THE MOTOR VEHICLES ACT,

1988
ACT No. 59 OF 1988
Department : Automobile Engineering
Subject: M.V Act & Transport Management

By,
Chinmoy Podder
Teacher of Malda Polytechnic
The purpose of this presentation is to
introduce executives of auto coys to the
salient provisions of the MV Act.
ABBREVIATIONS USED

Automobile –
Auto Driver – Dvr
Traffic - Tfc
Transport – Tpt
Vehicle – Veh
LA
W
It is a command enforced by some sanction.
It is a rule of action to which men are
obliged to make their conduct conform to.
CONSTITUTION
is a basic law defining and delimiting the
principle organs of Government and their
jurisdiction as well as the basic rights of men
and citizen.
All laws in the country, whether of the Union
or of the States, have to conform to the
constitutional scheme.
QUESTION

Where do the motor vehicles (in short vehs)

come in the context of the Constitution?
Contd..
The Constitution of India contains twelve
schedules. Schedules, in this context, mean
an appendix to a formal document or
statute, especially as a list or table.
Started simply, schedule to constitutional
text is same as an attachment to email.
Contd..
Seventh schedule of the Constitution
enumerates the subject matter of laws and
thus demarcates the division of
responsibility between the union and the
states.
Seventh schedule has three lists each
having a number of entries.
Contd..

Entry 23 of List I to the Seventh

Schedule “Highways declared by or under
law made by Parliament to be national
highways.”
Entry 13 of List II

Communications thatisto say roads, and

bridges, ferries other means of
communication.
Contd…

The subject of motor vehs is dealt by the

Central Government.
What is a motor
vehicle?
A motor veh or road veh is a self propelled
wheeled veh that does not operate on rails,
such as trains or trolleys.
India’s veh fleet had observed 9.2%
growth during 2017-2018, with total sales
hit 4.2 million units. In comparison,
Germany saw sales growth of 2.9%,
selling 3.81 million units.
The above figures include commercial as
well as passenger vehs.
No. of vehs in India in March 2015, was
21.0 million units.
Executive powers of the Union concerned
with the subject.

Ministry of Road Tpt & Highways in

Government of India deals with motor
veh laws in India.
The Ministry has two separate wings:

•Roads Wing
•Tpt Wing
Roads Wing deals with development and
maintenance of national highway in the
country.
Also entrusted with tpt research in order to
increase the mobility and efficiency of the
road tpt system in India.
 Transport Wing
deals with
1.Matters relating road tpt including
to motor veh
legislation.
3.Taxation
2. Compulsory insurance for veh.
4.Promotion of tpt co-operatives in
the field of motor tpt.

5. Setting national rd safety standards.

6.Compiling data on record of
accidents and evolving a rd safety culture.
National Highways Authority of India is
autonomous
an agency of the Government of India. The
total length of NH (including expressways) in the
country at present is 1,00,087.08 kms. While
highways/expressways constitute only about 1.7% of
the length of all rds, they carry about 40% of the road
tfc.
 MOTOR VEHICLE LAWS IN INDIA
A number of Legislations enumerated below
deal with different aspects of motor vehs.

1.The Carriage by Road Act, 2007

2.The Control of National Highways
(Land and Traffic) Act, 2002.
3.The Multimodal Transportation of
Goods Act, 1993.
4.The Motor Vehicles Act, 1988
5.The National Highways Authority of
India Act, 1988
6. The Motor Transport Workers Act, 1961
7.The Public Liability Insurance Act,
1961
8. The National Highways Act, 1956
9. The Road Transport Corporations
Act, 1950
10.The Fatal Accidents Act, 1855
 The Motor Vehicles Act
1988 (Act No. 59 of
1988)
MV ACT LEGAL
ARCHITECTURE

217 Sections
14 Chapters
49 Definitions
MV Act, 1988 has repealed the Motor
Vehicles Act, 1939. Subsequently, it
has been amended four times.
AMENDMENTS
ACTS

