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Old 6th September 2019, 18:18   #316
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Default Re: Let's know the law (Motor Vehicles Act)

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Originally Posted by ant_vas View Post
Is any member aware of the working time of traffic lights or are they 24x7? coz most of the lights start blinking yellow by mid night.
In this city, they used to go to flashing amber at, if I recall correctly, 10pm. Since then, variety seems to be the word. Some busier junctions have 24-hour active signals. Some are switched to flashing yellow... and I have even seen all lights set to red!
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Old 9th September 2019, 12:34   #317
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Default Re: Let's know the law (Motor Vehicles Act)

What does the MV act have to say about seat belts for rear passengers ? Can states have their own rules for seat belts ?

Asking this in view of the recent increase in fines for not wearing seatbelts. Did some search on google but did not find any reliable information.
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Old 9th September 2019, 12:41   #318
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Default Re: Let's know the law (Motor Vehicles Act)

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What does the MV act have to say about seat belts for rear passengers ? Can states have their own rules for seat belts ?

Asking this in view of the recent increase in fines for not wearing seatbelts. Did some search on google but did not find any reliable information.
Irrespective of what the laws state and the fines thereof, isn't it good practice for all occupants to be strapped? After all, recent cars have seat belts for rear passengers as well.
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Old 9th September 2019, 12:45   #319
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Default Re: Let's know the law (Motor Vehicles Act)

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Originally Posted by sdp1975 View Post
What does the MV act have to say about seat belts for rear passengers ? Can states have their own rules for seat belts ?
Attaching this document received on whatsapp, purportedly from Delhi Traffic police website. It mentions regarding your query and may be helpful for other questions.
Attached Files
File Type: pdf traffic offences.pdf (297.4 KB, 181 views)
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Old 9th September 2019, 13:48   #320
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Default Re: Let's know the law (Motor Vehicles Act)

It appears that all passengers, including rear ones, are required to wear a seat belt.

Quote:
194B. (1) Whoever drives a motor vehicle without wearing a safety belt or carries
passengers not wearing seat belts shall be punishable with a fine of one thousand
rupees:

Provided that the State Government, may by notification in the Official Gazette,
exclude the application of this sub-section to transport vehicles to carry standing
passengers or other specified classes of transport vehicles.

(2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be
driven with a child who, not having attained the age of fourteen years, is not secured
by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees.
Source
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Old 9th September 2019, 16:37   #321
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Default Re: Let's know the law (Motor Vehicles Act)

Folks - got some spare time today. Used that to compare the MV Act 1988 and the MV Amendment Act of 2019 which made the changes. I summarised the changes in the form of a small document. Attaching it here. Standard disclaimers apply .

I am a bit surprised that various state governments are saying that they will NOT implement the Act, or are worried about steep fines etc. A cursory look at Section 200 gives a good list of traffic violations in which the state governments can redefine the fine amount and also "compound it" (i.e levy a spot fine). Most of the minor infractions/violations are already under the list. State governments can reduce the fines; but given the need of some quick money most of the state governments will NOT do that (and they will blame the central government for a "harsh" law).

License suspension under Section 206 is for a bit more serious offences (like racing, drunk driving, over speeding - second violation etc.). What many people may find irritating are the license suspension for triple riding and helmet-less riding. Because lot of people have got so used to riding a motor cycle in a certain way . That I am sure is going to get lots of people riled up. But other wise, what I could glean from the amendment is that serious punishments are given for serious offences only.

Quote:
Originally Posted by sdp1975
What does the MV act have to say about seat belts for rear passengers ? Can states have their own rules for seat belts ?
Driver and all passengers needs to have seat belts on. State government can notify certain type of vehicles which need to have passengers to have seat belts. But this most likely would only be applicable to vehicles like buses.
Attached Files
File Type: pdf MV_Act_2019_Primer.pdf (835.5 KB, 98 views)
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Old 11th September 2019, 12:04   #322
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Default Re: Let's know the law (Motor Vehicles Act)

I request for suggestions on this peculiar problem I am facing.

I took a car; Wagon R Stingray, under company lease plan in 2014. The car was registered in Company's name with Kolkata office address. The tenure of the agreement was completed in 2017 and company provided the required document for ownership transfer, hypothecation removal and others.

However, in the car registration certificate /smart card, the address which was mentioned is no longer valid as the company closed that office in 2015 and at present company is not maintaing any office in Kolkata.

I applied for a NOC for ownership transfer with required forms at Kolkata Beltala RTO which was not approved. In the verification process, the registration book address could not be verified. No latest document is available as address proof.

The car is in my possession and in the Insurance document my name is mentioned as user. I am also having an authorisation statement as user employee in company's letter head. I recently paid road tax online for next five years.

