Civil Law and Procedure
The Motor Vehicles Act, 1988
Act 59 of 1988 · 257 sections
Practise questions on Motor Vehicles Act
Title, date and preamble
[14th October, 1988.]
An Act to consolidate and amend the law relating to motor vehicles.
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
- 3.Necessity for driving licence
- 4.Age limit in connection with driving of motor vehicles
- 5.Responsibility of owners of motor vehicles for contravention of sections 3 and 4
- 6.Restrictions on the holding of driving licences
- 7.Restrictions on the granting of learner’s licences for certain vehicles
- 8.Grant of learner’s licence
- 9.Grant of driving licence
- 10.Form and contents of licences to drive
- 11.Additions to driving licence
- 12.Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles
- 13.Extent of effectiveness of licences, to drive motor vehicles
- 14.Currency of licences to drive motor vehicles
- 15.Renewal of driving licences
- 16.Revocation of driving licence on grounds of disease or disability
- 17.Orders refusing or revoking driving licences and appeals therefrom
- 18.Driving licences to drive motor vehicles, belonging to the Central Government
- 19.Power of licensing authority to disqualify from holding a driving licence or revoke such licence
- 20.Power of Court to disqualify
- 21.Suspension of driving licence in certain cases
- 22.Suspension or cancellation of driving licence on conviction
- 23.Effect of disqualification order
- 24.Endorsement
- 25.Transfer of endorsement and issue of driving licence free from endorsement
- 25A.National Register of Driving Licences
- 26.Maintenance of State Registers of Driving Licences
- 27.Power of Central Government to make rules
- 28.Power of State Government to make rules
CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES
- 29.Necessity for conductor’s licence
- 30.Grant of conductor’s licence
- 31.Disqualifications for the grant of conductor’s licence
- 32.Revocation of a conductor’s licence on grounds of disease or disability
- 33.Orders refusing, etc., conductor’s licences and appeals therefrom
- 34.Power of licensing authority to disqualify
- 35.Power of Court to disqualify
- 36.Certain provisions of Chapter II to apply to conductor’s licence
- 37.Savings
- 38.Power of State Government to make rules
CHAPTER IV REGISTRATION OF MOTOR VEHICLES
- 39.Necessity for registration
- 40.Registration, where to be made
- 41.Registration, how to be made
- 42.Special provision for registration of motor vehicles of diplomatic officers, etc
- 43.Temporary registration
- 44.Production of vehicle at the time of registration
- 45.Refusal of registration or renewal of the certificate of registration
- 46.Effectiveness in India of registration
- 47.Assignment of new registration mark on removal to another State
- 48.No objection certificate
- 49.Change of residence or place of business
- 50.Transfer of ownership
- 51.Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
- 52.Alteration in motor vehicle
- 53.Suspension of registration
- 54.Cancellation of registration suspended under section 53
- 55.Cancellation of registration
- 56.Certificate of fitness of transport vehicles
- 57.Appeals
- 58.Special provisions in regard to transport vehicles
- 59.Power to fix the age limit of motor vehicle
- 60.Registration of vehicles belonging to the Central Government
- 61.Application of Chapter to trailers
- 62.Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority
- 62A.Prohibition of registration and issuance of certificate of fitness to oversized vehicles
- 62B.National Register of Motor Vehicles
- 63.Maintenance of State Registers of Motor Vehicles
- 64.Power of Central Government to make rules
- 65.Power of State Government to make rules
CHAPTER V CONTROL OF TRANSPORT VEHICLES
- 66.Necessity for permits
- 66A.National Transportation Policy
- 66B.No bar against permit holders to apply and hold licences under schemes
- 67.Power to State Government to control road transport
- 68.Transport Authorities
- 69.General provision as to applications for permits
- 70.Application for stage carriage permit
- 71.Procedure of Regional Transport Authority in considering application for stage carriage permit
- 72.Grant of stage carriage permits
- 73.Application for contract carriage permit
- 74.Grant of contract carriage permit
