Motor Vehicle Act 2019 One Liner PDF for GIPSA exams

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Motor Vehicle Act 2019 One Liner PDF:

The new clauses would come into effect from September 1, 2019

  1. adapted vehicle” means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person
  2. aggregator” means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation
  3. community service” means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;
  4. golden hour” means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care.
  5. in clause (24), for the words “invalid carriage”, the words “adapted vehicle” shall be substituted;
  6. Promotion of innovation: in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.
  7. “Provided further that a licencing authority may issue a learner’s licence in electronic form and such manner as may be prescribed by the Central Government.: Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.”
  8. if the applicant obtaining the licence, either originally or on renewal has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years.
  9. if the applicant obtaining the licence, either originally or on renewal has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal.
  10. if the applicant obtaining the licence, either originally or on renewal has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years.
  11. if the applicant obtaining the licence, either originally or on renewal has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal.
  12. Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority,

(a) for a first offence, for a period of three months;

(b) for a second or subsequent offence, with revocation of the driving licence of such person.

Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.

  1. “Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.
  2. The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government.
  3. The Central Government shall maintain a National Register of Driving Licences in such form and manner as may be prescribed.
  4. All State Registers of Driving Licences shall be subsumed under the National Register of Driving Licences by a date to be notified by the Central Government
  5. No driving licence issued, or renewed, under this Act shall be valid unless it has been issued a unique driving licence number under the National Register of Driving Licences.
  6. Insertion of new section 25A. National Register of Driving Licences.
  7. All State Governments and licensing authorities under this Act shall transmit all information including contained data in the State Register of Driving Licences in such form and manner as may be prescribed by the Central Government
  8. Substitution of new section for section 26. Maintenance of State Registers of Driving Licences.
  9. Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including––

(a) names and addresses of holders of driving licences;

(b) licence numbers;

(c) dates of issue or renewal of licences;

(d) dates of expiry of licences;

(e) classes and types of vehicles authorised to be driven; and

(f) such other particulars as the Central Government may prescribe

  1. in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.
  2. the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government

Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government

  1. a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time.
  2. Subject to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority.”
  3. If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction has been used in the commission of an offence punishable under section 199A, the authority may, after giving the owner an opportunity of making a representation in writing, cancel the certificate of registration of the vehicle for a period of one year: Provided that the owner of the motor vehicle may apply for fresh registration in accordance with the provisions of section 40 and section 41
  4. no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.
  5. The “authorised testing station” referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.
  6. All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government.
  7. No registering authority shall register any motor vehicle that contravenes any rule made under clause (a) of sub-section (1) of section 110.
  8. No prescribed authority or authorised testing station shall issue a certificate of fitness under section 56 to any motor vehicle that contravenes any rule made under section 110
  9. No certificate of registration issued, or renewed, under this Act shall be valid unless it has been issued a unique registration number under the National Register of Motor Vehicles.
  10. In order to maintain the National Register of Motor Vehicles, all State Governments and registering authorities under this Act shall transmit all information and data in the State Register of Motor Vehicles to the Central Government in such form and manner as may be prescribed by the Central Government.
  11. Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicles, in respect of the motor vehicles in that State, containing the particulars including—

(a) registration numbers;

(b) years of manufacture;

(c) classes and types;

(d) names and addresses of registered owners; and

(e) such other particulars as may be prescribed by the Central Government

  1. The Central Government may, by order, direct a manufacturer to recall motor vehicles of a particular type or its variants.
  2. a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and
  3. a defect in that particular type of motor vehicle has been reported to the Central Government by—

(i) such percentage of owners, as the Central Government, may by notification in the Official Gazette, specify; or

(ii) a testing agency; or

(iii) any other source.

  1. Where the defect referred to in sub-section (1) lies in a motor vehicle component, the Central Government may, by order, direct a manufacturer to recall all motor vehicles which contain such component, regardless of the type or variants of such motor vehicle.
  2. A manufacturer whose vehicles are recalled under sub-section (1) or sub-section (2), shall—

(a) reimburse the buyers for the full cost of the motor vehicle, subject to any hire-purchase or lease-hypothecation agreement; or

(b) replace the defective motor vehicle with another motor vehicle of similar or better specifications which complies with the standards specified under this Act or repair it; and

(c) pay such fines and other dues

  1. Where a manufacturer notices a defect in a motor vehicle manufactured by him, he shall inform the Central Government of the defect and initiate recall proceedings and in such case the manufacturer shall not be liable to pay fine.
  2. The Central Government may authorise any officer to conduct investigation under this section who shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavit; and

(d) any other matter as may be prescribed.

