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MOTOR VEHICLES (AMENDMENT) ACT, 2019
[9th August, 2019.]
An Act further to amend the Motor Vehicles Act, 1988. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:-
The Motor Vehicles (Amendment) Act, 2019, represents a significant overhaul of the existing Motor Vehicles Act, 1988, aimed at enhancing road safety, improving compliance with traffic regulations, and increasing penalties for violations. This amendment is a response to the rising number of road accidents and aims to create a safer driving environment in India.
Section Pre of the Motor Vehicles (Amendment) Act, 2019, outlines the short title and commencement of the Act. It establishes that the Act may be cited as the Motor Vehicles (Amendment) Act, 2019, and specifies the date of enforcement.
The scope of Section Pre is limited to the formal introduction of the Act, setting the stage for the subsequent provisions that detail the amendments to the Motor Vehicles Act, 1988. It does not delve into the specifics of penalties or regulations but serves as a foundational element for the entire legislative framework.
As Section Pre does not contain any punitive measures or penalties, it serves primarily as a procedural introduction to the Act.
(1) This Act may be called the Motor Vehicles (Amendment) Act, 2019.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
In the Motor Vehicles Act, 1988 [59 of 1988.] (hereinafter referred to as the principal Act), in section 2,-
(i) for clause (1), the following clauses shall be substituted, namely:-
‘(1) “adapted vehicle” means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person;
(1A) “aggregator” means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;
(1B) “area”, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;’;
(ii) after clause (4), the following clause shall be inserted,
The Motor Vehicles (Amendment) Act, 2019, represents a significant overhaul of the existing Motor Vehicles Act, 1988. This amendment aims to enhance road safety, streamline compensation processes for accident victims, and impose stricter penalties for traffic violations. Section 2 of the Amendment Act specifically addresses the commencement of the Act and its provisions.
Section 2 of the Motor Vehicles (Amendment) Act, 2019 states that the Act shall come into force on a date appointed by the Central Government through a notification in the Official Gazette. Different dates may be appointed for different provisions of the Act.
Section 2 provides the framework for the implementation of the entire Amendment Act. It allows for a staggered approach to the enforcement of various provisions, ensuring that the government can prepare adequately for the changes being introduced.
Section 2 itself does not prescribe any punishments; rather, it serves as a procedural guideline for the commencement of the Act. The penalties for specific violations are detailed in other sections of the Amendment Act.
After section 2A of the principal Act, the following section shall be inserted, namely:-
“2B. Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.”.
In section 8 of the principal Act,-
(i) in sub-section (1), for the words “the licensing authority having jurisdiction in the area”, the words “any of the licensing authority in the State” shall be substituted;
(ii) in sub-section (2), for the words “and with such fee”, the words “with such fee and submit in such manner, including electronic means” shall be substituted;
(iii) in sub-section (3),-
(a) after the word “application”, the words “to drive a transport vehicle made” shall be inserted;
(b) the proviso shall be omitted;
(iv) in sub-section (4), in the proviso, for the words “invalid carriage”, the words “adapted vehicle” shall be substituted;
(v) in sub-section (5), for the words “passes to the satisfaction of the licensing authority such test”, the words “satisfies such conditions” shall be subst
In section 9 of the principal Act,-
(i) in sub-section (1), for the words “the licensing authority having jurisdiction in the area”, the words “any licensing authority in the State” shall be substituted;
(ii) in sub-section (3), for the second proviso, the following proviso shall be substituted, namely:-
“Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.”;
(iii) in sub-section (4), the words “such minimum educational qualification as may be prescribed by the Central Government and” shall be omitted;
(iv) in sub-section (5), in the proviso, after the words “last such test”, the words and figures “and such applicant shall be required to complete a remedial driver training course from any school or establishment under
In section 10 of the principal Act, in sub-section (2), in clause (c), for the words “invalid carriage”, the words “adapted vehicle” shall be substituted.
In section 11 of the principal Act,-
(i) in sub-section (1), for the words “the licensing authority having jurisdiction in the area”, the words “any licensing authority in the State” shall be substituted;
(ii) in sub-section (2), the following proviso shall be inserted, namely:-
“Provided that the licensing authority may, before issuing the license verify the identity of the applicant in such manner as may be prescribed by the Central Government.”.
In section 12 of the principal Act, after sub-section (4), the following sub-sections shall be inserted, namely:-
“(5) Notwithstanding anything contained in any other provision, where any school or establishment has been accredited by a body notified by the Central Government under any other law for the time being in force, any person who has successfully completed a training module at such school or establishment covering a particular type of motor vehicle shall be eligible to obtain a driving licence for such type of motor vehicle.
(6) The curriculum of the training module referred to in sub-section (5) and the remedial driver training course referred to in sub-section (5) of section 9 shall be such as may be prescribed by the Central Government and that Government may make rules for the regulation of such schools or establishments.”.
