Motor vehicle laws - Advocate Harshika Pareek

Purpose: Regulates all aspects of road transport vehicles in India, including registration, permits, licensing, traffic regulations, insurance, and penalties for violations.
Authorities: Central and state governments are empowered to make rules regarding road safety, vehicle standards, and taxation.

Eligibility:
- Age: 16 years for non-geared vehicles below 50cc, and 18 years for geared vehicles.
- Driving tests: Applicants must pass a written and practical driving test.
Types of licenses: Learner’s license, Permanent driving license, Commercial driving license.
International License: India also issues International Driving Permits (IDP), which allow Indian drivers to drive in foreign countries.

Requirement: Every vehicle must be registered with the Regional Transport Office (RTO) in the state of residence.
Permanent and Temporary Registration: Temporary registration is given initially, followed by permanent registration.
Ownership Transfer: Transfer of ownership must be recorded at the RTO when selling the vehicle.
Fitness Certificate: Commercial vehicles require a periodic fitness certificate, which certifies the roadworthiness of the vehicle.

Speed Limits: Speed limits are set based on vehicle type and road conditions. Exceeding these limits can result in fines and suspension of driving privileges.
Traffic Signals and Signs: Drivers must obey all traffic signals, road markings, and signs.
Helmet and Seatbelt Laws: Helmets are mandatory for two-wheeler riders, and seat belts are compulsory for both front and rear-seat passengers in cars.
Drunken Driving: The permissible blood alcohol content (BAC) is 0.03% (30 mg of alcohol per 100 ml of blood). Exceeding this limit can lead to heavy fines, imprisonment, and suspension of the driving license.
Mobile Phone Usage: The use of mobile phones while driving is prohibited. Only hands-free devices are allowed.
Lane Discipline: Vehicles must follow lane discipline and use indicators while overtaking or changing lanes.

Penalties for traffic violations have been made stringent under the Motor Vehicles (Amendment) Act, 2019.
Common violations and penalties:
- Speeding: ₹1,000 – ₹2,000 fine for light motor vehicles; up to ₹5,000 for heavy vehicles.
- Driving without License: ₹5,000 fine.
- Drunk Driving: ₹10,000 fine and/or imprisonment up to 6 months.
- Not wearing a helmet: ₹1,000 fine and suspension of license for 3 months.
- Not wearing a seatbelt: ₹1,000 fine.
- Using mobile while driving: ₹1,000 – ₹5,000 fine.

Third-Party Insurance: Mandatory for all motor vehicles. It covers liability for damages or injuries caused to a third party.
Comprehensive Insurance: Optional, but covers both third-party liabilities and damages to the vehicle itself.
No-Fault Liability: In case of an accident, compensation is provided without the need to prove fault under certain circumstances.

Commercial Vehicle Permits: Required for transporting goods or passengers. Includes national and state permits depending on the area of operation.
All India Tourist Permit: Allows commercial vehicles to operate across state borders.
Contract and Stage Carriage Permits: Necessary for operating buses and taxis.

Pollution Under Control (PUC) Certificate: Every vehicle must undergo emission tests periodically and obtain a PUC certificate. Failure to comply can result in fines and impounding of the vehicle.
Emission Norms: Bharat Stage (BS) norms set emission standards. India moved to BS6 emission norms from April 2020, significantly reducing vehicular emissions.

The Motor Vehicles Act includes provisions for accident compensation. Victims of road accidents can claim compensation for injury, disability, or death through Motor Accident Claims Tribunals (MACT).
Hit and Run Scheme: Provides compensation in cases where the offender is not identified.

EV Policies: India is promoting the adoption of electric vehicles, with policies aimed at reducing reliance on fossil fuels and cutting down emissions.
Subsidies: Government offers subsidies on electric vehicles and infrastructure, like charging stations.
Registration and Taxation: EVs often enjoy lower registration fees and road taxes in many states.