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Motor Vehicles (Amendment) Act, 2019 To Come Into Force From September 1 [Read Notification]

LIVELAW NEWS NETWORK
31 Aug 2019 7:39 AM GMT
Motor Vehicles (Amendment) Act, 2019 To Come Into Force From September 1 [Read Notification]
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The Motor Vehicles (Amendment) Act, 2019 is set to come into force from tomorrow, i.e. September 1. The Amendment Act will amend the Motor Vehicles Act, 1988.A notification issued by the Union Ministry of Road Transport and Highways stated that September 1, 2019 has been appointed as the date on which Section 1 of the Amendment Act will come into force The Motor Vehicles (Amendment)...

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The Motor Vehicles (Amendment) Act, 2019 is set to come into force from tomorrow, i.e. September 1. The Amendment Act will amend the Motor Vehicles Act, 1988.

A notification issued by the Union Ministry of Road Transport and Highways stated that September 1, 2019 has been appointed as the date on which Section 1 of the Amendment Act will come into force

The Motor Vehicles (Amendment) Bill, 2019 was passed by the Parliament on August 5 and it received Presidential assent on August 9 to take the form of an Act. The Amendment Act is aimed at enhancing road safety, improving process of issuing licenses and permits, weeding out corruption in RTO offices and ushering use of technology for regulating road traffic. Certain salient features of the Amendment Act are:

Driver Refresher Training Course: It has introduced a condition to undergo 'driving refresher training course' for reviving license after suspension/revocation under Section 19.

Liability of Guardians in case of accidents by Juveniles: Section 199A of the Amendment Act imposes liability on guardian or the owner of the vehicle responsible for an accident caused by a juvenile.

Community Service as punishment: Section 200 of the Amendment Act prescribes punishment in the form of 'Community Service' for traffic violations.

Compensation for road accident victims: The central government has been conferred with the responsibility to develop a scheme for cashless treatment of road accident victims during 'golden hour', i.e., 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.

Motor Vehicle Accident Fund: The Motor Vehicle Accident Fund has been introduced under Section 164B of the Amendment Act for giving immediate relief to victims of motor accidents, and also hit and run cases. The compensation paid out of the fund shall be deductible from the compensation which the victim may get in future from the Tribunal.

Protection of Good Samaritans: The Amendment Act defines "good Samaritan" as a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital. Section 134A of the Amendment Act extends to them protection from unnecessary trouble or harassment from civil or criminal proceedings and empowers the Central Government to frame Rules for their protections.

Hit and Run Scheme: The compensation payable to victims of 'hit and run' cases out of the scheme fund under Section 161 has also been enhanced to Rs. 2 lakhs in case of death, and Rs. 50,000/- in case of bodily injury, from Rs.25,000/- and Rs.12,500/- respectively.

Time-limit of six months for filing claim: Section 166(3) added through the Amendment Act states that the claim petition has to be filed within six months of the date of accident. In the original Act passed in 1988, there was a similar provision. But the said provision fixing time limit was deleted as per 1994 amendment. Therefore, a claim could have been filed at any time, without any limitation. Now, that provision has been brought back

Apart from the aforesaid, a Road Safety Board shall be created under Section 215D of the Amendment Act for advising on matters relating to road safety. Further, stringent penalties have been introduced for road traffic violations.

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