Section 114, 116, 117, 129, 134A and 135 of the Motor Vehicles Amendment Act 2019

 

Amendment of section 114 of Motor Vehicles Act

41. In section 114 of the principal Act, in sub-section (1), for the words "authorised in this behalf by the State Government", the words "or any other person authorised in this behalf by the State Government" shall be substituted.

 

Amendment of section 116 of Motor Vehicles Act

42. In section 116 of the principal Act,-
(i) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1A) Notwithstanding anything contained in sub-section (1), the National Highways Authority of India constituted under the National Highways Authority of India Act, 1988 or any other agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is likely to distract the attention or concentration of the driver:

 

Provided that for the purposes of this sub-section, the National Highway Authority of India or any other agency authorised by the Central Government may seek assistance from the authorities of the State Government and the said State Government shall provide such assistance.";

(ii) in sub-section (3), after the words, brackets and figure "provided by sub-section (1)", the words, brackets, figure and letter "or sub-section (1A)" shall be inserted.

 

Amendment of section 117

43. In section 117 of the principal Act, the following provisos shall be inserted, namely:- "Provided that the State Government or the authorised authority shall, give primacy to the safety of road users and the free flow of traffic in determining such places: Provided further that for the purpose of this section the National Highways Authority of India, constituted under the National Highways Authority of India Act, 1988 or any other agency authorised by the Central Government, may also determine such places.".

 

Substitution of new section for section 129 of Motor Vehicles Act. Wearing of protective headgear

44. For section 129 of the principal Act, the following section shall be substituted, namely:- '129. Every person, above four years of age, driving or riding or being carried on a motorcycle of any class or description shall, while in a public place, wear protective headgear conforming to such standards as may be prescribed by the Central Government: Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving or riding on the motorcycle, in a public place, he is wearing a turban: Provided further that the Central Government may by rules provide for measures for the safety of children below four years of age riding or being carried on a motorcycle. Explanation.- "Protective headgear" means a helmet which,- (a) by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motorcycle a degree of protection from injury in the event of an accident; and (b) is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.'.

 

Insertion of new section 134A of Motor Vehicles Act. Protection of Good Samaritans

45. After section 134 of the principal Act, the following section shall be inserted, namely:- "134A. (1) A Good Samaritan shall not be liable for any civil or criminal action for any injury to or death of the victim of an accident involving a motor vehicle, where such injury or death resulted from the Good Samaritan's negligence in acting or failing to act while rendering emergency medical or non-medical care or assistance. (2) The Central Government may by rules provide for the procedure for questioning or examination of the Good Samaritan, disclosure of personal information of the Good Samaritan and such other related matters. Explanation.-For the purposes of this section, "Good Samaritan" means a person, who in good faith, voluntarily and without expectation of any reward or compensation renders emergency medical or non-medical care or assistance at the scene of an accident to the victim or transports such victim to the hospital.".

 

Amendment of section 135 of Motor Vehicles Act

46. In section 135 of the principal Act,-
(i) in sub-section (1),-
(a) in clause (c), the word "and" shall be omitted;
(b) in clause (d), for the word "highways", the words "highways; and" shall be substituted; and

(ii) after clause (d), the following clause shall be inserted, namely:-

"(e) any other amenities in the interests of the safety and the convenience of the public.";

(iii) after sub-section (2), the following sub-section shall be inserted, namely:-

"(3) The Central Government may, by notification in the Official Gazette, make one or more schemes to conduct in-depth studies on the causes and analysis of road accidents.".