For All Defence Aspirants The motor vehicles(amendment) Act,2019

For All Defence Aspirants The motor vehicles(amendment) Act,2019

 

Recently, the motor vehicles (amendment)bill,2019 received president’s assent. The bill seeks to amend the motor vehicles act, 1988 and aims to reduce road fatalities, weed out corruption in transport sector and promote the use of technology to regulate traffic.

Key provisions

The act provides for a national road safety board, to be created by the central government. It will advise the central and state governments on all aspects of road safety and traffic management.

According to the act, the central government may develop a national transportation policy, in consultation with state governments. The policy will establish a planning framework for road transport and develop a framework for grant of permits.

It defines taxi aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes(taxi services). These aggregators will be issued licenses by state further, they must comply with the information technology act,2000.

It provides for online learners licence with mandatory online identify verification. Driving test will be computerized to avoid fake driving licences.

It increases penalities fro several offences and incompliance under the act.

The act requires the central government to constitute a motor vehicles accident fund, to provide compulsory insurance cover to all road users in India. It will be utilized for treatment of persons injured in road accidents and providing compensation to the family members in case of accidental death.

It provides to formulate a scheme for cashless treatment of road accident victims during the golden hour.  The act defines golden hour as the time period of up to one hour following a traumatic injury ,during which the likelihood of preventing death through prompt medical care is the highest.

To help road accident victims ,good Samaritan guidelines have been incorporated in the act. It defines a good Samaritan as a person assistance to a victim at the scene of an accident, and provides rules to prevent harassment of such a person.

Act allows the central government to order for recall of motor vehicles if a detect in the vehicles may cause damage to the environment .the manufacturer of the recalled vehicle will be liable to fix the defect or to reimburse the full cost of vehicle.

Issues revolved

Ensuring electronic monitoring across could incur a significant amount of infrastructure investment on the part of the states such as CCTV cameras, speed ,detectors ,training programmes,etc. The ACT does not specify whether such costs will be borne through a central scheme or though additional grants to the states from the centre.

While the amendment provide for setting up a national road safety board, it would still be advisory in nature. The sundar committee report (2010) had recommended that the national road safety board should have the power to monitor compliance, issue directions regarding compliance and levy penalities,where necessary.

Transport is in the concurrent list, so both the centre and states can frame laws and rules.hence ,for the implementation of a central legislation, the states should be willing to incorporate all the provisions of central legislation in their state act.

Way forward

It is implementation, not legislation that is emerging as the major challenge. The prevalent traffic rules are violated in collusion with the officials.

Moreover, according to supreme court appoints committee on road safety,uttar Pradesh has just over 3,000 traffic cops,against a requirement of over 48,000 .hence, there is an urgent need for increased manpower and strict implementation of the laws.

The bigger problem is social change. From ignoring even the most basic traffic rules like jumping traffic lights to not using safety equipment like helmets is deeply ingrained in our collective psyche. Hence,unless a massive education campaign is undertaken to sensitive the public on road safety,any number of amendments to the law will have little impact.

The motor vehicles(amendment) Act,2019

Recently, the motor vehicles (amendment)bill,2019 received president’s assent. The bill seeks to amend the motor vehicles act, 1988 and aims to reduce road fatalities, weed out corruption in transport sector and promote the use of technology to regulate traffic.

Key provisions

The act provides for a national road safety board, to be created by the central government. It will advise the central and state governments on all aspects of road safety and traffic management.

According to the act, the central government may develop a national transportation policy, in consultation with state governments. The policy will establish a planning framework for road transport and develop a framework for grant of permits.

It defines taxi aggregators as digital intermediaries or market places which can be used by passengers to connect with a driver for transportation purposes(taxi services). These aggregators will be issued licenses by state further, they must comply with the information technology act,2000.

It provides for online learners licence with mandatory online identify verification. Driving test will be computerized to avoid fake driving licences.

It increases penalities fro several offences and incompliance under the act.

The act requires the central government to constitute a motor vehicles accident fund, to provide compulsory insurance cover to all road users in India. It will be utilized for treatment of persons injured in road accidents and providing compensation to the family members in case of accidental death.

It provides to formulate a scheme for cashless treatment of road accident victims during the golden hour.  The act defines golden hour as the time period of up to one hour following a traumatic injury ,during which the likelihood of preventing death through prompt medical care is the highest.

To help road accident victims ,good Samaritan guidelines have been incorporated in the act. It defines a good Samaritan as a person assistance to a victim at the scene of an accident, and provides rules to prevent harassment of such a person.

Act allows the central government to order for recall of motor vehicles if a detect in the vehicles may cause damage to the environment .the manufacturer of the recalled vehicle will be liable to fix the defect or to reimburse the full cost of vehicle.

Issues revolved

Ensuring electronic monitoring across could incur a significant amount of infrastructure investment on the part of the states such as CCTV cameras, speed ,detectors ,training programmes,etc. The ACT does not specify whether such costs will be borne through a central scheme or though additional grants to the states from the centre.

While the amendment provide for setting up a national road safety board, it would still be advisory in nature. The sundar committee report (2010) had recommended that the national road safety board should have the power to monitor compliance, issue directions regarding compliance and levy penalities,where necessary.

Transport is in the concurrent list, so both the centre and states can frame laws and rules.hence ,for the implementation of a central legislation, the states should be willing to incorporate all the provisions of central legislation in their state act.

Way forward

It is implementation, not legislation that is emerging as the major challenge. The prevalent traffic rules are violated in collusion with the officials.

Moreover, according to supreme court appoints committee on road safety,uttar Pradesh has just over 3,000 traffic cops,against a requirement of over 48,000 .hence, there is an urgent need for increased manpower and strict implementation of the laws.

The bigger problem is social change. From ignoring even the most basic traffic rules like jumping traffic lights to not using safety equipment like helmets is deeply ingrained in our collective psyche. Hence,unless a massive education campaign is undertaken to sensitive the public on road safety,any number of amendments to the law will have little impact.

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