OFFENCES AND PUNISHMENTS UNDER MOTOR VEHICLE ACT

KOHIMA,Jul 10 (NEPS): Nagaland Police has issued a circular stating that breaking the law in any sense is bound to attract punishment. As per sub-section (i) of section 200 of the Motor Vehicle Act 1989 and as amended by the Motor Vehicle (Amendment) Act 2019 read with Transport Department notification NO.TPT/MV/09/2019 dated Kohima the 12th Nov’ 2020 of the Govt. of Nagaland any Police Officer not below the rank of sub-inspector have the authority to compound offences under the act and realise such amount either before or after institution of prosecution.

Some of the offences under the Motor Vehicle (Amendment) Act 2019 and its punishment is highlighted for information of general public.

Section Particulars Fines (Rs.)
180 Unauthorised use of vehicles without license Upto Rs. 5000/-
181 Driving without license Upto Rs. 5000/-
182A(1) Penalty relating to construction, maintenance, safe and alteration of motor vehicles and components

Imprisonment for upto 1 year and or fine of Rs. 1,00,000/- per vehicle

183(1) Over-speeding

·      Rs.1000/- to Ts. 2000/- for LMV

·      Rs. 2000/- to Rs. 4000/- for medium heavy passengers or goods vehicle

·      Second subsequent offence impounding of Driving License

184 Penalty for dangerous driving

·      First offence- imprisonment of 6 months to 1 year and/or fine upto Rs. 1000/- to Rs. 5000/-

·      Subsequent offence (within 3 years from first offence)- imprisonment up to 2 years and/or fine up to Rs. 10,000/-

185 Drunken driving

·      First offence- fine upto Rs. 10,000/- and/or imprisonment up to 6 months

·      Second offence- fine up to Rs. 15,000/- and/or imprisonment up to 2 years

186 Penalty for driving when mentally and physically unfit to drive

·   First offence- fine up to Rs. 1000/-

·   Second offence- fine up to Rs. 2000/-

189 Punishment for racing and speeding

·   First offence- fine up to Rs. 5000/- and/or imprisonment up to 3 months

·   Second offence- fine up to Rs. 10,000/- and/or imprisonment up to 1 year

190(1) Using vehicle in unsafe condition with defect

·   First offence- fine of Rs. 1,500/-

·   Second offence- fine of Rs. 5000/-

190(2) Penalty for driving vehicle violating road safety, noise/air pollution standards

·   First offence- imprisonment up to 3 months and/or fine up to Rs. 10,000/- and disqualification from holding license for 3 months

·   Second offence- imprisonment up to 6 months and/or fine up to Rs. 10,000/-

190(3)

Penalty for carriage of goods dangerous/ hazardous to human life

·   First offence- fine of Rs. 10,000/- and/or imprisonment up to 1 year, and disqualification for holding license for 3 months

·   Second offence- fine up to Rs. 20,000/-

192 Using vehicle without registration- Explanation

Contravention of Section 56 also punishable under this provision:

·   First offence- fine from Rs. 2000/- up to Rs. 5000/-

·   Second offence- imprisonment up to 1 year or fine Rs. 5000/- up to Rs. 10,000/-

194(1) Overloading Fine of minimum Rs. 20,000/- and Rs. 2000/- per excess tonne, and liability to pay for overloading
194(1A) Punishment for lateral/front/rear extension of load Fine of Rs. 20,000/- and charges for offloading
194(2) Refusal to stop and submit vehicle for weighing Fine of Rs. 40,000/-
194A Carriage of excess passengers Fine of Rs. 200/- per excess passengers
194B(1) Use of safety belts and seating of children Fine of Rs. 1000/-
194D Penalty for not wearing helmets Fine of Rs. 1000/- and disqualification from license for 3 months
194E Failure to allow free passage to emergency vehicles Fine of Rs. 10,000/- and/or imprisonment up to 6 months
199A Offences by juveniles

·   Guardian owner deemed guilty

·   Fine up to Rs. 25,000/- and imprisonment up to 3 years, and cancellation of registration of motor vehicle used by the juvenile in the offence, for 12 months

·   Juvenile ineligible to obtain learners’ license until the age of 25 years

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The Nagaland Police will continue to run vigorous checks on drivers and riders and reaffirms its commitment to maintain law and order on the roads and reminds the public that violations will be met with appropriate penalties as per the M.V. Act 1989 and subsequent amendment 2019. The Nagaland Police has requested the public to be aware of their responsibilities as road users and actively participate in creating a culture of road safety.

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