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New Updates In The Central Motor Vehicle Act 2019

The Ministry of Road Transport and Highways has lately made amendments to the Central Motor Vehicle Rules, 1989. The authorities have carried out important modifications in step with the revised regulations: Compulsory protection gadgets on bikes Spare tires are not essential in all motors Other than those, positive regulations have additionally been revised for car producers, bikes, and motors with tubeless tires.

The producers in India want to offer the following matters under the brand-new regulations: Co-riders must have handholds on the face of the motorcycle or in the back of the rider seat. This must be in step with the necessities detailed in the IS: 14495-1998. There must be footrests on each fender of the motorcycle. a protection tool to cowl no less than half of the rear wheel of the motorcycle.

This guarantees that the garments of the co-riders are not entangled inside the wheel, which can cause mishaps while using the bike. The windscreen/window glass of the motorcycle is to be fabricated from protection glass material. The protection glass of the rear home windows and windscreen inside the vehicle has to offer no less than 70% visible transmission of light.

New Rules for Motorcycles that include a light-weight box connected to them must fulfil the subsequent necessities: The box dimensions must know no longer exceed 550 mm in length, 510 mm in width, and 500 mm in height. The weight of the box (consisting of the mounting and cargo carrier) cannot exceed 30 kg. If the box is equipped with a co-rider space, no co-rider is allowed.

The motorbikes made from January 2022 must fulfil the necessities laid down in AIS 146:2018 till the corresponding BIS specs are notified under the Bureau of Indian Standards Act, 2016 (eleven of 2016). New Rule for Cars with Tubeless Tires Also, motors with tubeless tyres can now function without a spare tyre provided the automobile proprietors have a tyre repair package and a Tyre Pressure Monitoring System (TPMS) with them while driving.

Benefits In Motor Vehicle Act 2019:

  1. Vehicle Suitability:
    The MVA changes require automated vehicle suitability checks. This not only reduces corruption in the transport department but also improves the safety of the vehicles. Rather, a sanction is provided for the intentional violation of environmental and safety regulations as well as for body manufacturers and spare parts suppliers. With this amendment, the test centers that issue vehicle registrations fall within the scope of the law and standards are set for vehicle testing institutes.
     
  2. Vehicle recall:
    In addition, the central government now has the power to order the recall of motor vehicles if there is a defect in the vehicle that may harm the environment, the driver, or other road users. The manufacturer of the recalled vehicle must reimburse buyers for the full cost of the vehicle or replace the defective vehicle with another vehicle of similar or better specifications.
     
  3. Liability Insurance:
    As a result of the modification, the driver's assistant was included in the liability insurance. Furthermore, insurers' liability will be unlimited. There will also be a tenfold increase in insurance compensation from Rs 50,000 to Rs 5 lakh. The application process has also been simplified. The amendment also requires insurance companies to pay claims within a month if the victim's family agrees to Rs 5,000 in compensation.

    The minimum hit and run compensation have also been increased from Rs 25,000 to Rs 2 lakh in the event of death and from Rs 12,500 to Rs 50,000 in the case of serious injuries. Tarun Mathur, General Insurance Business Director at Policybazaar.com, said: "The New Motor Vehicles Act 2019 is a much-requested government initiative. The law aims to provide a better sense of responsible driving among the citizens of the country.

    The law has also closed the gap between insured and uninsured vehicles since it came into force. He shared that insurance platforms such as Policy bazaar saw an increase in new auto insurance policy bookings of 7.5 times. "These numbers suggest that consumers are aware of the increase in fines and are proactively ensuring their vehicles while protecting their own cars and bikes and damage caused to third parties," he added.

    He went on to say that sales of previously uninsured or expired policies have increased by 50 percent, as consumers are now required to insure themselves or face a hefty fine if caught without one four insurance policies. The amended law provides for a National Road Safety Council to be established by government notice. This body advises central and state governments on all aspects of road safety and traffic management, including motor vehicle standards, vehicle registration and registration, road safety standards and the promotion of new vehicle technologies.
     
  4. Road Safety Council:
    The amended law provides for a National Road Safety Council to be established by government notification. This body advises central and state governments on all aspects of road safety and traffic management, including motor vehicle standards, vehicle registration and registration, road safety standards and the promotion of new vehicle technologies.
     
  5. Good Samaritan Protection:
    In order to help the victims of traffic accidents, the " Good Samaritan Guidelines" were incorporated into the Motor Vehicle Act. A "Good Samaritan" is defined as a person who provides emergency medical or non-medical assistance to a victim at the scene of an accident.

