Increase in the penalty in the proposed Road Transport & Safety Bill
This Ministry of Road Transport & Highways has proposed a draft Road Transport & Safety Bill which after wide public consultation has been circulated to the concerned Ministries for their comments before bringing it to the Cabinet. The Bill has included several reforms, including a major focus on the safety on roads and increase in the penalties for various offences. Based on the inputs received from the general public as well as other stakeholders, the penalties proposed in the first draft were rationalized. Even so, the penalties now proposed in the fourth draft reflect a substantial increase in the quantum of penalties, as indicated in the comparative table attached.
The quantum of punishment is way above that provided in the present Motor Vehicle Act, 1988.The penalties are not only in form of graded pecuniary fines but also imprisonment, naming and shaming, community service etc. The quantum of penalties proposed will be higher for the repeat offences. There would be demerit points for the offences leading to suspension of the license. The Ministry proposes that the schedule stating the quantum of punishment may be changed on analysis of the data related to reasons of offences.
Section under which offence is
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Existing fines
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Existing fines As per MV Act,
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Proposed fine as per RTS
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Proposed fine as per
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(1) |
(2) |
(3) |
(6) |
(7) |
177 General provision of punishment of offences |
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First offence |
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Upto Rs. 100/- |
Rs. 2500 |
Same |
Subsequent offence |
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Upto Rs. 300/- |
Rs. 5000 |
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180 Allowing un-authorised persons to
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Upto 3 months imprisonment or fine upto Rs. 1000/- or with both |
2, 3-wheelers Rs.1000 fine and/or Imprisonment for 1 month |
MMV and HMV Rs. 5000 and/or Imprisonment for 2 months. |
181. Driving vehicles in contravention of section 3 or section 4 |
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Upto 3 months imprisonment or fine upto Rs. 500/- or with both |
2, 3-wheelers 1st offence – Rs.1000 fine and/or Imprisonment for 1 monthRepeat –Rs. 2500 and/ or 2 months imprisonment. Also community service of 15 hours. |
MMV and HMV1st Offence – Rs. 5000 and/or Imprisonment for 2 months.Repeat –Rs. 15000 and/ or 2 months’ imprisonment. Also community service of 15 hours. |
183 (1) Driving at excessive speed |
First offenceUpto Rs. 400/-SubsequentUpto Rs. 1000/- |
Motor Cycles and 2- wheelersNames of all offenders shall be published in newspapers· Speeding by more than 5 kmph but less than9 kmph- Fine of Rs. 1000· Speeding by more than 9 kmph but less than 19 kmph- Fine of Rs. 1500· Speeding by more than 19 kmph- Fine of Rs. 2000 and/or impounding of the vehicle for a month and/or suspension of license for a month and/ or Refresher TrainingSubsequent – Fine of Rs. 3,000 and/or impounding of the vehicle for 3 months and/or suspension of license for 3 months and/ or Refresher Training |
MMV and HMVNames of all offenders shall be published in newspapers· Speeding by more than 5 kmph but less than 9 kmph- Fine of Rs. 1000· Speeding by more than 9 kmph but less than 19 kmph- Fine of Rs. 1500· Speeding by more than 19 kmph- Fine of Rs. 2000 and/or impounding of the vehicle for 1 month and/or cancellation of licence for one year; Suspension of permit for six months and/ or Refresher TrainingSubsequent – Fine of Rs. 5,000 and/or impounding of the vehicle for 3 months and/or license suspension for 3 months and/or refresher training |
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183 (2) To make an employee to drive at excessive speed |
First offenceUpto Rs. 300/-SubsequentUpto Rs. 500/- |
2-wheeler and 3-wheelerPunishment same as above but duration of impounding of vehicle shall be twice as long |
HMV and MMVPunishment same as above but duration of impounding of vehicle shall be twice as long |
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183 AFirst offenceSubsequent offence |
New Provision |
1st OffenceRs. 5002nd OffenceRs. 1,000 and 1 month licence suspensionSubsequent Offence –Rs. 1,500 and 1 month licence suspension and Refresher Training |
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184. Driving dangerouslyFirst offenceSubsequent offence |
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Upto 6 months imprisonment or fine upto Rs. 1000/-Upto 2 years imprisonment or fine upto Rs. 2000/- or both |
Dangerous Lane ChangingDangerous passing or overtaking1st Offence – Rs. 2500 and/or 15 hours community service and/or three days imprisonmentSubsequent – Rs. 5000 and/or 30 hours community service and/or 1 week imprisonment and/or refresher training |
