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The Motor Vehicles Act, 1988
Act ID: 1988
The Motor Vehicles Act, 1988
"An Act to consolidate and amend the law relating to motor vehicles."
Table of Contents
221 Sections
Ch. IP
reliminary
S.1
Short title, extent and commencement
S.2
Definitions. - In this Act, unless the context otherwise requires,
S.5
Responsibility of owners of motor vehicles for contravention of sections 3 and 4
S.13
Extent of effectiveness of licences to drive motor vehicles
S.16
Revocation of driving licence on grounds of disease or disability
S.26
Maintenance of State Registers of Driving Licences
S.36
Certain provisions of Chapter II to apply to conductor's licence
S.37
Savings
S.40
Registration, where to be made
S.43
Temporary registration
S.44
Production of vehicle at the time of registration
S.45
Refusal of registration or renewal
S.46
Effectiveness in India of registration
S.52
Transfer of ownership
S.54
No objection certificate
S.63
Special provisions regarding alteration of vehicle
S.83
Permits to be obtained for transport vehicles
S.85
Restriction on number of transport vehicles
S.92
Duration and renewal of permits
S.94
Cancellation and suspension of permits
S.98
Power of State Transport Authority and Regional Transport Authority to make rules
S.106
Power to restrict the use of vehicles
S.108
Power of Central Government to make rules
S.118
Liability of third parties
S.120
Duty to give information
S.122
Settlement of claims between insurers
S.125
[Omitted]
S.126
[Omitted]
S.129
Chapter not to apply to certain vehicles
S.131
Award of claims tribunal
S.133
Procedure and powers of claims tribunals
S.140
Liability to pay compensation in certain cases on the principle of no fault
S.141
Provisions as to other right to claim compensation for death or permanent disablement
S.142
Permanent disablement
S.143
Accident resulting from contributory negligence
S.144
Overriding effect
S.148
Validity of policies of insurance
S.155
Effect of death on certain causes of action
S.159
Power of State Government to set up approved testing stations
S.160
Power to make rules
S.167
Offences by companies
S.171
Publication of information
S.174
Duties of driver in case of accident
S.175
Claims tribunals
S.180
Wearing of helmets
S.181
Driving at excessive speed
S.186
Driving under the influence of drink or drugs
S.187
Punishment for offences relating to accidents
S.188
Punishment for abetment of certain offences
S.189
Racing and trials of speed
S.191
Penalty for travelling without pass or ticket and for dereliction of duty by conductor
S.192
[Omitted]
S.195
Using vehicle without registration
S.196
Using vehicle without permit
S.205
Presumption of culpability in certain cases
Ch. II
Chapter II
S.3
Necessity for driving licence. - (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than a motorcab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75 unless his driving licence specifically entitles him so to do
S.4
Age limit in connection with driving of motor vehicles. - (1) No person under the age of eighteen years shall drive a motor vehicle in any public place:
S.6
Restrictions on the holding of driving licences. - (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learners licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle
S.7
Restrictions on the granting of learners licences for certain vehicles. - [(1) No person shall be granted a learners licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year.]