I recently changed my job and would not get any further support from my previous company except issuance of sales papers like form 30 etc.


Under this circumstances, what should I do; should I continue to use the vehicle or scrap it ? The car is having only 39 thousands kms run in odo and in good condition.

There are two issues not in conformance with MV acts

1. The address mentioned in the RC card is no longer valid.

2. The car has been sold to me but ownership transfer is yet to happen.

Please suggest .

PS: Moderators - please remove if this post is not appropriate for this thread

Last edited by Subby : 11th September 2019 at 12:15.
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Old 24th September 2019, 13:02   #323
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Default Re: Let's know the law (Motor Vehicles Act)

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There are two issues not in conformance with MV acts
1. The address mentioned in the RC card is no longer valid.
2. The car has been sold to me but ownership transfer is yet to happen.
My suggestion would be to first consult a vehicle dealer/dealer of used cars in the capacity of a "consultant". They would have experience in dealing with similar situations.

If that fails, then consult a lawyer/notary who can perhaps advice you on the next steps. There are some tactics like giving a gazette notification on news papers, waiting for some time period and then getting the re-registration done.
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Old 24th September 2019, 17:11   #324
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Default Re: Let's know the law (Motor Vehicles Act)

So, not wearing seat-belts is a punishable offence. Is there any clarification mentioned about cars that do not have seat-belts, like old cars for example?

I know there is an exemption for buses etc., my question is different.

I would not wish to be penalised for driving a car that never had a seat-belt, like an old Ambassador or Fiat or Premier or an old mahindra etc.

Cheers
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Old 26th September 2019, 09:38   #325
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Default Re: Let's know the law (Motor Vehicles Act)

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So, not wearing seat-belts is a punishable offence. Is there any clarification mentioned about cars that do not have seat-belts, like old cars for example?
The states can make neccessary amendments in their MV rules and issue a notification. Public transport buses would any way be an exception, but states can notify that vehicles made before a certain year (when seat belts were not common) can be exempted.

The MV Act (even after amendment) actually gives lots of leeway to the state governments to decide on various things. We may have to check CMVR also to see if there is already a rule which says that seat belts are not required for very old cars.
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Old 26th September 2019, 19:28   #326
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Default Re: Let's know the law (Motor Vehicles Act)

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Originally Posted by sachinpk View Post
My suggestion would be to first consult a vehicle dealer/dealer of used cars in the capacity of a "consultant". They would have experience in dealing with similar situations.

If that fails, then consult a lawyer/notary who can perhaps advice you on the next steps. There are some tactics like giving a gazette notification on news papers, waiting for some time period and then getting the re-registration done.
Thanks for your suggestions!

I already tried the first option with one used vehicle dealer and although he promised to get the things done and had taken his hefty service charge, in reality he could not do much.

The option II is risky at this juncture; the process is lengthy, and it may take more than six months to complete, given the work culture of local RTOs. From 2020 April, there will not be any new registration of BS IV vehicles in Kolkata PVD and I will be once again in trouble to re-register.

It seems, I do not have options other than continuing the vehicle with its current status.
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Old 7th October 2019, 13:31   #327
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Default Re: Let's know the law (Motor Vehicles Act)

Looks like initial Buzz around new MV act Amendements is waned. What do you guys feel, the change is being felt on the ground or regular chicken business is back?

I do not have first hand experience of this change as I am sitting abroad. I was waiting for new MV act since it was first introduced and now it being implemented I am curious to know situation on the ground.
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Old 7th October 2019, 19:23   #328
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Default Re: Let's know the law (Motor Vehicles Act)

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Looks like initial Buzz around new MV act Amendements is waned. What do you guys feel, the change is being felt on the ground or regular chicken business is back?
Two visible changes I noticed;
1. Two wheeler riders wearing a helmet (or at least some thing which looks like a helmet)
2. People queing up in front of PUC centres to get the pollution check done.

But looks like many state governments are in a slow & steady approach, and have not started conducting bigger operations to penalise offenders. But over a period of time they should start the enforcement. No state government is a saint so as not to ignore the revenue through enhanced fines.
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Old 8th October 2019, 12:37   #329
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Default Re: Let's know the law (Motor Vehicles Act)

Supreme Court says person committing offence under Motor Vehicles Act can also be booked under IPC. This can be a huge setback for offenders.

More here
News18: Person Committing Offence under Motor Vehciles Act Can Also be Booked under IPC, Says SC.
https://www.news18.com/news/india/pe...c-2336621.html
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Old 8th October 2019, 12:55   #330
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Default Re: Let's know the law (Motor Vehicles Act)

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Originally Posted by ant_vas View Post
With multiple news items of traffic fines, i checked online .........
Where do we check this?
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