20 Basic Traffic Laws and Rights Every Person in India Must Know

Sumasri
May 15, 2023

The Government of every country is responsible for the formulation of traffic rules that must be followed by the citizens of a country. In the Indian context, the Government of India is responsible for conceptualizing traffic laws and ensuring compliance by Indian citizens. In India, the Motor Vehicles Act, 1988, recently amended by way of the Motor Vehicles (Amendment) Act, 2019, governs the rules, regulations, penalties, and other stipulations regarding vehicles and traffic in India.

Recently, on July 15, 2019, Mr Nitin Gadkari, the Minister of Road Transport and Highways, introduced the Motor Vehicles (Amendment) Act, 2019 in the Lok Sabha. This act was a revolutionary measure which aimed to promote road safety, and the act also aimed to alter the erstwhile Motor Vehicles Act of 1988. The Act establishes requirements for motor vehicles, the issuance of licenses and permits relating to motor vehicles, and sanctions for violations of these laws. The main features include a programme for providing care to victims of traffic accidents during the "golden hour”, without the immediate hassle of payment, the creation of a Motor Vehicle Accident Fund, mandatory insurance for all Indian road users, and also provided for the ability for the central government to order the recall of motor vehicles which had a defect that could endanger the environment.

Furthermore, according to the amended legislation, the central government has to work with state governments in tandem in order to create a National Transportation Policy. The amendment also empowered the central government to issue a notification in order to establish the National Road Safety Board. The aforementioned Board shall be instrumental in providing advice to the union and state governments on all facets of traffic control and road safety. The amendment also enhanced the penalty for a number of Act-related offences. All in all, it can be ascertained that the act sought to give teeth to the central government in the gamut of traffic laws, in the Indian context. These laws lay down an all-comprehensive set-up for governing traffic-related offences and rules in India.

The Indian Laws are applicable pan-India and are enforced by way of various legislations regarding traffic laws which govern the Indian citizens. This article states 20 basic traffic laws that every Indian citizen must be aware of-

