“Every accident is a
notice that something is wrong with man, method or material”
Road
accidents kills more people than total number killed in wars of the country.
Nearly 137000 died in 2013 due to road accidents and nearly 400 deaths are
reported daily because of the same reason. The country seeks a loss of 3% in the
GDP due to these increased number of road accidents.
The Motor
Vehicle (Amendments) Act, 2016 which was tabled by Shri Nitin Gadkari, Minister
of Road Transport and Highway on 9th August 2016 is pending in the
Parliament as the monsoon session of LokSabha ended on 12th August.
The bill may be considered in the winter session. 68 of 233 sections of the act
have been amended. The basic goal of this amended act is to bring down the
number of deaths and injuries due to road accidents to half.
Following
are the features of the MOTOR VEHICLE AMENDMENT ACT, 2016
·
Upper Limit of Insurer’s liability: The maximum claim has been ceiled up
to Rs. 10 Lakhs in case of death and Rs. 5 Lakhs in case of grievous hurt in
road accidents. Under third part claim, the victim could not claim for more
amount thanthis from the insurer.
·
Compulsory Insurance: A Motor Vehicle Accident fund is to
be created consulting the states as per the act and to be managed by special
authorities specified by the central government. This could be an insurance
cover to all road users in India.
·
Good Samaritans to be protected: As per section 134A of the act, any person
who in good faith without expecting any award voluntarily comes to rescue the
person or provide medical or non medical assistance would not be liable to any
civil or criminal offence if his action causes any injury or death to the
person. Also, the personal information would be provided only after a specific
procedure.
·
Lesser corruption/waiting time (e-governance)
: There would be
lesser chances of corruption and no waiting lines with the introduction of
e-governance system. Computerisation of services like issuing licence,
registration of vehicle, filling of forms, change in address etc would be
provided.
·
Recalling Vehicles: If any vehicle is found to harm the
driver, the environment or other driver or persons on road, such vehicle would
be called off. The manufacturer would either have to compensate for the vehicle
or replace the vehicle.
·
Cashless treatment in golden hour: Golden Hour here means, the hour just
after the severe injury took place when the chance to save the life and give
good medical care is the highest. The patient would not be charged anything for
treatment during this time period.
·
Increase of compensation for death in
Hit and Run cases:
The compensation amount has increased to Rs. 25 Lakhs from Rs 2 Lakhs as per
the central government.
·
Responsibilities of the states: The states must make transportation
schemes which would take care of increasing road pressure, safety of road
users, last mile connectivity, safety of bicycle riders etc.
·
Unauthorised use of vehicles by the
juveniles: The
parents/ guardians would be liable for the same and penalty would be imposed
over them.
·
Tremendous increase in fines: Increase in the fine imposed is seen
as the most debatable point. However, it would ensure compliance of the rules
by the road users. The list of increased penalties are as follows:
|
Section
|
|
Old
Provision / Penalty
|
New
Proposed Provision / Minimum Penalties
|
|
177
|
General
|
Rs. 100
|
Rs. 500
|
|
177A
|
Rules
of road regulation violation
|
Rs. 100
|
Rs. 500
|
|
178
|
Travel
without ticket
|
Rs. 200
|
Rs. 500
|
|
179
|
Disobedience
of orders of authorities
|
Rs. 500
|
Rs. 200
|
|
180
|
Unauthorized use
of vehicles without licence
|
Rs. 1000
|
Rs.
5000
|
|
181
|
Driving
without licence
|
Rs. 500
|
Rs.
5000
|
|
182
|
Driving
despite disqualification
|
Rs. 500
|
Rs. 10,000
|
|
182 B
|
Oversize
vehicles
|
New
|
Rs 5000
Rs 1000 for LMV |
|
183
|
Over
speeding
|
Rs. 400
|
Rs 2000
for Medium passenger vehicle
|
|
184
|
Dangerous
driving penalty
|
Rs.
1000
|
Upto Rs.
5000
|
|
185
|
Drunken
driving
|
Rs.
2000
|
Rs.
10,000
|
|
189
|
Speeding/Racing
|
Rs. 500
|
Rs.
5000
|
|
192 A
|
Vehicle
without permit
|
Rs.
5000
|
Rs.
10,000
|
|
194
|
Overloading
|
Rs 2000
and Rs 1000 per extra tonne
|
Rs
20,000 and Rs 2000 per extra tonne
|
|
194 A
|
Overloading
of passengers
|
|
Rs.
1000 per extra passenger
|
|
194 B
|
Seatbelts
|
Rs. 100
|
Rs.
1000
|
|
194 C
|
Overloading
of two wheelers
|
Rs. 100
|
Rs
2000, Disqualification for 3 months for licence
|
|
194 D
|
Helmets
|
Rs.100
|
Rs 1000
Disqualification for 3 months for licence
|
|
194 E
|
Not
providing way for emergency vehicle
|
New
|
Rs.
10,000
|
|
196
|
Driving
Without Insurance
|
Rs.
1000
|
Rs.
2000
|
|
199
|
Offences
by juvenile
|
New
|
Guardian
/ owner shall be deemed to be guilty. Rs 25,000 with 3 yrs imprisonment. For
Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be
cancelled
|
|
206
|
Power
of Officers to impound documents
|
|
Suspension
of driving licenses u/s 183, 184, 185, 189, 190, 194C, 194D, 194E
|
|
210 B
|
Offences
committed by enforcing authorities
|
|
Twice
the penalty under the relevant section
|
Table source: www.pib.nic.in – Press Information Bureau
