Jail term, higher fines for traffic law offenders

The Union Cabinet on Thursday cleared a proposal to discipline the country’s traffic system by incorporating a five-fold increase in the spot fines and even jail term for violators.

The meeting chaired by prime minister Manmohan Singh decided to amend the Motor Vehicles Act (MVA) to provide a strong deterrent against drunken driving, jumping red light, speeding, use of mobile phones behind wheels and illegal parking.

Even though India has just 1% share of world’s motor vehicles every year about 120,000 Indians die in road accidents, more than from calamities or terrorist incidents. Almost 1.27 million people sustain injuries.

“The amendments are aimed at introducing stronger deterrents and to deal with traffic offences seriously. Repeated violations will fetch very high fines and inculcate greater respect for the laws,” a senior government official said soon after the meeting. The amended law will be introduced in the forthcoming budget session of parliament.

The draft law approved by the cabinet provides a fine of Rs500 for talking on mobile phone while driving. Subsequent violations can be as high as Rs5,000. The new law has provision to slap Rs500 fine on those not wearing seatbelts and helmets or on those jumping red lights for the first time. Repeat offences will fetch stiff fines, with jumping red lights or not using seatbelts and helmets attracting a fine between Rs500 and Rs1,500.

The Cabinet note says the use of cell phones has increased traffic accidents across the country. “Mobile phone is any application which can receive and transmit voice, text and picture,” says the proposal.

This means that not only talking on the phone but sending text messages and using hands-free instruments for talking on the mobile phone will also be considered an offence.

The proposed amendment has also cleared a four-fold increase in compensation; to Rs1 lakh in fatal accidents, and Rs50,000 for grievous hurt in hit-and-run cases.

Further, the vehicle owner will be held responsible in case a minor is caught at the wheel.

In case of drunken driving, the fines will increase as per the level of alcohol. Alcohol level of 30mg per 100ml of blood will not amount to an offence. A level between 30mg and 60mg per 100ml of blood will invite a penalty of six months imprisonment and/or Rs2,000 fine. If the alcohol level is 60-150mg per 100ml of blood, the penalty will be one year imprisonment and/or fine of Rs4,000.

If the offence is repeated within three years, the penalty will go up to three years’ imprisonment and/or Rs8,000.

For those who are found heavily drunk with alcohol levels of over 150mg per 100ml of blood, the penalty will be two years’ imprisonment and/or Rs5,000. Repeat offence within three years will attract a penalty of four years and fine of Rs10,000 besides cancellation of licence.

The proposed penalty of using narcotic substances will be six months’ imprisonment and/or fine of up to Rs5,000. For repeat offence, the fine could go up to Rs10,000 along with six months’ imprisonment and cancellation of licence. The punishment under this category has been reduced from existing two years to six months.

The amendment has also proposed to simplify insurance cases, noting there are 1.4 million pending cases relating to third party insurance claims at different tribunals and courts. It has also been proposed to rationalise the formula for tabulating compensation for road accident victims under third party insurance. The amendment also proposes to provide more powers to states to limit and regulate contract carriage on city routes with prior permission of the Centre.

It also proposed delegating more powers to states for issuing driving licences, registration cards, fitness certificates, grant of permits and disposal of appeals.