- 75.Scheme for renting of motor cabs [and motor cycles]
- 76.Application for private service vehicle permit
- 77.Application for goods carriage permit
- 78.Consideration of application for goods carriage permit
- 79.Grant of goods carriage permit
- 80.Procedure in applying for and granting permits
- 81.Duration and renewal of permits
- 82.Transfer of permit
- 83.Replacement of vehicles
- 84.General conditions attaching to all permits
- 85.General form of permits
- 86.Cancellation and suspension of permits
- 87.Temporary permits
- 88.Validation of permits for use outside region in which granted
- 88A.Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods
- 89.Appeals
- 90.Revision
- 91.Restriction of hours of work of drivers
- 92.Voidance of contracts restrictive of liability
- 93.Agent or canvasser or aggregator to obtain licence
- 94.Bar on jurisdiction of Civil Courts
- 95.Power of State Government to make rules as to stage carriages and contract carriages
- 96.Power of State Government to make rules for the purposes of this Chapter
CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS
- 97.Definition
- 98.Chapter to override Chapter V and other laws
- 99.Preparation and publication of proposal regarding road transport service of a State transport undertaking
- 100.Objection to the proposal
- 101.Operation of additional services by a State transport undertaking in certain circumstances
- 102.Cancellation or modification of scheme
- 103.Issue of permits to State transport undertakings
- 104.Restriction on grant of permits in respect of a notified area or notified route
- 105.Principles and method of determining compensation and payment thereof
- 106.Disposal of article found in vehicles
- 107.Power of State Government to make rules
- 108.Certain powers of State Government exercisable by the Central Government
CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
CHAPTER VIII CONTROL OF TRAFFIC
- 112.Limits of speed
- 113.Limits of weight and limitations on use
- 114.Power to have vehicle weighed
- 115.Power to restrict the use of vehicles
- 116.Power to erect traffic signs
- 117.Parking places and halting stations
- 118.Driving regulations
- 119.Duty to obey traffic signs
- 120.Vehicles with left hand control
- 121.Signals and signalling devices
- 122.Leaving vehicle in dangerous position
- 123.Riding on running board, etc
- 124.Prohibition against travelling without pass or ticket
- 125.Obstruction of driver
- 126.Stationary vehicles
- 127.Removal of motor vehicles abandoned or left unattended on a public place
- 128.Safety measures for drivers and pillion riders
- 129.Wearing of protective headgear
- 130.Duty to produce licence and certificate of registration
- 131.Duty of the driver to take certain precautions at unguarded railway level crossings
- 132.Duty of driver to stop in certain cases
- 133.Duty of owner of motor vehicle to give information
- 134.Duty of driver in case of accident and injury to a person
- 134A.Protection of Good Samaritans
- 135.Schemes to be framed for the investigation of accident cases and wayside amenities, etc
- 136.Inspection of vehicle involved in accident
- 136A.Electronic monitoring and enforcement of road safety
- 137.Power of Central Government to make rules
- 138.Power of State Government to make rules
CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
CHAPTER X LIABILITY WITHOUT FAULT IN CERTAIN CASES Omitted
CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
- 145.Definitions
- 146.Necessity for insurance against third party risks
- 147.Requirement of policies and limits of liability
- 148.Validity of policies of insurance issued in reciprocating countries
- 149.Settlement by insurance company and procedure therefor
- 150.Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
- 151.Rights of third party against insurers on insolvency of insured
- 152.Duty to give information as to insurance
- 153.Settlement between insurers and insured persons
- 154.Saving in respect of sections 151, 152 and 153
- 155.Effect of death on certain causes of action
- 156.Effect of certificate of insurance
- 157.Transfer of certificate of insurance
- 158.Production of certain certificates, licence and permit in certain cases
- 159.Information to be given regarding accident
