The Motor Vehicles (MV) Act of 1988 (and its 2019 amendment) regulates road transport in India, covering vehicle registration, driver's licensing, traffic rules, and road safety, using fines and imprisonment to punish violations. The Act mandates third-party insurance, allowing victims to claim compensation for accidents. Punishments vary by offence, with penalties for violations like speeding, drunk driving, not wearing a helmet, or driving without a license, and include fines and/or jail time, which were significantly increased by the 2019 amendment.
How the Act is Used
- Governance: The MV Act establishes a comprehensive legal framework for road transport, dictating rules for vehicle ownership, use, and maintenance.
- Traffic Management: It sets the rules for traffic flow and road discipline, including requirements for vehicle registration, valid driving licenses, and insurance.
- Safety: The Act promotes road safety by making helmets, seatbelts, and registration compulsory and providing penalties for dangerous driving.
- Accident Compensation: It requires third-party insurance to ensure that victims of road accidents can receive compensation for their injuries or damages.
- Enforcement: Police and authorised personnel can detain vehicles and issue fines or take other legal action against offenders.
Examples of Punishments
- Speeding: Exceeding the speed limit can lead to fines.
- Drunk Driving: The first offence can result in imprisonment for up to six months and/or a ₹10,000 fine, with subsequent offences facing a ₹15,000 fine and/or two years imprisonment.
- Driving without a License: Operating a vehicle without a valid license is illegal and carries penalties.
- Not Wearing a Helmet: This is a common violation with significant fines, especially for riders and their pillion passengers on two-wheelers.
- Driving in an Unsafe Condition: Using a vehicle in an unsafe condition can also result in penalties.
- Overloading: Goods vehicles face a base fine of ₹20,000 for overloading.
- Using a Vehicle without Permits/Registration: This can lead to a fine of ₹10,000 and/or up to six months of imprisonment, and the vehicle may be seized.
Hit-and-Run Cases
Penalties for hit-and-run offenses have become more stringent under the Bharatiya Nyaya Sanhita (BNS), which replaced the Indian Penal Code.
- Fleeing without reporting an accident: A driver who causes a fatal accident by negligent driving and flees without reporting it to the police or a magistrate can face up to 10 years in jail and a fine.
- Motor Vehicles Act provisions: Section 134 requires drivers involved in an accident to provide medical assistance to the injured person and report the incident to the police. Failure to do so is a punishable offense.
For Vehicle Owners and Guardians
- Allowing an unlicensed person to drive: The owner of the vehicle is liable for a fine of up to ₹5,000.
- Juvenile offenses: If a minor commits a traffic violation, the owner or guardian is deemed guilty. The penalty is a fine of ₹25,000, 3 years of imprisonment, and the cancellation of the vehicle's registration for 12 months. The juvenile is also tried under the Juvenile Justice Act.
Key Areas of Significance
- Enhancing road safety
- Protecting accident victims
- Formalizing and modernizing the transport system
- Improving vehicle standards and quality