In section 14 of the principal Act, in sub-section (2),-
(i) in clause (a),-
(A) for the words “three years”, the words “five years” shall be substituted;
(B) in the proviso, for the portion beginning with the words “one year” and ending with the word “and” the words “three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and”, shall be substituted;
(ii) for clause (b), the following clause shall be substituted, namely:-
“(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,-
(i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or
In section 15 of the principal Act,-
(i) in sub-section (1), in the first proviso, for the words “more than thirty days”, the words “either one year prior to date of its expiry or within one year” shall be substituted;
(ii) in sub-section (3), for the words “thirty days”, the words “one year” shall be substituted; and
(iii) in sub-section (4),-
(a) for the words “thirty days”, the words “one year” shall be substituted; and
(b) in the second proviso for the words “five years after the driving license has ceased to be effective, the licensing authority may”, the words “one year after the driving licence has ceased to be effective, the licensing authority shall” shall be substituted.
The Motor Vehicles (Amendment) Act, 2019 brought significant reforms to the Motor Vehicles Act, 1988, aiming to enhance road safety, streamline licensing procedures, and strengthen penalties for violations. Section 10 specifically addresses licensing provisions, clarifying the scope of licenses, endorsements, and the classification of vehicles, especially in light of amendments made to adapt to evolving transportation needs and safety standards.
Section 10 delineates the categories of motor vehicles and the licensing requirements for drivers. It emphasizes that:- The licensing authority shall issue licenses for different classes of vehicles, including 'Light Motor Vehicles', 'Transport Vehicles', and 'Invalid Carriages'.- The definition of 'Transport Vehicle' encompasses vehicles used for carrying goods or passengers for hire or reward.- The section clarifies that a license to drive a 'Light Motor Vehicle' (LMV) also authorizes the driver to operate vehicles falling within the same category, including certain transport vehicles, without requiring separate endorsements, provided the vehicle's gross weight does not exceed 7,500 kgs.- It incorporates amendments that recognize 'adapted vehicles' and clarifies licensing procedures in the context of vehicle modifications and classifications.
While Section 10 itself primarily deals with licensing scope, violations related to licensing or vehicle classification are penalized under other provisions of the amended Motor Vehicles Act, such as:- Driving without valid endorsement or license (Section 3 and 10(2)), which attracts penalties including fines, disqualification, or imprisonment.- Operating vehicles beyond permitted weight/class without proper endorsement can lead to penalties under Sections 177, 177A, and related provisions.- Vehicle modifications or alterations in contravention of the Act attract penalties under Section 182A, including fines and imprisonment.- Driving in violation of safety standards, including tampering with lighting, reflectors, or other safety features, results in penalties under Sections 190 and 206.
Section 10 of the Motor Vehicles (Amendment) Act, 2019, has been pivotal in clarifying the scope of licenses, vehicle classifications, and the impact of minor modifications. It aligns statutory provisions with evolving safety standards and judicial interpretations, promoting a simplified yet robust licensing regime that balances regulatory compliance with operational flexibility. Penalties for violations are stringent, reinforcing the emphasis on road safety, vehicle standards, and lawful operation.
**- [Section 10, Motor Vehicles (Amendment) Act, 2019]- [Supreme Court judgments: Annappa case, Mukund Dewangan, etc.]- [Central Motor Vehicles Rules, Form 4, AIS standards]- [Various amendments and notifications under the Motor Vehicles Act, 1988]
In section 19 of the principal Act,-
(i) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence-
(a) for a first offence, for a period of three months;
(b) for a second or subsequent offence, with revocation of the driving licence of such person:
Provided that where a driving licence is revoked under this section, the name of the holder of such driving lice
After section 25 of the principal Act, the following section shall be inserted, namely:-
National Register of Driving Licences.
“25A. (1) The Central Government shall maintain a National Register of Driving Licences in such form and manner as may be prescribed.
(2) All State Registers of Driving Licences shall be subsumed under the National Register of Driving Licences by a date to be notified by the Central Government.
(3) No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences.
(4) All State Governments and licensing authorities under this Act shall transmit all information including contained data in the State Register of Driving Licences in such form and manner as may be prescribed by the Central Government.
(5
For section 26 of the principal Act, the following section shall be substituted, namely:-
Maintenance of State Registers of Driving Licences.
“26. Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including––
(a) names and addresses of holders of driving licences;
(b) licence numbers;
(c) dates of issue or renewal of licences;
(d) dates of expiry of licences;
(e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.”.
In section 27 of the principal Act,-
(i) after clause (d), the following clauses shall be inserted, namely:-
“(da) the form and manner in which a licensing authority may issue a learner’s licence under sub-section (6) of section 8;
(db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;”;
(ii) after clause (j), the following clauses shall be inserted, namely:-
“(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12;
(jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14;
(jc) the manner in which
In section 28 of the principal Act, in sub-section (2), clause (j) shall be omitted.
In section 40 of the principal Act, for the words “a registering authority”, the words “any registering authority in the State” shall be substituted.
In section 41 of the principal Act,––
(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-
“Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.”;
(ii) in sub-section (3),––
(a) for the words “to the owner of a motor vehicle registered by it a certificate of registration”, the words “a certificate of registration in the name of the owner” shall be substituted;
(iii) in sub-section (6), the following proviso shall be inserted, namely:-
“Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicl
For section 43 of the principal Act, the following section shall be substituted, namely:-
Temporary Registration.
