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According to the Transport Commissioner of Kerala’s Motor Vehicle Department, it is forbidden to use helmet cameras and record recordings on public highways. Anyone who violates this regulation will have their license cancelled.
The Transport Commissioner claims that drivers who have helmet-mounted cameras find it difficult to focus on the road and become cognizant of the video that is being captured by their cameras. Because of this, such drivers become a hazard to other drivers and pedestrians.
The MV Act does not have a provision to such effect, yet the police nonetheless use Section 53 to revoke the offenders’ licenses. The MVD’s Section 53 addresses vehicle modifications and the temporary cancellation of the changed vehicle’s registration while it is being restored to its original state.
Importance Of Cameras On Road
On public roads, cameras are quite useful and important. While having a dashboard camera put on a car is already fairly common in other nations, the fad is now slowly spreading to India. While many motorcyclists use the cameras mounted on their helmets to film vlogs, many others utilize them as evidence if an accident occurs.
In India, using the dashboard camera or the one on your helmet is not against the law. However, utilizing the camera to record in or near sensitive locations, such as military bases or cantonments, can get you into plenty of problems. If something goes wrong on the road, using cameras on the roadways can help you with insurance.
We’re not sure if the police will forbid four-wheeler dashboard cams as well. Numerous such recordings have previously proved useful for submitting insurance claims and even for demonstrating compliance with laws and regulations.
Different countries have different rules
In some nations, dashboard cameras are extremely common. Others have put limitations on how these cameras can be used. Dashboard cameras are prohibited in Austria, for instance, and breaking the law can result in a sizable punishment.
To prevent them from violating the nation’s data protection principles, Swiss government authorities strictly discourage the usage of such dashboard cams. Dashboard cameras are allowed by the German government. However, unless and unless the faces and license plates of other vehicles are blurred, one cannot utilize the film from these cameras to post on social networking platforms.
Dashboard cameras are legal to own in Luxembourg, although they cannot be used to record on public roadways. There are currently no regulations governing the use or ownership of dashboard cameras in India.
Is this a reasonable objection?
Although the majority of action camera manufacturers claim that their mounts and cameras are made to break in the event of an impact, there are some questions regarding them. Helmet-mounted cameras are not permitted on racing tracks, according to the FIA (Fédération Internationale de l’Automobile), which oversees all motorsports.
The action camera mounted on the helmet was also cited in the investigation of F1 star Michael Schumacher’s skiing accident in 2013 as a contributing factor to the severe head injuries he incurred.
According to experiments carried out by certain outside organizations, cameras fitted on helmets actually lessen the force of a collision. This research hasn’t been formally approved, though. Putting everything else aside, they add to the weight and are clearly bad for aerodynamics. Overall, mounting something on the helmet may not be the best option.
What is the New Motor Vehicle (Amendment) Act, 2019?
Over the past few decades, India’s population of automobile owners has dramatically expanded. The number of automobiles on Indian roads and traffic in larger cities has increased, and this has led to a rise in accidents. The Motor Vehicle (Amendment) Act, 2019, was consequently introduced to improve the safety of driving on Indian roads and to emphasize the value of defensive driving among the younger generation. We shall examine the Motor Vehicle (Amendment) Act, 2019, in-depth in this post, as well as the significant changes it brought about.
In order to update the Motor Vehicle Act of 1988 and add new traffic regulations for road safety, the Motor Vehicle (Amendment) Bill, 2019, was introduced in the Lok Sabha in July 2019. The Additional Motor Vehicle (Amendment) Act, 2019, introduces new regulations for permits, licenses, and vehicle fitness requirements as well as tougher penalties for infractions of the law. Additionally, the amount of compensation granted in cases of death or injury has grown.
