Can States cut MVA fines? Centre seeks legal opinion

| | New Delhi
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Can States cut MVA fines? Centre seeks legal opinion

Friday, 13 September 2019 | PNS | New Delhi

Can States cut MVA fines? Centre seeks legal opinion

UP, K’taka join other States in relaxing road Act penalties

Amid public outcry over the imposition of hefty fines under the new Motor Vehicles Act (MVA) and more States like Uttar Pradesh and   Karnataka refusing  to implement the Act in totality, the Union Road Transport and Highways Ministry  has sought a legal opinion on whether States can reduce fines below the minimum penalty fixed in the amended Act.

The BJP Governments in Gujarat, Maharashtra  and Uttarakhand have already announced reduction in fines.

“We have sought an opinion from the Department of Legal Affairs, Ministry of Law and Justice, whether States are empowered to reduce the penalties below the minimum fine fixed under the amended Act,” said a Ministry official.

“Once we get clarity from the Ministry of Law whether the States have the power to reduce fines below the floor penalty fixed, we will take appropriate step based on their reply,” the official added.

The official said under the amended Act where the penalty for traffic offences mention “fine of up to”, the States can decide on penalties, but where there is a fixed fine as per the provision, these could not be lowered. The Act also provides that offences under various categories can be compounded and for these State Governments can notify quantum of penalty.

On Wednesday, Road Transport and Highways Minister Nitin Gadkari  had defended the new MVA saying it was not for revenue generation but to save precious lives.

Opposition-ruled States like Madhya Pradesh and West Bengal have refused to implement the new law.

UP Transport Minister Ashok Kataria said the State Government is “relaxing the fines for now”. Another BJP ruled State of Karnataka decided to go against the provisions of MVA penalties.

“In the interest of the people of Uttar Pradesh, the Government is reconsidering what and how it should be done,” Kataria said on the implementation of the MVA fines. “We will soon take a decision and come out with the rates of penalty,” he said.

Karnataka Chief Minister BS Yediyurappa said, “Regarding the cut in the penalties for violation of traffic rules under MVA, we will get the orders of the Gujarat Government. I have instructed our officials that we will follow that order here also. Mostly in about two-three days like in Gujarat, here also we will try to cut the penalties that are high,” Yediyurappa said.

Uttarkhand Cabinet on the other hand cleared the proposal to reduce some of the penalties by half. But it decided not to relax fines for driving without wearing helmets, speeding or tripling on two wheelers.

Meanwhile, police and people clashed on the streets of Patna when traffic cops fined a woman driver for not wearing seat belt. The police had to resort to lathi charge. In several other parts of the country, similar clashes have been reported.

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