The Motor Vehicles Act, 1988 was enacted with a view to consolidate and amend the laws relating to motor vehicles. The Act was enacted to give effect to the suggestions made by the Supreme Court in M.K. Kunhimohammed Vs. P.A. Ahmedkutty, MANU/SC/0477/1987. The Act was amended several times to adapt to the technological upgradation emerging in road transport, passenger and freight movement and in motor vehicle management.
However, with rapidly increasing motorisation, India is facing an increasing burden of road traffic injuries and fatalities. The emotional and social trauma caused to the family which loses its bread winner, cannot be quantified. India is signatory to the Brasilia Declaration and is committed to reduce the number of road accident fatality by fifty percent by the year 2020. The road transport sector also plays a major role in the economy of the country. So, in order to improve road safety and transport system, Motor Vehicles (Amendment) Act, 2019 has been enacted.
The Motor Vehicles (Amendment) Act, 2019 alongwith other provisions has provided for steeper penalties and fine for violating any traffic rule. The detail of major offences under the Act alongwith the respective old/new penalty has been provided herewith.
Section
|
Offence
|
Old Penalty
|
New Penalty
|
177
|
For Contravention of any provision of Act, where no penalty has been provided
|
For first offence: Rs 100
For second and subsequent offences: Rs. 300
|
Rs. 500
Rs. 1,500
|
177A
|
Contravention of Road Regulations issued under Section 118
|
Rs. 100
|
Rs. 500 up to Rs. 1,000
|
178
|
Travelling without a ticket
|
Rs. 200
|
Rs. 500
|
179
|
Disobedience of orders of authorities
|
Rs. 500
|
Rs. 2,000
|
180
|
Unauthorized use of vehicles without licence
|
Rs. 1,000
|
Rs. 5,000
|
181
|
Driving without licence
|
Rs. 500
|
Rs. 5,000
|
182
|
Driving without qualification
|
Rs. 500
|
Rs. 10,000
|
182B
|
Oversized vehicles
|
New
|
Rs. 5,000 up to Rs. 10,000
|
183
|
Over speeding
|
Rs. 400
|
Rs. 1,000 up to Rs. 2,000 for LMV
Rs. 2,000 up to Rs. Rs. 4,000 for Medium Passenger Vehicle/Medium Goods Vehicle/ Heavy Goods Vehicle/ Heavy Passenger Vehicle
|
184
|
Dangerous driving penalty
|
Rs. 1,000
|
Rs. 1,000 up to Rs. 5,000 and/or 6 months to 1 year of imprisonment
|
185
|
Drunken driving
|
For first offence: Rs. 2,000
For subsequent offences: Rs. 3,000
|
Rs. 10,000
Rs. 15,000
|
186
|
Driving when mentally or physically unfit to drive
|
For first offence: Rs. 200
For subsequent offence: Rs. 500
|
Rs. 1,000
Rs. 2,000
|
189
|
Speeding/ Racing
|
Rs. 500
|
Rs. 5,000
|
192A
|
Vehicle without permit
|
Upto Rs. 5,000
|
Upto Rs. 10,000
|
193
|
Aggregators (violations of licencing conditions)
|
New
|
Rs 25,000 to Rs 1,00,000
|
194
|
Overloading
|
Rs. 2,000 and Rs 1,000 per extra tonne
|
Rs. 20,000 and Rs. 2,000 per extra tonne
|
194A
|
Overloading of Passengers
|
N.A.
|
Rs 200 per extra passenger
|
194B
|
Seat Belt
|
Rs. 100
|
Rs. 1,000
|
194C
|
Overloading of two-wheelers
|
Rs. 100
|
Rs. 1,000
Disqualified for holding licence for a period of 3 months
|
194D
|
Helmets
|
Rs. 100
|
Rs. 1,000
Disqualified for holding licence for a period of 3 months
|
194E
|
Not providing way for emergency vehicles
|
New
|
Rs 10,000 and/or Imprisonment for 6 months
|
196
|
Driving without insurance
|
Rs 1,000
|
For first offence: Rs. 2,000 and/or Imprisonment for 3 months
For subsequent Offence: Rs. 4,000 and/or Imprisonment for 3 months
|
199
|
Offences by Juveniles
|
New
|
Guardian/ Owner shall be deemed guilty. Rs 25,000 with 3 years imprisonment.
Juvenile to be tried under JJ Act.
Registration of Motor Vehicle to be cancelled.
|
206
|
Power of officers to impound documents
|
N.A.
|
Suspension of driving licence under Sections 183, 184, 185, 189, 190, 194C, 194D, 194E,
|
210B
|
Offences committed by enforcing authorities
|
N.A.
|
Twice the penalty under the relevant section
|