Overview of” motor vehicles act 1988″./ Offence under this act/objective of this act.

Introduction,

“ The Motor Vehicles Act 1988 ” Was Enacted On 14 October 1988, And Came Into Force On 01 July 1989 Across India,This Act  Consolidating And Amending The Old Laws Relating To Motor Vehicles.This Act Contains Many Provisions Of Motor Vehicles, Such As Traffic Rules And Regulations, Insurance Policy, Registration And License, Driving Schools, strict Penalties ,Safety Measures , fitness of vehicles and pollution control Etc.

In 2019, The Act Was Amended Again , And Presently This 1988 Act Is Replaced by The Motor Vehicle( Amendment )Act,2019. In this Amendment Increases The Fines For Violation Of Traffic Rules And Laws ,Also Introduced Facilitates Online System For License Application And Vehicle Registration, also Strict punishment will be imposed in hit and run cases.etc
In this article I will discuss ”The motor vehicle act 1988” and you Know the objective of the Act, important provisions of this Act, the offenses falling under this Act.

Objective of the motor vehicles Act 1988

• Issue A Driving License To A Decent Person.  Therefore, The Act Sets The Age Limit For Issuing Licences, As Well As Many Provisions Like Physical Examination Of The Person , Driving Test Etc.
• This Act requires vehicle manufacturers to provide various facilities in the vehicle for the safety of people.

• To make people aware of traffic rules and force them to follow these rules, so that the rate of road accidents is reduced.

• Compensation to the party injured in the accident through insurance policy.

• Fine and punish violators of motor vehicle laws.

Offence under the Motor vehicles act 1988

1. Without License -The Government Issues A License Only To A Suitable Person In The Interest Of Human Safety. If anyone Driving Without A License Is An Offense Under This Act.

2. Driving Under Influence: The Law Recommends Driving With A Healthy Mind And Body.  If A Person Drives Under The Influence Of Alcohol, Cannabis, Drugs, Etc., Such Acts Fall Under The Category Of Crimes.  The Administration Has The Power To Revoke The Person’s License And Imprison Him.

3. Traffic Rules Violation: Violation Of Traffic Rules Is A Crime.  Such As Over Speeding , Driving On The Wrong Road, Violating Traffic Light Rules, Parking On A Wrong Place, risky driving, Etc

4. Without Vehicle Registration: Registration Of The Vehicle Is Compulsory, As It Is Very Important To Have The Identity Of The Vehicle In Case Of Accident, And Many Criminal Activities Use Unregistered Vehicles.  Therefore, It Is An Offense To Drive A Vehicle On The Road Without Registration And Also Number Plate Is Not Installed.

5. Driving without safety: Both rider and pillion are required to wear helmets while riding motor cycles, wear sit belts in four wheelers, exceed the capacity limit in vehicles,Using mobile phones while driving  if anyone Failure to follow these recommendations is an offense under this Act.

6. Insurance: Vehicle insurance policy is compulsory,Insurance helps to provide relief to the victims of accidents, so it is compulsory for every vehicle on the road to have an insurance policy. If a person does not comply with this law, it is an offense under this law.

7. Fitness and pollution: Failure to update the fitness and pollution certificate of the vehicle in time is an offense under this Act

8. Filing to required documents: If you fail to produce the documents related to your vehicle as required by the transport department at any time, the transport department may issue a fine against you.

Important provisions of the Motor vehicles act 1988,

Driving Licence ,

Sections 3 To 39 Of The Motor Vehicle Act Deal With Driving Licences, The Motor Vehicle Act Makes It An Offense To Drive A Vehicle Without A Licence, As Well As The Age Limit For Obtaining A Licence, How To Apply For A License And All The Matters Available In The Act.

• A Driving  License Is Issued By The Central Government, And Every State In India Has Its Own Transport Department.. Regional  Transport Department First Issue The Learner License And Its Validity Is Six Months, During Which Time You Have To Learn To Drive The Vehicle And Sit For The Driving Test Conducted By The Transport Department.  Where You Have To Drive The Vehicle And Show It To The Transport Officers , If You Pass This Driving Test You Will Get A  Driving Licence.

• The Candidate Must Be 18 Years Of Age To Apply For The Driving License And Also The Candidate’s Physical Report Issued By The Doctor Is Required , Where The Doctor Examines The Candidate’s Eyes, Blood Report, Physical Disability .And  Vehicles Below 50 Cc Can Be Driven By People Over 16 Years Of Age, But The Person Must Be 20 Years Of Age To Obtain A Driving License For Public Transport Or Commercial Vehicles.

• The License Is Issued For A Specified Period Of Time, And After That Period The License Must Be Renewed.  In Exchange For Renewing The License, The Person Has To Pay The Prescribed Fee Of The Government, And The Department Requires The Necessary Policy Documents From The Person. If The License Is Not Renewed On Time, The License Will Be Cancelled.

