Can (Un)affordable Fines Bring Down Traffic Violations?

It is well known that India is one of the most accident-prone countries in the world, accounting for nearly 1, 50,000 deaths — 10% of all motor vehicles-related fatalities worldwide. However, the debate often revolves around how to minimize road accidents. It is a popular saying in our country that rules are made to be broken. This is hundred percent applicable on the traffic rules. About ninety percent of people neglect the rules that's why the casualties caused by road accidents in India are the highest in the world.

There are traffic rules to save our life when we are on roads, may be on a bike or a car, on rickshaw or a taxi, even if we are pedestrians some traffic rules are there as well. It is difficult to say whether most of the people actually know about the traffic rules. Everyone wants to reach early to their respective destination, for same he/she may neglect the traffic rules or does something which may lead to a long traffic jam causing a lot of inconvenience to everyone.

Keeping in mind the same idea of minimizing road accidents and reducing the problem of traffic jam, The Motor Vehicles (Amendment) Bill, 2019 was passed by the Rajya Sabha on July 31. To make roads safer, the Centre in consultation with State Transport Ministers came up with this Bill to amend the Motor Vehicles Act, 1988. The changes made include higher fines for traffic violations and stricter penalties. Under the amended Act, violators are being penalized 1,000 as opposed to 100 earlier for riding without helmet or seat belt; 2,000 instead of 400 for over speeding, 5,000 instead of 500 for driving without license and 10,000 instead of 2,000 for drunk driving. It is a good step which will and even is bringing the positive results, i.e. reduction in traffic violation cases. According to a report, in the first month after implementation of the amended Motor Vehicles Act, traffic challans issued by the police saw a decline of 66.8%, data shared by Delhi Police shows. Officials said that in September 2018, the total number of challans issued by traffic police were 5, 24,819, but in September 2019 the number of challans issued stood at 1, 73,921.

The steep penalties for violation of road rules that came into force on September 1 under the Motor Vehicles (Amendment) Act, 2019 have produced a backlash, with several State governments opting to reduce the quantum of fines, or even to reject the new provisions. 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. Motorists have reacted with outrage at the imposition of fines by the police. Union Transport Minister Nitin Gadkari has reiterated that it is left to the States to choose the quantum of fines, since it is their responsibility to bring about deterrence and protect the lives of citizens. Mr. Gadkari’s argument is valid, and the intent behind amending the Motor Vehicles Act cannot be faulted. After all, India has some of the deadliest roads in the world, and 1, 47,913 people had died in road accidents only during 2017. The question that has arisen is whether enhanced fines can radically change this record when other determinants, beginning with administrative reform, remain untouched.

But a major requisite for the success of this amendment is that the traffic police must be on duty and be honest at the same time. Corruption in our country has spread in such a way that most of the laws have being proved futile. State governments also cannot escape responsibility for failing to reform their Regional Transport Authorities, since these offices are generally steeped in corruption. In fact there is no bad law at all, but implication of them may make them bad or good. This new law is also good because financial loss will pressurize people to follow rules. Moreover, the problem of traffic jam will also be solved if everyone is ready to follow the traffic rules.

‘Alert Today, Alive Tomorrow’ – goes the popular saying. With the new Act, it is: ‘Be Alert To Rules, To Save Your Pocket’.

[Author Neeraj Kumar Jain is a first year law student at USLLS, GGSIPU]