THIRUVANANTHAPURAM: The Transport Department has moderated fines for certain traffic offences such as riding without helmet and overloading of goods vehicles, a laudable decision to some but a violation of law to others.
The department issued an extraordinary gazette notification on October 26, superseding its notification of August 31, to specify offences which can be compounded and to fix upper limit for various fines mentioned in the Motor Vehicles (amendment) Act 2019.
The state government believed that the amended Central law imposed steep fines at one go and had to be moderated to make them implementable. But the Centre's reason for fines revision was the criticism of lax provisions and lenient penalties contributing to grave traffic offences.
Key offences and reduced rates in Kerala: MV Act Section 194 D-Driving a motor cycle or causes or allows a motor cycle to be driven in contravention of Section 129 (without wearing protecting headgear) - fine reduced from Rs 1,000 to Rs 500.
Section 194 (1): Driving vehicle exceeding permissible limit- fine reduced from Rs 20,000 plus Rs 2,000/tonne to Rs 10,000 plus Rs 1,500/tonne.
Section 194 B (1): Driving without wearing a safety belt or carries passenger not wearing seatbelts (excluding transport vehicles where seatbelt is not provided by the manufacturer) - fine Rs 500 instead of Rs 1,000.
Section 192 A (1): Using motor vehicles without permit- Rs 3,000 instead of Rs 10,000 in case of light motor vehicle/two and three wheelers. Others Rs 7,500.
Former deputy transport commissioner P.D. Sukumaran says the State Government reduced fines in the above four cases, presuming it had discretionary powers. It is true Section 200 of the Motor Vehicles Act 1988 empowers the State to allow "composition of certain offences". The law separates compoundable and non-compoundable offences.
While allowing its officers to compound an offence, the State Government empowers them to levy fines without prosecuting offenders. But while doing so the state has no powers to reduce consolidated fines mentioned in the Act, as in the case of riding without helmet, carrying overload, driving without seatbelt and carrying materials that dangerously protrude from vehicles.
But there are a host of other offences for which the Act sets a band, between the minimum and maximum. In such cases, the State has the discretion to fix the quantum of fine for compounding.
Compoundable offences are less serious criminal offences and are of two different types mentioned in tables in Section 320 of the Cr PC: Court permission is not required before compounding and others where court permission is required before compounding.
Non-compoundable offences are offences, which cannot be compounded because the nature of offence is so grave and criminal that the accused cannot be allowed to go scot-free.
However, Joint Transport Commissioner Rajeev Puthalath says the Government has received sound legal opinion about its powers to reduce fines for compounding of offences. The State is not expected to amend rates of fines, but wherever compounding is allowed, as in the case of offences notified on October 26, the State Government is well within its rights for modification of fines, he said.
He cited the instance of a goods vehicle, which was charged Rs 63,000 for overloading. These are prohibitive and would encourage officials to cut corners, he said.