“43. Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government:
Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.”.
For section 44 of the principal Act, the following section shall be substituted, namely:-
Production of vehicle at the time of registration
“44. (1) Subject to such terms and conditions as may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time.
(2) Subject to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority.”.
In section 49 of the principal Act,-
(i) in sub-section (1), for the words “registering authority, to that other registering authority”, the words “State, to any registering authority in that State” shall be substituted;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.”;
(iii) in sub-section (2), for the words “one hundred rupees”, the words “five hundred rupees” shall be substituted.
In section 52 of the principal Act,-
(i) in sub-section (1), for the second proviso, the following proviso shall be substituted, namely:-
“Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment.”;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.”;
(iii) for sub-section (2), the following sub-section shall be
In section 55 of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:-
“(5A) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year:
Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41.”.
In section 56 of the principal Act,-
(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-
“Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.”;
(ii) for sub-section (2), the following sub-section shall be substituted, namely:-
“(2) The “authorised testing station” referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.”;
(iii) in sub-section (4), for the proviso, the following provisos shall be substituted, namely:-
In section 59 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-
“(4) The Central Government may, having regard to the public safety, convenience, protection of the environment and the objects of this Act, make rules prescribing the manner of recycling of motor vehicles and parts thereof which have exceeded their life.”.
After section 62 in the principal Act, the following sections shall be inserted, namely:-
Prohibition of registration and issuance of certificate of fitness to oversized vehicles.
“62A. (1) No registering authority shall register any motor vehicle that contravenes any rule made under clause (a) of sub-section (1) of section 110.
(2) No prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110.
National Register of Motor Vehicles.
62B. (1) The Central Government shall maintain a National Register of Motor Vehicles in such form and manner as may be prescribed by it:
Provided that all State Registers of Motor Vehicles shall be subsumed under the National Register of Motor Vehicles by such date as may be notified in the
For section 63 of the principal Act, the following section shall be substituted, namely:-
Maintenance of State Registers of motor vehicles.
“63. Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicles, in respect of the motor vehicles in that State, containing the particulars including-
(a) registration numbers;
(b) years of manufacture;
(c) classes and types;
(d) names and addresses of registered owners; and
(e) such other particulars as may be prescribed by the Central Government.”.
In section 64 of the principal Act,-
(i) after clause (d), the following clause shall be inserted, namely:-
“(da) providing for the period of validity of a certificate of registration under sub-section (7) of section 41;”;
(ii) after clause (e), the following clause shall be inserted, namely:-
“(ea) the period of renewal of certificate of registration of different types of motor vehicles under sub-section (10) of section 41;”;
(iii) after clause (f), the following clauses shall be inserted, namely:-
“(fa) the issue of temporary certificate of registration and temporary registration mark under section 43;
(fb) the terms and conditions under which a motor vehicle sold by an authorised dealer shall not require production before a registering authority under sub-section (1) of section 44;”;
In section 65 of the principal Act, in sub-section (2),-
(i) in clause (f), after the word “marks”, the words and figures “under the proviso to section 43” shall be inserted;
(ii) clause (o) shall be omitted.
In section 66 of the principal Act,––
(i) in sub-section (1), after the third proviso, the following proviso shall be inserted, namely:-
“Provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this Act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at the discretion of the vehicle owner.”;
(ii) in sub-section (3), after clause (p), the following clause shall be inserted, namely:-
“(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) of section 67 or sub-section (1) of section 88A, or plying under such orders as may be issued by the Central Government or by the State Government.”.
After section 66 of the principal Act, the following sections shall be inserted, namely:––
National Transportation Policy.
“66A. The Central Government may develop a National Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies with a view to-
(i) establish a planning framework for passengers and goods transportation within which transport bodies are to operate;
(ii) establish a medium and long term planning framework for all forms of road transport, identify areas for the development of transport improvement infrastructure across India in consultation with the authorities and agencies related to ports, railways and aviation as well as with local and State level planning, land holding and regulatory authorities for the delivery of an integrated multimodal transport system;
(iii) est
In section 67 of the principal Act,-
(i) for sub-section (1), the following sub-section shall be substituted, namely:- “(1) A State Government, having regard to-
(a) the advantages offered to the public, trade and industry by the development of motor transport;
(b) the desirability of co-ordinating road and rail transport;
(c) the desirability of preventing the deterioration of the road system, and
(d) promoting effective competition among the transport service providers,
may, from time to time, by notification in the Official Gazette issue directions both to the State Transport Authority and Regional Transport Authority regarding the passengers’ convenience, economically competitive fares, prevention of overcrowding and road safety.”;
(ii) in sub-section (2), the following proviso shall be inserted, namely
In section 72 of the principal Act, in sub-section (2), the following proviso shall be inserted, namely:-
“Provided that the Regional Transport Authority may waive any such condition for a stage carriage permit operating in a rural area, as it deems fit.”.
In section 74 of the principal Act,-
(i) in sub-section (2), the following proviso shall be inserted, namely:-
“Provided that the Regional Transport Authority may in the interests of last mile connectivity waive any such condition in respect of any such types of vehicles as may be specified by the Central Government.”;
(ii) in sub-section (3), in the proviso to clause (b), after sub-clause (vi), the following sub-clause shall be inserted, namely:-
“(vii) self-help groups.”.
