Overview :-
The act is amended by The Motor Vehicles (Amendment) act, 2019. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. The Motor Vehicle Act is a law relating to torts that is founded on the concept that every injury has a remedy. The Motor Vehicle Act of 1988 has been regarded as a welfare law aiming at offering relief to those who have been harmed. This Motor Vehicle Act is mainly concerned with granting relief to innocent people on the road who are frequent victims of accidents and then find themselves without a claim to the compensation that they should normally receive.
Type of Motor Vehicle Laws in India :-
- The Fatal Accidents Act,(1855):- An Act to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong.
- The Road Transport corporation Act (1950):- An Act to provide for the incorporation and regulation of Road Transport Corporations.
- The National Highways Act (1956):- An Act to provide for the declaration of certain highways to be national highways and for matters connected therewith.
- The Motor Transport Workers Act (1961):-An Act to provide for the welfare of motor transport workers and to regulate the conditions of their work .
- The Public Liability Insurance Act(1961):- An Act to provide for public liability insurance for the purpose of providing immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.
- The NHAI Act (1988):- An Act to provide for the constitution of an Authority for the development, maintenance and management of national highways and for matters connected therewith or incidental thereto.
- The Motor Vehicles Act (1988):- An Act to consolidate and amend the law relating to motor vehicles
- The Multimodal Transportation of Goods Act (1993):- An Act to provide for the regulation of the multimodal transportation of goods, from any place in India to a place outside India, on the basis of a multimodal transport contract and for matters connected therewith or incidental thereto.
- The Control of National Highways (Land ad traffic )Act,(2002):- An Act to provide for control of land within the National Highways, right of way and traffic moving on the National Highways and also for removal of unauthorised occupation thereon.
Document to be hold by any Vehicle Owner :-
1.- Purchased receipt
2:- Insurance Policy and if it is violated it is Punishable u/s 130 r/w sec 177
3:- Pollution Certificate
4:- Registered certificate as given Under Chapter 4 of M.V. Act,1988
5:- Driving License issued above 18 years of age U/S :- 2(10) & Ch. 2 of M.V act/ and if it is violated Punishable under Section 3 r/w Section 181 of the M.V. Act.
*American DL is not valid in India decided in state vs. Sanjeev Nanda 2012
6:- Learner’s Licence U/S:- 2(19) issued who has completed age of 16 years and can ride only 50 CC vehicle
7:- Age above 20 years to drive a Transport vehicle .
8:- A breach of Section 130(3) r/w Section 177 of the M.V.act,1988 occurs when a person does not have all of their required documents.
Precaution to be taken During Driving :-
1.- Follow all the traffic rules and signs as defined U/S 45 and given in Schedule 1 of M.V .act (2019)
2:- Safe Driving
3:- Don’t Drink n’ Drive
4:- Avoid Rash driving as it violate sec 112-183 of M.V act 1988
5:- Do not drive without holding Proper Licence as it is an offence under Section 3 r/w Section 181 of M.V.act 1988
6:- Timely service Your vehicle to save from any mishap as it violate u/s 130 r/w Section 177 of the M.V.Act ,1988
7:- Golden Hour :- 1 Hour time between traumatic accidents.
8:- Riding without a helmet is punishable under Section 129 r/w Sec. 177 of the M.V.1988.
8:- Driving a vehicle while not wearing a seat belt violates Rule 138(3) of the Central Motor Vehicle Rules and r/w Section 177 of the M.V.Act 1988
Precaution to be taken by seller or buyer of vehicles:-
1.- If you are a seller or Buyer of a second hand vehicle then immediately take the No objection certificate of the transaction between you and another party issued from the nearest RTO.
2:- If your vehicle got lost then immediately go and file an application in Nearest Police station for the filing of an FIR.
3:- If you are making your vehicle driven by some other person or working as an Aggregator Please make sure of detailed police verification of that driver.
a:- If you let someone Drive your vehicle who is not holding Proper licence is violative U/S sec 5 r/w sec 180 of M.V.act 1988.
4:- If you are Learning to drive your vehicle Please use “L” Mark on Your vehicle and by holding Learner’s Licence
5:- All the Paperwork of the vehicle must be updated timely.
6:- No owner or Person in charge of a motor vehicle shall cause or permit any person who does not satisfy above mentioned requirements.
