Govt Proposes Stricter MV Act: Uninsured Vehicles to be Detained, Licence Rules Tightened
MV Act Amendments: Detention for Uninsured Vehicles, Tighter Licence Rules

In a significant move to enhance road safety and ensure compliance, the Ministry of Road Transport and Highways has proposed a series of amendments to the Motor Vehicles Act. The draft changes, shared with state transport ministers and commissioners this week, aim to tackle the pervasive issue of uninsured vehicles and promote safer driving behaviour through stricter penalties and regulations.

Detention of Vehicles and Licence Restrictions

The ministry's proposal seeks to empower enforcement agencies to detain vehicles found plying without valid insurance. This is a direct response to the large number of vehicles, especially two-wheelers, operating without proper insurance cover. Furthermore, to deter reckless driving, the amendments introduce a provision that will bar individuals from obtaining a fresh driving licence for three years if their previous licence was revoked.

The ministry also plans to amend Section 9 of the Act, which governs the issuance and renewal of driving licences. A key change involves removing exemptions from driving tests for applicants whose challan history indicates unsafe driving behaviour. Currently, a driving test is not mandatory if a renewal application is submitted within one year before the licence's expiry date.

Insurance Premiums Linked to Driver Behaviour

In a move that could make insurance more personalised and risk-based, the ministry has proposed amending Section 147. This change will empower the insurance regulator, IRDAI, to specify base premiums and liabilities by considering a vehicle's age and its history of traffic challans. "This is being done to link insurance premiums with driver’s behaviour. The history of challans for violations provides sufficient insight into how a vehicle is driven," explained an official.

Currently, the government prescribes base premiums for third-party insurance in consultation with IRDAI. The new framework would allow premiums to more accurately reflect the risk profile of the driver and the vehicle.

Broader Reforms and Expert Concerns

The proposed amendments include several other reforms. The ministry wants to expand the ambit of mandatory third-party insurance to include the owner, driver, and occupants of personal vehicles; currently, this is applicable only to commercial vehicles. There is also a proposal to raise the age for mandatory submission of medical certificates for new or renewed licences from 40 years to 60 years.

Additionally, the amendments seek to introduce a graded eligibility system for obtaining licences to drive larger and heavier vehicles, based on skills acquired through driving experience.

However, some experts have raised concerns about the subjectivity of certain proposals. Anil Chhikara, former deputy transport commissioner of Delhi, cautioned, "There is a risk of this provision becoming subjective, as receiving challans during the 15-year validity period of a driving licence is common. Ideally, a driving test should be mandatory before every renewal, with no exemptions." He also argued against a blanket ban on issuing fresh licences to those whose licences were revoked, suggesting that individuals found not at fault after a probe should be allowed to reapply.

These proposed changes, reported by Dipak Dash, represent a comprehensive attempt by the government to use legislative tools to enforce financial responsibility and improve safety standards on Indian roads.