  1. The Central Government may make rules for regulating the recall of motor vehicles, of a particular type or its variants, for any defect which in the opinion of the Central Government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road users.
  2. No motor vehicle, including a trailer or semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or delivery or used in a public place in India unless a type-approval certificate referred to in sub-section (2) has been issued in respect of such vehicle: Provided that the Central Government may, by notification in the Official Gazette, extend the requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor vehicle:
  3. Provided further that such certificate shall not be required for vehicles which are—

(a) intended for export or display or demonstration or exhibition; or

(b) used by a manufacturer of motor vehicles or motor vehicle components or a research and development centre or a test by agency for testing and validation or for data collection, inside factory premises or in a non-public place; or

(c) exempted by the Central Government.

  1. The manufacturer or importer of motor vehicles including trailers, semi-trailers, modular hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported for test to a testing agency for obtaining a type-approval certificate by such agency.
  2. The Central Government shall make rules for the accreditation, registration and regulation of testing agencies.
  3. The testing agencies shall conduct tests on vehicles drawn from the production line of the manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this Chapter and the rules and regulations made thereunder.
  4. Where the motor vehicle having a type-approval certificate is recalled under section 110A, the testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and registration to be cancelled.
  5. Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government:
  6. Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban:
  7. Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle.
  8. Chapter X in the principal Act shall be omitted
  9. authorised insurer” means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India established under section 3 of the Insurance Regulatory and Development Authority Act, 1999 and any Government insurance fund authorised to do general insurance business under the General Insurance Business (Nationalisation) Act, 1972;
  10. certificate of insurance” means a certificate issued by an authorised insurer in pursuance of section 147 and includes a cover note complying with such requirements as may be prescribed, and where more than one certificate has been issued in connection with a policy, or where a copy of a certificate has been issued, all those certificates or that copy, as the case may be;
  11. grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code.
  12. hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose.
  13. policy of insurance” includes certificate of insurance;
  14. property” includes roads, bridges, culverts, causeways, trees, posts, milestones and baggage of passengers and goods carried in any motor vehicle;
  15. reciprocating country” means any such country as may on the basis of reciprocity be notified by the Central Government in the Official Gazette to be a reciprocating country for the purposes of this Act;
  16. third party” includes the Government, the driver and any other co-worker on a transport vehicle
  17. in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act, 1991.
  18. An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government.
  19. If, the claimant to whom the offer is made under sub-section (2),—

(a) accepts such offer,— (i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and (ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement;

(b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits.

  1. there has been a breach of a specified condition of the policy, being one of the following conditions, namely:––

(i) a condition excluding the use of the vehicle— (A) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward; or (B) for organised racing and speed testing; or (C) for a purpose not allowed by the permit under which the vehicle is used, where the vehicle is a transport vehicle; or (D) without side-car being attached where the vehicle is a two-wheeled vehicle; or

(ii) a condition excluding driving by a named person or by any person who is not duly licenced or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or

(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or (b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or (c) that there is non-receipt of premium as required under section 64VB of the Insurance Act, 1938.

  1. ) If on the date of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insured
  2. award” means an award made by the Claims Tribunal under section 168
  3. Claims Tribunal” means a Claims Tribunal constituted under section 165;
  4. liability covered by the terms of the policy” means the liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel or has avoided or cancelled the policy.
  5. material fact” and “material particular” mean, respectively, a fact or particular of such a nature as to influence the judgment of a prudent insurer in determining whether he shall take the risk and, if so, at what premium and on what conditions.
  6. Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State

Government, produce—

(a) the certificate of insurance;

(b) the certificate of registration;

(c) the pollution under control certificate;

(d) the driving licence;