Penalties for Drunk Driving- Under S.150 (2)(ii) of The Motor Vehicles Amendment Act, 2019, it is stated that the penalty for driving under the influence of alcohol has been increased from the erstwhile Rs. 2000/- to a whopping Rs. 10000/ which shall be levied according to the Indian Laws, in case person(s) are caught driving whilst under the influence of alcohol.
Failure of Compliance with Vehicular Manufacturing Standards- In case a Vehicle Manufacturer contravenes the Indian Laws mandating certain specifications for the manufacturing of motor vehicles, under Section 215B(2)(a) of the Motor Vehicles Amendment Act, 2019, the persons responsible in the company can be punished with a sentence of imprisonment spanning up to a period of 1 year or a fine of Rs. 100 crore, or both.
Failure of Compliance with Road Design Standards- Under S.198 A of The Motor Vehicles Amendment Act, 2019, if a contractor fails to comply with road design standards, the penalty will be a fine of up to 1 lakh Rupees. The Government of India may increase fines mentioned under the Motor Vehicles Amendment Act, 2019, every year by up to 10%.
Recall of Vehicles- Section 110A(1) of The Motor Vehicles Amendment Act, 2019, allows the Government of India to immediately seek recall of motor vehicles in case of defects in the vehicle which might be a reason for causing damage to the environment, Indian citizens, road users, or infringe the rights of the driver.
Liability of Manufacturer- In case a vehicle does not comply with the specifications laid down under Indian laws, then the manufacturer is liable for reimbursement of the buyers, with respect to the full cost of the vehicle, or ensuring replacement of the defective vehicle, with another piece with either equal or better specifications.
Exemption of Liability for Good Samaritans- In the context of governing Indian Citizens, Under Section 134A of the Motor Vehicles Amendment Act, 2019, it is the right of such a good Samaritan not to be made liable either in a civil or criminal action under Indian laws, due to death or injury of such victim, even if they were negligent in handling the victim. A ‘Good Samaritan’, is a person who aids another by way of extending medical or non-medical assistance, to the victim of an accident or mishap, in good faith and voluntarily, without the expectation of any monetary benefit or reward.
Compulsory Insurance- Section 164B(2) of The Motor Vehicles Amendment Act, 2019 provides for compulsory insurance coverage to all Indian citizens and road users in India. This coverage shall cover the treatment & compensation to a person affected by a road accident and coverage also extends to compensation for representatives of such a person affected and any other person prescribed under the Indian Laws.
Applicability of Insurance- The compulsory insurance coverage to all Indian citizens shall be applicable in various cases such as when a person is a victim of a road accident and requires treatment, disbursal of funds to representatives, and others. These stipulations have been stated under Section 164B(3) of The Motor Vehicles Amendment Act, 2019, which states that insurance is necessary to protect the interests of Indian citizens and other stakeholders.
Funding of Insurance Coverage- Under Section 164B of the Motor Vehicles Amendment Act, 2019, the Fund will be credited through (i) payment of a nature notified by the Government of India, (ii) a grant or loan made by the Government of India, (iii) balance of the Solatium Fund (existing fund under the Act to provide compensation for hit and run accidents), or (iv) any other source as prescribed the Government of India.
Assistance for Accidents during Golden Hour- The Government of India states that immediate assistance must be provided to Indian citizens and Road Accident Victims by way of extending cashless treatments for accidents that occur during the golden hour, which is defined under Section 12A of the Motor Vehicles Amendment Act, 2019 as a time period of up to 1 hour following a traumatic injury when the chances of prevention of death by way of appropriate medical intervention is the highest.
Compensation for Hit-and-Run Accidents- Further, the Government of India states under Section 145(d) of the Motor Vehicles Amendment Act, 2019 that the interim relief to be provided to the victim of a road accident must be increased, thus increasing it to Rs. 2 Lakhs from the previous amount of Rs. 25,000/- in case of death, and in case of resultant grievous injury, Rs. 50,000/- from the present Rs. 12,500/-.
Mandatory Registration of Vehicles- With respect to Indian citizens, it is stated under Section 17 of the Motor Vehicles Amendment Act, 2019 that registration of a vehicle is mandatory and has to be done necessarily by the purchaser, at the time of purchase of a vehicle. The act prohibits anyone from driving an unregistered motor vehicle on Indian roads. Indian citizens and others may be punished with a fine, and imprisonment for subsequent/second default.
Mandatory Requirement of Driving License- In the context of governing Indian Citizens, Section 7 of The Motor Vehicles Amendment Act, 2019 restricts driving or plying of a vehicle in a public place until the Indian citizen or other person has been issued a driving license, following which the person has all rights to drive the vehicle.
Eligibility for Receiving a Driving License- Any Indian Citizen or other who is above the age of 18 years is eligible in order to receive a driving license under Indian Law. However, no person below the age of 20 years can ply transportation vehicles. A person may also be issued a temporary license, or a learners’ license.
Grounds for Suspending Driving License- Section 11 of Motor Vehicle Amendment Act, 2019, states that if a person has caused the death or serious injury of one or more people, their right to a driving license may be suspended. Conditions for license revocation by the licensing authority may include drunk driving, drug addiction, fraud or misrepresentation displayed whilst receiving a driving license, danger to the public based on previous conduct, etc.
Protections to Pedestrians- The Motor Vehicle Driving Regulations Act, 2017 lays down under Section 3 that no vehicle may be operated, stopped, or parked on a road or in a public space in a way that would risk their own safety or the safety of other road users. It is imperative to protect the lives of pedestrians.
Duties of Drivers and Riders- Under Section 5 of The Motor Vehicle Driving Regulations Act, 2017, has been laid down regarding various duties of drivers such as ensuring care and caution, being in full control of their physical as well as mental senses, further, the driver must always keep a sharp eye out for oncoming traffic and the road, and avoid engaging in any activity that can divert his attention.
Liability of Driver to Ensure Safety- The Motor Vehicle Driving Regulations Act, 2017, under Section 5, further lays down that the driver and passengers must exercise extra caution and safety measures to protect the most vulnerable road users, such as pedestrians, cyclists, kids, the elderly, and those with disabilities. The driver is responsible for making sure that his vehicle doesn't impede or inconvenience other road users or residents of any property, whether it's moving or stopped. The driver must make sure that no obstructions to his or her vision or hearing are caused by other road users, animals, the load, or equipment in the car.
Actions in case of Accident- The Motor Vehicle Driving Regulations Act, 2017, under Section 29 lays down that driver shall maintain absolute cool in case of an accident and do nothing that may harm the other driver or vehicle involved in the accident or any other person. It further lays down actions that need to be taken in case of a minor accident, and actions to be taken in case of a major accident.
Rear Seat Belt Mandatory- The Ministry of Road Transport and Highways, Government of India, has released proposed regulations requiring auto manufacturers to incorporate back seatbelt alarm systems. The deadline for receiving public comments on the proposed rules falls in October 2022. In case the draft materializes, it would be mandatory for back-seat passengers to wear a seatbelt to avoid and minimize the risk of accidents