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Transportation Laws in India
Based on the entire statute, it appears that the main goal of the law was to ensure road transportation and motor vehicle safety. The entire law deals with provisions relating to driver and conductor licensing, vehicle registration, vehicle control through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, as well as offenses and penalties if the aforementioned provisions are violated.
What are Transport Laws?
The branch of law that deals with transportation is known as transport law (or transportation law). The regulations may be applied more narrowly to the transportation of specific items or activities inside a given transportation system, such as the movement of cars, objects, or behaviors. There are two primary areas of transportation law −
Legislation or statutory law is passed or made by elected officials, such as parliaments, or by other officials acting under delegation, as determined by court-decided precedent.
Statutes, also known as Acts, and delegated legislation, such as regulations, orders, or notices, make up the majority of legislation. Case law is the body of decisions, conclusions, and rulings made by courts.
What is the Purpose of Transportation Laws?
Transport is vital for fostering economic expansion, generating jobs, and linking people to necessities like healthcare and education. But the advantages are not being felt in many developing nations. One billion people still reside more than two kilometers from an all-weather road, and access is directly correlated with poverty in these areas. Worldwide, one in six women choose not to look for work out of concern for harassment when traveling. Around 1.35 million people are killed on the road each year, 93% of them in developing nations.
The need to reduce how much transportation contributes to global warming is also crucial. 20% of the world's GHG emissions are already caused by domestic and international transportation. GHG emissions from transportation might rise by as much as 15% as populations, economies, and the need for mobility increase.
The Road Transport Corporation Act, 1950, was passed shortly after India gained its independence with the intention of enabling the states to offer acceptable and affordable transportation services to their residents in light of the dearth and covert disdain of private operators. The act gave state governments the ability to create corporations that would perform both the aforementioned functions and supplementary services.
The Transport by Road Act, 2007, was passed with the intention of regulating common carriers and restricting their liability with regard to the products they transport where damage or loss occurs that is not caused by illegal or careless behavior on their part.
The law also requires the consignee to indicate the value of the items being transported in order to assess the proper obligation for any loss or damage to the goods caused by the carrier or their agents or servants' negligence or criminal activity.
As can be seen, the three statutes together cover a wide range of topics regarding all aspects of road traffic. Since 2014, a law known as the Road Transport Safety Bill has been in the works with the goal of enhancing India's road safety, which is a major concern for drivers across the country.
Conclusion
As a result, it is evident that the transportation sector is going through a transformation. The government should create the necessary laws for them in light of rising FDI and the enormous expansion of the market for electric vehicles in the transportation industry.
The government should include them in the law as well as ensure that the states are able to integrate their information services and that the legislation actually gets implemented in the states concerned, given the highly inefficient usage of India's road networks and their antiquated design. It has often been demonstrated that more public-private cooperation enhances a law's effectiveness, viability, and application.
Frequently asked questions
Which law in India relates to transportation?
The 1950 Road Transport Corporation Act, The 2007 Carriage by Road Act, The Indian Motor Vehicle Act of 1988. Similar to the older Act of 1939, the Motor Vehicles Act of 1988 makes auto insurance mandatory. Every motor vehicle owner is required to protect their vehicle against third-party danger. The insurance provider, or insurer, insures against third-party loss risks brought on by motor vehicle use.
What does the Indian Motor Vehicle Act's Section 129 mean?
When a person is in violation of MV Act 129 and is responsible for paying damages while operating a motorcycle or scooter, that person must wear protective headgear or a helmet.
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