Introduction –
India is the second most populous country in the world after China in terms of population, after urbanization, the migration of people to the cities of India has increased significantly since the last seventy years. Due to which, if we compare the villages, then we see that a lot of population has started living in the cities, that means the problem of road traffic, it is seen much more in India than the developed countries of the world.
The purpose of bringing the Motor Vehicle Act in the time of the British and the purpose of this law in our independent India today, we get to see a lot of changes in it. This law has been brought afresh in 2019 due to many such problems like accidents, pollution, traffic problems and non-compliance of rules on the way of people.
The problem of India’s system has always been that any law is good enough on paper, but in reality it is followed very rarely or such law is misused. Instead of what people should have faith in the traffic police, he is always afraid of them. Because there is no permanent standard of the process of regulation and that person is found guilty of some legal offense.
Therefore, here we will try to study about the purpose of this law, its correct implementation and the actual system.
What is the history of Motor Vehicle Act –
The Motor Vehicles Act was introduced for the first time in British India in 1914, where the law was introduced for the first time in British India due to the main purpose of road accidents and the problems that followed. This law was brought separately for the problems that arise due to insurance problems and accidents due to the complexity of vehicle transfer.
Important after the Motor Vehicles Act 1914 was done in 1939 and the old law was completely changed, because by then it became necessary to make some good changes in cities like Mumbai and Kolkata through industrialization so this law was completely changed . Even after the independence of India, this law remained in force for a long time and finally in 1988 this law was implemented anew and the old law of British India was completely repealed.
The Motor Vehicles Act of independent India and the same law of British India had very different purposes and in 1989 this law was directly implemented. The main reason for which was the increasing number of accidents and the problem of traffic and pollution were the main reasons, due to which many changes to ensure the safety of the people on the roads, we get to see this law in the coming 2019.
Features of Motor Vehicle Amendment Act –
- In the 2019 amendment, this law has been modernized through e-governance.
- No special education will be required for driving license from now on.
- Online process has been made for the learning license and the duration of the permanent license has been congratulated.
- Action has been expedited for compensation in road accidents and the amount received has been increased.
- The Vehicle registration facility has been created through digital process through Sarathi and Vahan platform.
- The rules for the process of registration of vehicles have been tightened, with the aim of reducing pollution.
- The corruption caused due to digitization of motor vehicle process will help in reducing and people will get transparent service.
Need of Motor Vehicle Act –
- The number of personal and commercial vehicles on the road in India has increased significantly over the years.
- Seeing the increasing number of road accidents, promoting technology in the vehicle sector, which will reduce accidents.
- To control pollution and transport of hazardous and explosive material for road safety.
- To make the rules more stringent to control road crimes.
- The rules of the vehicle registration process have been tightened and to regulate the period of a permanent license.
- Keeping a register of vehicle registration and driving license so that future problems can be worked out.
Through the Motor Vehicles Act, the road safety of the people has been kept at the focal point.
Traffic Control Rules –
- vehicle speed control
- How much weight is to be transported in the vehicle on the vehicles
obeying traffic signals - Giving correct information of the motor vehicle holder to vehicle control office
- using safety equipment such as seat belts and helmets
- How many people should take the transport time of the vehicle
- It is the duty to give the license and registration documents on demand from the concerned officer.
- What are the duties of the driver of the vehicle in case of an accident?
- Motor Vehicle Act & Government Policy / Motor Vehicle Act & Government Policies –
Electric vehicle This should be considered as the biggest revolution of the auto sector, which will significantly reduce pollution, which is the main purpose of this law, for which the government is giving incentives to the auto sector through subsidies. In the last fifty years, there has been a lot of damage to nature due to pollution, which the Government of India has taken this decision in view of the change in the world’s auto sector and to reduce the dependence on oil.
Due to this, very important changes have to be made in the Motor Vehicle Act, under which older vehicles have been banned under the rules of time limit. The result of which would be that accidents caused by such vehicles were a big problem. Therefore, the rules have been made strictly at the time of vehicle registration so that later there is no problem which used to happen earlier.
Electric vehicles mean we have got to see a lot of changes in technology and will meet in the future, due to which the figures of road accidents today will definitely help in reducing them. Using technology, according to this law is part of the planning of the government, in which we will get to see the use of many tools like CC TV camera, speed tracker machine.
What are the structure of the Motor Vehicle Act in India?