After section 88 of the principal Act, the following section shall be inserted, namely:-
Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods.
“88A. (1) Notwithstanding anything contained in this Act, the Central Government may, by notification in the Official Gazette, modify any permit issued under this Act or make schemes for national, multimodal and inter-State transportation of goods or passengers, and issue or modify licences under, such scheme for the following purposes, namely:-
(a) last mile connectivity;
(b) rural transport;
(c) improving the movement of freight, and logistics;
(d) better utilisation of transportation assets;
(e) the enhancement to the economic vitality of the area, especially by enabling competitiveness, productivity
In section 92 of the principal Act, for the words “stage carriage or contract carriage, in respect of which a permit”, the words “transport vehicle, in respect of which a permit or licence” shall be substituted.
In section 93 of the principal Act,-
(i) for the marginal heading, the following marginal heading shall be substituted, namely:-
“Agent or canvasser or aggregator to obtain licence.”;
(ii) in sub-section (1),-
(a) after clause (ii), the following clause shall be inserted, namely:- “(iii) as an aggregator,”;
(b) the following provisos shall be inserted, namely:-
“Provided that while issuing the licence to an aggregator the State Government may follow such guidelines as may be issued by the Central Government:
Provided further that every aggregator shall comply with the provisions of the Information Technology Act, 2000 and the rules and 21 of 2000. regulations made thereunder.”.
In section 94 of the principal Act, after the word “permit” occurring at both the places the words “or licence issued under any scheme” shall be inserted.
In section 96 of the principal Act, in sub-section (2), after clause (xxxii), the following clauses shall be inserted, namely:-
“(xxxiia) framing of schemes under sub-section (3) of section 67;
(xxxiib) the promotion of effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding;”.
In section 110 of the principal Act,-
(i) in sub-section (1), in clause (k), after the words “standards of the components”, the words “, including software,” shall be inserted;
(ii) in sub-section (2), after the words “in particular circumstances”, the words “and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder” shall be inserted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:-
“(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 [5 of 1908.] in respect of the following matters, namely:-
(a) summoning and enforcing the at
After section 110 of the principal Act, the following sections shall be inserted, namely:-
Recall of motor vehicles.
“110A. (1) The Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants, if-
(a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and
(b) a defect in that particular type of motor vehicle has been reported to the Central Government by-
(i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section (1) lies in a motor vehicle component, the Central Governme
In section 114 of the principal Act, in sub-section (1), for the words “authorised in this behalf by the State Government”, the words “or any other person authorised in this behalf by the State Government” shall be substituted.
In section 116 of the principal Act,-
(i) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 [68 of 1988.] or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver:
Provided that for the purposes of this sub-section, the National Highway Authority of India or any other a
In section 117 of the principal Act, the following provisos shall be inserted, namely:-
“Provided that the State Government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places:
Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 [68 of 1988.] or any other agency authorised by the Central Government, may also determine such places.”.
For section 129 of the principal Act, the following section shall be substituted, namely:-
Wearing of protective headgear.
‘129. Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government:
Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban:
Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle.
Explanation.- “Protective headgear” means a helmet which,-
(a) by virtue of its shape, material and constructio
After section 134 of the principal Act, the following section shall be inserted, namely:-
Protection of Good Samaritans.
“134A. (1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan’s negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance.
(2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters.
Explanation.-For the purposes of this section, “Good Samaritan” means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance
In section 135 of the principal Act,-
(i) in sub-section (1),-
(a) in clause (c), the word “and” shall be omitted;
(b) in clause (d), for the word “highways”, the words “highways; and” shall be substituted; and
(ii) after clause (d), the following clause shall be inserted, namely:-
“(e) any other amenities in the interests of the safety and the convenience of the public.”;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in-depth studies on the causes and analysis of road accidents.”.
After section 136 of the principal Act, the following section shall be inserted, namely:-
Electronic monitoring and enforcement of road safety.
‘136A. (1) The State Government shall ensure electronic monitoring and enforcement of road safety in the manner provided under sub-section (2) on national highways, state highways, roads or in any urban city within a State which has a population up to such limits as may be prescribed by the Central Government.
(2) The Central Government shall make rules for the electronic monitoring and enforcement of road safety including speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and such other technology.
Explanation.-For the purpose of this section the expression “body wearable camera” means a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.’.<
In section 137 of the principal Act,-
(i) after clause (a), the following clause shall be inserted, namely:-
“(aa) providing for the standards of protective headgear and measures for the safety of children below the age of four years riding under section 129;”;
(ii) after clause (b), the following clauses shall be inserted, namely:-
“(c) providing for limits of urban city by the State Governments under sub-section (1) of section 136A; and
(d) providing for electronic monitoring and enforcement under sub-section (2) of section 136A.”.
In section 138 of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways:
Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.”.
Chapter X in the principal Act shall be omitted.
