Suggestions for Amendment of Motor Vehicles Act now under consideration

The motor vehicle is both a source of joy and sorrow. We covet the vehicle but do not take adequate precaution to ensure that it does not bring us to grief. The motor vehicle act has been amended and is awaiting approval by Rajya Sabha. The Committee had invited suggestions before considering the amendments. I had made some suggestions to Mr. Nitin Gadkari as below for consideration. You will find that these will enable security to users, help save lives and curb tendency to play with rules. Please share your observations in case you find interesting.

Honorable Shri Nitin Gadkari Ji,

Minister of Road Transport, Govt. of India

I am aware that the Motor Vehicles Act has already been passed by Rajya Sabha and is awaiting clearance by Lok Sabha. I am sending below some suggestions which will improve enforcement of the Act and provide relief to victims of accidents. This will also help many victims to get quick relief to legal heirs on account of death by accident. You are highly concerned about the reluctance of people to come forward for organ donation. The suggestion on the subject will somewhat address the problem. Besides the unauthorized parking will be tackled by an innovative suggestion here under. Please consider the suggestions below.

RR GROVER,

FORMER ADVISOR AMITY UNIVERSITY, NOIDA.

9810644551/9868947176

Suggestions for considerations:

  1. Any Vehicle towed by a crane from a No parking site will provide a picture of the vehicle  in stationary position from site of removal with an angle covering 10 ft on front and back to prove that offending vehicle has not been arbitrarily selected. This will help satisfy claims of arbitrary selection.
  2. Road maintaining  departments like PWD, MCD will be liable to share the 20% cost of compensation payable by an Insurance Co in the event of loss being on account of poor maintenance. The traffic police will submit a picture of the state of the road at the time of the accident.
  3. Judgments of Supreme Court/ High Court on issues involving motor vehicles will be honored by Insurance Companies while dealing with issues relating to motor claims in servicing of a policy up to claim settlement.
  4. The insurance companies will upload the gist of all such judgments within 3 months of pronouncements by the Supreme Court or High Court/MACT. However, if an appeal has been filed against the judgment   before a higher Appellate authority, the relief  will be subject to outcome.
  5. In order to ensure that open public land does not become a source of  law and order, sometimes leading to violence,  no person shall seek to claim ownership of open space in front of his house/shop or establishment by blocking  access thereto by way of physical objects or human guards to secure exclusive right for self benefit or otherwise. In event of complaint to police or enforcing authority will impose immediate fine of Rs. 5000/- or imprisonment up to 6 months.
  6. Noise Pollution from traffic has assumed alarming propositions affecting the well being of people. Therefore every vehicle according to class i.e. 2 wheeler, 3 wheeler, 4 wheeler private and commercial vehicles will be fitted with muted horns as per decibel noise level prescribed for class of vehicle intended to alert the vehicle/road users to  the danger of running unmindful of consequences. Violation of horn abuse prescribed decibel according to class will attract fine of Rs. 5000/-
  7. The Police force is under tremendous pressure on account of multiple activities conducted by public on road. This requires public participation. The traffic police will engage Sahayaks from area of their location for enforcing rules. Such Sahayaks will be given 10%  of collections of fine to keep them engaged.
  8. Driving against the flow of traffic to avail of short cuts will entail a fine of Rs. 5000/-.or imprisonment for day.
  9. Any pedestrian walking on the road with ear phones or mobile are danger to vehicular traffic. Any such pedestrian endangering his own life or others on the road will be fined Rs. 5000/- on the spot or detention for the day.
  10. The manufacturer of vehicles responsible for release of defective vehicles in market will on occurrence of accident on account of said cause as per a formula to be drawn by Transport department will share the loss. This amount will be utilized to provide safety equipment by way of cameras, guards on roads making of zebra crossing etc. The funds collected in a month of year must be spent within the   6 months on improvements.
  11. All schools providing for bus service to pick and drop students will disembark and pick up students inside the school ground by moving in and out in a file. This will ensure safety of children.
  12. An accident leading to death or disablement of victim for a substantial period from livelihood or source of income may be allowed to compromise with offending vehicle owner /agency by payment of compensation of not less than Rs. 10 lakhs which may increase every 3 years to offset the loss of earning to offset the adverse impact of inflation.  However the offending driver will be required to serve at least 1/3rd of the minimum punishment prescribed.
  13. All vehicle manufacturers will ensure that the head and rear lights on a vehicle are so fixed that the light form the running vehicle does not negatively impact the visibility of the driver in the front or rear.
  14. Several municipal authorities and State Governments have constructed underground or over ground parking shelters which are not use by vehicle owners. In order to incentivize the usage the parking of vehicles in such areas will be experimentally allowed to be parked free for 10 hours a day. The fee lost to the owner Municipality will be made good by the Traffic police from its income from challans.
  15. In the event of theft of a vehicle on settlement of the claim by Insurance Co. the proportionate road tax from the date of theft to the outstanding period may be refunded by the regional transport authority to the registered owner. This will help in recovery of the vehicle if being issued at another location.
  16. All taxi aggregators will enroll their passengers by login of Pan Card and allow the use of the vehicle only to registered users. This will help in identity of passengers who misbehave with co passengers.
  17. The traffic Dept. will arrange to display fines payable on violation of traffic rules at all prominent locations viz. Malls, Markets, Railway Stations,  Bus terminals etc.
  18. The Driving License will incorporate the licensees consent to organ donation in case of death of owing to an accident. This practice is prevalent in many European countries. In case a body remains unclaimed or prescribed number of days before cremation as per rules the organs can be utilized for new life to those in need.





S. G. AFZAL BIYA BANI, M.A(Eng),B.Ed, CIAFP, IRCC, CertCII, FIII, FRMAI, RIMS-CRMP, SIRM, FIIRSM,

Insurance-Lead @ Al Muhaidib Group | Brand Ambassador-Risk Management Association of India| FIIRSM in Risk Management | Resident Editor- The Insurance Times Magazine | Technical Specialist at IRM, London.

6 年
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P Subramanian

Founder & Partner at CREAM Advisory LLP

6 年

Many of the suggestions are good; add that there shall be no 2 way roads and if inevitable dividing median should be erected. Improving road condition, eliminating encroachments, enforcing discipline of road users, strictly prohibiting use of old vehicles, ensuring annual fitness for any vehicle beyond 10 years and making licensing procedure rigorously honest will alone result in reduction of road accidents by 99 %! For accidents due to poor infrastructure, government should bear 50% of Court award, if not 100!

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K R Subramanian

In Search of Truth

6 年

Grover Sir, Wonderful socially conscious recommendations. Hope those in? power listen to an insurance industry veteran and institution builder like you.?

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