Rajya Sabha Passes Motor Vehicles Amendment Bill With Two Amendments By Union Minister

The Rajya Sabha on Tuesday passed the Motor Vehicles (Amendment) Bill 2019 with two amendments introduced by the Union Minister for Road Transport and Highways Nitin Gadkari. The Lok Sabha had cleared the Bill containing 93 clauses on July 23. Deputy Chairman of the Rajya Sabha Harivansh Narayan Singh declared the Bill as amended passed based on 108 'yes' votes as against 13 'no' votes. The motions moved by Elamaram Kareem (CPI(M)) and Binoy Viswam (CPI) for referring the Bill to standing committee were rejected by the house majority.Accepting the suggestions made by AIADMK in the upper house, Union Minister Gadkari introduced amendments in the Bill to change the word "consult" in the proposed Section 88A to "concurrence". The other amendment was to change the word "may" in the proposed Section 67 to "can" with respect to the State Government's power to issue directions to State Transport Authority and Regional Transport Authorities.The amendments proposed by the Union Minister were passed by the House. This means that the Central Government schemes formulated by Central Government for national, multi modal and inter-state transport for goods and passengers can be implemented only on the basis of "concurrence" of State Government instead of "consultation" with State Government.Now the Bill in the amended form will go back to Lok Sabha for its approval. Speaking about the Bill in the upper house, the Union Minister expressed the hope that the amendments will enhance road safety, improve the process of issuing licenses and permits, weed out corruption in RTO offices and usher in use of technology for regulating road traffic. The notable changes proposed by the Motor Vehicles(Amendment) Bill 2019 are as follows. Driver Refresher Training Course Condition to undergo "driving refresher training course" for reviving license after suspension/revocation under Section 19, and also for compounding of traffic offences under Section 200 has been introduced. Licensing of Cab Aggregators Provision has been suggested to regulate licensing of cab aggregators, by amending Section 93 of the Act, and also by introducing definition of "aggregator" under Section 2(1A). Community Service as punishment Through amendment to Section 200 , punishment in the form of 'Community Service' can be imposed for traffic violations, . Newly proposed Section 2(4A) Act defines "Community Service" as unpaid work which a person is required to perform as a punishment for an offence committed under this Act . Change in Duration of License The duration of licenses to drive light motor vehicles and transport vehicles have been changed. The period within which license has to be renewed after expiry has also been changed. Protection of Good Samaritans The Bill 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 transporting such victim to the hospital as per Section 134A proposed to be added. The Bill makes provision for protection of Good Samaritans from unnecessary trouble or harassment from civil or criminal proceedings and empowers Central Government to frame Rules for their protections. Manufacturer to recall defective vehicles and components. Newly proposed Section 110A enables Central Government to issue directions to manufacture to recall vehicle or components in cases of defects reported by such percentage of users as notified, or by any testing agency or by any other source. Liability of contractor/concessionaire in case of faulty road design Newly proposed Section 198A imposes liability on contractor, concessionaire or designated authority when their failure to follow prescribed design and standards results in death or injury. Liability of Guardians in case of accidents by juveniles. Newly proposed Section 199A imposes liability on guardian or the owner of the vehicle responsible for an accident caused by a juvenile. Enabling insurer to seek exoneration from liability for non-receipt of premium The amendment makes non-receipt of premium one of the specified conditions, which would enable the insurer to seek exoneration from the liability., by virtue of new section proposed as Section 150 2(c) Limited Liability in no-fault cases. The Amendment replaces Section 163A with Section 164. The structured formula system of payment of compensation envisaged by Section 163A of the earlier Act on the basis of Second Schedule is sought to be repealed. The Second Schedule is also sought to be taken away. This provision contemplates payment of rupees five lakhs in cases of death, and rupees two lakhs and fifty thousand in cases of grievous hurt. Newly proposed proviso in Section 165(1) states that acceptance of payment of compensation under Section 164 will result in lapse of claim petition. Therefore, the maximum...

Rajya Sabha Passes Motor Vehicles Amendment Bill With Two Amendments By Union Minister

Manu Sebastian

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