54 of 1994
27 of 2000
39 of 2001
3 of 2015
SIGNIFICANCE

The Act has taken into account changes in

the road tpt technology, pattern of
passenger and freight movements,
developments in the rd network in the
country and particularly the improved
techniques in the motor vehs management.
RELEVANCE OF MV ACT TO THE
MANAGERS AND EXECUTIVES OF
AUTO COMPANIES.
This is the main legislation that directly
concerns the auto industry. It governs the
type of vehs legally allowed to ply,
process of registration, licenses, routes
available, safety and pollution norms. It
enumerates the offences and adverse
consequences. Hence, all corporates are
impacted by its contents.
The Act deals
with:
Construction, equipment and maintenance

Standards for components and parts of

motor vehs

Anti-pollution control devices

Issue of testing fitness certificates, also by

the authorized testing stations.
The Act deals
with:
Liberalized schemes for grant of All
India Tourist permits as also national
permits for goods carriage.
Constitution of Rd Safety Councils
CHAPTERISATION
Heading
1. Preliminary
2. Licensing of dvrs of motor vehs

3.Licensing of conductors of stage carriages

4.Registration of motor vehs
Contd…
5. Control of tpt vehs
6.Special provisions relating to State
Tpt undertakings
7. Construction, equipment and maintenance
of vehs
Contd…

8. Control of tfc
9. Motor vehs temporarily leaving
or visiting
India
10. Liability without fault in
certain cases
Contd…

11.Insurance of motor vehicles against

third party risks
12. Claims Tribunals
13. Offences, penalties and procedure
14. Miscellaneous
PREAMBLE
An Act to consolidate and amend the
law relating to motor vehs.

PREAMBLE MEANING

The introduction to a formal document

that serves or explain its purpose.
 The Act categorizes motor
vehs in different types.
Generally the characterization is
based on
size,
type and utility of such vehs.
CARRIAGE

A carriage is a contrivance which is used

for carrying or transporting, especially
along or over a solid surface.
Contd…

Carriage includes any carriage, wagon,

cart truck, veh or other
means of conveying goods, or
passengers by land.
 AUTOMOBILE
The term auto includes all vehs
propelled by other than muscular
power,
except
rail rd and railway cars and motor vehs,
running only on rails and tracks, and road
rollers.
DEFINITIONS

Section 2 contains the definition

of various words and terms.
SECTION 2 (2)

Articulated Veh
means
a motor veh to which a semi trailer is
attached.
NOTE:

A trailer itself does not become an

articulated veh when used with an
articulated veh.

An articulated veh is a particular type of

tractor and notits trailer.
CONTRACT CARRIAGE

NECESSARY INGREDIENTS

1. Under permit to that effect.

2.Hired by passengers for hire or reward
under express or implied contract for use
of veh as a whole.
Contd…

3.Used from one point to another and

without stopping or picking up or setting
down along the line of route passengers
not included in contract.
4.Includes a motor-cab not withstanding
that the passengers may pay separate fact.
HIRE OR REWARD

Hire involves specific compensation for the

service provided.
Reward means any valuable consideration,
usually in situation where one person performs
a useful service for some other person.
It includes cases where there is no obligation
to pay.
CONTRACT CARRIAGE & STAGE
CARRIAGE
Section 2 (7) and 2 (40)

Difference
CC is engaged for the whole of the journey
between any two points but it has not the
right to pick up other passengers en-route.
CONTRACT CARRIAGE & SPECIAL
PERMIT
Section 63 (6) of MV Act, 1939

1. Carriage permit is renewable but

special
Contractpermit is not.
2. Contract carriage permit duration is as
prescribed under Section 58 (1), a specific period
which may only be few days, like a marriage party
bus.
DEALER
Section 2 (8)
includes a person who is engaged
(b)In building bodies for attachment
to chassis; or
(c) In the repair of motor vehs
(d)In the business of hypothecation, leasing or
hire purchase of motor
vehs.
EDUCATIONAL INSTITUTION
BUS
means
Section 2 (11)
an omnibus, which is owned by a college,
school or other educational institution and
used solely for the purpose of transporting
students or staff of the educational institution
in connection withany of its activities.
GOODS
Section 2 (13)

