While locals are perfectly justified in demanding postponement of new fines under MV Act, there are an equal number of valid reasons to give the new legislation a go
PACHU MENON
The amended Motor Vehicles Act is getting murkier with every passing day! The news that BJP-ruled Gujarat has announced a drastic cut in penalties for traffic violations even as the Centre is justifying the steep fine under the amended Motor Vehicles Act does come as a whiff of fresh air for the public unduly worried over the prospects of such rules taking firm roots in a system that is already ‘enriched’ with enough avenues for corruption.
Taking a cue from Gujarat, Goa’s Transport Minister has hinted at reducing certain steep fines brought in by the new Act.
Now, Karnataka too has decided to adopt drastic cuts in the harsh fines imposed a la Gujarat. With news that Bengal and Maharashtra will not implement the amended MV Act, it is as if the entire nation has risen up in arms against the Centre vis-à-vis the new bill.
And the very fact that many state governments have thought the better of antagonizing the aam janata and decided to look for assuaging factors to combat the rigidities of the amended Act makes it evident that the Centre has not taken the states into confidence while formulating the revisions.
Besides, what purpose does a bill serve if it is not implemented uniformly across the country on the specified date!
The Motor Vehicles (Amended) Bill, 2019 seeks to amend the Motor Vehicles Act, 1988 to provide for road safety. The Act provides for grant of licenses and permits related to motor vehicles, standards for motor vehicles, and penalties for violation of these provisions.
Rules pertaining to road safety and safe driving have always existed, but vehicle owners managed to evade prosecution by coughing up the paltry fines. Hence, the new penalties under the Amendment Act while mind boggling, has instilled fear of the law in people.
If the mad rush of vehicles turning up at pollution checking centers across the country for PUC certificates is any idea of this new-found fear, then it is pretty clear that many motorists are without the mandatory documents thus directly violating traffic rules.
The decision by the Goa government to keep on hold implementation of the new grossly enhanced fines notified by the Centre under MV Act until repairs to pot-hole ridden roads in the state are taken up post the monsoon is apparently a resolution endorsed by vox populi.
The demands by the Opposition leader to defer the enactment of the new laws till basic infrastructure is made available to the public for safe, secure and smooth driving, and the safety of pedestrians is ensured also played an effective role resulting in the sudden volte face by the government vis-à-vis the operational dates.
Just the other day the Transport Minister was on record saying that it was not possible to co-relate the matter of the hiked penalties and the repair of ‘crater’ infested roads as they were entirely different issues altogether. But then, imposing fines for traffic infringements on roads entirely unfit for commuting is unheard of too.
In all fairness, Goa needs to have good motorable roads before the administration can even think of imposing the punitive Act in the state.
The locals are perfectly justified in their demands for a postponement of the unnerving MV Act, at least until such time that the authorities settle their commuting woes.
But having said that; their conditions notwithstanding, driving on the Goan roads has not been without its share of calamities either! A harrowing experience to say the least, the rickety ride and the traffic-senselessness of the motorists has always complimented each other making every outing on the Goan roads an unforgettable one.
Without the law department giving its nod to the draft notification empowering enforcement agencies to compound traffic offences, the implementation of the amended MV Act stipulating steep traffic fines may take longer than expected.
However, with uncertainties looming large over the quantum of fines that would be imposed for various violations vis-à-vis the amended Act, it would be appropriate to have an awareness drive conducted by the traffic authorities explaining various nuances about the bill to the public and lay to rest various apprehensions they may have over it, before it is implemented in toto.
The competence of the enforcement agencies too will prove to be a stumbling block in the effective execution of the Act.
Traffic personnel need to refrain from doing everything by the book. The need to actually differentiate between an offence and an oversight should gain precedence in the normal course of events. As traffic monitors, they are in the best position to judge who should be fined or let off with a stern warning.
It is finally all about understanding and interpreting the law in its true spirit on the basis of which enforcers will fine the erring parties. Hence it becomes pertinent that traffic authorities are given meticulous training on the matters related to the amended Act before they are deputed on field.
The administration on its part should be cautious about burdening traffic enforcers with an authority that far exceeds their limited knowledge.
While there may be umpteen excuses to discourage the implementation enhanced fines for traffic violations, there are an equal number of valid reasons to give the new legislation a go, if only to minimize the risks on our roads!
