Introduction
Traffic violations have increased over time and have led to many road accidents causing death and serious injuries. To improve road safety and ensure stricter enforcement of traffic rules, Parliament introduced major changes through the Motor Vehicles (Amendment) Act, 2019.
The amendment made significant changes to Chapter XIII of the Motor Vehicles Act, introducing new offences and increasing penalties for existing offences.
Meaning / Definition
Offences and penalties under the Motor Vehicles Act refer to violations of traffic rules and safety requirements while using motor vehicles. The Act prescribes punishments such as fines, imprisonment, suspension of licence, or a combination of these penalties for persons who violate these rules.
These provisions aim to ensure road discipline, public safety, and responsible use of vehicles.
Modes or Types
Travelling Without Ticket or Pass
Under Section 178, travelling in a stage carriage (public transport vehicle) without a valid ticket or pass, or refusing to show the ticket when asked, is punishable with a fine up to ₹500.
Allowing Unauthorised Persons to Drive
Under Section 180, if the owner or person in charge of a vehicle allows a person without a driving licence or below 18 years of age to drive the vehicle, the owner may be punished with:
- imprisonment up to 3 months, or
- fine up to ₹5,000, or
- both.
Driving Without Licence
Under Section 181, driving a motor vehicle without a valid licence or driving by a minor (person below 18 years) is punishable with:
- imprisonment up to 3 months, or
- fine up to ₹5,000, or
- both.
Driving After Disqualification
Under Section 182, a person who is disqualified from holding a driving licence but still drives a vehicle, or obtains a licence without revealing earlier disqualification, may be punished with:
- imprisonment up to 3 months, or
- fine up to ₹10,000, or
- both.
Any licence obtained in such a manner will be invalid (not legally valid).
Driving at Excessive Speed
Under Section 183, driving above the prescribed speed limits is punishable with fines.
- For Light Motor Vehicles (LMV): ₹1,000 to ₹2,000
- For other vehicles: ₹2,000 to ₹4,000
Repeated offences may lead to impounding (temporary seizure) of the driving licence.
Dangerous Driving
Under Section 184, driving in a manner dangerous to the public is punishable with:
- imprisonment from 6 months to 1 year, or
- fine from ₹1,000 to ₹5,000, or
- both.
If the offence is repeated within three years, punishment may extend to 2 years imprisonment or fine up to ₹10,000 or both.
Examples of dangerous driving include:
- jumping a red signal
- ignoring stop signs
- using handheld mobile devices while driving
- overtaking in an unlawful manner
- driving against the direction of traffic.
Driving Under the Influence of Alcohol or Drugs
Under Section 185, driving with alcohol exceeding 30 mg per 100 ml of blood, or driving under the influence of drugs that affect control over the vehicle, is punishable with:
First offence:
- imprisonment up to 6 months, or
- fine up to ₹10,000, or
- both.
Second offence:
- imprisonment up to 2 years, or
- fine up to ₹15,000, or
- both.
Breath Test and Laboratory Test
Under Section 203, a police officer may require a driver to provide a breath sample if there is suspicion of drunken driving.
If the driver refuses to provide the breath sample, the officer may arrest the driver without a warrant.
Under Section 204, a blood test may be conducted by a registered medical practitioner for laboratory examination.
Driving When Physically or Mentally Unfit
Under Section 186, driving while suffering from a disease or disability that may endanger the public is punishable with:
- fine up to ₹1,000 for first offence
- fine up to ₹2,000 for repeated offence.
Racing and Speed Trials
Under Section 189, conducting or participating in racing or speed trials on public roads without government permission is punishable with:
First offence:
- imprisonment up to 3 months, or
- fine up to ₹5,000, or
- both.
Second offence:
- imprisonment up to 1 year, or
- fine up to ₹10,000, or
- both.
Using Vehicle in Unsafe Condition
Under Section 190, driving a vehicle with defects that make it unsafe for road use may lead to:
- fine up to ₹1,500.
If the defect causes an accident resulting in injury or property damage, punishment may include:
- imprisonment up to 3 months, or
- fine up to ₹5,000, or
- both.
Using Vehicle Without Registration
Under Section 192, driving or allowing the use of an unregistered vehicle is punishable with:
First offence:
- fine between ₹2,000 and ₹5,000.
Second offence:
- imprisonment up to 1 year, or
- fine up to ₹10,000, or
- both.
Failure to Use Seat Belt
Under Section 194-B, driving without wearing a seat belt, or carrying passengers not wearing seat belts, is punishable with a fine of ₹1,000.
For children below 14 years, use of a child restraint system or seat belt is mandatory.
Carrying More Than One Pillion Rider
Under Section 194-C, carrying more than one pillion rider on a motorcycle is punishable with:
- fine of ₹1,000, and
- suspension of driving licence for 3 months.
Not Wearing Helmet
Under Section 194-D, driving a motorcycle without wearing a helmet attracts:
- fine of ₹1,000, and
- suspension of driving licence for 3 months.
Not Giving Way to Emergency Vehicles
Under Section 194-E, not allowing free passage to ambulances, fire brigade vehicles, or other emergency vehicles is punishable with:
- imprisonment up to 6 months, or
- fine up to ₹10,000, or
- both.
Driving an Uninsured Vehicle
Under Section 196, driving a vehicle without valid insurance is punishable with:
First offence:
- imprisonment up to 3 months, or
- fine up to ₹2,000, or
- both.
Second offence:
- fine up to ₹4,000, or
- imprisonment up to 3 months, or
- both.
Taking Vehicle Without Owner’s Consent
Under Section 197, taking and driving a motor vehicle without the owner’s permission is punishable with:
- imprisonment up to 3 months, or
- fine up to ₹5,000, or
- both.
Causing Obstruction to Traffic
Under Section 201, keeping a vehicle in a public place in a way that blocks traffic may lead to a penalty up to ₹500 per hour until the obstruction is removed.
Offences by Juveniles
Under Section 199-A, if a juvenile commits a motor vehicle offence, the guardian or owner of the vehicle is considered responsible.
The guardian or owner may face:
- imprisonment up to 3 years, and
- fine up to ₹25,000.
Residuary Offence
Under Section 177, if any provision of the Motor Vehicles Act or its rules is violated and no specific punishment is provided, the person may be punished with:
- fine up to ₹500 for first offence
- fine up to ₹1,500 for subsequent offences.
Practical Example
Suppose a person drives a motorcycle without wearing a helmet and also uses a mobile phone while driving. The driver may be punished under Section 194-D for not wearing a helmet and Section 184 for dangerous driving, and may be required to pay fines and face suspension of licence.
Summary
- The Motor Vehicles (Amendment) Act, 2019 introduced stricter offences and penalties.
- Traffic violations may lead to fines, imprisonment, or suspension of licence.
- Important offences include dangerous driving, drunken driving, over-speeding, and driving without licence.
- Safety rules such as wearing seat belts and helmets are strictly enforced.
- Driving an unregistered or uninsured vehicle is punishable.
- Juvenile offences make the guardian or vehicle owner liable.
- These provisions aim to improve road safety and reduce accidents.