For Chapter XI of the principal Act, the following Chapter shall be substituted, namely:-
‘CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
145. Definitions - In this Chapter,-
(a) “authorised insurer” means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 [41 of 1999] and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972 [57 of 1972];
(b) “certificate of insurance” means a certificate issued by an authorized insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and w
Section 51 of the Motor Vehicles (Amendment) Act, 2019, is a key provision that revises the legal framework for motor vehicle insurance, specifically replacing the previous Chapter XI of the Motor Vehicles Act, 1988. The amendment aims to strengthen the provisions related to third-party insurance, ensuring better protection for accident victims and clarifying insurer liabilities.
Section 51 introduces a new Chapter XI, which consolidates provisions related to motor vehicle insurance against third-party risks, replacing the old chapter. It emphasizes mandatory insurance coverage, the obligations of insurers, and the rights of third-party claimants, along with provisions for penalties and enforcement.
Section 51 broadens the scope of motor vehicle insurance by:- Mandating compulsory third-party insurance for all motor vehicles.- Clarifying the responsibilities of insurers and vehicle owners.- Establishing a legal framework for claims and dispute resolution.- Incorporating provisions for penalties and enforcement to ensure compliance.- Addressing issues related to policy violations, including pay and recovery orders, though the latter has been subject to amendments and judicial interpretation.
Violations of Section 51, such as driving without insurance or non-compliance with policy conditions, attract penalties including:- Fines, which can be substantial (e.g., up to ₹25,000 as per amendments).- Imprisonment, which may extend up to 3 months or more depending on the violation.- Cancellation or suspension of vehicle registration.- Impounding of vehicles or documents in case of violations.
Note: This commentary synthesizes the legal implications of Section 51 based on the provided sources and general legal principles, emphasizing the importance of the amendments in strengthening the motor vehicle insurance framework and protecting third-party rights.
In section 165 of the principal Act, in the Explanation, for the words, figures and letter "section 140 and section 163A", the word and figures “section 164” shall be substituted.
In section 166 of the principal Act,-
(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-
“Provided further that where a person accepts compensation under section 164 in accordance with the procedure provided under section 149, his claims petition before the Claims Tribunal shall lapse.”.
(ii) in sub-section (2), the proviso shall be omitted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) No application for compensation shall be entertained unless it is made within six months of the occurrence of the accident.”.
(iv) in sub-section (4), for the words, brackets and figures "sub-section (6) of section 158", the word and figures "section 159" shall be substituted;
(v) after sub-section (4), the following sub-section shall be
In section 168 of the principal Act, in sub-section (1),-
(i) for the word and figures “section 162”, the word and figures “section 163”shall be substituted;
(ii) the proviso shall be omitted.
In section 169 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-
“(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908 [5 of 1908.], as if the award were a decree for the payment of money passed by such court in a civil suit.”.
In section 170 of the principal Act, for the word and figures “section 149” the word and figures “section 150” shall be substituted.
In section 173 of the principal Act, in sub-section (2), for the words “ten thousand”, the words “one lakh” shall be substituted.
In section 177 of the principal Act, for the words “one hundred rupees” and “three hundred rupees”, the words “five hundred rupees” and “one thousand and five hundred rupees” shall respectively be substituted.
After section 177 of the principal Act, the following section shall be inserted, namely:-
Penalty for contravention of regulations under section 118.
“177A. Whoever contravenes the regulations made under section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees.”.
In section 178 of the principal Act, in sub-section (3), in clause (b), for the words “two hundred rupees”, the words “five hundred rupees” shall be substituted.
In section 179 of the principal Act,-
(i) in sub-section (1), for the words "five hundred rupees", the words “two thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words "five hundred rupees", the words “two thousand rupees” shall be substituted.
In section 180 of the principal Act, for the words "which may extend to one thousand rupees", the words “of five thousand rupees” shall be substituted.
The Motor Vehicles (Amendment) Act, 2019, represents a significant overhaul of the existing Motor Vehicles Act, 1988, aimed at enhancing road safety, improving compliance with traffic regulations, and increasing penalties for violations. Section 62 specifically addresses the unauthorized use of vehicles without a valid license.
Section 62 amends Section 180 of the Motor Vehicles Act, enhancing penalties for allowing unauthorized persons to drive vehicles. The amendment raises the fine for such violations from ₹1,000 to ₹5,000.
The scope of Section 62 extends to all vehicle owners who permit individuals without a valid driving license to operate their vehicles. This includes both personal and commercial vehicles.
The punishment for contravening Section 62 includes a fine that has been increased to ₹5,000, reflecting the government's intent to deter such violations.
In section 181 of the principal Act, for the words "which may extend to five hundred rupees", the words “of five thousand rupees” shall be substituted.
In section 182 of the principal Act,-
(i) in sub-section (1), for the words "which may extend to five hundred rupees", the words “of ten thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words "one hundred rupees", the words “ten thousand rupees” shall be substituted.
For section 182A of the principal Act, the following sections shall be substituted, namely:-
Punishment for offences relating to construction maintenance, sale and alteration of motor vehicles and components.
