The motor vehicles of all types are licensed, accounted and regulated in the country through he “Indian Motor Vehicles Act, 1914” a central legislation passed and applicable in British India since the end of the 19th century, amended by the “Indian Motor Vehicles (Amendment) Act, 1920” and “Indian Motor Vehicles (Amendment) Act, 1924” which was replaced by the Motor Vehicles Act, 1939, that came into force in 1940.
Subsequently after independence various Committees, like, National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two – Wheelers Committee, as also the Law Commission have gone into different aspects of road transport and have recommended updating, simplification and rationalization of this law. As several Members of Parliament urged for comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to the modern – day requirements a working Group was constituted in January, 1984 to review all the provisions of the Motor Vehicles Act, 1939. Some of the requirements were
(a) the fast increasing number of both commercial vehicles and personal vehicles in the country ;
(b) the need for encouraging adoption of higher technology in automotive sector; (c) the greater flow of passenger and freight with the least impediments so that islands of isolation are not created leading to regional or local imbalances;
(d) concern for road safety standards, and pollution-control measures, standards for transportation of hazardous and explosive materials;
(e) simplification of procedure and policy liberalization’s for private sector operations in the road transport field ; and
(f) need for effective ways of tracking down traffic offenders.
To address all these relevant issues plaguing the country the MV Act of 1939 was duly amended in 1988 by Parliament of India.
Off late it has been observed that many new vehicles are plying in the city of Bengaluru either with Temporary Registration numbers are without any registration number but with a sticker that says “Registration Applied For” thus defeating the very purpose of registration and violative of road safety standards since these vehicles can not be identified and brought to book in case of any traffic offences. It is a matter of great concern since the road accidents are on the increase combined with the ever increasing road rages and indiscipline on roads at times leading to fatalities. It is well known that road accidents kill more people than cancer in India.
Even though section 43 of MV Act allows for temporary registration in the interest of public it is desirable that such a practice to private transport vehicles is curbed and the process of issuing permanent registration certificates must be expedited.
Section 39 of Chapter IV of MV Act 1988 clearly states that no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered (this does not apply to the motor vehicles in possession of dealers who should prominently disclose the address).
Section 40 of MV Act makes it abundantly clear that every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.
Section 192 lays down the penalties for using vehicle without registration. It states that whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extend to five thousand rupees but shall not be less than two thousand rupees for a second or subsequent offence with imprisonment which may extend to one year or with fine which may extend to ten thousand rupees but shall not be less than five thousand rupees or with both :
When the law is so stringent and clear why is that we see many brand new vehicles on the road which are duly not registered? It becomes very difficult for the public and law enforcing agencies to identify the owners of such vehicles in case of traffic incidents/accidents including hit and runs, causing fatalities. Such an illegal practice defeats the very purpose of enacting the MV Act 1988. Time has come to arrest this illegal trend of allowing the vehicles to be used on road in contravention of the MV Act 1988. An enquiry to be ordered to ascertain any role of the RTAs involved in such illegal activity having potential to cause harm to the innocent citizens, along with the role of vehicle dealers. The authorities concerned should initiate immediate actions to stop allowing vehicles without registration on road to make the roads a little more safer for the citizens.
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Jai Hind