“Goods” includes livestock, and anything

(other than equipment ordinarily used with the
veh) carried by a veh except living persons, but
does not include luggage or personal effects
carried in a motor car or in a trailer attached to
a motor car or the personal luggage of
passengers travelling in the veh;
 DISTINCTION BETWEEN
LUGGAGE & GOODS

Luggage carried do not fall within

the meaning of goods.
GOODS CARRIAGE
Section 2 (14)

“ Goods carriage ” means any motor

veh constructed or adapted for use solely for
the carriage of goods, or any motor veh not
so constructed or adapted when used for the
carriage of goods.
Comments

A goods carriage is not meant to carry

passengers and under the garb of carrying
owners of goods, passengers cannot be
carried.
HEAVY GOODS
VEHICLE
Section 2 (16)
“Heavy goods veh” means any goods
carriage the gross veh weight of which, or a
tractor or a road-roller the unladen weight of
either of which, exceeds 12,000 kilograms;
Comments

Vehs are classified under the law into

different categories.

Authorization to drive one category

of
veh cannot enable the driver to drive another
HEAVY PASSENGER MOTOR
VEH
Section 2 (17)
“Heavy passenger motor veh” means any
public service veh or private service veh or
educational institution bus or omnibus the
gross veh weight of any of which, or a motor
car the unladen weight of which, exceeds
12,000 kilograms;
INVALID CARRIAGE
Section 2 (18)

“Invalid carriage” a motor veh

specially designed and constructed, and not
means
merely, adapted, for the use of a person
suffering from some physical defect or
disability, and used solely by or for such a
person;
LEARNER’S LICENSE
To be noted:

1.Driving license does not mean a

learner’s license
2. Aminor cannot be an owner (his
guardian would be the owner)
LIGHT MOTOR VEHICLE
Section 2 (21)

“Light motor veh” means a transport vehicle

or omnibus the gross veh weight of either of
which or a motor car or tractor or road-roller
the unladen weight of any of which, does not
exceed 7,500 kilograms.
Comments

1.Auto rickshaw falls in the definition of

light motor veh.

2.All the vehs included in Section 2 (21) are

four wheeled vehs and a motor cycle has
not been included in the definition of Light
Motor Veh.
Dictionary MANUFACTURE
meaning
A manufacturer is a person or company
that makes goods for sale.

Section 2 (21 A)
A person who is engaged in the
manufacture of motor vehs.
MAXICAB
Section 2 (22)

“Maxicab” means any motor veh

constructed or adapted to carry more than
six passengers, but not more than twelve
passengers, excluding the dvr, for hire or
reward;
MEDIUM GOODS VEHICLE
Section 2 (23)

“Medium goods veh” means any goods

carriage other than a light motor veh or a
heavy goods veh;
MEDIUM PASSENGER
MOTOR VEHICLE
Section 2 (24)

“Medium passenger motor veh” means any

public service veh or private service veh, or
educational institution bus other than motor
cycle, invalid carriage, light motor vehicle or
heavy passenger motor veh.
MOTOR CAR
Section 2 (26)

“Motor Car” means any motor veh other than

a transport veh, omnibus, road-roller, tractor,
motor cycle or invalid carriage;
Following Excluded from Definition
of Motor Car :

-Transport veh
-Omnibus
-Road roller
-Tractor
-Motor cycle
-Invalid carriage
Comments

When a motor car which is a motor veh

is used for carrying passengers for hire or
reward, it ceases to be a motor car. It is
the
use use of the motor veh for carrying passenger
for hire or reward which determines its
category.
MOTOR VEHICLE
Section 2 (28)

“Motor veh” or “veh” means any mechanically

propelled veh adapted for use upon rds
whether the power of propulsion is transmitted
thereto from an external or internal source
and includes a chassis to which a body
has not been attached and a trailer; but does
Contd…
include a veh running upon fixed rails or a veh
of a special type adapted for use only in a
factory or in any other enclosed premises or a
veh having less than four wheels fitted with
engine capacity of not exceeding [twenty-five
cubic centimeters]
Comments

1.The words ‘adapted for use on the rds

does not necessarily mean
actual use on rd.

