Driving License & Vehicle Registration

During the deliberations of the meeting, the Committee also came across some suggestions which are worth consideration and may be included in the Bill, which will strengthen the Act further. Some of those points are as follows:

i) Wearing of headgear/helmet may be made mandatory for a two-wheeler rider, whether it is a 50 c.c. or 100 c.c. vehicle, if it is motorized then it should be compulsory for the riders (both major & minor).

ii) Mandatory test of competence must be fixed for driver.

iii) States may be delegated some powers to punish dealers, if they indulge in malpractices. (Section -56)

iv) Government vehicles may be exempted from getting insurance cover and the money saved from non-coverage should be spent on giving claims to accident victims through making a road safety fund.

v) Government may incorporate the provision for the manufacturers that the strength of axle of goods vehicle may be kept at par with the load to be carried by the vehicle.

vi) Indian roads are currently not suitable for vehicles which can run on 200km or 250km/hour speed and hence vehicles may be made which can better suit Indian road conditions. The provision in this regard may be added in the Bill

The Parliamentary Standing Committee observes that the insertion of a Clause to include new technologies, inventions and innovations in the Motor Vehicle Sector to develop and update itself with the modern technologies is a welcome step. Modern vehicular engineering will help in checking harmful emissions from the vehicles and save the ecosystem. Many states and stakeholder had raised issues about motor amendments in the act. One stakeholder put some important points regarding strengthening the licensing system and suggested that Central Government should prescribe minimum period for basic training. Along with driving certificate issued by a school or establishment, applicant shall undergo mandatory test of competence at the licensing centre. Bill should empower Central Government to formulate guidelines for accreditation, monitoring and moderation of school s and establishments. State Governments should formulate guidelines for regulation of training fees and license fees.

The Committee is of the view that Central Govt. should prescribe a mandatory test of competence for a new license holder under Section 9 of the Motor Vehicle Act. The competency test prescribed should be uniform throughout India and the State Governments should not be allowed to further dilute the prescribed competency test criteria.

The Committee notes that India is a fast moving country towards digitization and information technology revolutions. Internet has removed all sorts of geographical boundaries and enables the citizens to operate the network from anywhere in the country. The Government should adopt their own mechanism to check the identity proof and veracity of other documents physically before issuing the driving license.

The Committee appreciates the move taken by the Ministry to increase the time period of renewal of driving license before and after its expiry date. The Committee feels that this change will help those people who go abroad and return after a gap of substantial period.

Regarding amendment of Section 19, the Ministry has stated that the licensing authority shall have the power to disqualify a person from driving, if he or she has committed certain offences. For repeat offences, the driving license can be revoked. The section also provides for driver refresher training courses to enable drivers to unlearn bad driving habits.

The Ministry has further added that licensing system all over the country is becoming online and the data is directly getting recorded into the National Register. States have already adopted the Vahan and Sarathi applications. So data is being shared and if, there is change, it gets reflected.

The Committee hopes that the curriculum of training modules, regulation of schools and establishments to be set up in the States and the training modules itself should be formulated in consultation with the State Governments. The Committee recommends that appropriate guidelines may be formulated to transport the goods of hazardous and dangerous nature and also for specialized training programme for those drivers who are involved in driving of heavy oversized vehicles.

A number of State Governments are unhappy with the functioning of vehicle dealers as they are under-invoicing, overcharging customers on logistics/ handling charges, taking extra insurance premiums and indulging in other malpractices. However, the Committee recommends that strict guidelines may be prescribed for the functioning of the vehicle dealers. The registration of vehicle by dealers may be made optional to the States depending on the State’s specific requirements.

Delhi which is having the largest vehicular population is implementing the same scheme effectively. However, the Committee was informed that Delhi has implemented the scheme because it has inadequate officers to manage the vehicle registration whereas in many other States they have required infrastructure to deal with the vehicle registration. The Committee, therefore, recommends that this proposal in Clause 18 shall be made optional for the States to decide on the basis of the infrastructure and manpower available and the Committee further recommends that it should not be made as mandatory to be followed by all the States. The Committee also recommends that it may be implemented in such a way that the regional and local needs are effectively addressed and the dealers may not be able to manipulate the system or vehicle configurations to suit their needs.

The Committee observes that the change in address of vehicle owners is very common and it is the responsibility of the owner to intimate the authority in time. But, in the new amendment States are not involved in substitution of the existing addresses. The Committee recommends that the State Government may also be made part of the decision making body while making the final form of proof of authentication. The Committee recommends that the Authority which originally registered the vehicle should be involved while making the correction also.

The Committee observes that the proposed amendment is a step in right direction. It discourages the owner to hand over their vehicle to an unauthorized person who is not supposed to drive the vehicle. Such person may cause accident harming others‟ life and property besides committing an offence which is punishable under S.199-A.