By
Tamil Selvi M, III year of B.A.,LL.B.
Introduction
In the 21st-century transport vehicles are improved. If a person wants to reach any destination within the state there are lots of transport vehicles available like bikes, buses, trains, cars and aeroplanes etc. Nowadays there are above 50,000 road accidents registered every day. Reasons behind the road accidents are not following the road rules properly. People want to reach any places quickly so lots of them are breaching the road rules that may lead to accidents. The government enacted some rules and regulations to drive a vehicle in public places that act is known as the Motor Vehicle Act, 1988. Here I discuss the motor vehicle Act, 1988 and some of the procedures must be followed by the people who drive vehicles.
About Motor Vehicle Act
The Motor Vehicles Act was enacted in 1988 and commenced on 1st July 1989. This act was enacted by the Indian parliament. The Motor Vehicle Act consists of some of the rules for the drivers and the Owners of the vehicle. But in the Motor vehicle (amendment) bill,2019 there some new rules and penalties have emerged. There are XIV chapters and 217 sections are in this act. Here some of the sections of this act will be given.
Three main procedures
If a person wants to drive their vehicles in the public places they must follow some procedures.
License for the drivers
Vehicle registration
Road rules
These are the three main procedures.
1) License for the drivers
The main rule which is given in this act is the license for the drivers. The license will grant the people to drive their vehicles on public roads. It comes under chapter II of the motor vehicle act, 1988.
● Section 3 - Necessity for driving licence
1)This section deals no person shall drive their vehicles without having a licence under section 75 sub-section (2) no person drives any motor vehicle which is hired for rent to him or for his purposes.
2) If a person who received any instruction by the central government to driving a motor vehicle shall not come under the condition which is given in the sub-section (1)
● Section 4- Age limit for a person
A person who is above the age of eighteen years is eligible to apply for the license. Under section 18, if a person below the age of twenty is not eligible for getting a driving license of transport vehicles. Who completed sixteen years may allow driving a motorcycle with the engine not exceeding 50cc.
● Section 15- Renewal of licence
Driving Licence should be renewed within or before one year of its expiry date. Renewal applications are made in such forms which are prescribed by the central government. If the licence is expired some fees amount will be payable for Renewal.
2) vehicle registration
Another procedure is vehicle registration. If anyone brought a new vehicle they must be registered based on chapter III of this act.
● Section 39-Necessity for registration
No person shall drive their vehicles in public places if it is not registered. Unless the registration of the vehicle is completed, the registration mark will be displayed.
● Section 40- where was the registration will be held
The registration will be held at the registration office by registering authority within the jurisdiction of the place where the vehicle owner residence or business place is located.
● Section 53- suspended of the registration
Some of the vehicles are dangerous if it drives in the public place or that vehicle is not having a proper permit which is hired for the reward to that person the registration would be suspended. The authority who suspended the registration gave a certificate of suspension to the owner and mentioned the reason for the suspension in the certificate.
3) Road rules
For the safety purpose of the drivers and the public, some road rules are prescribed by the government.
● Wearing helmet by the two-wheelers
● Speed limits while entering into the rush area or school zone etc
● Follow the traffic signals
● Using horns
● Show a proper sign or indicator while turning
● Two members are only allowed for the two-wheelers
● Don't drunk and drive
● Phones are not allowed while driving
● Don't cross the pedestrian line while pedestrians crossing it
● Follow speed limits prescribed by the state government.
Motor Vehicle (Amendment) Bill, 2019
Penalties of offences in the motor vehicles act, 1988 has been increased under the new motor vehicle (Amendment) Bill 209. This act was enacted in September 2019. Enacted by the parliament. The main purpose of this amendment is to bring some safety measures for the drivers. Some of the changes are given below.
1) Driving a vehicle without a licence
If a person drives their motor vehicle without a licence he is liable for the penalty. Rs.500 is a previous penalty but now it is 10 times increased that is Rs.5000 based on this amendment.
2) While Driving not wearing a helmet
While driving two-wheelers a person doesn't wear a helmet the penalty amount in the previous act is Rs.100 now it is increased to Rs.1000.
3) Drunk and drive
A person who drives the vehicle consumes alcohol on the drive he is liable for Rs.10,000 or imprisonment for 6 months for the first time if it is repeated on the second time the penalty is increased to Rs.15,000 or imprisonment for 6 months. Rs. 2000 is the penalty which is given in the motor vehicle Act,1988.
4) Without insurance
If a person drives without insurance the penalty for the first time is Rs.2000 or imprisonment for 3months and the second time is Rs.4,000 or imprisonment up to 3 months. But in the previous act, the penalty is Rs.1,000 or imprisonment for 3 months.
5) Offences by a child below 16
Previous act there is no penalty for this but now the vehicle owner is liable for a fine of Rs.25,000 with 3 years of imprisonment. And also the children are not eligible before they attend 25 years for applying for a learners licence.
6) Violating road rules
If a person violating any road rules the previous penalty is Rs.500 but now it is increased to Rs. 1,000.
7) Licence Renewal
If any person licence is expired then once again they apply for the driving licence test.
Conclusion
These are the main things that must be followed by the drivers and the owners of the vehicle. Motor vehicle act applies to the whole India including Jammu and Kashmir. The main aim of this act is to reduce road accidents.