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Motor Vehicle Compensation Application

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The M.V. Act, 1988 was enacted with a view to consolidate and amend the law related to motor vehicle and transportation in India. Our country is facing and increasing Burdon of Road Traffic and traffic injuries because of Rapid motorization. Therefore, in order to improve road safety and transport system it was necessary to amend the Act so, the motor vehicles bill 2019 was brought making India pollution free and accident free driving destination which was the core essence of the amendment of M.V. Act.  

The aims of amendments

Rapid growth of motorisation and road fatalities and injury was in immergence at its highest in today’s time. There were new recommendations in the form of grievances or suggestions received from various stakeholders by the Central Government citing cases of road accidents delay in issue of driving licenses, disregard for traffic rules and regulation etc.

In order to improve road safety and transport system in India the amendment made to address few topics related to road safety. Firstly, citizen facilitation, strengthening of public transport. Secondly, automation and computerisation and efficient rural transport. Thirdly, last minute connectivity to major, urban points and lastly, other enabling transportation services. The objective of the amendment of the M.V. Act is to provide an efficient, corruption free transportation system in the country.

Amendment provides for the following columns:-
  1. To facilitate grant of online learning license.
  2. Replace the provision of motor insurance with simplified provisions in order to help expeditiously to the accident victims and their families.
  3. Expand the time limit of renewal of driving license from one month to one year before and after the expiry date.
  4. To increase the period of renewal of transport license from 3 to 5 years.
  5. Enable the licensing authorities to grant license even to differently able persons.
  6. To increase the fines and penalties for violation of the provisions of the act.
  7. Make a provision for protection for good Samaritans.
Provision for drink and drive

Urbanization and excessive amount of alcohol consumption has lead to more instances of drunk and drive cases in India. It is a criminal offence under the Act to drive after consuming alcohol and there are penal provisions for drunk and drive in India but still inspite of all these arrangements there is growing number of accident caused because of excessive alcohol consumption by one of the drivers.

The drunk and drive alcohol limit in India is stipulated in the act. Any person who in his or her blood has alcohol exceeding 30 MG per hundred ML of blood detected in a test by a breath analyzer is said to be driving under the influence of alcohol. Same also applies to any person who is under the influence of any sought of drugs or prohibited narcotics substances. To such an extent as to be incapable of exercising proper control during the driving.

Punishment

Punishment for drunk and drive is mentioned under section 185 of the M.V. Act making driving under the influence of alcohol a criminal offence. The person with such a condition is punishable for the first offence with imprisonment for a term of 6 months or with fine or both which may extent to Rs. 2000/- second or subsequent offence if committed within 3 years of time similar nature is punishable with two years of imprisonment or with fine of Rs. 3000/- or both.

PUC means

PUC is an abbreviation of “pollution under control”. It is a certificate that is given to vehicle after having cleared a PUC test. The certificate itself prescribed that the emission passed from the vehicle is under the prescribed limit of pollution control standards under the central motor vehicle rule, 1989. A PUC certificate is a mandatory document required for vehicle.

The PUC certificate must mention:-
  1. The certificate Serial number
  2. The vehicle license plate number
  3. The date of testing of emission
  4. The expiry date of certificate
  5. The readings of emission by the vehicle.

The emission from the vehicle emits smoke which has potential to pollute the environment, As a result to harm the public health if left uncheck. As such, there must be a norm to check the vehicles carbon emission. The rules for undergoing specific PUC test and obtaining PUC certificates mandated by the central motor vehicle rule. Most importantly, when a vehicle is purchased a PUC certificate is issued with that vehicle which is valid for 1 year. After that a new PUC test is required. And then this test is made compulsory to reduce the carbon footprint in the environment. Also to save the general public for any hazardous effects. 

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