The state governments cannot reduce traffic fines on their own unless with the assent of the president, the attorney general has said. In view of varying penalties set by states under the amended Motor Vehicle Act, the attorney general has said that the state governments cannot pass any law or take any executive action to lower the penalty below that what has been prescribed under the statutory provisions of the Motor Vehicles Act, unless the assent of the president is obtained.

"In my opinion, the Motor Vehicles Act, 1988 contains no guidance as to how the power of compounding is to be exercised by the state governments. Thus, while notifying compounding amounts under Section 200, they are to be broadly guided by the provisions of the Act itself," attorney general KK Venugopal has inter alia observed on the matter.

If a state government fails to implement the amended act, then the central government may issue necessary directions to the state.

"The disobedience of these directions could well attract the provisions of Article 356 of the Constitution of India, and one could therefore proceed on the basis that the central laws would implicitly be obeyed by the state governments," the attorney general has stated.

In September 2019, the Union government had sought legal opinion on whether the states could set penalties below the prescribed range under compoundable offences. In non-compoundable offences, the Union government was clear that the states cannot go below the prescribed limit.

The need to seek legal opinion arose when BJP-ruled Gujarat made a surprise move and reduced fines under the new Motor Vehicles Act, including those categories of compoundable offences where a range is not prescribed. For example, in case of not wearing a helmet, the state set the penalty at Rs 500, while this invited a fine of Rs 1,000 and disqualification of licence for three months as per the act.

Following this, several states, including Karnataka reviewed the traffic violation penalties.

Introduced for the first time in Lok Sabha in August 2016, the Motor Vehicles (Amendment) Bill was finally passed by Rajya Sabha in second attempt last year. The act has introduced amendments to Motor Vehicles Act 1988 and introduced a variety of provisions like new definitions of aggregator, community service, driver refresher training course, and enhanced penalty for driving without licence from a fine of up to Rs 500 to Rs 5,000 and for speeding from fine up to Rs 400 to fine of Rs 1,000.

The heavy penalities in the act are expected to ensure greater compliance and enhance deterrence for violation of traffic rules.

First Published:Jan 6, 2020 4:12 PM IST