Offences and Punishment/Fine under Motor Vehicles Act

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new motor vehicle act 2019 penalties

Refer to Taxmann's Guide to Motor Vehicles Act 1988 for commentary on each amendment made by the Motor Vehicles (Amendment) Act, 2019, in a lucid and easy-to-understand language along with Notifications and Frequently Asked Questions

Unless otherwise stated, the revised or enhanced or new penalties mentioned in column (5) of the following Table are applicable with effect from 1-9-2019:

Sl.

No.

Offence Section Punishment under existing provisions of MV Act, 1988 Punishment* under amended provisions applicable w.e.f. 1-9-2019 Whether compoundable under existing provisions

Whether compoundable under amended provisions of section 200 applicable from 1-9-2019

(1)

(2) (3) (4) (5) (6)

(7)

1. Driving without holding an effective driving licence

3 & 181

Imprisonment up to 3 months or fine up to Rs. 500 or both Imprisonment up to 3 months or fine of Rs. 5000 or both

Yes

Yes. State Govt. may impose community service in addition to payment of composition amount.
2. Driving by an underaged person

4 & 181

Imprisonment up to 3 months or fine up to Rs. 500 or both Imprisonment up to 3 months or fine of Rs. 5000 or both

Yes

Yes. State Govt. may impose community service in addition to payment of composition amount.
3. Owner or person-in-charge of a vehicle permitting an unlicenced person or an underaged person to drive it (Parents/guardians/friends permitting minor to drive)

5 & 180

Imprisonment up to 3 months or fine up to Rs. 1000 or both Imprisonment up to 3 months or fine of Rs. 5,000 or both

If an underaged person i.e. minor permitted- to drive, then section 199A will also apply.

Guardian/owner shall be deemed to be guilty. Rs. 25,000 with 3 yrs. imprisonment. For Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled.

Yes

Yes. provided section 199A is not attracted. State Govt. may impose community service in addition to payment of composition amount.
4. Holder of a D/L permitting it to be used by other person

6(2) & 177

Up to Rs.100 for the first offence

Up to Rs.300 for the second or subsequent offence

Up to Rs. 500 for the first offence

Up to Rs.1500 for the second or subsequent offence

Yes

Yes. State Govt. may impose community service in addition to payment of composition amount.
5. (i) Disqualified person driving a vehicle or,

(ii)applying for or obtaining a D/L or,

(iii) seeking a D/L without disclosing endorsements made on D/L previously held

23 & 182(1)

Imprisonment up to 3 months or fine up to Rs. 500 or both

D/L obtained by him shall have no effect

Imprisonment up to 3 months or fine of Rs. 10,000 or both

D/L obtained by him shall have no effect.

Yes

Yes. State Govt. may impose community service in addition to payment of composition amount.
6. (i) Disqualified conductor acting as conductor or,

(ii) applying for conductor’s licence or,

(iii)seeking a licence without disclosing endorsements made on licence previously held

23 & 182(2)

Imprisonment up to 1 month or fine up to Rs. 100 or both

C/L obtained by him shall have no effect.

Imprisonment up to 1 month or fine up to Rs. 10,000 or both

C/L obtained by him shall have no effect.

Yes

Yes. State Govt. may impose community service in addition to payment of composition amount.
7. Running driving school without a licence

177

Upto Rs. 100 for the first offence

Up to Rs. 300 for the second or subsequent offence

Up to Rs. 500 for the first offence

Up to Rs. 1500 for the second or subsequent offence

Yes

Yes. State Govt. may impose community service in addition to payment of composition amount.
8. Contravening the provisions of construction and maintenance of the vehicle Section 182A: Violating the provisions of section 109(3)

Rs.1000 for the first offence

Rs.5000 for the second or subsequent offence

Section 191: Sale of a vehicle in or alteration of a vehicle to condition contravening this Act: fine up to Rs. 500

Contraventions of Chapter VII [secs. 109, 110, 110A, 110B and 111] or rules and regulations made thereunder

Fine of Rs. 1,00,000 per component or imprisonment up to 1 year or both for component dealers for selling non-type approved critical safety components for vehicles

[Sec. 182A(3)]

Fine of Rs.5,000 per alteration or imprisonment upto 6 months or both on owner altering his motor vehicle incl. Retrofitting parts in manner not permissible under the Act (e.g. fog lights, pressure horns, extra lights, roof top carriers, metallic protectors along the sides) [Sec. 182A(4)]

Offence by dealers of vehicles. Fine of Rs.1,00,000 per vehicle or imprisonment upto 1 year or both [Sec.182A(1)]

Stringent penalties of fine upto Rs. 100 cr imprisonment upto 1 year or both for non-compliance by manufacturers and power of Central Govt. to order compulsory recall of motor vehicles u/s 110A [Sec.182A(2)]

Section 191 omitted as penalty covered in new section 182A(1)

Offence by u/s 191 compoundable.