S.8
Grant of learners licence. - (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to [any of the licensing authority in the State]
S.9
Grant of driving licence. - (1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to [any licensing authority in the State]
S.10
Form and contents of licences to drive. - (1) Every learners licence and driving licence, except a driving licence issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government
S.11
Additions to driving licence. - (1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to [any licensing authority in the State] in which he resides or carries on his business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence
S.12
Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles. - (1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith
S.14
Currency of licences to drive motor vehicles. - (1) A learners licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence .[***]
S.15
Renewal of driving licences. - (1) Any licensing authority may, on application made to it, renew a driving licence issued under the provisions of this Act with effect from the date of its expiry:
S.17
Orders refusing or revoking driving licences and appeals therefrom. - (1) Where a licensing authority refuses to issue any learners licence or to issue or renew, or revokes, any driving licence, or refuses to add a class or description of motor vehicle to any driving licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation
S.18
Driving licences to drive motor vehicles, belonging to the Central Government. - (1) Such authority as may be prescribed by the Central Government may issue driving licence valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise
S.19
Power of licensing authority to disqualify from holding a driving licence or revoke such licence. - (1) If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he
S.20
Power of Court to disqualify. - (1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorised by law, declare the persons so convicted to be disqualified, for such period as the Court may specify, from holding any driving licence to drive all classes or description of vehicles, or any particular class or description of such vehicles, as are specified in such licence :
S.21
Suspension of driving licence in certain cases. - (1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving licence held by such person shall in relation to such class or description of motor vehicle become suspended
S.22
Suspension or cancellation of driving licence on conviction. - (1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person insofar as it relates to that class or description of motor vehicle
S.23
Effect of disqualification order. - (1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period
S.24
Endorsement. - (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed
S.25
Transfer of endorsement and issue of driving licence free from endorsement. - (1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement
S.27
Power of Central Government to make rules. - The Central Government may make rules
S.28
Power of State Government to make rules. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27
Ch. III
Chapter III
S.29
Necessity for conductors licence. - (1) No person shall act as a conductor of a stage carriage unless he holds an effective conductors licence issued to him authorising him to act as such conductor, and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage
S.30
Grant of conductors licence. - (1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductors licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductors licence
S.31
Disqualifications for the grant of conductors licence. - (1) No person under the age of eighteen years shall hold, or be granted, a conductors licence
S.32
Revocation of a conductors licence on grounds of disease or disability. - A conductors licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductors licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence :
S.33
Orders refusing, etc., conductors licences and appeals therefrom. - (1) Where a licensing authority refuses to issue or renew, or revokes any conductors licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation
S.34
Power of licensing authority to disqualify. - (1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductors licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductors licence :
S.35
Power of Court to disqualify. - (1) Where any person holding a conductors licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductors licence
S.38
Power of State Government to make rules. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter
Ch. IV
Chapter IV
S.39
Necessity for registration. - No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed manner:
S.41
Registration, how to be made. - (1) An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government:
S.42
Special provision for registration of motor vehicles of diplomatic officers, etc. - (1) Where an application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act
S.47
Assignment of new registration mark on removal to another State. - (1) When a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:
S.48
No objection certificate. - (1) The owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration
S.49
Change of residence or place of business. - (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another [State, to any registering authority in that State], and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein
S.50
Transfer of ownership. - (1) Where the ownership of any motor vehicle registered under this Chapter is transferred,
S.51
Special provisions regarding motor vehicle subject to hire-purchase agreement, etc. - (1) Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the registering authority shall make an entry in the certificate of registration regarding the existence of the said agreement
S.53
Suspension of registration. - (1) If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction
S.55
Cancellation of registration. - (1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to the authority the certificate of registration of the vehicle
S.56
Certificate of fitness of transport vehicles. - (1) Subject to the provisions of sections 59 and 60, a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of this Act and the rules made thereunder:
S.57
Appeals. - [(1) Any person aggrieved by an order of the registering authority under sections 41, 42, 43, 45, 47, 48, 49, 50, 52, 53, 55 or 56 may, within thirty days of the date on which he has received notice of such order, appeal against the order to the prescribed authority.]
