The State’s move to reduce the hefty increase in penalties for violations of road rules spelled out under the Motor Vehicles (Amendment) Act, 2019 will not benefit majority of motorists as it will be mostly confined to seven sections and will not deter people from violating traffic rules and enhancing road discipline.
The State Transport Commissioner and the Principal Secretary, Transport, had been tasked by Chief Minister Pinarayi Vijayan to look into the quantum on the reduction of the penalties for violations of road rules spelled out under the Act that has come into effect from September 1.
The Transport Department officials had shortlisted Section 177, 179(1), 179(2), 182(2), 184, 186 and 190(2) for reduction of penalties. The commissioner and the Principal Secretary need only to decide on the quantum of the reduction in the penalties in the next two working days.
The Law Secretary will have a say as the seven shortlisted Sections of the Act will come before him for legal opinion before the government takes a final call on the vexed issue.
Amendment to Section 177 has enhanced the penalty for offences where no penalty is specifically provided for first offence from ₹100 to ₹500 and second/subsequent offence from ₹300 to ₹1,500.
Section 179 (1) and (2) of the Act has been amended to enhance penalty for disobedience of orders of authorities and a refusal to give information from a fine of up to ₹500 to ₹2,000. Section 182(2) pertains to conductor licence in stage carriers and the maximum fine prescribed is ₹10,000.
Section 184 pertains to dangerous driving and the penalty has been enhanced to imprisonment of six months to one year and/or fine of ₹1,000-₹5,000 for first offence and imprisonment up to two years and/or fine up to ₹10,000 for second offence. Reduction in the quantum of penalty will benefit motorists as the law enforces use this section for booking those using mobile phone while driving.
Section 186 pertains to driving when one is physically and mentally unfit, while Section 190 (2) can be used against motorists whose vehicles cause air and sound pollution.
Once the government decides on the issue, a fresh notification will have to be issued to enable the law enforcers to collect the reduced penalties. Exercising the powers conferred by sub-section (1) of Section 200 of the MV Act, 1988 and Central Act 59 of 1988, the Principal Secretary had issued notification on August 31 listing the 32 penal provisions, the amount and the designated officers authorised to compound the offences.
Till the fresh notification is issued, the law enforcers will continue to issue check memo for the violations committed by motorists and face the law on getting summons from the court. Official sources said those willing to pay the revised penalties as per the amended Act could pay to the officials booking them on the road.
