Section 1, 2, 2b, 8, 9 and 10 of the Motor Vehicles Amendment Act 2019

THE MOTOR VEHICLES (AMENDMENT) ACT, 2019

NO. 32 OF 2019
[9th August, 2019.]
An Act further to amend the Motor Vehicles Act, 1988.

BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:-

CHAPTER I PRELIMINARY

Short title and commencement

1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2019. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Amendment of section 2 of Motor Vehicles act

2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act), in
section 2,-
(i) for clause (1), the following clauses shall be substituted, namely:-
'(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person;

(1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;

(1B) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;';

(ii) after clause (4), the following clause shall be inserted, namely:-
'(4A) "community service" means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;';

(iii) after clause (9), the following clause shall be inserted, namely:- '(9A) "driver refresher training course" means the course referred to in sub-section (2A) of section 19;';

(iv) after clause (12), the following clause shall be inserted, namely:-
'(12A) "golden hour" means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;';

(v) clause (18) shall be omitted;
(vi) in clause (24), for the words "invalid carriage", the words "adapted vehicle" shall be substituted;

(vii) in clause (26), for the words "invalid carriage", the words "adapted vehicle" shall be substituted;

(viii) after clause (38), the following clause shall be inserted, namely:-
'(38A) "scheme" means a scheme framed under this Act;';

(ix) after clause (42), the following clause shall be inserted, namely:-
'(42A) "testing agency" means any entity designated as a testing agency under section 110B;';

(x) in clause (49), after the word "rests", the words "or moves" shall be inserted.

Insertion of new section 2B. Promotion of innovation

3. After section 2A of the principal Act, the following section shall be inserted, namely:- "2B. Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.".

Amendment of section 8 of Motor Vehicles Act

4. In section 8 of the principal Act,-
(i) in sub-section (1), for the words "the licensing authority having jurisdiction
in the area", the words "any of the licensing authority in the State" shall be substituted;

(ii) in sub-section (2), for the words "and with such fee", the words "with such fee and submit in such manner, including electronic means" shall be substituted;

(iii) in sub-section (3),-
(a) after the word "application", the words "to drive a transport vehicle made" shall be inserted;

(b) the proviso shall be omitted;

(iv) in sub-section (4), in the proviso, for the words "invalid carriage", the words "adapted vehicle" shall be substituted;

(v) in sub-section (5), for the words "passes to the satisfaction of the licensing authority such test", the words "satisfies such conditions" shall be substituted;

(vi) in sub-section (6), after the proviso, the following provisos shall be inserted,
namely:-

"Provided further that a licencing authority may issue a learner's licence in electronic form and such manner as may be prescribed by the Central Government.:

Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.".

Amendment of section 9 of Motor Vehicles Act

5. In section 9 of the principal Act,-
(i) in sub-section (1), for the words "the licensing authority having jurisdiction in the area", the words "any licensing authority in the State" shall be substituted;

(ii) in sub-section (3), for the second proviso, the following proviso shall be substituted, namely:-

"Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.";

(iii) in sub-section (4), the words "such minimum educational qualification as may be prescribed by the Central Government and" shall be omitted;

(iv) in sub-section (5), in the proviso, after the words "last such test", the words and figures "and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12" shall be inserted.

Amendment of section 10 of Motor Vehicles Act

6. In section 10 of the principal Act, in sub-section (2), in clause (c), for the words "invalid carriage", the words "adapted vehicle" shall be substituted.