The Law Left Behind: Reviewing Section 4 and the Greater Concern

Section 4 of India's Motor Vehicle Act (1988) allows 16-year-olds to drive gearless vehicles up to 50cc, but this rule is dangerously out of touch with modern roads. Today, the 50cc mopeds of the past have been largely replaced by high-powered electric scooters measured in kilowatts (kW) rather than cubic centimeters (cc). While the 2021 vehicle rules attempted to bridge this gap for electric vehicles, the primary legislation remains stuck in the past. This legal loophole has serious consequences, reflected in the nearly 12,000 road accidents involving minors between 2023 and 2024. To address this crisis, this paper argues that India must look to international examples like Japan and Europe. India needs to abandon obsolete engine measurements and adopt universally applicable, technology-neutral safety standards,such as design speed and maximum power limits,to truly protect young drivers.