New Motor Vehicle (Amendment) Act, 2019- Penalties
The New Motor Vehicle (Amendment) Act, 2019, also known as the Motor Vehicles Act, (Amendment of 2019), brought about a number of changes by sharply raising the financial penalties for several traffic infractions. Let’s examine each of the new penalties under the Motor Vehicles (Amendment) Act of 2019 that have been in effect since September 1 of this year:
|Traffic Offence||Old Penalty as per Motor Vehicle Act, 1988||New Penalty as per Motor Vehicle (Amendment) Act, 2019|
|Vehicle without permit||Up to ₹5,000||Community service, imprisonment of up to 6 months and/or ₹10,000 fine|
|Unauthorised use of a vehicle without valid driving licence||₹1,000||₹1,000 – ₹5,000|
|Seizing motor vehicle by force/taking a vehicle without lawful authority||₹500||₹5,000|
|Racing/speeding||₹500||Community service, imprisonment of 1 month and/or ₹5,000 fine ;
for a subsequent offence- imprisonment of up to 1 month and/or ₹10,000 fine
|Road regulation violation||₹100||₹500|
|Power of officers to impound documents||N/A||Suspension of driving licence|
|Oversized vehicles||N/A||Community service and/or ₹5,000 – ₹10,000|
|Overloading of two-wheelers||₹100||₹2,000 fine, disqualification of licence for 3 months and/or community service|
|Overloading of passengers||N/A||₹1,000 per extra passenger|
|Overloading||₹2,000 + ₹1,000 per extra tonne||₹20,000 + ₹2,000 per extra tonne|
|Over-speeding||₹400||LMV: ₹1,000 – ₹2,000
MPV/HPV: ₹2,000 – ₹4,000 and/or impounding of driving licence
|Offences relating to an accident||N/A||For the first offence: imprisonment of up to 6 months and/or fine of up to ₹5,000;
For a subsequent offence: imprisonment of up to 1 year and/or ₹10,000 fine
|Offences committed by enforcing authorities||N/A||Twice the penalty under the relevant section|
|Offences by juveniles||N/A||The guardian/owner of the car shall be deemed to be guilty.
3 years’ imprisonment with a penalty of ₹25,000 and cancellation of the registration of the vehicle for 12 months.
The juvenile driving the car will be tried under the Juvenile Justice (Care and Protection of Children) Act, 2015.
|Obstructing the free flow of traffic||₹50||₹500|
|Not wearing a helmet while riding||₹100||Disqualification of driving licence for 3 months and/or ₹1,000 fine, community service|
|Not providing a way for emergency vehicles like ambulance||N/A||₹10,000 and/or community service|
|No Seat belt||₹100||₹1,000 and/or community service|
|Drunk driving||₹2,000||Imprisonment of 6 months-1 year and/or ₹10,000 fine for the first offence;
₹15,000 fine and/or imprisonment of up to 2 years for a subsequent offence
|Driving without insurance||₹1,000 and/or punishment up to 3 months||₹2,000 and/or imprisonment up to 3 months for the first offence;
₹4000 and/or imprisonment up to 3 months for the subsequent offence
|Driving without a valid driving licence||₹500||₹5,000 and/or community service|
|Driving when mentally/physically unfit to drive||₹200 for the first offence;
₹500 for a subsequent offence
|₹1,000 for the first offence;
₹2,000 for a subsequent offence
|Driving despite disqualification of licence||₹500||₹10,000 and/or community service|
|Disobedience of orders of authorities||₹500||₹2,000|
|Dangerous driving (e.g., jumping a red light)||₹1,000||₹1,000 – ₹5,000 fine and/or imprisonment of 6 months to 1 year for the first offence, seizure of licence;
₹10,000 fine and/or imprisonment of up to 2 years for a subsequent offence
|Aggregators (violations of licencing conditions)||N/A||₹25,000 to ₹1 Lakh|
|General offences||₹100 for the first offence;
₹300 for subsequent offence
|₹500 for the first offence;
₹1,500 for subsequent offence
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New Updates in the Central Motor Vehicle Act
The Central Motor Vehicle Rules, 1989 have recently undergone revisions by the Ministry of Road Transport and Highways. In accordance with the updated guidelines, the government has made two significant changes:
- Motorcycle safety equipment that is required
- Not every car needs a spare tire.
In addition to this, laws have been updated for motorcyclists, cars with tubeless tires, and auto manufacturers. Let’s examine these updated changes:
1. New Rules for Manufacturers
The new regulations require the following from Indian manufacturers:
- On the side of the motorcycle or behind the rider seat, there should be handholds for fellow riders. This should be done in accordance with the specifications provided in IS: 14495-1998.
- The motorcycle should have footrests on both sides.
- A safety feature that at least partially encloses the motorcycle’s back wheel. This prevents the co-riders’ clothing from being caught in the wheel, which could cause accidents while riding the bike.