If you have Failed in taking above mentioned Precautions :-
Penalties Under Indian penal code ,1860
1:- If damaged is caused by your vehicle then the compensation be paid to the victim by the vehicle owner through the Motors Accidents claims tribunal formed under state authority
2:- If any Person drives a vehicle negligently which may cause danger to life to any Person he may be charged U/s 279 of IPC and Punishment given which may be of 6 month or fine up to 1000/- or Both
3 :- If any simple hurt has been caused as Provided U/S 337 of IPC,Punishment may be of 6 months of imprisonment or fine up to 500 or both.
4.:- If any Grievous Hurt has been caused U/S 338 of IPC then Punishment may be given for 2 years and fine up to 2000/-
5:- If any death has been caused due to Negligent driving then U/S 304 (A) of IPC Punishment may be given of 2 years or fine or Both.
Penalties under Motor vehicle act ,1988 (as amended by act 2019):-
| S.no | Violation | New penalty from September 2019 |
| 1. | Driving/ Riding without licence | ₹5,000 and/or community service. |
| 2. | Driving/Riding under the influence of an intoxicating substance | ₹10,000 and/or 6 months prison| ₹15,000 and /or 2 years jail for the repetitive violation. |
| 3. | Overspeeding | Light motor vehicle: ₹1,000- ₹2000MPV/HPV: ₹2,000-₹4,000 (+licence seizure). |
| 4. | Driving without a seat belt | ₹1,000 and/or community service. |
| 5. | Driving/Riding without insurance | ₹2,000 and/or 3-months prison, community service | ₹4,000 for a subsequent offence. |
| 6. | Violating road regulations | ₹500- ₹1000 |
| 7. | Dangerous driving/riding and jumping red light | ₹1,000- ₹5,000 and/or 6-months to 1 year in prison, licence seizure. |
| 8. | Driving/Riding while on the mobile (handheld) | ₹5,000 |
| 9. | Speeding, Racing | ₹5,000 and/or 3-months prison, community service | ₹10,000 for subsequent violation and up to 1 year in prison, community service. |
| 10. | Not giving way to emergency vehicles like ambulances, fire engines, etc. | ₹10,000 and/or community service. |
| 11. | Riding without Helmet (rider and pillion rider) | ₹1000, and or licence disqualification, community service for 3-months. |
| 12. | Overloading Two-Wheelers | ₹2,000 and licence disqualification and/or 3-months of community service. |
| 13. | Juvenile Offences | ₹25,000 with 3-years prison, cancellation of registration for 1-year, juvenile ineligible for licence until 25 years of age. |
| 14. | Driving/Riding despite disqualification | ₹10,000, and/or community service. |
| 15. | Overboarding Passengers | ₹200 for every extra passenger and/or community service. |
| 16. | Driving/Riding without ticket | ₹500 |
| 17. | Offence committed by enforcing authorities such as offering bribes | Twice the penalty (varies according to traffic rules violated). |
| 18. | Unauthorised use of vehicles without licence | ₹1,000- ₹5,000 |
| 19. | Disobedience of orders of the authorities | ₹2,000 |
| 20. | Vehicles without permit | ₹10,000 and/or up-to 6-months prison, community service. |
| 21. | Oversized Vehicles | ₹5,000 to ₹10,000 and/or community service. |
| 22. | Overloading | ₹20,000 + ₹2,000 for every extra tonne and/or community service. |
| 23. | Driving/Riding without licence (for aggregators) | ₹25,000 to ₹1,00,000 |
| 24. | Driving/Riding without registration | ₹5,000 | ₹10,000 for a subsequent offence. |
| 25. | Using horn in silent zone | ₹2,000 | ₹4,000 for a subsequent offence. |
Summary :-
The Motor Vehicle Act 1988 ensures the safety of all citizens in the country and to defend oneself from harm and to claim compensation from the state or third Party. This legislation directs the citizens of our Nation to follow the rules and regulation ,and in violation heavy fines are imposed. This MV Act 1988 protects not only vehicle owners and drivers, but also the people who use the roads on a regular basis across the country. If an unavoidable event causes an accident that leads to death, permanent disability, or minor harm, the victim and their family are eligible to seek compensation from the offenders or drivers of the vehicle who caused the accident. Thus, the article summarises that citizens must follow the Act’s Rules and regulation in order to make India a better place to live in.