S.58
Special provisions in regard to transport vehicles. - (1) The Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the [maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle
S.59
Power to fix the age limit of motor vehicle. - (1) The Central Government may, having regard to the public safety, convenience and objects of this Act, by notification in the Official Gazette, specify the life of a motor vehicle reckoned from the date of its manufacture, after the expiry of which the motor vehicle shall not be deemed to comply with the requirements of this Act and the Rules made thereunder:
S.60
Registration of vehicles belonging to the Central Government. - (1) Such authority as the Central Government may, by notification in the Official Gazette, specify, may register any motor vehicle which is the property or for the time being under the exclusive control of the Central Government and is used for Government purposes relating to the defence of the country and unconnected with any commercial enterprise and any vehicle so registered shall not, so long as it remains the property or under the exclusive control of the Central Government, require to be registered otherwise under this Act
S.61
Application of Chapter to trailers. - (1) The provisions of this Chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle
S.62
Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority. - The State Government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the Inspector General of Police (by whatever designation called) and such other police officers as the State Government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made
S.64
Power of the Central Government to make rules. - The Central Government may make rules to provide for all or any of the following matters, namely:
S.65
Power of the State Government to make rules. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 64
S.66
Necessity for permits. - (1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:
S.67
Power to State Government to control road transport. - [(1) A State Government, having regard to
S.68
Transport Authorities. - (1) The State Government shall, by notification in the Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification, in respect of each Regional Transport Authority, the powers and functions conferred by or under this Chapter on such Authorities:
S.69
General provision as to applications for permits. - (1) Every application for a permit shall be made to the Regional Transport Authority of the region in which it is proposed to use the vehicle or vehicles:
S.70
Application for stage carriage permit. - (1) An application for a permit in respect of a stage carriage (in this Chapter referred to as a stage carriage permit) or as a reserve stage carriage shall, as far as may be, contain the following particulars, namely:
S.71
Procedure of Regional Transport Authority in considering application for stage carriage permit. - (1) A Regional Transport Authority shall, while considering an application for a stage carriage permit, have regard to the objects of this Act:
S.72
Grant of stage carriage permit. - (1) Subject to the provisions of section 71, a Regional Transport Authority may, on an application made to it under section 70, grant a stage carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
S.73
Application for contract carriage permit. - An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:
S.74
Grant of contract carriage permit. - (1) Subject to the provisions of sub-section (3), a Regional Transport Authority may, on an application made to it under section 73, grant a contract carriage permit in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
S.75
Scheme for renting of motorcabs. - (1) The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of [motorcabs or motor cycles to persons desiring to drive either by themselves or through drivers, motorcabs or motor cycles] for their own use and for matters connected therewith
S.76
Application for private service vehicle permit. - (1) A Regional Transport Authority may, on an application made to it, grant a private service vehicle permit in accordance with the application or with such modification as it deems fit or refuse to grant such permit:
S.77
Application for goods carriage permit. - An application for a permit to use a motor vehicle for the carriage of goods for hire or reward or for the carriage of goods for or in connection with a trade or business carried on by the applicant (in this Chapter referred to as a goods carriage permit) shall, as far as may be, contain the following particulars, namely:
S.78
Consideration of application for goods carriage permit. - A Regional Transport Authority shall, in considering an application for a goods carriage permit, have regard to the following matters, namely:
S.79
Grant of goods carriage permit. - (1) A Regional Transport Authority may, on an application made to it under section 77, grant a goods carriage permit to be valid throughout the State or in accordance with the application or with such modifications as it deems fit or refuse to grant such a permit:
S.80
Procedure in applying for and granting permits. - (1) An application for a permit of any kind may be made at any time
S.81
Duration and renewal of permits. - (1) A permit other than a temporary permit issued under section 87 or a special permit issued under sub-section (8) of section 88 shall be effective [from the date of issuance or renewal thereof] for a period of five years:
S.82
Transfer of permit. - (1) Save as provided in sub-section (2), a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit
S.84
General conditions attaching to all permits. - The following shall be conditions of every permit
S.86
Cancellation and suspension of permits. - (1) The Transport Authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit
S.87
Temporary permits. - (1) A Regional Transport Authority and the State Transport Authority may without following the procedure laid down in section 80, grant permits, to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily
S.88
Validation of permits for use outside region in which granted. - (1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transport Authority of that other State or by the Regional Transport Authority concerned:
S.89
Appeals. - (1) Any person
S.90
Revision. - The State Transport Appellate Tribunal may, on an application made to it, call for the record of any case in which an order has been made by a State Transport Authority or Regional Transport Authority against which no appeal lies, and if it appears to the State Transport Appellate Tribunal that the order made by the State Transport Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation to the case as it deems fit and every such order shall be final:
