INTRODUCTION
The penalties under the Motor Vehicles Act 1988 are given under Chapter 13 of the act. Over time, it was realized that the number of accidents and offences related to and caused by the use of motor vehicles was increasing in numbers. It was also felt that the penalties prescribed under the statute were insufficient to deal with the rise in the number of cases. The Motor Vehicles (Amendment) Act 2019 attempts to arrest the rise in the number of motor vehicles accidents and offenses by bringing stricter fines and penalties to deter people from violating traffic laws.
OFFENCES BY JUVENILES
Section 199A of the Motor Vehicles Act 1988 refers to the motor vehicle offences being committed by a juvenile. In such situations, the guardian of the juvenile or the owner shall be punished for the contravention under the act. This section has been added to bring accountability from the guardians of the juveniles who cause motor vehicle accidents. the 2019 amendment to the Motor Vehicles Act 1988 has added that the authority can cancel the registration of the vehicle for a period of one year. The owner will have to apply for fresh registration after a period of one year.
GENERAL PROVISION FOR PUNISHMENT OF OFFENCES
Section 177 of the MV Act 1988 refers to the general provision for the punishment of offences. When any person has contravened any provision of the act, rule notification or regulation made thereunder and there is no punishment prescribed for the same, the person will be punished with fine which may extend upto Rs. 100 for the first offence and Rs 300 for the subsequent offence. The 2019 Amendment has raised the fine to Rs 500 for the first offence and Rs. 1500 for the subsequent offences.
The 2019 Amendment has also added Section 177A to the act. This section states that any person who violates the driving regulations made under Section 118 shall be punished with a fine which shall not be less than Rs 500 but which may extend to Rs 1000.
DISOBEDIENCE OF ORDER OR REFUSAL TO GIVE INFORMATION
If any person willfully disobeys any direction lawfully given by any person or authority empowered by the act to give such direction or obstructs any person in discharge of any functions required to perform under the act, shall be punished with fine upto Rs 2000 under the amended act. Prior to the amendment, the fine levied could extend only upto Rs. 500. Similarly, if a person withholds information or gives information which he knows to be false will be punished with fine of Rs 2000 under the amended act. Prior to the amendment, the fine was of Rs. 500.
DRIVING OF VEHICLES BY UNAUTHORISED PERSONS
If the owner of a vehicle allows an unauthorised person to drive his/her vehicle, then the owner will be punished with a fine of Rs 5000 under the amended act. The fine was of only Rs. 1000 before the amendment. An “unauthorised” person is someone who does not possess a driving license or someone who is under the age of eighteen.
DRIVING WITHOUT LICENSE
The punishment for driving without a license under Section 181 of the Motor Vehicles Act 1988 has been significantly enhanced after the 2019 Amendment. The maximum amount of fine has been increased to Rs 5000 from Rs. 500 under the 2019 Amendment.
DRIVING INSPITE OF DISQUALIFICATION
If any person who is disqualified under the MV Act for holding or obtaining a driving license drives a motor vehicle in a public place or in any other place or applies for or obtains a driving license not being entitled to do so shall be punished with a fine of upto Rs10000 under the 2019 Amendment alongwith imprisonment of upto three months. Before, the amendment the fine was of just Rs 500. Further if a person acts as a conductor despite being disqualified from holding a conductor’s license will be punished with a fine of Rs.10000 alongwith imprisonment for a period of one month under the 2019 Amendment. Before, the amendment the fine could extend to Rs100 only.
OVERSPEEDING
Previously, the fine for overspeeding ranged from Rs 400 to Rs 1000. After the 2019 amendment, the fine has been demarcated according to the type of the motor vehicle. For Light Motor Vehicles, the fine is to range from Rs1000 to Rs 2000. For Medium Goods Vehicle or Medium Passenger Vehicle or a Heavy Goods Vehicle or Heavy Passenger Vehicle, the fine is to range from Rs 2000 to Rs 4000. For subsequent offences, the license of the driver shall be impounded.
DANGEROUS DRIVING
The words “or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,” have been added to Section 184 after the words “dangerous to the public”. The punishment for dangerous driving has been enhanced under the Amendment. Earlier, the imprisonment could extend upto six months and fine would extend upto Rs1000. However now, the imprisonment can range from six months to one year and fine can range from Rs1000 to Rs 5000.
DRUNKEN DRIVING
The fine for drunken driving has been increased to Rs 10000 from Rs 2000 for the first under the 2019 Amendment Act. Similarly, the fine for the second or subsequent offences has been increased to Rs 15000 from Rs 3000 under the 2019 Amendment Act. Now it is not required that the second or subsequent offence should take place within three years of the commission of the first offence.
DRIVING WHEN PHYSICALLY OR MENTALLY UNFIT TO DRIVE
When a person drives a vehicle inspite of knowing the fact that he/she is mentally or physically unfit to drive the vehicle, then the person shall be punished with fine of Rs 1000 for the first offence and Rs 2000 for the second or subsequent offences under the amendment. Prior to the amendment, the fines were of Rs 200 and Rs 500 respectively.
OFFENCES RELATING TO ACCIDENTS
The punishment for offences relating to accidents has been increased to six months of imprisonment from three months and fine has been increased to Rs 5000 from Rs. 500 under the 2019 Amendment. For subsequent offences, the period of imprisonment has been increased to one year from a period of six months. The fine may also extend to Rs 10000 from Rs 1000 previously.
USING VEHICLE WITHOUT PERMIT
The amended act has introduced imprisonment for the first offence under Section 192A. The imprisonment shall extend upto a period of six months. The fine has also been extended from Rs 5000 to Rs 10000 under the amended section. The imprisonment for a subsequent offence has been increased to six months from a period of three months. The fine for a subsequent offence has also now been fixed at Rs 10000. Earlier the fine would range from Rs 5000 to Rs 10000.
DRIVING WITHOUT WEARING A SEAT BELT
Any person who drives a motor vehicle without wearing a seat belt or carries passengers not wearing seat belts shall be punished with a fine of Rs 1000.
OBSTRUCTION TO FREE FLOW OF TRAFFIC
Under the 2019 Amendment to the Motor Vehicles Act 1988, the fine for causing obstruction to the free flow of traffic has been increased to Rs 500 per hour from Rs 50 per hour previously provided under Section 201 of the Motor Vehicles Act 1988.
CONCLUSION
The stringent penalties have been brought under the Motor Vehicles (Amendment)Act 2019 to deter the commission of motor vehicle offenses and to reduce the number of motor vehicle accidents taking place in the country. The 2019 Amendment could pave the way for creating safer roads for the people of the country.
Contributed By : Kritavirya Choudhary (Intern)