MVA 2 — Various Committees, like, National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two

Motor Vehicles Act, 1988

Statutory text

2. Various Committees, like, National Transport Policy Committee, National Police Commission, Road Safety Committee, Low Powered Two -
Wheelers Committee, as also the Law Commission have gone into different aspects of road transport. They have recommended updating, simplification and rationalization of this law. Several Members of Parliament have also urged for comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to the modern - day requirements.
3. A Working Group was, therefore, constituted in January, 1984 to review all the provisions of the Motor Vehicles Act, 1939 and to submit draft proposals for a comprehensive legislation to replace the existing Act. This
Working Group took into account the suggestions and recommendations earlier made by various bodies and institutions like Central Institute of Road Transport (CIRT), Automotive Research Association of India (ARAI), and other transport organisations including, the manufacturers and the general public, Besides, obtaining comments of State Governments on the recommendations of the Working Group, these were discussed in a specially convened meeting of Transport Ministers of all States and Union territories. Some of the more important modifications so suggested related for taking care of -

(a) the fast increasing number of both commercial vehicles and personal vehicles in the country ;
(b) the need for encouraging adoption of higher technology in automotive sector;
(c) the greater flow of passenger and freight with the least impediments so that islands of isolation are not created leading to regional or local imbalances;
(d) concern for road safety standards, and pollution-control measures, standards for transportation of hazardous and explosive materials;
(e) simplification of procedure and policy liberalization's for private sector operations in the road transport field ; and (f) need for effective ways of tracking down traffic offenders.
4. The Supreme Court in M. K. Kunhimohammed v. P. A. Ahmedkutty (1987) 4 S.C.C. 284, has made certain suggestions to raise the limit of compensation payable as a result of motor accidents in respect of death and permanent disablement in the event of there being no proof of fault on the part of the person involved in the accident and also in hit and run motor accidents and to remove certain disparities in the liability of the insurer to pay compensation depending upon the class or type of vehicles involved in the accident. The above suggestions made by the Supreme Court have been incorporated in the Bill.

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