Offences under sub-sections (1), (3) & (4) are compoundable.

State Govt. may impose community service in addition to payment of composition amount.

Offences u/s 182A(2) is not compoundable.

9. Contravention of section 62A by registering authority or prescribed authority by registration/issue of certificate of fitness to oversized vehicles

62A & 182B

Min. penalty Rs. 5,000

Max. penalty Rs. 10,000

Yes.

State Govt. may impose community service in addition to composition amount.

10. A defect in a 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 same has been reported to the Central Govt. by any source.

110A

Central Govt. empowered to order for recall of motor vehicles if a defect in the vehicle may cause damage to the environment, or the driver, or other road users (applicable from a date to be notified by the Central Govt.)

The manufacturer of the recalled vehicle will be required to:(i) reimburse the buyers for the full cost of the vehicle, or (ii) replace the defective vehicle with another vehicle with similar or better specifications. And manufacturers will also be liable to pay fines. However, he need not pay fines if informs the Central Govt. of the defect and initiates recall proceedings voluntarily (applicable from a date to be notified by the Central Govt.).

No.
11. Driving a vehicle at an excessive speed

112 & 183(1)

Upto Rs. 400 for the first offence

Upto Rs. 1,000 for second or subsequent offence

(A) FIRST OFFENCE

(I) For motor cycles, motorcabs and auto-rickshaws:

Min. Penalty: Rs. 1,000

Max. Penalty: Rs. 2,000

(II)For medium goods vehicle or passenger vehicle or heavy goods/passenger vehicle

Min. Penalty: Rs. 2,000

Max. Penalty: Rs. 4,000

(B) SECOND/SUBSEQUENT OFFENCE

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount. But no relief from impounding of driving licence.
Driving licence of driver to be impounded under section 206(4)1
12. Permitting/causing employee or a person subject or his control to drive at an excessive speed Secs. 112 & 183(2)

Upto Rs. 300 for the first offence

Upto Rs. 500 for second or subsequent offence

–do—

Secs. 112 & 183(1)

Section 183(2) omitted and its provisions merged into sub-section (1) of section 183 so that the offence which was earlier punishable u/s 183(2) is new punishable u/s 183(1)

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount. But no relief from impounding of driving licence.
13. Driving or permitting to drive a vehicle carrying excess load

113(3), 114, 115 & 194(1)

Minimum fine of Rs. 2,000 plus additional Rs. 1,000 per ton of excess load together with charges for off loading the excess load Rs. 20,000 and Rs. 2,000 per extra ton together with charges for off loading the excess load.

Such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
14. Drives a loaded motor vehicle or causes or allows such motor vehicle to be driven when the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit

194(1A)

New penalty provision Fine of Rs. 20,000 + pay charges for off-loading of such load.

Such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load.

Such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit.

Yes. State Govt. may impose to community service in addition to payment of composition amount.
15. Driver refusing to stop and submit his vehicle to weighing or removing the load prior to weighing

114 & 194(2)

Fine upto Rs. 3,000 Fine of Rs. 40,000

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
16. Any person driving or permitting to drive any vehicle with a left hand steering control unless equipped with prescribed device

120 & 177

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Upto Rs. 500 for the first offence

Upto Rs. 1500 for second or subsequent offence

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
17. Driving dangerously/its abetment

184 & 188

“Driving in a manner dangerous to the public” is the offence.

Punishable as under:

(i) Fine upto Rs. 1,000 or imprisonment upto 6 months or both for the first offence (ii) Imprisonment upto 2 years or fine upto Rs. 2,000 or both for second and subsequent offence committed within 3 years of first offence

Offence is driving in a manner dangerous to the public or which causes a sense of alarm or distress to the occupants of the vehicle, other road users and persons near roads

(i) The following shall be treated as dangerous driving:

(a) jumping a red light;

(b) violating a stop sign;

(c) use of handheld communications devices (e.g., mobiles) while driving;

(d) passing or overtaking other vehicles in a manner contrary to law;

(e) driving against the authorised flow of traffic; or

(f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous

Punishable as under:

(ii) Fine not less than Rs. 1,000 but which may extend to Rs. 5,000 or imprisonment not less than 6 months which may extend to 1 year or both for the first offence

(iii) Imprisonment upto 2 years or fine of Rs. 10,000 or both for second and subsequent offence committed within 3 years of first offence

Driving licence liable to be impounded and sent for disqualification proceedings u/s 19 [New sub-section (4) of section 206]1

Yes

Yes. Only for holding mobile in hand while driving.

