Enhanced Penalties for offences under Motor Vehicles Amendment Act 2019 comes into effect
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Enhanced Penalties for offences under Motor Vehicles Amendment Act 2019 comes into effect

Meera Emmanuel

The recently notified Motor Vehicles (Amendment) Act, 2019 came into effect on September 1. Among the several provisions that have undergone changes are those concerning the quantum of penalty applicable to various offences. Under the new scheme, the penalties for motor vehicle offences have been enhanced significantly.

Driving without a licence will now impose on the offender a penalty of Rs 5,000 as opposed to the earlier penalty of Rs 500. Driving a vehicle while it is under suspension is punishable with a fine of Rs 10,000, as opposed to the earlier fine of Rs 500. Allowing unauthorised persons to drive the vehicle is punishable with a fine of Rs 5,000 whereas the fine amount earlier was only Rs 1,000.

Reckless driving is now punishable with Rs 5,000 for the first offence and Rs 10,000 for the second offence. Drunken driving is now punishable with a fine of Rs 10,000 for the first offence and Rs 15,000 for the second offence.

Enhanced penalties have also been provided for various other under offences under the Motor Vehicles Act, including travel without tickets, refusal to supply information, disobeying authorities etc.

An illustrative table comprising of enhanced penalties prescribed for prominent offences is provided below:

OffencePenalty fine earlierEnhanced penalty fine following 2019 amendment
 First offenceSecond offenceFirst offenceSecond offence
Driving without a licence5005005,0005,000
Driving a vehicle while it is under suspension/disqualification50050010,00010,000
Allowing unauthorised persons to drive the vehicle1,0001,0005,0005,000
Drunken driving2,0003,00010,00015,000
Travel without ticket200200500500
Disobedience of order of authorities50050020002000

This apart, the 2019 amendment has also introduced several new offences. These include the following offences tabulated below:

Offence DescriptionFine amount for the first offenceFine amount for the second offence
Jumping a red light5,00010,000
Using mobile phones while driving5,00010,000
Overtaking in the no-overtaking zone,5,00010,000
Driving against the flow of traffic5,00010,000
Driving in any manner that would be dangerous5,00010,000
Carrying children below 14 years without a safety belt/child restraint system1,0001,000
Riding more than two persons in two-wheeler1,0001,000
Riding without helmets by both driver and pillion
1,0001,000
Not providing a way for emergency vehicles (Fire Service or Ambulance)1,0001,000
Using horn needlessly or continuously/ prohibited area1,0002,000
Release of exhaust gas other than a silencer1,0002,000
Offences by Juveniles25,00025,000
Not adhering to road design, construction, maintenance by designated authority or contractor, consultant, or concessionaire violating safety standards
 1,00,000 1,00,000
Operating as an aggregator in contravention of section 93 or Rules 1,00,0001,00,000
Rules of Driving regulation violation1,0001,000

The penalty for offences committed by juveniles has been made particularly stringent. If the offence is committed by a juvenile, the juvenile will be tried under the Juvenile Protection Act. The guardian or parent, presumed to have allowed the juvenile to drive, would be punished with imprisonment up to three months and a fine of Rs 25, 000. Further, the motor vehicle registration would also stand cancelled for a year.  In this regard, Section 199A has been introduced.

Another notable provision is the newly introduced Section 210B. As per this provision, if any of the motor vehicle offences are committed by the enforcing authorities, they would be liable for twice the penalty corresponding to that offence under the Act.

The full list of penalties following the 2019 Motor Vehicles Amendent Act may be viewed below:

Penalty_Table.pdf
Preview

Read the Motor Vehicles Amendment Act 2019 here.

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