[sushantr5]

Originally Posted by binand

The process of creating law. PRS India tracks this:

http://www.prsindia.org/billtrack/th...ill-2016-4366/

Basically a complex law cannot be amended without consulting a bunch of ministries, departments, stakeholder groups, NGOs, statutory bodies, peoples' representatives etc. As you can see, the parliamentary committee was sitting on it between 16/8/16 and 2...

I do not understand one point in the bill, why cap third party liability? And it is too fixed at only 10 lakh. Instead it should enhance compensation to victims in the tune of crores. I do not understand, this sounds like regressive step. Please help me understanding this.

[binand]

Originally Posted by pedrolourenco

This should not take more than a few months. We have been hearing about this "New Bill" for many years now. In my mind I got to guess which of the following will come first; Suzuki Jimmy, Enfield V-Twin or this Bill. All are being launched "Very Shortly" for several years now. It just looks like they don't have the will to do it.

The earliest I can see is this:

https://www.team-bhp.com/news/govern...r-vehicle-bill

This is the one that is meandering through the lawmaking process now.

There are older references, but they all are about amending an article here or a clause there. None that implied a complete overhaul.

Originally Posted by pedrolourenco

This should not take more than a few months.

Let us see. It needs clearances/sign-offs from MoRTH, Finance, Home, Industry, Defence, Law, Aviation, MoIT, Labour, Agriculture, MoSPI and Tourism (all of which are potentially affected by changes in MV Act).

Among statutory bodies, I'd say at the very least IRDA, NHAI & TRAI have to be involved.

Since it is something that overlaps into states' powers (eg: uniform road tax) some time has to be spent listening to the states as well.

Then there are other pressure groups, like vehicle manufacturers' associations, user groups, activists/NGOs etc.

How can we expect all this to happen in a few months?

Not that parliament is not dragging its feet; but I believe Nitin Gadkari really wants to see this law through and therefore there is no shortage of executive will.

Originally Posted by pedrolourenco

This has being going on since Independence and will go on forever. Other Bills have been passed even with disruptions. I don't see why this one is taking so long.

Any non-trivial law that our parliament passed in the last 10 years probably, have gone through 2+ years gestation I'd say. Do you have any counter examples? Not things like changing a section or adding a clause; but complete rewrites (examples are IT Act in 2008, Companies Act in 2013 etc.).

Originally Posted by pedrolourenco

Has anyone seen a draft copy?

The draft copy is available for download on the PRS India link I posted yesterday.

Originally Posted by pedrolourenco

Not neccessarily. We don't need to ammend the constitution to adopt simple safety practices that the whole world follows.

I didn't say "amend the constitution". If we have to mandate anything in this nation, we need to have an enabling law. Otherwise the standards (you mentioned emission standards) aren't worth the megabytes they are stored on. Think about it - how do you enforce any standard (like punishing those who violate them) without a law backing it?

Originally Posted by sushantr5

I do not understand one point in the bill, why cap third party liability? And it is too fixed at only 10 lakh. Instead it should enhance compensation to victims in the tune of crores. I do not understand, this sounds like regressive step. Please help me understanding this.

Yep, and I can only think that this is due to continued pressure from the insurance companies. The SC guidelines on compensation results in 10L+ payouts in pretty much all cases of third-party liability, and with premia being price-controlled they were stuck. I think the right thing to do was to allow insurance companies fix premia based on driver's track record like they have in the west.

Btw, the present clause, as I understand it, is that MACT can award anything, just that the insurer's liability is capped. The balance of the money the vehicle owner has to pay. Basically if someone dies in an accident, then the vehicle owner can go bankrupt and the dependents of the victim will likely never be able to collect.

[rdst_1]

Originally Posted by sushantr5

I do not understand one point in the bill, why cap third party liability? And it is too fixed at only 10 lakh. Instead it should enhance compensation to victims in the tune of crores. I do not understand, this sounds like regressive step. Please help me understanding this.

These limits don't mean anything, as told to me by an insurance professional. If you look at your current insurance, even there a limit would be mentioned. Mine says 7.5L. When I enquired on why it is so low, they tild that this is standard contract and usually the victims go to court and have it increased according to their actual expenses etc. Has been done many times and there are many precedents using court judgements which mean that such limits don't mean anything in the real world.

[nvldvr]

Is the proposal for one nation one road tax also part of this amendment to MV Act? Or is that being moved separately? At what stage is this proposal and any guesses one when is it likely to be implemented ?

[sushantr5]

Originally Posted by rdst_1

These limits don't mean anything, as told to me by an insurance professional. If you look at your current insurance, even there a limit would be mentioned. Mine says 7.5L. When I enquired on why it is so low, they tild that this is standard contract and usually the victims go to court and have it increased according to their actual expenses etc. Has been done many times and there are many precedents using court judgements which mean that such limits don't mean anything in the real world.