    There are also rules that would prevent harassment of that person. This is an extremely important addition because many people lose their lives in traffic accidents because they do not receive immediate help from ordinary people who are afraid of being bullied. The law provides for a golden hour rule for cashless treatment of traffic accident victims during the golden hour.
     
  6. Motor Vehicle Accident Fund:
    The law now requires the central government to set up a Motor Vehicle Accident Fund to provide compulsory insurance coverage for all road users in India. It is used for the treatment of people injured in traffic accidents under the Golden Hour regime; compensation for representatives of a person who died in a hit-and-run accident; compensation for a person who was killed in a hit-and-run accident who was seriously injured; and compensation to any other person as prescribed by central government.

    This fund shall be credited by payment in a manner notified by the Central Government, a donation or loan from the Central Government, balances of the Solatium Fund (existing fund under the Law on Providing Compensation for Hit-and-Driver Accidents) or any other source prescribed by the Central Government.
     
  7. Online driver's license:
    The legislator provides for the online learner's license with mandatory online identity verification. The driving test is computerized to avoid fake driving licenses. This also brings transparency to the RTO offices. Instead of the previous three years, the trade licenses are now valid for up to five years. The application for renewal can be made one year before or after the license expires. Driving schools are opened to provide more efficient drivers.
     
  8. Vehicle Registration Process:
    In order to improve the registration process for new vehicles, registration at the dealership end has also been made possible, and restrictions have been imposed on temporary registration. In order to harmonies the registration and licensing process, it is proposed to set up a national driver's license register and a national vehicle registration register via the Vahan and Sarathi platforms. This will facilitate consistency of the process across the country.
     
  9. Driver Training:
    The driver training process has also been strengthened, which has made it possible to speed up the issuance of transport licenses. This will help reduce the shortage of commercial drivers in the country. More and more driving schools and vehicle preparation centers are being opened. In order to enable transport solutions for Divyang, the bottlenecks have been removed in respect of grant of driving licenses as well as alterations in the vehicles to make it fit for their use.
     
  10. Taxi aggregators:
    The bill defines aggregators as digital intermediaries or marketplaces which can be used by passengers to connect with a driver for transportation purposes (taxi services). These aggregators will be issued license by state further, they must comply with the Information Technology Act, 2000

Loopholes In Motor Vehicle Act 2019

Out of the various amendments proposed withinside the Act, the multiplied consequences had been applied in lots of states from September 1,2019; on the identical time, many states have determined to "dilute" the counselled growth in penalties. concerns have been raised regarding dilution of power of state in terms of granting license and other work. Bill is lacking the hyperlink in phrases of whether the centre or state will undergo the fee of digital tracking of roads and highways to enhance protection and enhancing the street layout via engineering layout corrections.

India continues to lose about 150,000 lives on its roads each year despite committing to a 50% reduction in road accidents and fatalities by 2020, as per the WHO Sustainable Development Goals. More than half of accident victims are young and in their most productive years. Congestion in major cities is a common feature and causes undue stress for drivers and commuters, with approximately 36% of road deaths occurring on national roads.

Mofussil India, were two-wheelers, trucks, tractors, jeeps, and bicycles traverse the countryside carelessly, is unaffected by traffic laws. Given the situation, the law change was expected to have a sobering effect on misguided drivers and nightmarish subway traffic. and a calming effect on the streets. But states have come up with their usual catchphrase on behalf of the poor and want to lower penalties, knowing that doing so will defeat the purpose of the law and endanger lives.

Major decisions made with the vote bank in mind will have adverse repercussions. It will reignite the old debate about whether our democracy is all about handing out handouts to the public. The question remains unanswered. Can the tough law alone put an end to the deaths on Highway!

Heavier penalties may contribute to fear of traffic rules, but may not solve the problem of traffic accidents. On the contrary, it is possible that it reduces the amount of use. Several critical issues need to be addressed to make Indian roads less accident-prone. First, the application of the new law is generally only relevant for metropolitan areas.

There are 50 cities out of more than a million in India that must enforce the law with the help of the Traffic Police, Municipalities, and the Public Works Department (PWD). The latest 2018 Department of Transportation report shows that in 2017 these cities had more than 82,000 accidents with nearly 16,000 fatalities.

To reduce these numbers requires a systemic set. The ratio between population and traffic police officers is too low; Municipalities have neither the resources nor the knowledge for traffic management; and engineering and PWD are constantly underfunded to fix the roads. Without improved infrastructure and larger gauges, there is little scope for traffic regulation. The lack of political will to eliminate sidewalk encroachments and big street bazaars and improve bad road conditions hardly creates a favourable environment for imposing heavy fines on offending drivers.

