Almost all features of road transport vehicles are mentioned in detail in the Motor Vehicles Act, 1988 which is an Act of the Parliament of India. The Act has been effective since July 1st, 1989. It is preceded by Motor Vehicles Act, 1939 and Motor Vehicles Act, 1914. All the laws relating to licensing of conductors /drivers, control of motor vehicles through permit, insurance, registration of motor vehicles, traffic regulation, liability, penalties, offences and much more are detailed in the Act. The Central Motor Vehicles Rules 1989 was put into place by the Government of India to exercise the legislative provisions of the Act. The Act is imposed throughout India.
Traffic Penalties Under Motor Vehicle Amendment Bill - 2016
It is of utmost importance that people follow the traffic rules. These rules are made for their safety on the road. Following these rules helps in better traffic management. Under the Motor Vehicle Amendment Bill, 2016, several new amendments have been proposed that has increased the penalties for violating traffic rules. The table below lists the penalties for traffic rules violations.
|Section||Old Provision / Penalty||New Proposed Provision / Minimum Penalties|
|177||General||Rs 100||Rs 500|
|New 177 A||Rules of road regulation violation||Rs 100||Rs 500|
|178||Travel without ticket||Rs 200||Rs 500|
|179||Disobedience of orders of authorities||Rs 500||Rs 2,000|
|180||Unauthorized use of vehicles without licence||Rs 1,000||Rs 5,000|
|181||Driving without licence||Rs 500||Rs 5,000|
|182||Driving despite disqualification||Rs 500||Rs 10,000|
|182 B||Oversize Vehicles||New||Rs 5,000|
|183||Over speeding||Rs 400||Rs 1,000 for LMV Rs 2,000 for Medium passenger vehicle|
|184||Dangerous driving penalty||Rs 1,000||Up to Rs 5,000|
|185||Drunken Driving||Rs 2,000||Rs 10,000|
|189||Speeding / Racing||Rs 500||Rs 5,000|
|192 A||Vehicle without permit||Up to Rs 5,000||Up to Rs 10,000|
|193||Aggregators (violations of licencing conditions)||New||Rs 25,000 to Rs 1,00,000|
|194||Overloading||Rs 2,000 and Rs 1,000 per extra tonne||Rs 20,000 and Rs 2,000 per extra tonne|
|194 A||Overloading of passengers||Rs 1,000 per extra passenger|
|194 B||Seat belt||Rs 100||Rs 1,000|
|194 C||Overloading of two wheelers||Rs 100||Rs 2,000, Disqualification for 3 months for licence|
|194 D||Helmets||Rs 100||Rs 1,000, Disqualification for 3 months for licence|
|194 E||Not providing way for emergency vehicles||New||Rs 10,000|
|196||Driving without insurance||Rs 1,000||Rs 2,000|
|199||Offences by Juveniles||New||Guardian / owner shall be deemed guilty. Rs 25,000 with 3 years’ imprisonment. For Juvenile to be tried under law.|
|Hit and Run Compensation||Rs 2,00,000 or Rs 10,00,000 in case of fatality|
|Travel without ticket||Rs 500|
|Offences by Enforcing Officers||Twice the penalty|
New Additions to Motor Vehicles Act, 1988
- Riding without a helmet, speeding, rash driving, driving while under the influence of alcohol, using mobile phone while driving or riding and speeding could result in a suspension of the offender’s driving licence on-the-spot.
- Motorists who are involved in a crash and fail to take the crash victims to the nearest hospital in cases where there is no mob fury would be fined Rs. 2, 000 or could face a jail term of up to 6 months.
- First time offenders will face fines of up to Rs. 5, 000 or up to 6 months in jail for offences falling under the purview of the Motor Vehicles Act. Subsequent offences will result in fines of up to Rs. 10, 000 or 2 years in jail.
- Driving or riding without valid car or two wheeler insurance would result in a fine of Rs. 2, 000 and 3 months in jail. Subsequent offences would result in a fine of Rs. 4, 000. Victims of a car crash by an uninsured vehicle would be liable to receive compensation from the owner of the vehicle.
- A fine of Rs. 5, 000 up to Rs. 1 lakh will be levied on individuals, dealers or car body builders who interfere with the construction and maintenance of vehicles.