S.91
Restriction of hours of work of drivers. - [(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961)]
S.93
[Agent or canvasser or aggregator to obtain licence]. - (1) No person shall engage himself
S.95
Power of State Government to make rules as to stage carriages and contract carriages. - (1) A State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles
S.96
Power of State Government to make rules for the purposes of this Chapter. - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter
Ch. VI
Chapter VI
S.97
Definition. - In this Chapter, unless the context otherwise requires, road transport service means a service of motor vehicles carrying passengers or goods or both by road for hire or reward
S.99
Preparation and publication of proposal regarding road transport service of a State transport undertaking. - [(1)] Where any State Government is of opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport service, it is necessary in the public interest that road transport services in general or any particular class of such service in relation to any area or route or portion thereof should be run and operated by the State transport undertaking, whether to the exclusion, complete or partial, of other persons or otherwise, the State Government may formulate a proposal regarding a scheme giving particulars of the nature of the services proposed to be rendered, the area or route proposed to be covered and other relevant particulars respecting thereto and shall publish such proposal in the Official Gazette of the State formulating such proposal and in not less than one newspaper in the regional language circulating in the area or route proposed to be covered by such scheme and also in such other manner as the State Government formulating such proposal deem fit
S.100
Objection to the proposal. - (1) On the publication of any proposal regarding a scheme in the Official Gazette and in not less than one newspaper in the regional language circulating in the area or route which is to be covered by such proposal any person may, within thirty days from the date of its publication in the Official Gazette, file objections to it before the State Government
S.101
Operation of additional services by a State transport undertaking in certain circumstances. - Notwithstanding anything contained in section 87, a State transport undertaking may, in the public interest operate additional services for the conveyance of the passengers on special occasions such as to and from fairs and religious gatherings:
S.102
Cancellation or modification of scheme. - (1) The State Government may, at any time, if it considers necessary, in the public interest so to do, modify any approved scheme after giving
S.103
Issue of permits to State transport undertakings. - (1) Where, in pursuance of an approved scheme, any State transport undertaking applies in such manner as may be prescribed by the State Government in this behalf for a stage carriage permit or a goods carriage permit or a contract carriage permit in respect of a notified area or notified route, the State Transport Authority in any case where the said area or route lies in more than one region and the Regional Transport Authority in any other case shall issue such permit to the State transport undertaking, notwithstanding anything to the contrary contained in Chapter V
S.104
Restriction on grant of permits in respect of a notified area or notified route.Where a scheme has been published under sub-section (3) of section 100 in respect of any notified area or notified route, the State Transport Authority or the Regional Transport Authority, as the case may be, shall not grant any permit except in accordance with the provisions of the scheme:
S.105
Principles and method of determining compensation and payment thereof. - (1) Where, in exercise of the powers conferred by clause (b) or clause (c) of sub-section (2) of section 103, any existing permit is cancelled or the terms thereof are modified, there shall be paid by the State transport undertaking to the holder of the permit, compensation, the amount of which shall be determined in accordance with the provisions of sub-section (4) or sub-section (5), as the case may be
S.107
Power of State Government to make rules. - (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter
Ch. VII
Chapter VII
S.109
General provision regarding construction and maintenance of vehicles. - (1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle
S.110
Power of Central Government to make rules. - (1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:
S.111
Power of State Government to make rules. - (1) A State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110
Ch. VIII
Chapter VIII
S.112
Limits of speed. - (1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force:
S.113
Limits of weight and limitations on use. - (1) The State Government may prescribe the conditions for the issue of permits for [transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route
S.114
Power to have vehicle weighed. - [(1) Any officer of the Motor Vehicles Department [or any other person authorised in this behalf by the State Government] shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113,] require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions
S.115
Power to restrict the use of vehicles. - The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may, by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places:
S.116
Power to erect traffic signs. - (1)( a) The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub-section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic
S.117
Parking places and halting stations. - The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers
S.119
Duty to obey traffic signs. - (1) Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place
S.121
Signals and signalling devices. - The driver of a motor vehicle shall make such signals and on such occasions as may be prescribed by the Central Government:
S.123
Riding on running board, etc. - (1) No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle
S.124
Prohibition against travelling without pass or ticket. - No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket:
S.127
Removal of motor vehicles abandoned or left unattended on a public place . [(1) Where any motor vehicle is abandoned or left unattended on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisation by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.]
