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LAWS AND OFFENCES IN MOTOR VEHICLES ACT

Author: Sorna S G, III year of B.A.,LL.B.(Hons.) from CMR University School of Legal Studies, Bangalore, Karnataka


ABSTRACT

The offences, penalties and procedures in the Motor Vehicles Act, 1988. It covers the penalty imposed on passengers when travelling without a ticket or pass. The certain offences and the acts which are relating to the licence of vehicles. When driving a vehicle at high speed. The drunken person or drug influenced person is driving a vehicle. The mentally and physically unfit person is driving a vehicle. The accident happened and the punishment for those acts. The vehicle is used by someone without the registration of the vehicle. Driving the vehicle carrying heavy weights. Using or taking the vehicles without any authority.

Key words : Motor Vehicles, punishment, offences, penalties, procedures.


FRAMEWORK OF MOTOR VEHICLES ACT

1. Act - Motor vehicles Act

2. Act year - 1988

3. Total sections - 217

4. Total chapter - 14

5. Chapter 13 - section 177 to section 210

6. Concept - offences, penalties and procedures in MV Act, 1988

7. Sections - 178,182, 183, 185, 186, 187, 192, 194, 197 of Motor vehicles Act, 1988

8. Short title - The Motor vehicles Act, 1988

9. Long title - The laws which are relating to the motors and the vehicles. The transport related laws.

10. Ministry - In MV Act, the highway road transport is ministry.


INTRODUCTION TO MOTOR VEHICLES ACT

The motor vehicles Act came into force in the year 1989, July 1. The first amendment of this Act was 1914, and later replaced in 1939. The parliament of India enacted this Motor Vehicles Act in 1988. This Motor Vehicles Act is related to road transport vehicles.


HISTORY OF MOTOR VEHICLES ACT

In India the Motor Vehicles Act was introduced at the end of the 19th century. In the previous legislation it was Indian Motor Act in the year 1914 later it was replaced by the Motor Vehicles act in the year 1939. The motor includes the vehicles which are used for the transportation in the roads in daily life bases.


DEFINITION OF MOTOR VEHICLES

The motor vehicles which are defined under Motor Vehicles Act which means the vehicles used in the road. The external or internal sources of the powers in the transportation are called motor vehicles.


OBJECTS OF MOTOR VEHICLES ACT

The Motor Vehicles Act gives information about motor vehicles. The information which are related to registration of the vehicles, the liability, offences, penalty or punishments, licence and the insurance of vehicles. The owner of the vehicle should register their motor vehicles. If the person is not registering the vehicles then there are certain consequences he has to face. As a result of which this citizen for people who were not following the rules has to pay the penalties and to be punished by the laws.


AMENDMENTS IN MV ACT

1. Amendment 2016 - amended to bring certain purposes among the people.

2. Amendment 2017 - the year is increased in imprisonment when a person drives the vehicle and causes death which is a violation of the laws.

3. Amendment 2019 - the major amendment which is the higher penalties. The penalty amount paying for the traffic offences and acts. Increased the minimum compensations for the offence in 'hit and run' cases. And the fine amount when causing death is rupees 25,000 to 2 lakhs. And for grievous hurt or injuries the fine amount is 12,500 to 50,000.

4. Amendment 2022 - the new provisions were amended about third party insurance and accidents.


OLD AND NEW MOTOR VEHICLES ACT

1. Old Motor Vehicles Act, 1988 - the rights of drivers and conductors. The rights, liabilities, insurance and controls were defined in the old motor vehicles Act. At that time there were no soft copies and only the hard copies of the documents were available.


2. New Motor Vehicles Act, 2019 - the soft copies of the documents were introduced in this new Motor Vehicles Act. These soft copies were also considered as original and the legal documents. Like digilocker, the licence of vehicles in soft copy were available in that.


PROVISIONS

The chapter 13 of MV Act, 1988 is about the offences, penalties and procedures.The provisions are, section 178, 182, 183, 185, 186, 187, 192, 194, 197 of Motor vehicles Act, 1988. The sections in the Motor vehicles Act, 1988 are,

Section 178 - the penalty is imposed on passengers when travelling without ticket or pass.

Section 182 - the certain offences and the acts which are relating to the licence of vehicles.

Section 183 - when driving a vehicle at high speed.

Section 185 - the drunken person or drug influenced person is driving a vehicle.

Section 186 - the mentally and physically unfit person is driving a vehicle.

Section 187 - the accident happened and the punishment for those acts.

Section 192 - the vehicle is used by someone without the registration of the vehicle.

Section 194 - driving the vehicle carrying heavy weights.

Section 197 - using or taking the vehicles without any authority.


Reference

1. The Motor vehicles Act, 1988 (59 of 1988)

2. The motor vehicles Act, INDIA CODE ,https://www.indiacode.nic.in/handle/123456789/1798?sam_handle=123456789/1362

3. The motor vehicle legislations, MORTH, https://morth.nic.in/Motor-Vehicle-Legislation

4. Shoaib Akhter, the motor vehicles Act, MONDAQ, https://www.mondaq.com/india/rail-road-cycling/1051856/critical-analysis-of-motor-vehicle-act-2019

5. The motor vehicles, INDIAN KANOON, https://indiankanoon.org/doc/785258/