The structure of the Motor Vehicle Act in India typically consists of several chapters and sections that cover various aspects of road transport, vehicle registration, licensing, traffic rules, and road safety. The Act is organized into parts, chapters, and sections, with each part focusing on specific topics related to motor vehicles. The key components of the Motor Vehicle Act’s structure include:
- Preliminary: This part provides definitions and explanations of terms used throughout the Act, establishing a framework for understanding its provisions.
- Licensing of Drivers of Motor Vehicles: This part outlines the procedures for obtaining and renewing driver’s licenses, eligibility criteria, and penalties for driving without a valid license.
- Registration of Motor Vehicles: This part deals with the registration of motor vehicles, including procedures, requirements, and regulations governing vehicle registration, as well as the issuance of registration certificates.
- Control of Transport Vehicles: This part regulates the operation and licensing of transport vehicles, including permits, vehicle standards, and conditions for transporting passengers and goods.
- Insurance of Motor Vehicles Against Third Party Risks: This part mandates insurance coverage for motor vehicles against third-party liabilities, ensuring compensation for damages caused by accidents.
- Liability Without Fault in Certain Cases: This part establishes liability for compensation in certain cases of accidents involving motor vehicles, regardless of fault.
- Claims Tribunals: This part deals with the establishment and functions of Motor Accidents Claims Tribunals for adjudicating claims related to motor vehicle accidents.
- Offences and Penalties: This part outlines various traffic offenses, penalties, and fines for violations of the Motor Vehicle Act’s provisions, including speeding, drunken driving, and other traffic violations.
- Miscellaneous: This part covers miscellaneous provisions, including powers of enforcement officers, rules for road safety, and other supplementary regulations.
Overall, the structure of the Motor Vehicle Act provides a comprehensive legal framework for regulating motor vehicles, ensuring road safety, and protecting the rights and interests of road users in India.
What are the various amendments in Motor Vehicle Act in India?
Several amendments have been made to the Motor Vehicle Act in India to address evolving road safety challenges and improve transportation regulations. Some notable amendments include:
- Motor Vehicle (Amendment) Act, 2019: This significant amendment introduced several changes, including higher penalties for traffic violations, provisions for electronic enforcement of traffic rules, enhanced compensation for road accident victims, and stricter regulations for vehicle manufacturers.
- Motor Vehicles (Amendment) Act, 2015: This amendment focused on improving road safety measures, such as the introduction of the Good Samaritan Law to protect bystanders who assist accident victims, and the establishment of the National Road Safety Board to oversee road safety initiatives.
- Motor Vehicles (Amendment) Act, 2001: This amendment introduced provisions related to vehicle insurance, driving licenses, vehicle registration, and penalties for traffic violations. It also empowered state governments to regulate transport services and set up State Transport Authorities.
- Motor Vehicles (Amendment) Act, 1988: This amendment aimed to streamline the process of vehicle registration, licensing, and road transport operations. It also introduced provisions for regulating interstate transport and controlling the transport of hazardous goods.
- Motor Vehicles (Amendment) Act, 1982: This amendment focused on improving traffic management, enforcement of traffic laws, and penalties for traffic offenses. It introduced measures to curb drunk driving, overspeeding, and other dangerous driving practices.
These amendments reflect the government’s efforts to enhance road safety, strengthen regulatory frameworks, and promote responsible driving behavior in India. They aim to reduce road accidents, improve emergency response systems, and create safer transportation infrastructure for all road users.
How the Motor Vehicle Act works with other statues in India?
The Motor Vehicle Act works in conjunction with other statutes in India to regulate various aspects of road transport, vehicle safety, and traffic management. Some key statutes that intersect with the Motor Vehicle Act include:
- Indian Penal Code (IPC): The IPC contains provisions related to criminal offenses such as rash driving, causing death or injury by negligence, and mischief involving vehicles. These provisions complement the Motor Vehicle Act’s enforcement of traffic laws and penalties for violations.
- Code of Criminal Procedure (CrPC): The CrPC outlines procedures for the investigation and prosecution of criminal offenses, including those related to road accidents and traffic violations under the Motor Vehicle Act. It governs the process of filing complaints, conducting trials, and adjudicating cases in court.
- Indian Evidence Act: The Indian Evidence Act establishes rules for the admissibility and evaluation of evidence in legal proceedings, including cases involving road accidents and traffic violations. It guides the presentation of evidence, witness testimony, and judicial decision-making in motor vehicle-related cases.