- 160.Duty to furnish particulars of vehicle involved in accident
- 161.Special provisions as to compensation in case of hit and run motor accident
- 162.Scheme for golden hour
- 163.Refund in certain cases of compensation paid under section 161
- 164.Payment of compensation in case of death or grevious hurt, etc
- 164A.Scheme for interim relief for claimants
- 164B.Motor Vehicle Accident Fund
- 164C.Power of Central Government to make rules
- 164D.Power of State Government to make rules
CHAPTER XII CLAIMS TRIBUNALS
- 165.Claims Tribunals
- 166.Application for compensation
- 167.Option regarding claims for compensation in certain cases
- 168.Award of the Claims Tribunal
- 169.Procedure and powers of Claims Tribunals
- 170.Impleading insurer in certain cases
- 171.Award of interest where any claim is allowed
- 172.Award of compensatory costs in certain cases
- 173.Appeals
- 174.Recovery of money from insurer as arrear of land revenue
- 175.Bar on jurisdiction of Civil Courts
- 176.Power of State Government to make rules
- 177.General provision for punishment of offences
- 177A.Penalty for contravention of regulations under section 118
CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
- 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
- 179.Disobedience of orders, obstruction and refusal of information
- 180.Allowing unauthorised persons to drive vehicles
- 181.Driving vehicles in contravention of section 3 or section 4
- 182.Offences relating to licences
- 182A.Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
- 182B.[Penalty] for contravention of section 62A
- 183.Driving at excessive speed, etc
- 184.Driving dangerously
- 185.Driving by a drunken person or by a person under the influence of drugs
- 186.Driving when mentally or physically unfit to drive
- 187.Punishment for offences relating to accident
- 188.Punishment for abetment of certain offences
- 189.Racing and trials of speed
- 190.Using vehicle in unsafe condition
- 191.Sale of vehicle in or alteration of vehicle to condition contravening this Act
- 192.Using vehicle without registration
- 192A.Using vehicle without permit
- 192B.Offences relating to registration
- 193.Punishment of [agents, canvassers and aggregators] without proper authority
- 194.Driving vehicle exceeding permissible weight
- 194A.Carriage of excess passengers
- 194B.Use of safety belts and the seating of children
- 194C.Penalty for violation of safety measures for motor cycle drivers and pillion riders
- 194D.Penalty for not wearing protective headgear
- 194E.Failure to allow free passage to emergency vehicles
- 194F.Use of horns and silence zones
- 195.Imposition of minimum fine under certain circumstances
- 196.Driving uninsured vehicle
- 197.Taking vehicle without authority
- 198.Unauthorised interference with vehicle
- 198A.Failure to comply with standards for road design, construction and maintenance
- 199.Offences by companies
- 199A.Offences by juveniles
- 199B.Revision of fines [and penalties]
- 200.Composition of certain offences
- 201.Penalty for causing obstruction to free flow of traffic
- 202.Power to arrest without warrant
- 203.Breath tests
- 204.Laboratory test
- 205.Presumption of unfitness to drive
- 206.Power of police officer to impound document
- 207.Power to detain vehicles used without certificate of registration permit, etc
- 208.Summary disposal of cases
- 209.Restriction on conviction
- 210.Courts to send intimation about conviction
- 210A.Power of State Government to increase [fine or] penalties
- 210B.Penalty for offence committed by an enforcing authority
- 210C.Power of Central Government to make rules
- 210D.Power of State Government to make rules
CHAPTER XIV MISCELLANEOUS
- 211.Power to levy fee
- 211A.Use of electronic forms and documents
- 212.Publication, commencement and laying of rules and notifications
- 213.Appointment of motor vehicles officers
- 214.Effect of appeal and revision on orders passed by original authority
- 215.Road Safety Councils and Committees
- 215A.Power of Central Government and State Government to delegate
- 215B.National Road Safety Board
- 215C.Power of Central Government to make rules
- 215D.Power of State Government to make rules
- 216.Power to remove difficulties
- 217.Repeal and savings
- 217A.Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939