Motor Vehicle Act: An Overview

The Motor Vehicles Act, of 1988 is an Act of the Indian Parliament that covers almost every aspect of road transport vehicles in great detail. The Act became operative on July 1, 1989. The Motor Vehicles Act of 1914 was replaced by the Motor Vehicles Act of 1939 and 1939’s Act was replaced by 1988 Act. The Act contains all applicable laws regarding conductor and driver licensing; motor vehicle control via permission; insurance; motor vehicle registration; traffic regulation; liability; penalties; and many more topics.

The Central Motor Vehicles Rules were created by the Government of India in 1989 to carry out the Act's legislative provisions. The Act applies to all of India. The Act set forth the specifics of the motor vehicle regulations and effectively outlined even the smallest aspects, such as eligibility requirements, suspension and denial of driving and learners' licenses, vehicle registration, permits, insurance, claim tribunals, traffic laws, appeals, and compensation. The statute also offers a wide range of punishments for breaking traffic laws.

Historical Background

The lawmakers made sure to include regulations regarding motor vehicles in addition to all other laws already in place on other topics. The same’s efficacy has not yet been discussed. The British government in India created the Fatal Accidents Act in 1885 to grant equal rights to people hurt or killed in accidents. The Act established a process and gave chosen legal heirs the ability to ask the irresponsible party for compensation. The law accomplished its goal for a very long time.

It is acknowledged that an effective law should be enacted to provide redress to accident victims due to the growth of automation and the extensive harm to life and property that can occur in the event of an accident. The Indian government established the Central Motor Vehicles Rules 2 in 1989 to carry out the legal requirements of the Act. The most recent of the Act's five changes, which have been enacted since it took effect in 1988, was implemented by the Motor Vehicle (Fifth Amendment) Act of 2022.

Objective of the Act

The Motor Vehicles Act, of 1988, was written with the following goals in mind and applies to all of India

• The greatest possible passenger and freight flow with the fewest obstructions to prevent the formation of islands of isolation that would otherwise cause regional or local imbalances.

• Rationalization of some definitions by the addition of some new definitions for new vehicle categories.

• Procedural simplification and policy liberalization for private sector activities in the realm of road transport.

• Allowing for the amendment of the registration mark system

• There is a provision for certified testing facilities to also issue vehicle fitness certificates.

• Establishing standards for the parts and components of motor vehicles.

• An interest in traffic safety regulations, pollution prevention strategies, and regulations for the transportation of explosive and hazardous materials.

Motor Vehicle Amendment Bill 2019

On July 15, 2019, Nitin Gadkari, the Minister of Road Transport and Highways, presented the Motor Vehicles (Amendment) Bill, 2019 in the Lok Sabha. The Motor Vehicles Act of 1988 is being amended to improve road safety. The Act establishes criteria for motor vehicles, licenses and permits relating to them, and sanctions for breaking these rules. Following amendments have been suggested

Road accident victims' compensation

The central government will create a plan for the treatment of victims of traffic accidents without the use of cash during rush hour. The "golden hour" is described in the bill as the first hour after a serious accident, when there is the greatest chance of saving a life by receiving quick medical attention. The federal government may potentially devise a plan to offer temporary relief to those who are pursuing third-party insurance claims for reimbursement. The following are the changes made by the Bill to the minimum damage in hit-and-run cases

• Between Rs 25,000 and Rs 2 lakh in the event of death

• In the event of severe injury, between Rs 12,500 and Rs 50,000.

Insurance

To offer mandatory insurance coverage for all Indian road users, the bill mandates that the national government establish a Motor Vehicle Accident Fund.

• Treatment for those hurt in car accidents according to the golden hour scheme

• Compensation for the surviving family members of a victim of a hit-and-run.

• Recompense to any additional parties by government regulations.

• Compensation for a victim of a hit-and-run who has suffered severe injuries.

Good Samaritans

According to the bill, a good samaritan is someone who offers accident victims immediate medical or non-medical aid. The help had to have been given.

• Voluntarily

• In good faith

• Without any thought of reward.

Any harm or death of an accident victim brought on by that person's negligence in helping the victim will not subject them to civil or criminal liability.

Vehicle Recalls

If a motor vehicle has a flaw that could endanger the environment, the driver, or other road users, the central government may mandate its recall under the terms of the bill.

Road Safety

The Bill calls on the central government to issue a notification to establish the National Road Safety Board. The Board will provide advice to the federal and state governments on all facets of traffic management and road safety.

Offence and Penalties

The Act's penalties for the number of offences are increased under the Bill.

Conclusion

The Motor Vehicle Act of 1988 makes several recommendations for rules and regulations for the general public, and it plays a significant role in traffic regulation to ensure that the system operates properly and methodically. There are severe penalties for breaking any of the rules. This Act makes sure that everyone is treated fairly and that catastrophic accidents are prevented.

Frequently Asked Questions

Q1. What are the key points of the Motor Vehicle Act, of 1988?

Ans. These are

• Drivers' licenses for automobiles

• Age Limit

• Registration of motor vehicles

• Liability Without Fault

• Motor Vehicle Insurance Act

Q2. What is the objective of the Motor Vehicle Act, of 1988?

Ans. The main goal of the law is to offer assistance and adequate compensation to those who have suffered losses as a result of car accidents that happened in public spaces and resulted in fatalities or permanent disability of members of the public. The law is therefore seen as a welfare law. Additionally, it establishes the Motor Vehicle Tribunal, a unique tribunal responsible for hearing all motor vehicle accident claims.