Road safety legislation

 ROAD SAFETY LEGISLATION

• The existing Motor Vehicles Act, 1988, an imperial legislation, proved to be inadequate in addressing the systemic challenges plaguing the road transport sector and has failed to ensure road safety for the people of India. Hence, the Supreme Court of India in August 2013 called the problem of road crashes in India a National Emergency.
• Road traffic in India currently operates within the legal framework established in the Motor Vehicles Act, 1988.  
• The sudden demise of Mr. Gopinath Munde, Union Minister for Rural Development, in a road crash in New Delhi on June 3, 2014 prompted the then newly elected government into promising new legislation with strong provisions for road safety, which would repeal the inadequate law currently in existence. 
• Following a major campaign led by SaveLIFE Foundation (SLF) including written appeals from Members of Parliament to the Prime Minister, Shri Narendra Modi, the Government of India introduced the Motor Vehicles (Amendment) Bill 2016 in the Parliament on August 9, 2016, to address the issue of road safety in India.
• The SLF's ten point policy solution focuses on:
1. Vulnerable Road Users (VRUs) and Non Motorised Transport (NMT)
2. Protection of children during commute
3. Robust and Scientific Accident Investigation and Data Management
4. Stringent punishment for faulty road design and engineering
5. Transparent, centralised and efficient driver licensing system
6. Mandatory driver training
7. Strict regulation of Heavy Motor Vehicles
8. Stringent punishment for drunk-driving and overspeeding
9. Stringent punishment for violation of helmet and seat-belt laws
10. National Lead Agency

The following are the difference between the old motor vehicle act (1988) and the latest motor vehicle act (2019):

NB: Old act refers to Motor Vehicle Act, 1988 and New act refers to Motor Vehicles (Amendment) Bill, 2019

1. While the old act had no provision for the safety of pedestrians and non-motorised road users, the new act gives power to state governments to regulate the activities of pedestrians and non-motorised road users in a public place.
2. While the old act did not have any provision to protect children during the commute, the new act makes it mandatory for every child to be secured by a safety belt or a child-restraint system. The new law also makes the accompanying adult accountable by imposing a penalty of Rs. 1000.
3. The amendment bill of 2019 requires every child above the age of 4 years to wear a helmet when being carried on a motorcycle
4. While the old act had no provision to recall vehicles that were old, unsafe or harmful to the environment. the new bill empowers the central government to recall vehicles that do not meet standards.
5. The new act allows for establishment of testing agencies for issuing certificates of approval

• Under the old act, a person may have multiple licenses from different states and is exempt from the test if he/she possess the driving certificate issued by any institution recognised by the state government
• The renewal of transport licenses has been increased to five years from three years.
• The renewal of transport licenses has been increased to five years from three years.
•  The renewal of transport licenses for hazardous goods has been increased to three years from one year