S.128
Safety measures for drivers and pillion riders. - (1) No driver of a two-wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the drivers seat with appropriate safety measures
S.130
Duty to produce licence and certificate of registration. - (1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination:
S.132
Duty of driver to stop in certain cases. - (1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as [may for such reasonable time as may be necessary, but not exceeding twenty-four hours],
S.134
Duty of driver in case of accident and injury to a person. - When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall
S.135
Schemes to be framed for the investigation of accident cases and wayside amenities, etc. - (1) The State Government may, by notification in the Official Gazette, make one or more schemes to provide for
S.136
Inspection of vehicle involved in accident. - When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:
S.137
Power of Central Government to make rules. - The Central Government may make rules to provide for all or any of the following matters, namely:
S.138
Power of State Government to make rules. - (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137
Ch. IX
Chapter IX
S.139
Power of Central Government to make rules. - (1) The Central Government may, by notification in the Official Gazette, make rules for all or any of the following purposes, namely:
S.145
Definitions. - In this Chapter,
S.146
Necessity for insurance against third party risk. - (1) No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of this Chapter:
S.147
Requirements of policies and limits of liability. - (1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which
S.149
Settlement by insurance company and procedure therefor. - (1) The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident
S.150
Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks. - (1) If, after a certificate of insurance has been issued under sub-section (3) of section 147 in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum not exceeding the sum assured payable thereunder, as if that person were the decree holder, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments
S.151
Rights of third party against insurers on insolvency of insured. - (1) Where under any contract of insurance affected in accordance with the provisions of this Chapter, a person is insured against liabilities which he may incur to third party, then
S.152
Duty to give information as to insurance. - (1) No person against whom a claim is made in respect of any liability referred to in clause (b) of sub-section (1) of section 147 shall, on demand by or on behalf of the person making the claim, refuse to state whether or not he was insured in respect of that liability by any policy issued under the provisions of this Chapter, or would have been so insured if the insurer had not avoided or cancelled the policy, nor shall he refuse, if he was or would have been so insured, to give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof
S.153
Settlement between insurers and insured persons. - (1) No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 shall be valid unless such third party is a party to the settlement
S.154
Saving in respect of sections 151, 152 and 153. - (1) For the purposes of sections 151, 152 and 153, a reference to "liabilities to third parties" in relation to a person insured under any policy of insurance shall not include a reference to any liability of that person in the capacity of insurer under some other policy of insurance
S.156
Effect of certificate of insurance. - When an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then
S.157
Transfer of certificate of insurance. - (1) Where a person, in whose favour the certificate of insurance has been issued in accordance with the provisions of this Chapter, transfers to another person the ownership of the motor vehicle in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the motor vehicle is transferred with effect from the date of its transfer
S.158
Production of certain certificates, licence and permit in certain cases. - (1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce
S.161
Special provisions as t o compensation in case of hit and run motor accident. - 161. (1) Notwithstanding anything contained in any other law for the time being in force or any instrument having the force of law, the Central Government shall provide for paying in accordance with the provisions of this Act and the scheme made under sub-section (3), compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents
S.162
Scheme for golden hour. - (1) Notwithstanding anything contained in the General Insurance Companies (Nationalisation) Act, 1972 or any other law for the time being in force or any instrument having the force of law, the insurance companies for the time being carrying on general insurance business in India shall provide in accordance with the provisions of this Act and the schemes made under this Act for treatment of road accident victims, including during the golden hour
S.163
Refund in certain cases of compensation paid under section 161. - (1) The payment of compensation in respect of the death of, or grievous hurt to, any person under section 161 shall be subject to the condition that if any compensation (hereafter in this sub-section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of a claim for compensation is awarded or paid in respect of such death or grievous hurt under any other provision of this Act or any other law for the time being in force or otherwise, so much of the other compensation or other amount aforesaid as is equal to the compensation paid under section 161, shall be refunded to the insurer
S.164
Payment of compensation in case of death or grevious hurt, etc. - (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be
S.164B
Motor Vehicle Accident Fund. - (1) The Central Government shall constitute a Fund to be called the Motor Vehicle Accident Fund and thereto shall be credited
S.164C
Power of Central Government to make rules. - (1) The Central Government may make rules for the purposes of carrying into effect, the provisions of this Chapter
S.164D
Power of State Government to make rules. - (1) The State Government may make rules for the purposes of carrying into effect, the provisions of this Chapter other than the matters specified in section 164C
Ch. XII
Chapter XII
S.165
Claims Tribunals. - (1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both
S.166
Application for compensation. - (1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made
S.168
Award of the Claims Tribunal. - (1) On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of [section 163] may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be:
S.169
Procedure and powers of Claims Tribunals. - (1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit
S.170
Impleading insurer in certain cases. - Where in the course of any inquiry, the Claims Tribunal is satisfied that
S.172
Award of compensatory costs in certain cases. - (1) Any Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that
S.173
Appeals. - (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:
S.176
Power of State Government to make rules. - A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:
Ch. XIII
Chapter XIII
S.177