“182A. (1) Whoever, being a manufacturer, importer or dealer of motor vehicles, sells or delivers or alters or offers to sell or deliver or alter, a motor vehicle that is in contravention of the provisions of Chapter VII or the rules and regulations made, thereunder, shall be punishable with imprisonment for a term which may extend to one year, or with fine of one lakh rupees per such motor vehicle or with both:
Provided that no person shall be convicted under this section if he proves that, at the time of sale or delivery or alteration or offer of sale or delivery or alteration of such motor vehicle, he had disclosed to the other party the manner in which such motor vehicle was in contraventi
In section 183 of the principal Act,-
(i) in sub-section (1),-
(a) after the words “Whoever drives”, the words “or causes any person who is employed by him or subjects someone under his control to drive” shall be inserted;
(b) for the words "with fine which extend to four hundred rupees, or, if having been previously convicted of an offence under this sub-section is again convicted of an offence under this sub-section, with fine which may extend to one thousand rupees", the following shall be substituted, namely:-
“in the following manner, namely:-
(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees;
(ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger v
In section 184 of the principal Act,-
(i) after the words “dangerous to the public”, the words “or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,” shall be inserted;
(ii) for the words “which may extend to six months or with fine which may extend to one thousand rupees”, the words “which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both” shall be substituted;
(iii) for the words “which may extend to two thousand rupees”, the words “of ten thousand rupees” shall be substituted;
(iv) the following Explanation shall be inserted, namely:-
“Explanation.-For the purpose of this section,-
(a) jumping a red light;
(b) vi
Section 67 of the Motor Vehicles (Amendment) Act, 2019, pertains to the power of the State Government to regulate and control various aspects of road transport, including licensing, registration, and issuance of permits for motor vehicles. It forms a crucial part of the legal framework aimed at enhancing road safety, regulating transport operations, and ensuring compliance with safety standards.
Section 67 grants the State Government authority to formulate schemes and rules for the regulation of road transport, including issuing licenses, permits, and certificates of fitness for vehicles. It empowers the State to specify conditions for licensing, registration, and permits, and to prescribe procedures for their issuance, renewal, suspension, or cancellation.
Section 67 provides broad regulatory authority to the State Government to control and manage road transport operations within its jurisdiction. It encompasses licensing of drivers and vehicles, issuance of permits, regulation of routes, and ensuring compliance with safety and environmental standards. The section also facilitates the framing of schemes that can include conditions for permits, licensing, and vehicle fitness.
While Section 67 itself primarily confers powers to the State Government, violations related to licensing and permits are punishable under other sections of the MV Act, such as Sections 66 and 88A, with penalties including fines, imprisonment, or both. Specific penalties for contravention of schemes or rules made under Section 67 are typically prescribed in those subordinate provisions.
Note: The references are based on the provided sources, primarily "Sanithjan. S, S/o. Sadeerjan VS State of Kerala, Represented by Secretary, Transport Department," which discusses the scope, amendments, and legal implications of Section 67 in detail.
In section 185 of the principal Act,-
(i) in clause (a), after the words “breath analyser,”, the words “or in any other test including a laboratory test,” shall be inserted;
(ii) for the words “which may extend to two thousand rupees”, the words “of ten thousand rupees” shall be substituted;
(iii) the words “ if committed within three years of the commission of the previous similar offence,” shall be omitted;
(iv) for the words “which may extend to three thousand rupees”, the words “of fifteen thousand rupees” shall be substituted;
(v) for the Explanation, the following Explanation shall be substituted, namely:–
'Explanation.-For the purposes of this section, the expression “drug” means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as
In section 186 in the principal Act, for the words “two hundred rupees” and “five hundred rupees”, the words “one thousand rupees” and “two thousand rupees” shall respectively be substituted.
In section 187 of the principal Act,-
(i) for the brackets and letter “(c)” the brackets and letter “(a)” shall be substituted;
(ii) for the words "three months", the words "six months" shall be substituted;
(iii) for the words “which may extend to five hundred rupees”, the words “of five thousand rupees” shall be substituted;
(iv) for the words "six months", the words "one year" shall be substituted; and
(v) for the words “which may extend to one thousand rupees”, the words “of ten thousand rupees” shall be substituted.
In section 189 of the principal Act,-
(i) for the words “one month”, the words “three months” shall be substituted;
(ii) for the words “which may extend to five hundred rupees”, the words “of five thousand rupees” shall be substituted;
(iii) after the words "with both", the words, "and for a subsequent offence shall be punishable with imprisonment for a term which may extend to one year, or with fine of ten thousand rupees; or with both." shall be inserted.
In section 190 of the principal Act,-
(i) in sub-section (1),-
(a) for the words “which may extend to two hundred and fifty rupees”, the words “of one thousand five hundred rupees” shall be substituted;
(b) for the words “which may extend to one thousand rupees”, the words “of five thousand rupees” shall be substituted; and
(c) after the words "with both", the words “and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property” shall be inserted.
(ii) in sub-section (2),-
(a) for the words “a fine of one thousand rupees”, the words “imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence fo
Section 191of the principal Act shall be omitted.