(e) in the case of a transport vehicle, also the certificate of fitness referred

to in section 56, and the permit; and

(f) any certificate or authorisation of exemption that has been granted

under this Act,

relating to the use of the vehicle

  1. The transferee shall apply within fourteen days from the date of transfer in the prescribed form to the insurer for making necessary changes in regard to the fact of transfer in the certificate of insurance and the policy described in the certificate in his favour, and the insurer shall make the necessary changes in the certificate and the policy of insurance in regard to the transfer of insurance.
  2. Section- 66A: The Central Government may develop a National Transportation Policy consistent with the objects of this Act in concurrence with the State Governments and other agencies, for establishing a framework for grant of transport permits. The Section directs the Central Government to consult the State Governments before formulation of policy.
  3. Permit is one of the most contentious issue and document. With standardisation likely to come about due to Central Govt. involvement, this aspect may not bother at the time of claims.
  4. Section 134A of The Bill defines “Good Samaritan” as a person, who, in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transporting such victim to the hospital. It makes provision for protection of Good Samaritans from unnecessary trouble or harassment from civil or criminal proceedings and empowers Central Government to frame Rules for their protections which will be a welcoming factor to get the medical aid to injured/ victim.
  5. Section-147 • The sub-section-(2) has been substituted by the following sub-section For the purposes of third party insurance related to either death of a person or grievous hurt, the Central Government shall prescribe a base premium and the liability of an insurer in relation to such premium.
  6. Section- 149 The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident.
  7. An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government.
  8. If, the claimant to whom the offer is made under sub-section (2),— (a) accepts such offer,— (i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and (ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement; (b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits.
  9. Section- 159 Information to be given regarding accident : The police officer shall, during the investigation, prepare an accident information report to facilitate the settlement of claim in such form and manner, within three months and containing such particulars and submit the same to the Claims Tribunal and such other agency as may be prescribed.
  10. Section-161 To be paid as compensation,—

(a) in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of two lakh rupees or such higher amount as may be prescribed by the Central Government;

(b) in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of fifty thousand rupees or such higher amount as may be prescribed by the Central Government.

  1. Section- 162 The insurance companies for the time being carrying on general insurance business in India shall provide in accordance with the provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour.
  2. The Central Government shall make a scheme for the cashless treatment of victims of the accident during the golden hour and such scheme may contain provisions for creation of a fund for such treatment.
  3. Govt. shall make a scheme for CASHLESS TREATMENT of victims during the GOLDEN HOUR and for creation of fund for the same purpose. First aid will be ensured and thereby diminishing the loss of lives in many cases.
  4. Section- 164 The owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of – • Death – 5,00,000 • Grievous hurt – 2,50,000
  5. In any claim for compensation under this), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner/driver of the vehicle concerned. Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section.
  6. The Amendment replaces Section 163A with Section 164. Now proposes payment of rupees five lakhs in cases of death and rupees two lakhs and fifty thousand in cases of grievous hurt, in case the claimants do not want to plead negligence of offending driver. Further, Section 165(1) states that acceptance of payment of compensation under Section 164 will result in lapse of claim petition under any other section.
  7. Section- 164 B Under Section 164B, Motor Vehicle Fund is to be augmented by a special tax or cess. The Fund is to be utilized for giving immediate relief to victims of motor accidents, GOLDEN HOUR and also hit and run cases and any other compensation which the Govt. would announce. The compensation paid out of the fund shall be deductible from the compensation which the victim may get in future from the Tribunal.
  8. Section- 166(3) Time-limit of six months for filing claim: Sub-section(3) proposed to be REINSERTED to Section 166 states that the claim petition has to be filed within six months of the date of accident. Said provision fixing time limit was deleted as per 1994 Amendment IS REVIVED.
  9. Section 166(5) mentions that the person has right to claim compensation for injury in an accident, upon death of the person inured survive to his legal representatives.
  10. Section- 199(A) Liability of Guardians in case of accidents by juveniles: Newly Section 199A PROPOSES to impose liability on guardian or the owner of the vehicle responsible for an accident caused by a juvenile
  11. Appeal limit increased to 10 times: To reduce litigation and appeals by insurance companies, appeal limit increased from Rs. 10,000 to Rs. 1 lakh.
  12. Driver and other co workers of transport vehicles now included in the mandated third party insurance.
  13. Non Receipt of premium In section 150(2) a ground of defence has been added wherein if there is non-receipt of premium as required under section 64VB of the insurance Act 1938 then the insurer could seek exoneration.
  14. Drunk Driving curbed: Giving statutory defence to insurance companies. Will ease out the burden on insurers to convince the Judiciary that drunk driving is not legal and should be so considered for MACT Claims.

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