Repercussions of Underage Driving:
What Every Parent Must Know

"Allowing Underage Driving Can Cost You a Lot! Parents; be prepared for fines of up to Rs. 25,000 and three years in jail.”

Although 18 is the age for getting a driving licence is India, juvenile driving is sadly becoming common and is giving rise to many accidents, including the fatal ones. These examples point to a crying need for parents, guardians and law-enforcing machinery to enforce laws stringently. When minors take to driving, they not only fail to understand the risk associated with driving, but also put others as well as themselves in danger. Families sometimes overlook this, allowing minors to drive without realizing the legal and moral consequences. Indian laws come down heavily on teenage drivers and the grownups responsible for them.The Motor Vehicles Act, 1988prescribes harsher punishments for underage driving.This article delves into fines and penalties for underage driving, emphasizing the importance of responsible parenting and legal compliance.

According to Section 199A of the Motor Vehicles Act, 1988, if a minor is caught driving a vehicle, the consequences are severe for the parent or guardian. They may face imprisonment for up to three years, a hefty fine of Rs. 25,000, and the cancellation of the vehicle’s registration for 12 months.

In addition, Section 180 of the Act holds vehicle owners liable for permitting a minor to drive. If an owner knowingly allows an underage person to drive a vehicle, he/she can be fined up to Rs. 5,000 or face imprisonment for up to three months, or both. These strict measures aim to deter negligence and promote road safety, emphasizing that both direct involvement and passive allowance of underage driving carry serious legal consequences.

A minor who is caught driving without a licence faces up to three months in jail, fine of Rs. 5,000 or both under Section 181 of the Motor Vehicles Act, 1988. However, if an underage driver causes harm or injury, the punishments get harsher. The Bharatiya Nyaya Sanhita (BNS), 2023imposes extra liabilities in these circumstances. For instance, Section 106 of the BNS, which deals with causing death by negligence, may be applicable if the minor's driving results in a deadly collision. Provisions such as Section 125A (causing harm by an act threatening life or personal safety) or Section 125B (causing serious harm by such an act) may be enforced in circumstances where injuries occur. These laws place a strong emphasis on minors' responsibility for road safety.

Driving Licence (RTO Rules) Regulations for Minors in India

In India, individuals become eligible for a driving licence at the age of 18. However, those aged 16 can apply for a licence to operate gearless motorcycles with an engine capacity not exceeding 50cc. This licence requires renewal upon reaching 18 years of age. If a minor is found driving any vehicle beyond this permitted category, he/she may face severe penalties, including the restriction on obtaining a driving licence until the age of 25. Besides, the Juvenile Justice Act (2015) further addresses the need for accountability. With stricter enforcement, it is crucial that parents remain vigilant to prevent underage driving and safeguard their children's future.

Sandip Gulhane

Faculty of Law at Gatik Junior College, Hyderabad