Note: The additions were made in 2016 and will come into effect shortly.
Some of the important sections in the Motor Vehicles Act, 1988
Section 113: This section enforces the law regarding the weight that’s permitted to be carried by a vehicle.
Section 112: This section imposes the law regarding the maximum speed at which a motor vehicle can be driven.
Section 129: The section which imposes the law of motor cyclists having to wear helmet while riding.
Section 134: This section deals with the duty of a driver of a vehicle to report an accident to the police and aid the injured by getting medical attention.
Section 185: This section refers to the law which forbids drivers to drive under the influence of drugs or alcohol.
Some of the Common Offences Committed by Drivers on the Road
- Not having a valid licence on the driver while driving a motor vehicle. The fine can be between Rs. 100 and Rs. 300.
- Driving on a road that is one-way in the opposite direction is against the law. The First Offence will infer a fine from Rs. 100- 300.
- Overtaking vehicles in a dangerous manner. Fines can be between Rs. 100 and Rs. 300
- Driving through a signal which is red is an offence which can be fined Rs. 100 for the first offence and up to Rs. 300 for subsequent offence.
- Driving the vehicle on the footpath is breaking the law. A fine of Rs. 100 to Rs. 300 may be imposed.
- It is against the law to stop the vehicle at a Pedestrian Crossing/ Crossing Stop Line. Breaking this law could lead to a fine of anything from Rs. 100 (for first offence) up to Rs. 300.
- Parking violations can be fined from Rs. 100 to Rs. 300
- Number Plate Offences can be fined Rs. 100-300
- Horn offences can be charged a fine of Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
- Headlights used in an improper manner can result in a fine from Rs. 100 for first time offence and Subsequent Offence of up to Rs. 300.
- If an Excess Fare is charged, a fine of between Rs. 100 for first offence and Rs. 300 for subsequent offence will be charged.
- Riders of two wheelers who do not wear helmet while riding may be charged a fine of up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
- According to the Act, any misbehaviour with passengers of the vehicle will be fined between Rs. 100 and Rs. 300
- Not having the necessary documents as required by law will infer a fine of Rs. 100 to Rs. 300.
- Cutting lanes in a dangerous manner can infer a fine of Rs. 100 - 300
- If the driver of the vehicle refuses to ply for hire, he/she can be fined up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
- The law describes certain goods as hazardous to be carried by vehicles. If this is breached fine of up to Rs. 100 will be charged for first offence and up to Rs. 300 for subsequent offence.
- Accidental Offences will be charged a fine of up to Rs. 500 or imprisonment up to 3 months or both for the first offence. Subsequent offence will be fined up to Rs. 1000 or imprisonment up to 6 months or both.
- If Mobile Phones are used while driving, the driver may be charged up to Rs. 100 for first offence and up to Rs. 300 for subsequent offence.
- If a driver breaches order and refuses to give information to the authorities, he/she may be charged with a fine of up to Rs 500 or be imprisoned up to 1 month (or both).
- If a person with a licence allows someone without a valid licence to drive the vehicle, then the first person will be charged a fine up to Rs 1000 or will be imprisoned for up to 3 months or both.
- A fine of up to Rs. 1000 for first offence and up to Rs. 2000 may be charged for those drivers who drive in a dangerous/reckless manner. The driver may be fined, imprisoned (for up to 6 months- 2 years) or both.
- The act of driving a vehicle without valid licence is breaking the law. A fine of up to Rs 500 can be charged, the individual can be imprisoned for up to 3 months or both.
- Any offence relating to driving licence can be charged a fine of up to Rs 500, imprisoned for up to 3 months or both.
- The Act states that driving under the influence of alcohol and drugs is punishable by law. Breaking this law for the first time will result in a fine of up to Rs. 2000 or imprisonment up to 6 months or both. If the offence is repeated, they shall be fined up to Rs. 3000 or imprisoned up to 2 years or both.
- It is expected by law, according to 182(A), that the vehicle is maintained to a basic degree. If this law is broken, a fine of Rs. 1000 may be charged for First Offence and Rs. 5000 for subsequent offence.
- A fine of Rs. 400 – 1000 will be charged for those exceeding the speed limit as mentioned in MVA: 112