Motor Vehicles Act 1988

Almost all the characteristics of road transport vehicles are mentioned in detail in the Motor Vehicles Act, 1988 which is an act that was passed by the Parliament of India in 1988. The Act has been active since July 1st, 1989. It was preceded by the Motor Vehicles Act, 1939 and Motor Vehicles Act, 1914. The rules and regulations linked with traffic are specified in this Act. The Central Motor Vehicles Rules 1989 was passed by the Government of India in 1988 for exercising the legislative provisions of the Act. The Act was acted throughout the country.

Traffic Penalties Under Motor Vehicle Amendment Bill (2016)

It is of the highest importance that people follow the traffic rules. These rules are made so that accidents on public roads are avoided. Following these rules aid in managing the traffic better. Under the Motor Vehicle Amendment Bill, 2016, various new amendments have been made which have resulted in an increase in penalties linked with the violation of the traffic rules. The table below lists the penalties for traffic rules violations:

Section	Nature of Offense	Old Provision / Penalty	New Proposed Provision / Minimum Penalties
177	General	Rs 100	Rs 500
New 177 A	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 2,000
180	Unauthorized use of vehicles without license	Rs 1,000	Rs 5,000
181	Driving without license	Rs 500	Rs 5,000
182	Driving despite disqualification	Rs 500	Rs 10,000
182 B	Oversize Vehicles	New	Rs 5,000
183	Overspeeding	Rs 400	Rs 1,000 for LMV Rs 2,000 for Medium passenger vehicle
184	Dangerous driving penalty	Rs 1,000	Up to Rs 5,000
185	Drunken Driving	Rs 2,000	Rs 10,000
189	Speeding/Racing	Rs 500	Rs 5,000
192 A	Vehicle without permit	Up to Rs 5,000	Up to Rs 10,000
193	Aggregators (violations of licensing conditions)	New	Rs 25,000 to Rs 1,00,000
194	Overloading	Rs 2,000 and Rs 1,000 per extra tonne	Rs 20,000 and Rs 2,000 per extra tonne
194 A	Overloading of passengers		Rs 1,000 per extra passenger
194 B	Seat belt	Rs 100	Rs 1,000
194 C	Overloading of two-wheelers	Rs 100	Rs 2,000, Disqualification for 3 months for license
194 D	Helmets	Rs 100	Rs 1,000, Disqualification for 3 months for license
194 E	Not providing a way for emergency vehicles	New	Rs 10,000
196	Driving without insurance	Rs 1,000	Rs 2,000
199	Offenses by Juveniles	New	Guardian/owner shall be deemed guilty. Rs 25,000 with 3 years’ imprisonment. For Juvenile to be tried under the law.
	Hit and Run Compensation		Rs 2,00,000 or Rs 10,00,000 in case of fatality
	Travel without ticket		Rs 500
	Offenses by Enforcing Officers		Twice the penalty

 

New Additions to Motor Vehicles Act, 1988

• The following violations can result in the suspension of the driver's license:

  • Riding without a helmet
  • Speeding
  • Rash Driving
  • Driving under Alcohol Influence
  • Using the phone while driving

• Motorists involved in an accident and who fail to take the victims of the crash to the closest hospital in cases where there is no mob fury will be charged with a 2000 rupees fine and they could also be required to serve a jail term of up to 6 months.

• First-time offenders will be facing a fine of up to 5000 rupees or they can serve in jail for six months for offenses that fall under the purview of the Motor Vehicles Act. Succeeding offenses will attract fines of up to Rs. 10,000 and serving up to two years in jail.

• Driving without a valid car or two wheeler insurance could result in a fine of Rs. 2,000 and up to 3 months in jail. Following offenses would result in a fine of 4, 000 rupees. The owner of the vehicle that doesn't have an insurance and the vehicle gets involved in a car crash, is liable for a  penalty.

• A fine of Rs. 5,000 to Rs. 1 lakh will be levied on individuals, dealers or car body builders who impede with the maintenance of vehicles.

Important Sections in the Motor Vehicles Act

Section 113:

This section reinforces the law concerning the weight which is permitted to be carried by a vehicle.

Section 112:

This section reinforces the law concerning the maximum speed at which a  vehicle can be driven.

Section 129:

This section imposes the law concerning motorcyclists having to wear a helmet while riding the vehicle.

Section 134:

This section specifies the duty of a driver of reporting an accident to a police station when the people involved in the accident require medical attention.

Section 185:

This section imposes the law which prohibits drivers from driving under the influence of alcohol or any drugs.

Some of the general offenses that are committed by drivers on the road

• Not holding a valid license while driving on public roads. The applicable fine could range from 100-300 rupees.

• Driving on a one-way road in the opposite direction is against the law. The first offender can be charged a fine of up to 100-300 rupees.

• Dangerously overtaking vehicles. Fine can range between 100-300 rupees.

• Driving through a red signal is an offense. The fine chargeable can range from 100-300 rupees.

• Driving on the footpath. the fine chargeable is 100-300 rupees.

• Stopping the vehicle at a pedestrian crossing or crossing a stop line is also against the law. Breaking this law can attract a fine of 100-300 rupees.

• Parking violations could attract a fine of 100-300 rupees.

• Number Plate Offences, Improper Headlights used and Horn offenses can also attract a fine of 100-300 rupees.

• Misbehaving while riding a vehicle could also attract a fine of 100-300 rupees.

• If the individual doesn't hold the necessary documents, a fine of 100-300 could be charged.

• Cutting lanes also attract a fine of 100-300 rupees.

• If the driver refuses to pay for hire, they can be fined up to 300 rupees.

• If the law against carrying hazardous goods in the vehicle is violated, then the driver can be charged a fine of 100-300 rupees.

• Accidental offenses can also be charged fine of up to 500-1000 rupees and imprisonment of up to 6 months.

• The driver can be fined 100-300 rupees for using mobile phones while driving.

• If the driver fails to give information to the authorities, then he/she can be fined up to 500 rupees and can get imprisoned up to a month.

• If an individual without a license allows an individual without a licensed ride a vehicle, then the first individual can be charged a fine of 1000 rupees and imprisoned for up to 3 months.

• An individual can incur a fine of up to 2000 rupees and imprisonment of up to 2 years for driving recklessly.

• If an individual is driving under the influence of alcohol/drugs, they can be imposed a fine of up to 3000 rupees and could get imprisoned for two years.

• According to 182(A), the vehicle must be maintained to a standard degree. A fine of 1000-5000 can be charged by the authorities on the individual.

• 400-1000 rupees can be charged as fine for drivers who exceed the speed limit in a particular area.