Complete guide on the motor vehicle act 2019

Children of the 21st century are far more intellectual and technologically advanced than they were ever before. They are on par with adults when it comes to using technology or learning new skills. And while their quick grasping and sense of responsibility might be a good thing for a lot of stuff, driving isn’t one of them.

Traffic in Delhi is now a common sight owing to the huge number of vehicles running on the road. However, just like any other sphere, law plays an important part in managing the traffic of vehicles in Delhi and also preventing road accidents as well as illegal driving. The Motor Vehicle Act establishes traffic laws in India to make the system less chaotic and to punish offenders and maintain law and order.

It is no surprise that a majority of illegal drivers and offenders are minors. In fact, as per the data from the Ministry of Road Transport and Highways, 10,622 persons under the age of 18 lost their lives to road crashes in India, accounting for 29 deaths on average every day.

What the law earlier said

Section 5 read with Section 180 of the Motor Vehicles Act earlier allowed the police and authorities to penalize vehicle owners who allowing unauthorized persons to drive their vehicles.

As per the sections vehicle owners that allow unauthorized usage shall be punishable with imprisonment for a term which may extend to three months, or with fine extending to one thousand rupees or with both.

This means that a three-month term and a fine was the only penalty sanctioned under the law to punish minor offenders who cause road accidents and motor offences.

The Motor Vehicle Amendment Act

In order to incorporate stringent provisions in the Motor Vehicle Act and to curb children from using vehicles, The Motor Vehicles Amendment Act 2019 was enacted on 9th August 2019

As per the newly inserted Section 199A, whenever a motor vehicle offence will be committed by a juvenile (Minor), the parent or guardian of such minor or the owner of the motor vehicle shall be deemed to be guilty of the offence and of the contravention following which shall be liable to be proceeded against and punished accordingly.

The explanation in the Section states that the Court shall presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle.

To further ensure strictness, the registration of the motor vehicle involved in an offence committed by a minor shall also be cancelled for a period of twelve months.

The guardian or owner of such vehicle shall also be liable to a punishment of imprisonment for a maximum of 3 years and a fine of 25 thousand rupees. The minor so involved shall be tried as per provisions of the Juvenile Justice Act.

In order to ensure reform and to make sure that the act sets an example for delinquent minors, the minor who commits an offence under the act will not be eligible to get a driving license or learner’s license until the age of twenty-five years.

Thus the next time you hand over your vehicles to your children, remember that driving is not a child’s play.

LawTendo has around 15000+ lawyers across India in our platform. LawTendo strives to facilitate cost-efficient and quality legal service to our clients. You can contact us at +91-9671633666 or [email protected].