With much opposition to this, here is a look at the causes and the measures to be taken.
How is the implementation of the Act?
Motorists have reacted with outrage at the imposition of fines by the police.
Many State governments have opted to reduce the quantum of fines, or even to reject the new provisions.
E.g. Gujarat has announced a substantial reduction in the fines, West Bengal has refused to adopt the higher penalties
Karnataka and Kerala are studying the prospects to make the provisions less stringent, and others are proceeding with caution.
Is the law itself unjustified?
India has some of the deadliest roads in the world, and close to 1,48,000 people died in road accidents only during 2017.
So, the intent behind amending the Motor Vehicles Act cannot be faulted.
Besides, the Union Transport Minister has reiterated that it is left to the States to choose the quantum of fines.
This is because it is the states’ responsibility to bring about deterrence and protect the lives of citizens. This argument is also valid.
Why is the opposition then?
The outrage is especially due to the fact that State governments are enforcing the law without at first upgrading road infrastructure.
They have neither made the administrative arrangements for issue of transport documents.
So, the question is whether enhanced fines can radically change the accident record when other determinants as the above are not addressed.
What is the provision in this regard?
The core of reform lies in Section 198(A) of the amended law.
It requires any designated authority, contractor, consultant or concessionaire to meet the standards laid down by the Central government.
These are those responsible for the design or construction or maintenance of the safety standards of the road.
This provision prescribes a penalty for a violation leading to death or disability.
It can be enforced through litigation by road users in all States.
Since the standards are laid down, compliance should be ensured without waiting for a road accident to prove it.
What should be done?
Until infrastructure meets legal requirements, fines and enforcement action are naturally liable to be challenged in courts.
[The condition of roads, traffic signals, signage and cautionary markings would all fall within its ambit.]
The culture of impunity that allows government vehicles and VIPs to ignore road rules should be put to an end.
State governments should reform their Regional Transport Authorities, as these offices are generally steeped in corruption.
The Union Transport Ministry should speed up making mandatory the electronic delivery of RTO services, which is being delayed for long.
Also, the National Road Safety Board should soon be formed to recommend important changes to infrastructure and enable professional accident investigation.