Yes. State Govt. may impose to community service in addition to payment of composition amount.

No relief from impounding of D/L and disqualification proceedings u/s 206(4).

18. Driving by a drunken person or by a person under the influence of drugs/its abetment

185 & 188

Punishable as under:

(i) Fine upto Rs. 2000 or imprisonment upto 6 months or both for the first offence

(ii) Imprisonment upto 2 years or fine upto Rs. 3,000 or both for second and subsequent offence committed within 3 years of first offence

Punishable as under:

(i) Fine of Rs.10,000 or imprisonment upto 6 months or both for the first offence

(ii)Imprisonment upto 2 years or fine of Rs.15,000 or both for second and subsequent offence

Driving licence liable to be impounded and sent for disqualification proceedings u/s 19 [New Sub-section (4) of section 206]1

No

No
19. Driving when mentally or physically unfit to drive/its abetment

186 & 188

Punishable as under:

(i) Fine upto Rs. 200 for the first offence

(ii) Fine upto Rs. 500 for second or subsequent offence

(i) Fine upto Rs. 1,000 for the first offence

(ii) Fine upto Rs. 2,000 for second or subsequent offence

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
20. Driving an uninsured vehicle

146 & 196

Imprisonment upto 3 months or fine upto Rs. 1000 or both (i) For first offence: Imprisonment upto 3 months or fine of Rs. 2,000 or both

(ii) For subsequent offence: Imprisonment upto 3 months or fine of Rs. 4,000 or both

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
21. Driver’s failure to obey mandatory traffic signs

119 & 177

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Upto Rs. 500 for the first offence

Upto Rs. 1500 for second or subsequent offence

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
22. Driver’s failure to make prescribed signals on prescribed occasions

121 & 177

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Upto Rs. 500 for the first offence

Upto Rs. 1500 for second or subsequent offence

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
23. Driver allowing any person to obstruct his control of the vehicle (sitting at a place so as to hamper driving, etc.)

125 & 177

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Upto Rs. 500 for the first offence

Upto Rs. 1500 for second or subsequent offence

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
24. Driver of two- wheeler/motor cycle carrying more than one person in addition to himself (triple seat/triple riders)

128(1) & 177

128(1) & 194C

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Fine of Rs. 1000

Disqualification from holding driving licence for 3 months

Yes.

Yes. State Govt. may impose to community service in addition to payment of composition amount.

No relief from impounding of D/L and disqualification proceedings u/s 206(4).

25. Driver and pillion rider failing to wear protective headgear (helmet)

129 &177

129** &194D

Upto Rs. 100 for the first offence Fine of Rs.1000

Disqualification from holding driving licence for 3 months

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
Upto Rs. 300 for second or subsequent offence No relief from impounding of D/L and disqualification proceedings u/s 206(4).
26. Any person in-charge of a vehicle or a trailer abandoning or permitting to abandon, etc., in a public place (improper and obstructive parking)

122, 127 & 177

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Owner shall also be liable for towing costs.

The word ‘disabled’ deleted in section 201(1). Therefore, it appears that offences under sections 122 & 127 will be punishable u/s 201

[See item No. 38 in this Table]

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.
27. Any person in-charge of a vehicle carrying or permitting to carry any person on the running board, etc.

123(1) & 177

Upto Rs. 100 for the first offence

Upto Rs. 300 for second or subsequent offence

Upto Rs. 500 for the first offence

Upto Rs. 1500 for second or subsequent offence

Yes

Yes. State Govt. may impose to community service in addition to payment of composition amount.

*The fines in the Act can be increased by State Govt. by a multiplier of more than 1 but not more than 10 – Section 210A.

1.The provisions of sub-section (4) of section 206 have not yet been brought into force. They shall come into force on date to be notified by the Central Govt.

**The new substituted section 129 has not yet been brought into force. The new substituted section 129 shall come into force on a date to be notified by the Central Govt. Till then, the penalties made new section 194D shall apply with reference to existing section 129.


Also Read:

FAQs on Motor Vehicles (Amendment) Act

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One thought on “Offences and Punishment/Fine under Motor Vehicles Act”

  1. Thank you for the out of the ordinary check out, its not a subject I usually give much attention too but this caught my attention.

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