Now I am reading that CAP has been removed. 2016 draft had this cap which has been removed in subsequent revision, which is good thing.

Source

[LionX]

Originally Posted by nvldvr

Is the proposal for one nation one road tax also part of this amendment to MV Act? Or is that being moved separately? At what stage is this proposal and any guesses one when is it likely to be implemented ?

Yes it is. In fact, that's one of the reason for the bill not passing in upper house.


A leader of a party from south India said, “The job of registering vehicles is being proposed to be passed on to vehicle dealers. The government says states will get the registration money. But it is not about money; it is about control. Who is the Centre to take away that control from the states, in state subject?”


https://indianexpress.com/article/in...-bill-5274459/

[nvldvr]

Originally Posted by LionX

Yes it is. In fact, that's one of the reason for the bill not passing in upper house.


[/url]

I am worried because I am planning a car purchase sometime towards the end of this year. I will register it in my native state of Himachal. If the one nation one road tax proposal gets implemented, I may have to pay 12% road tax against the current 3 or 4 % . Would be a substantial hit, considering that I am looking for an SUV in the 20-25 lakhs range. So if the passing of this bill is imminent, I might as well prepone the purchase.

[murthy_p]

Corrupt RTO lobby stalling passage of Motor Vehicle Amendment Bill: Gadkari

Union transport minister Nitin Gadkari lashed out at the "corrupt RTO association lobby" saying they are preventing the Motor Vehicle Amendment Bill, which targets both a reduction in corruption and road deaths, from becoming a law.

"Our proposed law is aimed at making roads safe and to root out corruption in this sector. We have made no provision that will end the power of the state governments. I am talking to all political parties and I can also give it in writing that there will be no dilution in the states' powers," Gadkari told reporters outside Parliament.

This is not the first time when Gadkari has slammed RTOs. On earlier occasions he had raised the issue of "Lakshmi Darshan", common man parlance for paying bribe in Maharashtra.

Speaking to TOI , the minister said, "It's a huge tragedy for any nation that loses 1.5 lakh lives annually and more than half of them are in their young age. In most cases families are ruined and pushed to poverty. I have requested political parties to support the bill to save lives, reduce injuries and the tragedy."

Though the bill was introduced during this session, the opposition parties have moved more than a dozen amendments, which forced the government to defer the discussion and passage of the bill.


https://timesofindia.indiatimes.com/...w/65236381.cms

[cool_dube]

Originally Posted by murthy_p

Corrupt RTO lobby stalling passage of Motor Vehicle Amendment Bill: Gadkari
...

Is tomorrow's nation-wide bandh staged to protest against this bill/act?

[itwasntme]

Originally Posted by cool_dube

Is tomorrow's nation-wide bandh staged to protest against this bill/act?

Yes, BLR likely to be badly affected tomorrow. Schools are already declaring holidays. Uber & Ola so far not joining the call.

[binand]

Originally Posted by itwasntme

Yes, BLR likely to be badly affected tomorrow. Schools are already declaring holidays. Uber & Ola so far not joining the call.

This article has some indications as to what could happen:

https://timesofindia.indiatimes.com/...w/67409881.cms

With BMTC striking, mass commuting will be a nightmare. Metro plans to run though.

Autos are striking; and going by past experience this will lead to vandalization of Uber/Ola. Which means they'll also stay away. In any case getting a cab would be near-impossible.

Intentional road blocks / tyre burnings have all happened in the past.

[SJM1214]

IRF urges Govt to ensure passage of Motor Bill in the upcoming Parliament session

Global road safety body IRF Tuesday urged the government to ensure the passage of the Motor Vehicle Amendment Bill in the upcoming session of Parliament.

The Motor Vehicles (Amendment) Bill, which has already been passed by the Lok Sabha, was introduced in the Upper House in April 2017, but was referred to a select panel. After taking into account the panel’s recommendation, the bill was re-introduced in Rajya Sabha but is pending there.

Article Source.

[SJM1214]

Global road safety body IRF Tuesday urged the government to ensure the passage of the Motor Vehicle Amendment Bill in the upcoming session of Parliament.

Nitin Gadkari’s plan to reform road rule hits a block

Union transport minister Nitin Gadkari’s plans to clear certain road safety provisions of the contentious Motor Vehicles Amendment Bill through government notifications have hit a roadblock, a senior ministry official with knowledge of the matter said.

The bill that was passed by the Lok Sabha in April 2017 has been stuck in the Rajya Sabha for the past one year because of objections by opposition parties that it will curtail the powers of state governments and favour corporate entities.

The bill, which seeks to amend the Motor Vehicles Act, 1988, was introduced by transport minister Nitin Gadkari in 2016 with the aim of making Indian roads safer in the aftermath of the death of former Union minister Gopinath Munde in a car crash in Delhi on June 3, 201

News Source.