- The motorcycle’s windscreen and window glass must be constructed of safety glass.
- The rear windows and windscreen of an automobile should have safety glass that transmits light at least 70% of the time.
2. New Rules for Motorcycles
The following specifications should be met by motorcycles that have a small container attached to them:
- The container’s length, breadth, and height cannot be greater than 550 mm, 510 mm, and 500 mm.
- The container’s total weight, including the mounting and load carrier, cannot be more than 30 kg.
- No co-rider is permitted if the container is installed in the co-rider space.
The motorbike produced starting in January 2022 must adhere to the specifications in AIS 146:2018 until the appropriate BIS specifications are announced in accordance with the Bureau of Indian Standards Act, 2016. (11 of 2016).
3. New Rule for Cars with Tubeless Tyres
Additionally, vehicles equipped with tubeless tires can now be driven without a spare tire as long as the driver has a tire repair kit and a tire pressure monitoring system (TPMS) on them at all times.
Benefits of the New Motor Vehicle (Amendment) Act, 2019
Following the passage of the Motor Vehicle (Amendment) Act of 2019, the following are the principal advantages for vehicle owners and the general public:
- The amount of compensation for accident victims and their families has been significantly enhanced.
- With the “Sarathi” and “Vahan” programs, provisions for quicker and more effective registration processes for automobiles have been introduced.
- The time it takes to receive a license has also been shortened by the online licensing application process. Now, drivers may now renew their licenses online.
- PUC regulations for automobiles have been improved in order to improve air quality by lowering emissions from automobiles.
- The public gains from the system’s increased efficiency, transparency, and lack of corruption as the entire challan-issuing process moves to digital form (e-challans).
What are the offences covered under the Motor Vehicle Act?
|Section under Motor Vehicle Act||Offence|
|Under section 3 r/w 181 Motor Vehicle Act||A person driving his vehicle without a valid licence|
|Under section 5 r/w 180 Motor Vehicle Act||A person allowing his vehicle to be driven by a person who does not have a valid licence|
|Under section 130(3) r/w 177 Motor Vehicle Act||A person not having all their relevant documents|
|Under section 130 r/w 177 Motor Vehicle Act||A person driving his vehicle without a valid insurance|
|Under section 130 r/w 177 Motor Vehicle Act||A person driving his vehicle without a valid permit|
|Under section 130 r/w 177 Motor Vehicle Act||A person driving his vehicle without a valid fitness|
|Under section 39 r/w 192 Motor Vehicle Act||A person without a valid R.C, for his vehicle|
|Under section 4 r/s 181 Motor Vehicle Act||A minor driving the vehicle|
|Under section 5 r/w 180 Motor Vehicle Act||Allowing an unauthorized person to drive|
|Under section 129 r/w 177 Motor Vehicle Act||A person riding without a helmet|
|Under section 138(3) CMVR 177 Motor Vehicle Act||A person driving his vehicle without fastening his seat belt|
|Under section 184 Motor Vehicle Act||A person found over-speeding and doing rash driving|
|Under section 112-183 Motor Vehicle Act||A person found doing hasty or dangerous driving|
|Under section 17(i) RRR 177 Motor Vehicle Act||A person driving in a one way against the way|
The government website provides detailed information about the various offenses under the motor vehicle act, including those relating to traffic violations, number plate violations, vehicle light violations, horn violations, traffic signal violations, speeding and overtaking violations, pollution violations, vehicle condition violations, parking violations, etc.
Safe Driving Tips
The following safe driving advice will assist you and your loved ones stay within the bounds of the law now that you are aware of the new traffic laws in India that went into effect in 2019 and the consequences associated with reckless driving.
- Prior to driving, double check that you have all the necessary documentation. Included in this are the RC book, the license, the permits, the pollution control certificate, etc.
- If you are lacking any of the aforementioned documents, register them right away to avoid getting caught.
- All of these documents can be stored digitally on your smartphone so that you always have access to them in case you leave them behind at home.
- Along with keeping the documentation close at hand, make sure you are adhering to the fundamental traffic safety rules. Under the new regulation, mistakes like not using a seatbelt can cost you a lot of money.
- Prior to traveling, have your car checked for any issues. Ascertain the functionality of all the safety equipment, including the brakes, headlights, taillights, indicators, and emergency lights.
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