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
punishable
Existing fines
As per MV Act, 1988
(Minimum)
Existing fines As per MV Act,
1988
(Maximum)
Proposed fine as per RTS
Bill 2015
(Minimum)
Proposed fine as per
RTS Bill 2015(Maximum)
(1)
(2)
(3)
(6)
(7)
177 General provision of punishment of offences
 
First offence
 
Upto Rs. 100/-
Rs. 2500
Same
Subsequent offence
 
Upto Rs. 300/-
Rs. 5000
180 Allowing un-authorised persons to
drive vehicles
 
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
 
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 month
Repeat
Rs. 2500 and/ or 2 months imprisonment. Also community service of 15 hours.
MMV and HMV
1st 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 offence
Upto Rs. 400/-
Subsequent
Upto Rs. 1000/-
Motor Cycles and 2- wheelers
Names 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 a month and/or suspension of license for a month and/ or Refresher Training
Subsequent – 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 HMV
Names 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 Training
Subsequent – 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
183 (2) To make an employee to drive at excessive speed
First offence
Upto Rs. 300/-
Subsequent
Upto Rs. 500/-
2-wheeler and 3-wheeler
Punishment same as above but duration of impounding of vehicle shall be twice as long
HMV and MMV
Punishment same as above but duration of impounding of vehicle shall be twice as long
183 A
 
First offence
Subsequent offence
New Provision
1st Offence
Rs. 500
2nd Offence
Rs. 1,000 and 1 month licence suspension
Subsequent Offence –
Rs. 1,500 and 1 month licence suspension and Refresher Training
184. Driving dangerously
First offence
Subsequent offence
 
Upto 6 months imprisonment or fine upto Rs. 1000/-
Upto 2 years imprisonment or fine upto Rs. 2000/- or both
Dangerous Lane Changing
Dangerous passing or overtaking
1st Offence – Rs. 2500 and/or 15 hours community service and/or three days imprisonment
Subsequent – Rs. 5000 and/or 30 hours community service and/or 1 week imprisonment and/or refresher training
 
185. Drunken Driving or driving under influence of narcotic substance
 
 
General Drivers
Drivers of HMVs, Educational Institution Buses, Vehicles carrying Hazardous Goods etc.
A) Drunken driving
First offence
Subsequent offence (within 3 years)
Detects presence of
alcohol in blood exceeding 30mg. in 100 ml.
Upto 6 months
imprisonment or fine upto Rs. 2000/- or with both
Upto 2 years
imprisonment or fine upto Rs. 3000/- or with both
(Same punishment
levied 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 > 20.0
mg of alcohol per 100
ml of blood)
1st Offence – Rs. 10,000 and/or 6 months licence suspension
Subsequent –Rs. 20,000+ 1-6 months imprisonment + 1 year licence suspension
B) Driving under influence of narcotic substance:
 
First offence
B) Subsequent offence
Upto 6 months imprisonment or fine upto Rs. 2000/- or with both
Subsequent
Upto 2 years imprisonment or fine upto Rs. 3000/- or with both
1st Offence – Rs. 10,000 and/or 6 months licence suspension
Subsequent – 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
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)
192. Using vehicle without registration
First offenceSubsequent offence
Rs. 2,000/-
Subsequent Rs. 5,000/- or imprisonment upto one year or both
Upto Rs. 5,000/-
Subsequent
Rs. 10,000/- or imprisonment upto one year or both
2, 3-wheeler
1st Offence – Rs. 1,500 and 1 month impounding
Subsequent– Rs. 3,000 and 2 months impounding
MMV and HMV
1st Offence – Rs. 5,000 and 2 months impounding
Subsequent – Rs. 10,000 and 4 month impounding
192A. Using vehicle without permit
First offence
Subsequent offence
Rs. 2,000/-
Subsequent-Rs. 5,000/- or imprisonment of not less than three months or both
Rs. 5,000/-
Subsequent
Rs. 10,000/- or imprisonment upto one year or both
2, 3-wheeler
1st Offence – Rs. 1,500
Subsequent – Rs. 3,000 and 1 months impounding
MMV and HMV
1st Offence – Rs. 5,000
Subsequent – 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 months
imprisonmentSubsequent – Rs. 10,000
and 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.

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0 responses to “Proposed penalty and Jail Terms for Traffic Rule Violation under RTS Bill 2015”

  1. shabeer says:

    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

  2. Ashok S. Bhat says:

    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?

  3. advocate jasbir singh says:

    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.

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