The citizen services provided are also underused. Subways and footbridges built for commuters are not used because people stubbornly cling to old practices and risk their lives when crossing streets. Worse, traffic lights encourage pedestrians to cross high-traffic areas, rather than authorities making subways and footbridges mandatory. The incidence of casualties can be reduced if police begin issuing tickets for jaywalking.

Safety campaigns should be designed to instil discipline and order in citizens to reduce road fatalities. In these cities, a large injection of funds is required to install and repair traffic lights, proper signage, crosswalks, and road repairs, create parking lots, increase traffic police forces and their equipment before campaign control can even begin successfully. Second, national highways remain areas of concern, accounting for 30% of the accidents and 36% of fatalities.

Fatal traffic accidents are common on freeways due to faulty design or construction errors such as narrow service lanes, poorly planned hard shoulders, poor road design, sharp turns, and faulty signage. Conditions such as poor lighting, unattended construction, slippery surfaces, front light reflection, and road congestion and invasion also cause breakdowns.

A large part of India's freight is transported on these roads; However, many of them are not designed to withstand the weight and pressure of heavy vehicles. Damaged roads are common due to poor geometry, insufficient pavement thickness, poor quality construction materials and poor-quality control. Broken roads erode easily after monsoon rains, leaving huge potholes that claim lives every year.

Physical factors such as fatigue and drowsiness while driving contribute to risk, as highway drivers tend to work long hours without adequate rest. In these high-speed corridors, where vehicles cannot be routinely inspected and penalties are imposed, another mode of inspecting must be planned. Traffic patrols on well-equipped highways must conduct spot checks for alcohol abuse, speeding, registration documents, fog lights and even the condition of vehicles.

Specially designed ambulances must be available on call in the designated hospitals for the various sections of the route. Any national highway in India without livestock fences on either side will remain unsafe, and the additional cost of constructing them must be factored into construction costs. Some roads, like the, the vulnerable Fauna Expressway, need more traffic interception devices to control speeding, recklessness, and drunk driving.

The National Highways Authority of India needs to invest more in these areas and reduce tree planting, which reduces road width and threatens the smooth flow of traffic along the roads. Thirdly, the new Motor Vehicles (Amendment) Act 2019 will have no impact on rural India unless a new driver education, engineering and enforcement system is developed.

It is the fossil India, where vehicles smash into crowds from all directions regardless of traffic laws, motorcyclists having blissful rides with their passengers without helmets, overloaded, roadless vehicles driving unrestrained, and the truckers managing to haul liquor by the zip sneaking along the highways at breakneck speed. Traffic cops are still unfortunate observers.

No wonder, rural India accounts for 58% of accidents and 65% of road deaths. The Gram Pantheists and the Vila Chamber ads must unite to make traffic regulation in rural areas a success. Currently, most road safety campaigns are limited to cities. Roads that cut through rural areas, however, are more likely to cause fatal accidents.

Rural India has seen exponential growth in the number and variety of vehicles: two-wheelers, tractors, trucks, jeeps and more. The potholed streets, invaded on both sides and full of pedestrians and cyclists, leave little room for the drivers of the vehicles that pass through the suburban communities.

In these sections, safety is paramount. Imposing high fines makes no sense if there is hardly any infrastructure. In rural India, the critical areas to examine are: driving without a helmet; trucks, motorcycles, bicycles, and tractors without rear lights; reckless construction of speed breakers; and Dramas, advancing on highways or state roads. Fourth, laws are only more effective when the public understands the reasons and benefits behind them.

Along with the implementation of the Motor Vehicles (Amendment) Law, 2019, sustained efforts must be made to raise awareness of road safety measures to improve behavioural factors that lead to accidents. Traffic safety education should be made accessible to a broad cross-section of society. It should start in schools, and driving lessons should be an optional class in colleges. Innovative topics are in demand.

For example, this year on Janmashtami, "Rider Krishna", a unique avatar of Krishna, was designed to raise public awareness of road safety regulations. Of the law. In the capital, 72,000 traffic cops look after an astounding 7.5 million registered vehicles. Large investments are required to increase the workforce across the country. Furthermore, the police, the law's primary enforcer, are not even involved in the design, construction or lighting of roads or parking lots.

There is a total lack of coordination between the police and the municipality or PCD regarding road construction. And finally, it is the uniform implementation of the law in all areas that will produce desirable results. If so-called VIPs intimidate the police to avoid fines and drivers bribe the police to avoid heavy fines, the intended benefits of the law would be lost entirely.

The nation cannot afford to lose innocent lives on the streets. It is time to bite the bullet and stick with the application: save lives at all costs, even at the expense of populism. The reduction target for loss of life from road traffic accidents can only be achieved if the Chief ministers of different states are motivated by the intention to achieve it.

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