Sections 1, 2, 2B, 8, 9 and 10 of the Motor Vehicles Amendment Act 2019
These opening amendments introduced important definitions, enabled exemptions for innovation and research, modernised learner-licence and driving-licence procedures, and replaced the former expression "invalid carriage" with "adapted vehicle".
Section 1 - Short title and commencement
The amending legislation is called the Motor Vehicles (Amendment) Act, 2019. It permits the Central Government to bring different provisions into force on different dates by notification in the Official Gazette.
Section 2 - Important definitions introduced or amended in 2019
Section 2 of the Motor Vehicles Act contains definitions used throughout the Act. The 2019 amendment revised existing expressions and inserted several new ones.
A motor vehicle specially designed and constructed, or altered under section 52(2), for the use of a person suffering from a physical defect or disability and used solely by or for that person.
AggregatorA digital intermediary or marketplace through which a passenger connects with a driver for transportation. This definition supports the licensing framework under section 93.
Community serviceUnpaid work that a person is required to perform as punishment for an offence committed under the Act.
Driver refresher training courseThe course referred to in section 19(2A), relevant to drivers whose licences are suspended in circumstances covered by the Act.
Golden hourThe one-hour period following a traumatic injury during which prompt medical care has the highest likelihood of preventing death.
Testing agencyAn entity designated as a testing agency under section 110B.
Section 2B - Promotion of innovation
Section 2B contains a non-obstante clause allowing the Central Government, subject to prescribed conditions, to exempt certain types of mechanically propelled vehicles from provisions of the Act to promote innovation, research and development in vehicular engineering, mechanically propelled vehicles and transportation generally.
Section 8 - Learner's licence
The 2019 amendment modernised the learner-licence process by widening the licensing-authority jurisdiction within a State and expressly enabling electronic procedures.
The amendment replaced the earlier territorial formulation with "any of the licensing authority in the State".
Electronic application and licenceApplications may be submitted in the prescribed manner, including electronic means. A licensing authority may issue a learner's licence electronically in the manner prescribed by the Central Government and may verify the applicant's identity as prescribed.
Adapted vehicle terminologyThe former expression "invalid carriage" was replaced by "adapted vehicle".
Section 9 - Grant of driving licence
Section 9 governs applications for driving licences and the conditions for their grant. The 2019 amendment removed the earlier minimum educational qualification wording for transport-vehicle applicants and introduced other licensing reforms.
The amendment allows application to any licensing authority in the State rather than only the authority having territorial jurisdiction in the area.
Adapted vehicleA driving licence for an adapted vehicle may be issued if the licensing authority is satisfied that the applicant is fit to drive that motor vehicle.
Remedial driver trainingWhere the statutory circumstances following a failed driving test apply, the applicant is required to complete a remedial driver training course from a school or establishment under section 12 before the next test in accordance with section 9.
Section 10 - Form and contents of driving licences
Section 10 specifies the classes of motor vehicles that may be authorised by a driving licence. The 2019 amendment replaced the obsolete expression "invalid carriage" in section 10(2)(c) with "adapted vehicle".
Motor Vehicles (Amendment) Act, 2019 - original amendment text
THE MOTOR VEHICLES (AMENDMENT) ACT, 2019
NO. 32 OF 2019
[9th August, 2019.]
An Act further to amend the Motor Vehicles Act, 1988.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows:-
CHAPTER I PRELIMINARY
Short title and commencement
1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2019. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Amendment of section 2 of Motor Vehicles act
2. In the Motor Vehicles Act, 1988 (hereinafter referred to as the principal
Act), in
section 2,-
(i) for clause (1), the following clauses shall be substituted, namely:-
'(1) "adapted vehicle" means a motor vehicle either specially designed and
constructed, or to which alterations have been made under sub-section (2) of
section 52, for the use of a person suffering from any physical defect or
disability, and used solely by or for such person;
(1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;
(1B) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;';
(ii) after clause (4), the following clause shall be inserted, namely:-
'(4A) "community service" means an unpaid work which a person is required to
perform as a punishment for an offence committed under this Act;';
(iii) after clause (9), the following clause shall be inserted, namely:- '(9A) "driver refresher training course" means the course referred to in sub-section (2A) of section 19;';
(iv) after clause (12), the following clause shall be inserted, namely:-
'(12A) "golden hour" means the time period lasting one hour following a
traumatic injury during which there is highest likelihood of preventing death by
providing prompt medical care;';
(v) clause (18) shall be omitted;
(vi) in clause (24), for the words "invalid carriage", the words "adapted
vehicle" shall be substituted;
(vii) in clause (26), for the words "invalid carriage", the words "adapted vehicle" shall be substituted;
(viii) after clause (38), the following clause shall be inserted, namely:-
'(38A) "scheme" means a scheme framed under this Act;';
(ix) after clause (42), the following clause shall be inserted, namely:-
'(42A) "testing agency" means any entity designated as a testing agency under
section 110B;';
(x) in clause (49), after the word "rests", the words "or moves" shall be inserted.
Insertion of new section 2B. Promotion of innovation
3. After section 2A of the principal Act, the following section shall be inserted, namely:- "2B. Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.".
Amendment of section 8 of Motor Vehicles Act
4. In section 8 of the principal Act,-
(i) in sub-section (1), for the words "the licensing authority having
jurisdiction
in the area", the words "any of the licensing authority in the State" shall be
substituted;
(ii) in sub-section (2), for the words "and with such fee", the words "with such fee and submit in such manner, including electronic means" shall be substituted;
(iii) in sub-section (3),-
(a) after the word "application", the words "to drive a transport vehicle made"
shall be inserted;
(b) the proviso shall be omitted;
(iv) in sub-section (4), in the proviso, for the words "invalid carriage", the words "adapted vehicle" shall be substituted;
(v) in sub-section (5), for the words "passes to the satisfaction of the licensing authority such test", the words "satisfies such conditions" shall be substituted;
(vi) in sub-section (6), after the proviso, the following provisos shall be
inserted,
namely:-
"Provided further that a licencing authority may issue a learner's licence in electronic form and such manner as may be prescribed by the Central Government.:
Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.".
Amendment of section 9 of Motor Vehicles Act
5. In section 9 of the principal Act,-
(i) in sub-section (1), for the words "the licensing authority having
jurisdiction in the area", the words "any licensing authority in the State"
shall be substituted;
(ii) in sub-section (3), for the second proviso, the following proviso shall be substituted, namely:-
"Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.";
(iii) in sub-section (4), the words "such minimum educational qualification as may be prescribed by the Central Government and" shall be omitted;
(iv) in sub-section (5), in the proviso, after the words "last such test", the words and figures "and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12" shall be inserted.
Amendment of section 10 of Motor Vehicles Act
6. In section 10 of the principal Act, in sub-section (2), in clause (c), for the words "invalid carriage", the words "adapted vehicle" shall be substituted.
Official resources
India Code - official legislation portal
Motor Vehicles Act, 1988 - consolidated official text
Motor Vehicles (Amendment) Act, 2019 - MoRTH