General provision for punishment of offences. - Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence, be punishable for the first offence, with fine which may extend to [five hundred rupees], and for any second or subsequent offence with fine which may extend to [one thousand and five hundred rupees]
S.178
Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc. - (1) Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriage fails or refuses to present for examination or to deliver up his pass or ticket immediately on a requisition being made therefor, shall be punishable with fine which may extend to five hundred rupees
S.179
Disobedience of orders, obstruction and refusal of information. - (1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence, be punishable with fine which may extend to [two thousand rupees]
S.182
Offences relating to licences. - (1) Whoever, being disqualified under this Act for holding or obtaining a driving licence, drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine [of ten thousand rupees] or with both, and any driving licence so obtained by him shall be of no effect
S.183
Driving at excessive speed, etc. - (1) Whoever drives [or causes any person who is employed by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable [in the following manner, namely:
S.184
Driving dangerously. - Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public [or which causes a sense of alarm or distress to the occupants of the vehicle, other road users, and persons near roads,], having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term [which may extend to one year but shall not be less than six months or with fine which shall not be less than one thousand rupees but may extend to five thousand rupees, or with both], and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine [of ten thousand rupees], or with both
S.185
Driving by a drunken person or by a person under the influence of drugs. - Whoever, while driving, or attempting to drive, a motor vehicle,
S.190
Using vehicle in unsafe condition. - (1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine [of one thousand five hundred rupees] or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine [of five thousand rupees], or with both [and for a subsequent offence shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees for bodily injury or damage to property]
S.192A
Using vehicles without permit. - (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with [imprisonment for a term which may extend to six months and] a fine [of ten thousand rupees] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than [six months] or with fine [of ten thousand rupees] or with both:
S.193
Punishment of [agents, canvassers and aggregators] without proper authority. - [(1)] Whoever engages himself as an agent or canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with fine [of one thousand rupees] and for any second or subsequent offence with imprisonment which may extend to six months, or with fine [of two thousand rupees], or with both
S.194
Driving vehicle exceeding permissible weight [(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with [***] fine [of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load] [Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.]
S.197
Taking vehicle without authority. - (1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months, or with fine [of five thousand rupees], or with both:
S.198
Unauthorised interference with vehicle. - Whoever otherwise than with lawful authority or reasonable excuse enters or moves any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable [with fine of one thousand rupees]
S.199
Offences by companies. - (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
S.200
Composition of certain offences. - (1) Any offence whether committed before or after the commencement of this Act [punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A, section 182B, sub-section (1) or sub-section (2) of section 183, section 184 only to the extent of use of handheld communication devices, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section 194F, section 196, section 198,]
S.201
Penalty for causing obstruction to free flow of traffic. - (1) Whoever keeps a [***] vehicle on any public place, in such a manner, so as to cause impediment to the free flow of traffic, shall be liable for penalty up to [five hundred rupees], so long as it remains in that position:
S.202
Power to arrest without warrant. - (1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:
S.203
Breath tests. - [(1) A police officer in uniform or an officer of the Motor Vehicles Department, as may be authorised in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185:
S.204
Laboratory test. - (1) A person, who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a laboratory test if,
S.206
Power of police officer to impound document. - (1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of the Indian Penal Code (45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document
S.207
Power to detain vehicles used without certificate of registration permit, etc. - (1) Any police officer or other person authorised in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
S.208
Summary disposal of cases. - (1) The Court taking cognizance of any offence (other than an offence which the Central Government may by rules specify in this behalf) under this Act,
S.209
Restriction on conviction. - No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless
S.210
Courts to send intimation about conviction. - Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to
Ch. XIV
Chapter XIV
S.211
Power to levy fee. - Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications, amendment of documents, issue of certificates, licences, permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or copies of documents or orders and for any other purpose or matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary:
S.212
Publication, commencement and laying of rules and notifications. - (1) The power to make rules under this Act is subject to the condition of the rules being made after previous publication
S.213
Appointment of motor vehicles officers. - (1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as it thinks fit
S.214
Effect of appeal and revision on orders passed by original authority. - (1) Where an appeal has been preferred or an application for revision has been made against any order passed by an original authority under this Act, the appeal or the application for revision shall not operate as a stay of the order passed by the original authority and such order shall remain in force pending the disposal of the appeal or the application for revision, as the case may be, unless the prescribed appellate authority or revisional authority otherwise directs
S.215
Road Safety Councils and Committees. - (1) The Central Government may, by notification in the Official Gazette, constitute for the country a National Road Safety Council consisting of a Chairman and such other members as that Government considers necessary and on such terms and conditions as that Government may determine
S.216
Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Ch. XIV
Chapter XIV
S.217
Repeal and savings. - (1) The Motor Vehicles Act, 1939 (4 of 1939) and any law corresponding to that Act in force in any State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactments) are hereby repealed