In section 192 of the principal Act, the following Explanation shall be inserted, namely:-
“Explanation.-Use of a motor vehicle in contravention of the provisions of section 56 shall be deemed to be a contravention of the provisions of section 39 and shall be punishable in the same manner as provided in sub-section (1).”.
The Motor Vehicles (Amendment) Act, 2019, represents a significant overhaul of the existing Motor Vehicles Act, 1988, aimed at enhancing road safety, improving the regulatory framework, and addressing various issues related to motor vehicle operations in India. Section 74 specifically deals with the grant of contract carriage permits, which are essential for the operation of public transport services.
Section 74 of the Motor Vehicles (Amendment) Act, 2019, outlines the provisions for granting permits for contract carriages. It empowers the Regional Transport Authority (RTA) to issue permits while considering various factors, including the financial stability of the applicant and the necessity of the service in the area.
The scope of Section 74 extends to:- Contract Carriages: It specifically pertains to vehicles used for hire or reward.- Regional Transport Authority's Discretion: The RTA has the authority to grant or deny permits based on the outlined criteria.- Rural Area Provisions: There are provisions for waiving certain conditions for permits in rural areas, reflecting the need for flexibility in less populated regions.
While Section 74 itself does not prescribe punishments, violations related to the operation of contract carriages without a valid permit may lead to penalties under other sections of the Motor Vehicles Act.
In section 192A of the principal Act, in sub-section (1),-
(i) after the words “for the first offence with”, the words “imprisonment for a term which may extend to six months and” shall be inserted;
(ii) for the words “which may extend to five thousand rupees but shall not be less than two thousand rupees”, the words “of ten thousand rupees” shall be substituted;
(iii) for the words “three months”, the words “six months” shall be substituted;
(iv) for the words “which may extend to ten thousand rupees but shall not be less than five thousand rupees”, the words “of ten thousand rupees” shall be substituted.
After section 192A of the principal Act, the following section shall be inserted, namely:-
Offences relating to registration.
“192B. (1) Whoever, being the owner of a motor vehicle, fails to make an application for registration of such motor vehicle under sub-section (1) of section 41 shall be punishable with fine of five times the annual road tax or one-third of the lifetime tax of the motor vehicle whichever is higher.
(2) Whoever, being a dealer, fails to make an application for the registration of a new motor vehicle under the second proviso to sub-section (1) of section 41 shall be punishable with fine of fifteen times the annual road tax or the lifetime tax of the motor vehicle whichever is higher.
(3) Whoever, being the owner of a motor vehicle, obtains a certificate of registration for such vehicle on the basis of documents which were, or by representation of facts whi
In the principal Act,-
(A) in section 193, in the marginal heading, for the words "agents and canvassers", the words "agents, canvassers and aggregators" shall be substituted;
(B) section 193 shall be numbered as sub-section (1) thereof, and-
(i) in sub-section (1) as so numbered,--
(a) for the words “which may extend to one thousand rupees”, the words “of one thousand rupees” shall be substituted;
(b) for the words “which may extend to two thousand rupees”, the words “of two thousand rupees” shall be substituted;
(ii) after sub-section (1) as so numbered, the following sub-sections shall be inserted, namely:-
“(2) Whoever engages himself as an aggregator in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable with fine up to one lakh rupees but shall not be les
The Motor Vehicles (Amendment) Act, 2019, represents a significant overhaul of the existing Motor Vehicles Act, 1988, aimed at enhancing road safety, improving public transportation, and addressing environmental concerns. Among its various provisions, Section 77 specifically deals with the application process for goods carriage permits.
Section 77 outlines the procedure for applying for a goods carriage permit, which is essential for the legal operation of commercial vehicles transporting goods. This section mandates that applicants must meet specific criteria and follow prescribed procedures to obtain such permits.
The scope of Section 77 extends to all entities engaged in the transportation of goods using motor vehicles. It establishes a regulatory framework to ensure that only qualified operators are permitted to engage in commercial transport activities.
While Section 77 itself primarily focuses on the application process, violations related to the operation of goods vehicles without the necessary permits may attract penalties as outlined in other sections of the Motor Vehicles (Amendment) Act, 2019.
In section 194 of the principal Act,-
(i) in sub-section (1),-
(a) the word “minimum” shall be omitted;
(b) for the words “of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load”, the words “of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load” shall be substituted;
(c) the following proviso shall be inserted, namely:-
“Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.”;
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
“(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that
After section 194 of the principal Act, the following sections shall be inserted, namely:-
Carriage of excess passengers.
"194A. Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorised in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger:
Provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers.
Use of safety belts and the seating of children.
194B. (1) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees:
Section 195 of the principal Act shall be omitted.
In section 196 of the principal Act,-
(i) after the words “shall be punishable”, the words “for the first offence” shall be inserted;
(ii) for the words “which may extend to one thousand rupees”, the words “of two thousand rupees,” shall be substituted; and
(iii) after the words "with both", the words ", and for a subsequent offence shall be punishable with imprisonment for a term which may extend to three months, or with fine of four thousand rupees, or with both." shall be inserted.
In section 197 of the principal Act,-
(i) in sub-section (1), for the words “which may extend to five hundred rupees”, the words “of five thousand rupees” shall be substituted;
(ii) in sub-section (2), for the words “which may extend to five hundred rupees”, the words “of five thousand rupees” shall be substituted.