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185. Drunken Driving or driving under influence of narcotic substance |
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General Drivers |
Drivers of HMVs, Educational Institution Buses, Vehicles carrying Hazardous Goods etc. |
A) Drunken drivingFirst offenceSubsequent offence (within 3 years) |
Detects presence ofalcohol in blood exceeding 30mg. in 100 ml.Upto 6 monthsimprisonment or fine upto Rs. 2000/- or with bothUpto 2 yearsimprisonment or fine upto Rs. 3000/- or with both |
(Same punishmentlevied on all BAC > 20.0 mg of alcohol per 100 ml of blood)1st Offence – Rs. 5000 and/or 50 hours community service and/or 6 months licence suspension.Subsequent –Rs. 10,000+ Suspension of Licence for one year |
(Same punishment levied on all BAC > 20.0mg of alcohol per 100ml of blood)1st Offence – Rs. 10,000 and/or 6 months licence suspensionSubsequent –Rs. 20,000+ 1-6 months imprisonment + 1 year licence suspension |
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B) Driving under influence of narcotic substance:First offenceB) Subsequent offence |
Upto 6 months imprisonment or fine upto Rs. 2000/- or with bothSubsequentUpto 2 years imprisonment or fine upto Rs. 3000/- or with both |
1st Offence – Rs. 10,000 and/or 6 months licence suspensionSubsequent – Rs. 20,000 and/or 6-12 months imprisonment and/or 30 days impounding, 12 months licence suspension |
Fines for LMVs, MMVs and HMVs are the same |
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186. Driving when mentally or physically unfit:First offence Subsequent offence |
Upto Rs. 200/- Upto Rs. 500/- |
Rs. 5,000(No provision for subsequent offence) |
Same(No provision for subsequent offence) |
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192. Using vehicle without registration
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Rs. 2,000/-Subsequent Rs. 5,000/- or imprisonment upto one year or both |
Upto Rs. 5,000/-SubsequentRs. 10,000/- or imprisonment upto one year or both |
2, 3-wheeler1st Offence – Rs. 1,500 and 1 month impoundingSubsequent– Rs. 3,000 and 2 months impounding |
MMV and HMV1st Offence – Rs. 5,000 and 2 months impoundingSubsequent – Rs. 10,000 and 4 month impounding |
192A. Using vehicle without permitFirst offenceSubsequent offence |
Rs. 2,000/-Subsequent-Rs. 5,000/- or imprisonment of not less than three months or both |
Rs. 5,000/-SubsequentRs. 10,000/- or imprisonment upto one year or both |
2, 3-wheeler1st Offence – Rs. 1,500Subsequent – Rs. 3,000 and 1 months impounding |
MMV and HMV1st Offence – Rs. 5,000Subsequent – Rs. 10,000 and 1 month impounding |
198. Unauthorized interference with vehicle (* In case the tampering involves emission control device fitted by the manufacturer.) |
Upto Rs. 100/- |
1st Offence — Rs. 5,000 and/or 3 monthsimprisonmentSubsequent – Rs. 10,000and 3 months imprisonment |
Same |
Note:
1. The draft Road Transport and Safety Bill, in addition to fines and imprisonment used by the MV Act, 1988, also use other mechanism of enforcement such as –
a. Community Service
b. Impounding (or immobilization) of Vehicles for a specified period
c. Suspension or cancellation of licences
d. Compulsory refresher training
e. Award of penalty points, accumulation of which above a certain limit in a specified time period leads to loss of driving privileges or impounding or immobilisation of the vehicle
2. The penalties are provided in Schedules II, III and V. Section 334, read with Section 14 of the draft RTS Bill delegates to the National Authority to amend these schedules and hence the penalties for each offence.
3. Section 337 of the draft RTS Bill also confer authority on the Central Government to amend the schedules through a notification from time to time.
4. Thus the penalties specified in the draft Bill can be amended from time to time by the Central Government or the National Authority to ensure that they have a punitive as well as deterrent effect.
The existing Motor Vehicles Act is sufficient to handle the traffic offenders if certain modification have been made in proper time as suggested by the different law commissions.The proposed new bill is nothing but a copy of certain foreign laws.Certain provisions are against the rule of law and natural justice.It may be noted that increasing fine is of no use but its implementation is the major objective.And Mr Jagbir sing in totally wrong,india has a better traffic code but none of the citizens are ready to observe the rules,first required change is change in attitude of road users
These are for drivers of vehicles. But how about imposing fines for bad roads to corporations / NHAI? How about fines man-holes and other pits left uncovered on the roads? How about fines for illegal / unlicensed tea shops/ snacks centres / hawkers on the roads? How about fines for those who spit / leave their pets’ pooh on the raods? How about roads without pavements for the pedestrians ? How about the fines for officers whose duty it is to prevent such things?
great step towards traffic discipline ,in Indian no traffic rule sir it is great request first we should train to traffic police how to handle his rule without corruption, some evidence must be established to handle such menace.