The Motor Vehicles Act, 1988The Actcame into force from 1 July 1989. It replaced Motor Vehicles Act, 1939 which earlier replaced the first such enactment Motor Vehicles Act, 1914. The act is amended by The Motor Vehicles act, 2019. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.
Definitions
Some of the definitions from the act are given below:
motor vehicle: Any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted from an external or internal source of power.
Accident claims
There is a provision to provide with no upper limit, as interim relief to the family of a victim of fatal accidents. The cases of road accident compensation claims are decided in the Motor Accident Claims Tribunal.
Previous laws
The "Indian Motor Vehicles Act, 1914" was a central legislation passed and applicable in British India. Some princely states followed suit, with local modifications. Motor vehicles were first introduced in India towards the end of the 19th century, and the 1914 Act was the first legislation to regulate their use. It had 18 sections, and gave local governments the responsibility of registering and licensing vehicles and motorists, and enforcing regulations. It was replaced by the Motor Vehicles Act, 1939, which came into force in 1940.
Amendments
Indian Motor Vehicles Acts, from 1914-2016
The "Indian Motor Vehicles Act, 1914" was amended by the "Indian Motor Vehicles Act, 1920" passed by the Imperial Legislative Council. It received assent from the Governor General of India on 2 September 1920. The Act amended sections 11 and 18 of the 1914 Act. The Act was amended again by the "Indian Motor Vehicles Act, 1924". The Act received assent from the Governor General on 18 September 1924. It had the title, "An Act further to amend the Indian Motor Vehicles Act, 1914, for certain purposes" and amended section 11 of the 1914 Act by inserting the words "and the duration for which" after the words "area in which" in clause of subsection of section 11. The motor vehicle act has again been amended in 2016.
Indian Motor Vehicles (Amendment) Act,2017
This will be a significant upgrade to the motor vehicle laws. It envisages body cams on traffic cops and RTO officials to check corruption and 7-year imprisonment instead of current 2 years for drink-driving deaths, mandatory 3rd party insurance for all vehicles, and stiffer penalties for traffic violations to reduce the accident rates. However due to frequent disruptions in Rajya Sabha and lack of support from Indian National Congress, the bill failed to turn into act and lapsed after the conclusion of interim budget session and on the account of general elections.
Indian Motor Vehicles (Amendment) Act, 2019
Motor Vehicles amendment Act has came in to force on 1 September 2019, providing higher penalties for traffic offences.
