
Amendment Bill


a) Online driving licenses: An online Learners Licence with mandatory online identity verification
Driving test is computerized to avoid fake D.L. Expected to reduce the intensity of corruption in RTO
offices. In order to reduce Commercial drivers scarcity, Commercial licenses will be valid upto five
instead of three years with opening more number of driver Training Schools.

b) New Vehicle Registration: Registration process for new vehicles, at the end of the dealer is being
enabled and restrictions have been imposed on temporary registration. To bring harmony of the
registration and licensing process, it is proposed to create National Register for Driving Licence and
National Register for Vehicle registration through Vahan & Sarathi platforms. We can hope that this
may facilitate uniformity of the process across the country.

 

c) Facilitating Divyang (Disabled): To facilitate transport solutions for Divyang, few changes with respect to grant of driving licenses as well as alterations in the vehicles are introduces to make it fit for their use.

Recognition of Digital Intermediaries (online taxi services) - A New Step further: These are
market places which is used by passengers to connect with a driver for transportation purposes (taxi
services). The Bill provides some guidelines for Aggregators. Earlier, The Motor Vehicles Act, 1988,
did not recognizes cab aggregators as separate entity and there were no rules in many states for
regulating aggregators, taxis etc. Hence, with this amendment the government will now have the
power to frame rules to regulate cab aggregators. This may include Monitoring pricing policy, better
services for passengers, trained and licensed drivers, vehicle conditions, women safetly etc. Althought
violation of licensing conditions could lead these aggregators penalty between Rs 25,000 and Rs 1
lakh. But now they also need to comply with the Information Technology Act, 2000.

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