In section 198 of the principal Act, for the words “with fine which may extend to one hundred rupees”, the words “with fine of one thousand rupees” shall be substituted.
After section 198 of the principal act, the following section shall be inserted, namely:-
Failure to comply with standards for road design, construction and maintenance.
'198A. (1) Any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time.
(2) Where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to one lakh rupees and the same shall be paid to the Fund constituted under section 164B.
The Motor Vehicles (Amendment) Act, 2019, was enacted to enhance road safety and streamline regulations concerning motor vehicles in India. Section 84 specifically addresses the compliance of road design, construction, and maintenance standards, imposing accountability on designated authorities and contractors.
Section 84 introduces Section 198A into the Motor Vehicles Act, 1988, which mandates that designated authorities, contractors, and consultants adhere to prescribed safety standards for road design, construction, and maintenance. It outlines penalties for non-compliance that results in death or disability.
The scope of Section 84 extends to all designated authorities, contractors, and consultants involved in the design, construction, and maintenance of roads. It aims to ensure that public roads are safe for all users, including vulnerable groups.
The punishment for non-compliance under Section 198A includes a fine of up to ₹1,00,000, which is to be paid into a fund constituted under Section 164B of the Motor Vehicles Act.
After section 199 of the principal Act, the following sections shall be inserted, namely:-
Offences by juveniles.
“199A. (1) Where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render such guardian or owner liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Explanation.-For the purposes of this section, the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as th
In section 200 of the principal Act,-
(i) in sub-section (1),-
(a) for the words, figures and brackets “punishable under section 177,section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2) of section 183, section 184, section 186, section 189, sub-section (2) of section 190, section 191, section 192, section 194, section 196, or section 198,”, the words, brackets, figures and letters “punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, sec
In section 201 of the principal Act,-
(i) in sub-section (1),-
(a) the word “disabled” shall be omitted;
(b) for the words “fifty rupees per hour”, the words “five hundred rupees” shall be substituted;
(c) in the second proviso, for the words “a Government Agency, towing charges”, the words “an agency authorised by the Central Government or State Government, removal charges” shall be substituted;
(ii) in sub-section (2), for the words “towing charges”, the words “removal charges” shall be substituted;
(iii) after sub-section (2), the following sub-section shall be inserted, namely:-
“(3) sub-section (1) shall not apply where the motor vehicle has suffered an unforeseen breakdown and is in the process of being removed.";
(iv) after sub-section (3), the following Explanation shall be
In section 206 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely:-
“(4) A police officer or other person authorised in this behalf by the State Government shall, if he has reason to believe that the driver of a motor vehicle has committed an offence under any of sections 183, 184, 185, 189, 190, 194C, 194D, or 194E, seize the driving licence held by such driver and forward it to the licensing authority for disqualification or revocation proceedings under section 19:
Provided that the person seizing the licence shall give to the person surrendering the licence a temporary acknowledgement therefor, but such acknowledgement shall not authorise the holder to drive until the licence has been returned to him.”.
After section 210 of the principal Act, the following sections shall be inserted, namely:-
Power of State Government to increase penalties.
“210A. Subject to conditions made by the Central Government, a State Government, shall, by notification in the Official Gazette, specify a multiplier, not less than one and not greater than ten, to be applied to each fine under this Act and such modified fine, shall be in force in such State and different multipliers may be applied to different classes of motor vehicles as may be classified by the State Government for the purpose of this section.
Penalty for offence committed by an enforcing authority
210B. Any authority that is empowered to enforce the provisions of this Act shall, if such authority commits an offence under this Act, shall be liable for twice the p
After section 211 of the principal Act, the following section shall be inserted, namely:-
Use of electronic forms and documents
“211A. (1) Where any provision of this Act or the rules and regulations made thereunder provide for-
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Central Government or the State Government in a particular manner;
(b) the issue or grant of any licence, permit, sanction, approval or endorsement, by whatever name called in a particular manner; or
(c) the receipt or payment of money in a particular manner, then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment, as the case may be, is effected by means of such electr
In section 212 of the principal Act,-
(i) in sub-section (4),-
(a) after the words, brackets and figures “the proviso to sub-section (1) of section 112”, the word and figures “section 118" shall be inserted;
(b) after the words, brackets, figures and letter “sub-section (4) of section 163A”, the words, figures and letter “section 164, section 177A” shall be inserted;
(ii) after sub-section (4), the following sub-section shall be inserted, namely:-
“(5) Every notification issued by the State Government under section 210A shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, b
After section 215 of the principal Act, the following sections shall be inserted, namely:-
Power of Central Government and State Government to delegate
“215A. Notwithstanding anything contained in this Act,-
(a) the Central Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act;
(b) the State Government shall have the power to delegate any power or functions that have been conferred upon it by the Act to any public servant or public authority and authorise such public servant or public authority to discharge any of its powers, functions and duties under this Act.
National Road Safety Board.
215B. (1) The Central Gov
In the principal Act, the Second Schedule shall be omitted.
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