Perhaps one of the strictest requirements to acquire a driver’s license in India is that the person must be officially recognized as an adult who is 18 years of age and above. The increase in accidents, some fatal, wherein Underage Driving in India was being performed, is very alarming. Such occurrences are grave problems and serious enough to be taken with tighter enforcement, not just by the police but by families themselves.
These young adults are so eager to carry out Underage Driving in India, lack appropriate training and carelessness. This puts other road users in danger and even at risk those minors. However, for such cases, the law does have a solution by different forms of penalties and punishments on offenses involving juvenile drivers whereby all these fall within its scope: minors and their parents and guardians.
Here is a closer look at some of the fines and penalties for underage driving in India as stated in the Motor Vehicles Act, and the Juvenile Justice Act:
Fines and Penalties for Underage Driving in India
The fines for offenses of underage driving were updated in 2019 to be stricter.
Section 199 A of the Motor Vehicles Act, 1988 for parents/vehicle owner/guardians
In case a juvenile/minor commits some offense under this Act, the parent/guardian of the juvenile or motor vehicle owner is considered guilty and will be punished accordingly.
In addition to the fine (which differs from state to state), the guardian or motor vehicle owner shall be liable for imprisonment of up to three years and a fine of up to Rs 25,000.
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Underage Driving in India: Vehicle Owners Section 180 of the Motor Vehicles Act, 1988
If a vehicle owner gives a minor permission to drive the vehicle, then the owner faces legal penalties. These include imprisonment of up to three months a fine of up to Rs 5,000, or both.
For Minors under the Motor Vehicles Act, 1988 and Juvenile Justice (Care and Protection Act) 2015
Under Section 199A of the Motor Vehicles Act: All the above fines and penalties will not come into play if the juvenile or the minor had a learner’s licence and was driving a vehicle they are authorized to drive (motorcycle without gear with capacity not exceeding 50 cc). In addition, if the guard/parent/car owner can prove that the child was driving without their consent despite due care and attention or vigilance, they can be exempted from penalties.
Any minor convicted of any offense under this act of Underage Driving in India shall not be eligible to apply for a license to drive a vehicle till he reaches the age of 25. This is a huge concern because it makes them face long-term implications.
Section 181 of the Motor Vehicles Act: Whoever allows a child to drive a motor vehicle shall be imprisoned for a term not exceeding three months or with a fine not exceeding Rs 5,000, or both.
Under Section 18 of the Juvenile Justice (Care and Protection Act): While not specific to offenses as listed under the Motor Vehicle Act, if a child is held guilty of committing an offense, several steps can be taken under the Juvenile Justice Act, 2015:
The child can be sent back home with advice and counseling for both the child and their parents or guardian.
Sometimes, community service can be ordered for the child under supervision.
A fine can be imposed on a child or their parents, but if the child is working, labor laws need to be respected.
In some cases (likely those with no accident), the child can be released to probation on good behavior while under the care of a parent, guardian, or responsible person for up to three years, responsible for ensuring the good behavior and welfare of the child.
Alternatively, the child can be placed under the care of a responsible facility for the same duration.
Lastly, the child will be kept in a special home for up to three years during which education, skill development, counseling, behavior modification therapy, and psychiatric support will be provided. If it becomes apparent that retaining the child within the special home doesn’t benefit the child itself, then the order can be reviewed and changed.
Juveniles who drive after getting drunk accidentally kill: Legal drinking age is a different thing in India; different states define legal drinking ages as 18 and 25 years. The act of driving after becoming drunk has been dealt with separately with provisions under Section 185 of the Motor Vehicles Act, 1988 amended in 2019.
According to this Act, if any person is found driving a motor vehicle having 30mg per 100 ml of his blood alcohol concentration or under the influence of drugs, then he is liable for imprisonment and fines including possible imprisonment of up to six months against the first offense. In addition, the driving license of the offender is suspended and for subsequent crimes, it involves even severe punishments.
If a minor, aged between 16 and 18 years, causes death or grievous hurt while driving a public service vehicle under the influence of liquor, they can be imprisoned for seven years or more. They can also be dealt with as an adult according to their maturity and capacity to appreciate and commit the offense.
NOTE: The Juvenile Justice Board (special court to handle minors’ cases) could determine that this offense is grave enough for a child to be tried as an adult and transfer the case to another higher court. This court is known as the Children’s Court, who has the jurisdiction to take on more serious cases and will have the trial like an adult criminal procedure.
Underage Driving in India: RTO Rules Regarding a Minor Holder’s Licence to Drive
- A driving license is issued after reaching 18 years of age, however, in India presently.
- But a 16-year-old boy can get a driver’s license for a motorbike without gear with 50cc capacity. Later on, this needs to be renewed when the boy crosses 18 years of age.
- If a minor is caught driving any vehicle apart from this, then he is awarded stringent punishment and only gets his driver’s license after crossing 25 years of age.
Underage Driving in India: Why Awareness and Enforcement Matter
Mostly, you find underage persons running errands out on the roads, either on a motorbike or, in some cases, in a car. The majority will consider this a risk worth taking due to traveling such minimal distances and the possibility of having an accident is minimal. This culminates in an unsafe atmosphere where the minor is comfortable breaking traffic rules, thus endangering both themselves and other road users without a care in the world about the consequences.
An underage driver behind the wheel and without a proper license puts at risk that driver and everyone around them. Lack of experience and maturity can cause more damage than we saw recently in Nagpur, Pune, and Hyderabad.
The parents and guardians should inform the children about the grave dangers associated with accidents when driving, and explain why waiting is a period to be valued as receiving proper training and, consequently, a license.
That is having a candid discussion about the risk of accidents, injuries, and death. If their child is being influenced by peers who are not getting similar guidance, they have to be extra vigilant so that the minor is not allowed to use the vehicle without them knowing.
Law enforcement must not be merciful in enforcing traffic laws, especially in terms of minors on the street. There is not at all a sign that someone driving is a minor, and most adults in the country appear to be traveling without carrying all their documents, but traffic authorities should also do their best not just to catch and punish such offenders but also to carry out community activities to educate and prevent such incidents.
A culture of safety and responsibility can easily eradicate this scourge of dangerous roads. Drive responsibly, and stay safe!
Underage Driving in India: Additional Tips for you as a parent
As a parent, you can note down these additional tips apart from the one that has been mentioned above to ensure your vehicle remains in good condition:
Always renew the vehicle insurance. This will save you from the trouble of losing the benefits and a complete round of protection for the bike and its passengers.
Make sure you chaperone the minor so that there is no mishap.
Make sure that you have a learner’s sticker on your vehicle, especially if the rider is a minor.
Ask your insurer to allow you to claim two-wheeler insurance if there has been an accident that has been caused by your bicycle while it was under the rider who happens to be a minor.
Underage Driving in India: Conclusion
Underage driving in India is a seriously identified problem and poses hazards to the lives of young drivers themselves and even other road users. To curb underage driving, there should be enforcement of legal ages for driving which triggers appropriate fines and penalties imposed on offenders.
Major responsibility, however, lies on your shoulder as a parent in teaching your children proper safe driving practices. If your bicycle does not cover an insurance policy, then buy one as early as possible. Utilize the car insurance calculator to obtain a quote for the policy you seek.
Insurance is the subject matter of solicitation. For greater detail on benefits, exclusions, limitations, terms, and conditions, please read the sales brochure/policy wording carefully before finalizing a sale.
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