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Motor Vehicles

 

Team LawDocs

The Motor Vehicle Act, 1988 and for the purpose it was enacted

The M.V. Act, 1988 was enact with a view to consolidate and amend the law related to motor vehicle and transportation in India. Our country is facing and increasing Burdon of Road Traffic and traffic injuries because of Rapid motorization. Therefore, in order to improve road safety and transport system it was necessary to amend the Act so the motor vehicle bill 2019 was brought making India pollution free and accident free driving destination which was the core essence of the amendment of M.V. Act.  

Aims of amendments to M.V. Act, 1988

Rapid growth of motorization and road fatalities and injury was in immergence at its highest in today’s time, there were new recommendations in the form of grievances or suggestions receive from various stakeholders by the Central Government citing cases of road accidents delay in issue of driving licenses, disregard for traffic rules and regulation etc.

In order to improve road safety and transport system in India the amendment made to address few topics related to road safety, citizen facilitation, strengthening of public transport, automation and computerization, efficient rural transport, and last minute connectivity to major, urban points and other enabling transportation services. The objective of the amendment of the M.V. Act is to provide an efficient, corruption free transportation system in the country. Amendment provides for the following columns:-

  1. To facilitate grant of online learning license.
  2. To replace the provision of motor insurance with simplified provisions in order to help expeditiously to the accident victims and their families.
  3. Increase the time limit of renewal of driving license from one month to one year before and after the expiry date.
  4. To increase the period of renewal of transport license from 3 to 5 years.
  5. Enable the licensing authorities to grant license even to differently able persons.
  6. To increase the fines and penalties for violation of the provisions of the act.
  7. To make a provision for protection for good Samaritans.

The provision for drink and drive in M.V. Act

Urbanization and excessive amount of alcohol consumption has lead to more instances of drunk and drive cases in India. It is a criminal offence under the Act to drive after consuming alcohol and there are penal provisions for drunk and drive in India but still inspite of all these arrangements there is growing number of accident cause because of excessive alcohol consumption by one of the drivers.

The drunk and drive alcohol limit in India is stipulate in the act, any person who in his or her blood has alcohol exceeding 30 MG per hundred ML of blood detected in a test by a breath analyzer is said to be driving under the influence of alcohol. Same also applies to any person who is under the influence of any sought of drugs or prohibit narcotics substances. To such an extent as to be incapable of exercising proper control during the driving.

Punishment for drunk and drive is mention under section 185 of the M.V. Act making driving under the influence of alcohol a criminal offence. The person with such a condition is punishable for the first offence with imprisonment for a term of 6 months or with fine or both which may extent to Rs. 2000/- second or subsequent offence if commit within 3 years of time similar nature is punishable with two years of imprisonment or with fine of Rs. 3000/- or both.

PUC and its applicability as per M.V. Act

PUC is an abbreviation of “pollution under control”. It is a certificate that is gives to vehicle after having clear a PUC test. The certificate itself prescribed that the emission passed from the vehicle is under the prescribed limit of pollution control standards under the central motor vehicle rule, 1989. A PUC certificate is a mandatory document require for vehicle.

The PUC certificate must mention:-

  1. The certificate Serial number
  2. The vehicle license plate number
  3. The date of testing of emission
  4. The expiry date of certificate
  5. The readings of emission by the vehicle.

The emission from the vehicle emits smoke which has potential to pollute the environment and to harm the public health if left uncheck. As such, there must be a norm to check the vehicles carbon emission. The rules for undergoing specific PUC test and obtaining PUC certificates mandated by the central motor vehicle rule. When a vehicle is purchase a PUC certificate is issue with that vehicle which is valid for 1 year. After that a new PUC test is require, this test is made compulsory by the law to reduce the carbon footprint in the environment and

also to save the general public for any hazardous effects. 

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