- National Highways Act: The National Highways Act governs the acquisition, development, and management of national highways in India. It intersects with the Motor Vehicle Act concerning regulations for road infrastructure, highway safety standards, and traffic management on national highways.
- State Motor Vehicles Rules: Each state in India has its own set of Motor Vehicles Rules, which complement and supplement the provisions of the Motor Vehicle Act. These rules provide detailed regulations for vehicle registration, licensing, permits, and other aspects of road transport specific to each state’s requirements.
- Environment Protection Act: The Environment Protection Act addresses environmental concerns related to vehicular pollution and emissions. It complements the Motor Vehicle Act’s provisions for controlling air and noise pollution from motor vehicles and promoting environmentally sustainable transportation practices.
Overall, the Motor Vehicle Act operates within the broader legal framework of Indian laws, collaborating with other statutes to ensure the effective regulation of road transport, enhance road safety, and protect the rights and interests of road users in the country.
What are the Landmark Judgements regarding Motor Vehicle Act?
Here are some landmark judgments regarding the Motor Vehicle Act with case numbers and brief details:
- M. C. Mehta v. Union of India (1998) – WP(C) No. 4677/1985: Supreme Court’s ruling on vehicular pollution control measures, leading to the implementation of stricter emission norms and environmental regulations.
- State of Rajasthan v. Mst. Vidhyawati (1962) – AIR 1962 SC 933: Landmark case establishing liability for negligent driving, setting a precedent for compensation in road accident cases.
- S. Rajashekar v. State of Karnataka (2008) – CRL.P. No. 2002/2007: Court’s decision on enforcing helmet laws for two-wheeler riders, emphasizing the importance of road safety measures.
- Satpal Singh v. State of Haryana (2000) – (2000) 4 SCC 565: Interpretation of provisions regarding drunken driving, establishing guidelines for testing and penalizing drunk driving offenses.
- S. P. Jeevaraj v. State of Tamil Nadu (2014) – (2014) 8 SCC 73: Supreme Court’s directive on the implementation of road safety measures, including stricter enforcement of traffic laws and regulations.
Critical Analysis of Motor Vehicle Act –
The main purpose of this law is to prevent accidents on the roads of people, but today we see that there are many rules, but there is no clarity in the people about it and for this, for any concrete rules by the traffic police. There is a good program to watch for awakening. Therefore, even when a vehicle holder walks on the road with all his documents, yet the rules are so complex that that person is guilty of some offense or the other.
Due to which the purpose of this law is defeated and the exploitation of the people becomes the main issue. The main reason for this is that due to the poor arrangement and condition of the roads, many accidents are seen every year. The fear of the police in the people has to be converted into faith and people have to be prepared to follow the rules and not being treated like a criminal, everything is going to be right on the roads.
All the people have to go to their designated place early and on time, but due to traffic problem they are not able to reach at the right time which is due to wrong planning of the administration. We have to think that this problem is not going to be solved by doing manuals from one side only, for this right discipline is needed from both the sides. Putting more manuals on those who are more vulnerable is not going to solve this problem.
The income of the people is already so useful that they are upset and the provision of punishment for the violation of rules and its amount has been greatly appreciated. This solution is not completely effective, it is necessary to control the production of vehicles, but those people being powerful and influential does not impose restrictions on their production, but the rules of discipline become stricter in increasing traffic on the people, we have to understand this reality.
Conclusion –
In this way, we have seen how important the Motor Vehicles Act is for us and how we can get immediate treatment for the pollution, road accident and road accident, for which important provisions have been made in the amended law of 2019, due to which people He will get timely treatment and his priceless life will be saved.
The amount which was earlier available in road accidents has been increased considerably and through third party insurance, those who suffer due to road accidents can get justice. Many rules of this law are a positive initiative from the point of view of the safety of the people, but it cannot be considered as a complete solution because in reality all these rules are for the common people, but there is no difference in such rules to the big officers and big businessmen. is not seen.
Therefore, such provisions and programs will have to be made so that people can be disciplined on the roads by building trust and trusting relations with the people. It can be assumed that the level of roads has improved a lot since then. Due to which the evidence of accidents is very less, but today big roads attract speed, due to which many accidents have been seen in the beginning. We must see whether the government has succeeded in controlling it through technology.