Scrappage Policy and Impounding of Motor Vehicles in India

Abstract

Vehicle impoundment is one of the interventions in MV PICCS (Motor Vehicles Prioritizing Interventions and Cost Calculator for States), which involves taking drivers' licenses and cars from repetitive Driving While Impaired (DWI) offenders and keeping them in a storage facility. 1 When the impoundment time is up, the offender can retrieve or surrender his or her car. 2 The present research paper has been written to analyze and highlight the importance of a new impounding policy in the state of Delhi NCR, along with the legal challenges/ lacunas it faces. Research scholar has used doctrinal method with both primary and secondary data analyzed, followed by a qualitative approach. Primary data has been collected from the statute of the Motor Vehicles act and the Policy as implemented in the state of NCR Delhi, along with views of Hon’ble Supreme Court on said policy. In contrast, secondary data has been collected from online sources, blogs, research papers etc. The recent policy of State of NCR Delhi is consistently facing implementation and administrative issues because of a lack of parking resources and vehicle scrapping. Also, the scrapping act has created a hassle as while it is being planned to have a different policy for the rest of the nation, state governments prohibit petrol vehicles that are more than 15 years old and diesel vehicles that are more than 10 years old. This becomes a difficult scenario altogether for a common person hence, making the implementation questionable in courts.