• The Administration Has The Power To Revoke The License If You Do Not Comply With The Provisions Of This Act After Obtaining The Licence.  The Reasons Are If You Obtain The License Corruptly Or Incorrectly, Drive Under The Influence Of Alcohol, Drugs , Repeatedly Violate Traffic Rules, Have Mental Or Physical Difficulty Driving (Old And Disability) And If You Do Not Renew Your License On Time.

• There Are Also Several Sections In The Act For Conductors Working In Government Transport Vehicles.  To Become A Conductor, The Person Has To Register His Name With The State Transport Department.

Registration of vehicle

There Are Several Provisions In This Act From Section 39 To Section 65 Regarding Registration Of Vehicles. 

• After Purchasing The Vehicle, It Is Compulsory To Register The Vehicle With The Transport Department.  If The Rules And Regulations Of This Act Are Not Followed, The Transport Department Has The Power To Seize The Vehicle.

• To Register The Vehicle You Have To Go To Your Regional Transport Office, For Registration This Transport Department Requires Some Documents Of The Vehicle(Chassis Number, Sales Certificate, Etc) And The Person(Adhar Card, Pan Card) Who Bought It And Collects The Registration Fee Prescribed By The State Government.

• After Checking The Documents Of The Vehicle And Owner, The Regional Transport Department Issues A Number On Behalf Of The Vehicle, The Number Is Affixed To The Vehicle  And Issues A Certificate (R C) Of Registration To The Owner Of The Vehicle.  This Certificate Contains The Name Of The Owner, Registered Number Of Vehicles , Validity Of The Certificate,name Of The Vehicle, Color, Engine, Name Of The Manufacturer, All The Details.

• A Vehicle Is Registered For 15 Years, And Can Be Renewed For Another 5 Years After This Period.

Traffic Rules And Regulations ,

• This Act Has Many Sections Related To Traffic Rules,Sections 112 To 138 Have Various Provisions Related To Traffic Rules.

• No Person Can Drive Above The Prescribed Speed Limit , No Vehicle Can Carry Goods Above The Prescribed Weight.

• If Vehicles Are Prohibited From Moving In A Place By Notice Then Vehicles Cannot Move In Such Places,You Have To Drive In Compliance With Traffic Laws.

• You Cannot Park Your Vehicle Anywhere, You Have To Drive On Left Hand Side Road In India .
• If You Need Paas When Driving In Any Place Then You Cannot Drive Without Pass , Driving All Kinds Of Safety  Use Equipment , Such As Helmet, Seat Belt Etc.

• Cannot Move Forward When The Train Is Coming , If A Police Officer Or Traffic Officer Stops The Vehicle Then The Driver Must Stop , If Your Vehicle Accident Happens Anywhere Then  You Should Notify The Police.

Insurance

• The Motor Vehicles Act 1988 states that all vehicles are required to have third party insurance, driving without insurance is an offense and the Act provides for fines For not to buy insurance policy.

• Third party insurance This policy provides relief to people injured or killed in accidents .
• Insurance covers damage if the vehicle is damaged by theft or fire.

• The insurance company issues a certificate on behalf of the vehicle stating the validity of the insurance, the amount of benefits to be paid.

Major penalty under Motor vehicles act .

1. Driving Without a License: Fine of up to Rs. 5,000 or imprisonment for up to 3 months for first-time offenders. Subsequent offenses may result in a fine of up to Rs.10,000 or imprisonment for up to 3 months, or both.

2. Driving Without Insurance: Fine of up to Rs. 2,000 for the first offense, and up to Rs.4,000 for subsequent offenses.


3. Driving Without Helmet (for Two-Wheeler Riders): Fine of Rs. 1,000 for the first offense, and Rs. 2,000 for subsequent offenses.

4. Driving Under the Influence of Alcohol or Drugs: Fine of up to Rs. 10,000 and/or imprisonment of up to 6 months for the first offense. Subsequent offenses may result in a fine of up to Rs. 15,000 and/or imprisonment of up to 2 years.

5. Over-Speeding: Fine ranging from Rs. 1,000 to Rs. 2,000 for light motor vehicles (LMV) and two-wheelers, and up to Rs. 4,000 for medium/heavy goods and passenger vehicles for first-time offenses. Subsequent offenses may result in higher fines.

6. Jumping Traffic Signals: Fine of up to Rs. 1,000 for the first offense, and up to Rs. 2,000 for subsequent offenses.


7. Not Wearing Seatbelt (for Car Drivers): Fine of Rs. 1,000 for the first offense, and Rs. 2,000 for subsequent offenses.

8. Using Mobile Phones While Driving: Fine of Rs. 1,000 for the first offense, and Rs. 2,000 for subsequent offenses.


9. Not Carrying Necessary Documents: Fine of up to Rs. 500 for the first offense, and up to Rs. 2,000 for subsequent offenses.

Conclusion

The motor vehicle act is a welfare legislation, which defines many policies and rules for the operation of motor vehicles in India.  The first Motor Vehicles Act was passed in India in 1914 during the British Government, and has been amended four times so far.