This Blog is written by Anantha Mounika, a Fifth Year Law student of Telangana social welfare residential law college for women, Hyderabad

INTRODUCTION

Motor Vehicle Act,1988 regulates the registration of vehicles. This act is a law of welfare and with the concept of the law of torts. In this act, there are laws, rules, maintenance, and safety measures on vehicles and relief to victims who are struggling to get compensation. There are rules on road safety, traffic regulations, limitations on speed, and the use of protective headwear. Because of this act, people will maintain the vehicles and be responsible for the operation of vehicles. Under this act, the registration of vehicles will have a record of the owner of vehicles and their transfers in the vehicle registration certificate. If any accidents occur, the vehicle owner or insurer will compensate the third party or victim and it deals under the claim of this act. There are many updates and amendments to this act.

MOTOR VEHICLE ACT,1988

The Motor Vehicle Act, 1988 came into effect on 1st July 1989. The main object of this act is to supersede the old act,1939. This act gives importance to the registration of vehicles. There is a necessity for the registration of vehicles under section 39 of this act. There are laws on traffic laws, Vehicle insurance, motor vehicle registration, controlling permits, and penalties. There are other important sections in this act.

· Section 3- To carry driving license of registered vehicles

· Section 4- Age restrictions on the issue of license

· Section 5 - responsibilities

· Section 6- restrictions on holding a driving license

· Section 7- restrictions on issuing learner's license

· Section 39- necessity of registration of vehicles

· Sections 40,42,43,44,60- where registration should be made

· Section 41- how the registration should be made

· Section 45- refusal to register or renew

· Section 46- effective registration

· Section 47- registration mark of state to another state

· Section 48- NOC for re-registration

· Section 49,30- change of residential address in the registration

· Section 56- fitness certificate of vehicles

· Section 66- necessity for permits

· Section 112- speed limitations

· Section 140-compensation to victims

· Section 177- not displaying a number plate

MOTOR VEHICLE ACT,2019

Motor Vehicle (Amendment) Bill,2017 was introduced by the Ministry for Road Transport and Highways. This bill was passed by the president and became law on 1st September 2019. The main objectives of this act are

● Implement procedures on the issue of license and its validity period.

● Road safety on heavy vehicles and carrying of hazardous materials

● Manage personal and commercial vehicles

● More compensation amount to hit and run accidents by the government

● Victims have more time to file a complaint

In this amendment act, there is a change in the penalties and compensation prevailing under the previous act.

• Driving without a license fine of up to 5000 rupees (before 500 rupees)

• Driving without insurance fine up to 2000 rupees and 3 months imprisonment for 1st-time offender and 4000 rupees and 3 months imprisonment for 2nd-time offender

• Driving under the influence fine of up to 10,000 rupees and 6 months imprisonment for 1st-time offender and 15000 rupees and 2 years imprisonment for second-time offender (before it was 2000 rupees)

• Overspeed on LMV fine up to 1,000 rupees

• Overspeed on MMV fine up to 2,000 rupees

• Overspeed on HMV fine up to 4,000 rupees

• Driving without a helmet fine of up to 1,000 rupees (before 100 rupees) There is a need for a helmet for the above 4-year child and its standard should be approved by the ISI

• Committed by a juvenile fine up to 25,000 rupees and 3-year imprisonment by a guardian or vehicle owner, the vehicle owner will lose 1 year of registration, juvenile can't apply for a driving license until he obtains the age of 25 years.

The main purpose for change of this act is strict and high penalties and fines may lead to fewer offenses under this act. This act addresses the issues and use of new technology on road transport.

Offences under MVA

● Driving without licence

● Lessons on driving without any learner's license

● Driving without the registration of vehicles

● Driving without the insurance of vehicles

● Minor driving

● Driving under the influence

● Not following safety measures and regulations on the road

● Not wearing a helmet while driving

● Compensation to victims in the accident

● Not displaying a number plate

CONCLUSION

Motor Vehicle Act,1939,1988, and 2019 are to regulate the registration of vehicles. The amendment of these acts is to follow the laws, reduce the offences, and prevail benefits and compensation for the innocent victims. So, the people should follow all the rules, laws, and regulations to keep the country less offended. The registration of vehicles plays an important role in this act. This act deals only with the registration of vehicles and violations under the act. Ubi jus ibi means where there is a right there is a way. So, if you follow the rules and laws of this act then you will have the right to claim under this act.

REFERENCE

● https://blog.ipleaders.in/motor-vehicle-act-1988/#:~:text=Section%2039%20of%20the%20Act,is%20registered%20and%20the%20 vehicle's-leaders(motor vehicle act,1988)

● https://ackodrive.com/traffic-rules/motor-vehicle-act/ - ackodrive(Indian Motor Vehicles Act, 1988: Check rules and their importance)

● https://www.bajajallianz.com/blog/motor-insurance-articles/indian-motor-vehicle-act-features-rules-penalties.html - Bajaj Allianz(Indian Motor Vehicle Act 1988: Features, Rules & Penalties)

● https://www.latestlaws.com/articles/all-about-registration-of-motor-vehicles-under-the-motor-vehicles-act-1988-by-teresa-dhar - latestlaws- All about Registration of Motor Vehicles under The Motor Vehicles Act, 1988 By Teresa Dhar

● https://kanoongpt.in/bare-acts/the-motor-vehicles-act-1988 - kanoongpt(motor vehicle act,1988)