Is the rise in road offence penalties overdone and counterproductive?

Subir Roy

The Motor Vehicles Act passed by the Lok Sabha incorporating the 2017 amendments has created waves and secured headlines. Under it, the Delhi area has fined a truck Rs 1.41 lakh for overloading while an autorickshaw has been fined Rs 47,500 in Odisha for plying without any papers.

The situation now is that sometimes the fines at the new rates can exceed the original cost of acquiring the vehicle in question.

Unsurprisingly, several states (this legislation comes under the concurrent list which allows states the right to exercise their discretion in enforcing the law) will not levy the new rates for fines whereas others will reduce them. It is understood that some Congress- ruled states like Punjab and Rajasthan, as also non-NDA ones like West Bengal, Kerala and Telangana, have decided not to fall in line. But the list also includes those like Karnataka, Gujarat and Maharashtra where the BJP is in power.

It is common sense that a new law, in its total impact, should not make things worse than what they were before. How do the new changes measure up against that yardstick?

Globally, India ranks high in road related offences which take a massive toll in terms of lives and disabilities, not counting the economic cost of damage to vehicles. So, it is high time the punishments under the old law were made far stricter.

But the critical issue is: How far do you go? India is also notorious for rent seeking and harassment by its law enforcers. It is a common experience of drivers that when you have got into an argument with a traffic cop and the fearsome sergeant on a motorbike with a challan book in hand is around, you are threatened with being booked for multiple offences – say, not just for jumping a red light but also “rash and negligent driving” thrown in.

Then, you have the option of saying sorry and paying up for the original offence or have your papers taken away and be told to “appear in court tomorrow” to get them back. This is not counting pure corruption, that is when you find you have the option to pay a smaller amount than the official fine and walk away.

The sum of all this is: Fines should be made truly steep so that they act as a deterrent but not so steep that they provide scope for unbearable harassment and massive corruption. A look at the new rates compared to the old ones will tell us how high is too high.

• Fine for driving without a licence up ten times from Rs 500 to Rs 5,000.
• For driving an unauthorised vehicle without licence, it’s up five times from Rs 1,000 to Rs 5,000.
• As for driving regardless of disqualification, the fine is up 20 times from Rs 500 to Rs 10,000.
• Dangerous or rash driving: Fine was earlier nil. Now, first-time offence attracts imprisonment of six months to one year and/or fine of Rs 1,000 to Rs 5,000; second time offence means imprisonment of up to two years and/or fine of up to Rs 10,000.
• Driving drunk or otherwise intoxicated: For first-time offence, penalty was earlier Rs 2,000, now Rs 10,000 and/or up to six months of imprisonment. For second-time offence, it was earlier Rs 2,000, but now Rs 15,000 and/or imprisonment of up to two years.
• Racing and speeding (this should really come under rash driving): Earlier Rs 500, now for first-time offence, fine is Rs 5,000 and/or imprisonment of up to three months. For second-time offence, penalty was earlier Rs 500, now Rs 10,000 and/or imprisonment of up to one year.
• Not wearing seatbelt: Penalty was Rs 100 earlier, now Rs 1,000.
• Overloading of two wheelers: Earlier, it was Rs 100, now Rs 2,000 and disqualification of licence for three months.
• Not wearing helmet: Earlier Rs 100, now Rs 1,000 and disqualification of licence for three months.
• Driving uninsured vehicle (without insurance): Earlier Rs 1,000 and/or imprisonment of up to three months. Now, first-time offence Rs 2,000 and/or imprisonment up to three months, second time Rs 4,000 and imprisonment up to three months.
• Offences by juveniles: Rs 25,000 with imprisonment of three years for which the guardian/owner shall be deemed to be guilty.
• Driving vehicle without permit: Earlier penalty Rs 5,000, now Rs 10,000 and/or imprisonment of up to six months
• Overloading: Previously, Rs 2,000 and Rs 1,000 per extra tonne, now Rs 20,000 and Rs 2,000 per extra tonne.
• Power of officers to impound documents: Earlier nil, now driving licence can be suspended under eight sections (no less!)
• Offences committed by enforcing officers: Earlier nil, now double the penalty under relevant section

Now, it is absolutely unpardonable to drive without a driving licence or insurance. So, punishment for these offences should be really steep. It is also unpardonable to drive when you are drunk. But the issue is, how do you determine drunkenness? How do you know that the device being used is properly functioning and correctly calibrated?

It is also unpardonable to seriously overspeed or drive rashly as these put the lives of other road users at risk. But how do you determine these offences? Through testimonies or only through CCTV footage? Should all urban roads be put under CCTV coverage end to end?

There are provisions for punishing offences by commercial vehicles like not having a proper permit or overloading. Now, take a routine sight on prominent Kolkata streets around 10 pm. (Commercial vehicles are not allowed to enter the city before that.) Any number of road barriers are put up with two or three police personnel next to them. Commercial vehicles are routinely stopped at these barriers for offences or simply to check their papers. Levies are officially imposed, but it is widely believed that enforcers are also open to “take” and its proceeds go right up the official chain. This is organised corruption over traffic offences at play openly.

With a system as broken as this, how do you impose steep punishments for offences, particularly when you can end up in jail for a few months which can seriously damage your career or overall life? What bribe you will not offer to get away from a situation like this, irrespective of whether you are being charged fairly or unfairly!

Subir Roy is a senior journalist and author. The views expressed are personal.