Before the introduction of the Motor Vehicle (Amendment) Act, 2019, India’s road safety laws were primarily governed by the Motor Vehicles Act, 1988, which was drafted over three decades ago. While it laid the foundation for road safety regulations, it lacked provisions to address modern road safety challenges, including the growing number of vehicles, infrastructure problems, and advancements in traffic enforcement technology. The Motor Vehicle (Amendment) Act, 2019, was introduced to address these gaps and bring Indian road safety laws in line with global standards. Below is a more detailed comparison between the two acts.
1. Safety of Pedestrians & Non-Motorized Transport
- Motor Vehicle Act, 1988: The original law did not provide specific rules for the safety of pedestrians or non-motorized road users like cyclists, rickshaw pullers, or those using other traditional forms of transport. As a result, there was little focus on the protection of these vulnerable road users.
- Motor Vehicle (Amendment) Act, 2019: The 2019 amendment introduced provisions that empower state governments to regulate the safety of pedestrians and non-motorized road users. This includes ensuring safer road infrastructure, designated pedestrian crossings, and measures to safeguard cyclists and others who are more vulnerable in traffic. These changes reflect the growing concern about the safety of these groups, especially in urban areas where foot traffic and non-motorized transport are common.
2. Children’s Safety During Commute
- Motor Vehicle Act, 1988: The 1988 law did not have specific provisions addressing child safety in vehicles. It lacked guidelines on the use of seat belts and other protective measures for children.
- Motor Vehicle (Amendment) Act, 2019: This law introduced several crucial provisions aimed at improving child safety during travel. For example, Section 194B mandates that children must be securely fastened with seat belts when traveling in cars, with a fine of ₹1,000 for non-compliance. Additionally, Section 129 requires children above the age of four to wear protective helmets when traveling on motorcycles. These provisions reflect a broader global trend toward increasing child safety in transportation.
3. Recalling of Vehicles
- Motor Vehicle Act, 1988: The original law did not have provisions for recalling vehicles that failed to meet safety or environmental standards. There was no mechanism in place to address faulty vehicles that could pose a risk to road users.
- Motor Vehicle (Amendment) Act, 2019: The 2019 amendment introduced provisions that allow the central government to order the recall of vehicles that do not meet safety or environmental standards. This move is critical as it ensures that manufacturers and vehicle owners are held accountable for defective or unsafe vehicles that could endanger road users. The law empowers testing agencies to assess vehicles and initiate recalls if necessary, further enhancing road safety.
4. Stringent Punishments for Faulty Road Designs, Engineering & Maintenance
- Motor Vehicle Act, 1988: The earlier law did not hold road contractors, engineers, or agencies accountable for faulty road designs or poor maintenance. This lack of accountability meant that many accidents were caused by poorly designed or badly maintained roads, without any consequences for those responsible.
- Motor Vehicle (Amendment) Act, 2019: The 2019 law introduced Section 198A, which makes road contractors, engineers, and agencies responsible for faulty road designs or poor maintenance. The law imposes fines of up to ₹1 lakh on them if their negligence leads to accidents. This is a significant step toward addressing the underlying infrastructure issues that contribute to road accidents, particularly in areas with poorly maintained roads.
5. Electronic Monitoring and Enforcement of Road Safety
- Motor Vehicle Act, 1988: While the original law acknowledged the importance of road safety, it left the enforcement of road safety measures, including electronic monitoring, to individual states. This inconsistency in enforcement across states often led to gaps in road safety measures.
- Motor Vehicle (Amendment) Act, 2019: The 2019 amendment introduced Section 136A, which mandates the establishment of national rules for electronic monitoring and enforcement of road safety. This provision ensures uniform enforcement across the country, using technology like CCTV cameras, speed radar guns, and other monitoring tools to enhance the enforcement of traffic laws. By making electronic monitoring mandatory across states, the amendment helps create a more efficient and consistent approach to road safety.
6. Offenses by Juveniles
- Motor Vehicle Act, 1988: The 1988 law did not have specific provisions for juvenile offenders. When juveniles committed traffic violations, there were no specific penalties for their actions, and the vehicle owner or guardian was typically held responsible for unauthorized driving.
- Motor Vehicle (Amendment) Act, 2019: The 2019 law introduced Section 199A, which holds the adult/guardian or the vehicle owner accountable for crimes committed by juveniles. This provision includes penalties of ₹25,000 or imprisonment of up to three years, along with the cancellation of the vehicle’s registration. The law thus emphasizes responsibility and deterrence, ensuring that guardians and vehicle owners are more cautious about allowing minors to operate vehicles.
7. Dangerous Driving
- Motor Vehicle Act, 1988: Under the 1988 Act, dangerous driving was narrowly defined and primarily focused on reckless speeding and dangerous driving maneuvers.
- Motor Vehicle (Amendment) Act, 2019: The 2019 amendment expanded the definition of dangerous driving to include running red lights, using mobile phones while driving, and driving on the wrong side of the road. The fines for these offenses were also significantly increased, with fines ranging from ₹2,000 to ₹10,000, and imprisonment of 6 months to a year for repeat offenders. This broader definition recognizes that dangerous driving can encompass a range of reckless behaviors, not just speeding.
8. National Road Safety Board
- Motor Vehicle Act, 1988: The 1988 law did not provide for a national body to oversee road safety issues in India.
- Motor Vehicle (Amendment) Act, 2019: The 2019 amendment introduced the National Road Safety Board (Section 215D). This body is tasked with advising the government on road safety measures, traffic management, road design, and vehicle standards. The creation of this board reflects the growing importance of centralized coordination in road safety efforts and provides an institutional mechanism for addressing the country’s road safety challenges.
9. Penalty Multiplier
- Motor Vehicle Act, 1988: The original Act did not allow for the multiplication of penalties, meaning fines for traffic violations were fixed.
- Motor Vehicle (Amendment) Act, 2019: The new law introduced Section 210A and 210B, allowing state governments to increase penalties up to ten times for certain traffic violations. This flexibility allows states to impose higher fines where necessary, especially in cases where there is a significant public interest in deterring unsafe driving behavior.
10. Compensation in Hit-and-Run Cases
- Motor Vehicle Act, 1988: Under the 1988 law, the compensation for victims of hit-and-run accidents was relatively low—₹12,500 for grievous injuries and ₹25,000 for fatalities.
- Motor Vehicle (Amendment) Act, 2019: The 2019 amendment significantly increased the compensation amount to ₹50,000 for grievous injuries and ₹2 lakh (or more) for fatalities in hit-and-run cases. This increase in compensation ensures that victims and their families are better supported financially in the aftermath of such accidents.
Conclusion
The Motor Vehicle (Amendment) Act, 2019 represents a major overhaul of India’s road safety regulations, addressing the shortcomings of the Motor Vehicles Act, 1988. The 2019 amendment introduces stricter penalties for traffic violations, enhances the protection of vulnerable road users, and focuses on improving road infrastructure and enforcement mechanisms. By tackling issues like child safety, dangerous driving, and road design accountability, the 2019 Act aims to create a safer road environment in India, thereby reducing the growing number of accidents and fatalities. With the introduction of provisions like the National Road Safety Board and the ability to recall faulty vehicles, the amendment sets the stage for a more coordinated and effective approach to road safety across the country.