AMENDED MOTOR VEHICLE ACT

AMENDED MOTOR VEHICLE ACT: DETAILS AND ISSUES

Original motor vehicle act came into force in 1988 since then Indian system of road safety operating under this act. Recently, Indian parliament passed amendments into old act to deal with challenges of road safety of current times. This act came into force at 1 september 2019.

What it is?

since the original act passed India witnessed increasing Urbanisation and increase in average Indian income which lead to increase in motor vehicle density on roads. Absense of coordinated policy action at centre and state level accounted for higher accidents and related fatalities on roads.

As per 2017 data of ministry of road transport and highways, there was 4.67 lakhs accidents in which 1.47 lakhs lost their lives which is much higher in comparison to other developing countries.According to ministry, 3% GDP is lost per year due to road accidents.

Government has set up committee in 2007 to look into road safety related issues under Ms. M.S.sunder, again in 2016 group of state transport ministers set up to look into the same issue.

Group suggested amendment into old act to strengthen it further by increasing penalties for violation traffic rules. 

However, amended act is only model act and its upto state governments to notify new rules in their respective states.

As per new act, there are increase in penalty amount for normal breach of rules and provision of heavy fines and also jail terms for serious breach of rules like drunken driving, dangerous driving like over speeding, stunting, driving without insurance and others. There are also provision of electronic services like online application for driving license,vehicle registration, paying fines and provision for electronic monitoring of traffic safety by states. Act promises to protect good samaritans from any civil and criminal liability.

Why it is important

As per government, most of the accidents happen due to negligence on the part of driver. People neither respect nor fear the law. Hence new act with heavy penalties would have deterrent effect on traffic violators and people began to follow traffic rules which will reduce accidents and save countless lives.

Issues with the new act

1) The act caps the maximum liability on third party insurance but does not cap the compensation amount awarded by courts. In cases, where compensation awarded is higher than maximum liability amount, its not clear who will pay rest of the amount.

2) Act does not provide for road safety authority at central and state level who will take care of issues such as setting of standards for roads and audit of roads, prescribe vehicle safety norms, road safety research and others.

3) Many a times poor road design and engineering responsible for accidents, this act has not shed any light on this issue.

4) Weather condition, other drivers fault, defects in condition of vehicles, fault of pedestrian are other reasons which need consideration, are left by new act.

5) New act may lead to increase in petty corruption cases involving traffic police and harassment of common people.

Way ahead

1) Sensitisation and awareness programmes related to traffic rules must go along with new act so that people obey rules with concern of their safety on road.

2) Use of technology to keep monitor traffic and weed out petty corruption.

3) Road safety authority should be established to take care of road safety related issues.

4) Focus should be on road design and engineering so that opportunity for human error on roads can be minimized.