2.A trailer through incapable of self

propulsion, is covered by the definition’.
Contd…
3.Rd-rollers and excavators come within
definition.

4.A mechanically propelled crane driven

on public rds falls within
the definition.
Contd…

5. Enclosed premises means a place

surrounded by walls, fences or other
barriers.
OWNER
Section 2 (30)
“Owner” means a person in whose name a
motor veh stands registered, and where such
person is a minor, the guardian of such minor,
and in relation to a motor veh which is
the subject of a hire-purchase agreement,
agreement of lease or an agreement or of
an
hypothecation, the person in possession of the
veh under that agreement.
Comments

1. The definition appears to have been

drafted in order to help the victims of rd
tfc accidents.
2.A person may be in possession and control
of the veh, but he might not have any title or
right to transfer it.
3.The ownership of a veh is only transferred
when there is an entry in the registration book
and the transferee had made an application that
he had purchased the veh.
PERMIT
Section 2 (31)

“Permit” means a permit issued by a State or

Regional Tpt Authority or an authority
prescribed in this behalf under this Act
authorizing the use of a motor veh as a tpt
veh;
Comments

1.The definition makes no distinction

between a permanent and temporary permit.

2.A permit for a tpt veh is always in

relation to a particular route mentioned in
the permit.
Comments

3.The word permit as defined would

include a temporary permit effective for a
limited period.

4.A permit relates to a specified veh.

Section 2 (32)

“Prescribed” means prescribed by

rules made under this Act;
PRIVATE SERVICE VEHICLE
Section 2 (33)
“Private Service Veh” means a motor veh
constructed or adapted to carry more than six
persons excluding the dvr and ordinarily used
by or on behalf of the owner of such veh for
the purpose of carrying persons for, or in
connection with, his trade or business
otherwise than for hire or reward but does not
include a motor veh used for public purposes;
Comments

Where the veh possessed by the employer

was used only for the purpose of carrying
on its employees and their children under
the welfare scheme for the employees, it
would be termed as private service veh.
PUBLIC PLACE
Section 2 (34)

“Public Place” means a rd, street, way or

other place, whether a thorough fare or not,
to which the public have a right of access,
and includes any place or stand at which
passengers are picked up or set down by a
stage carriage;
Comments
1.The place need not be a motorable road
or a public rd.

2.The right of access may be permissive,

limited or restricted or regulated by oral or
written permission by tickets, passes or
badges or on payment of fee.
PUBLIC SERVICE VEHICLE
Section 2 (35)

“Public Service Veh” means any motor veh

used or adapted to be used for the carriage
of passengers for hire or reward, and
includes a maxicab, a motor cab, contract
carriage, and stage carriage;
Comments

1.A motor car registered as a tourist car

comes within the definition of public
service veh.

2.The word public implies people as a

whole or pertaining to the whole people.
REGISTERED AXLE
WEIGHT
Section 2 (36)
“Registered axle weight” means in respect of
the axle of any veh, the axle weight certified
and registered by the registering authority as
permissible for that axle;
REGISTERING
AUTHORITY
Section 2 (37)
“Registering authority” means an authority
empowered to register motor vehs under
Chapter IV;
Comments

The Dy Transport Commissioner

(Enforcement) or the Dy Transport
Commissioner (Passenger Tax) is not one
of the registering authorities.
ROUTE
Section 2 (38)

“Route” means a line of travel which specifies

the highway which may be traversed by a
motor veh between one terminus and another;
SEMI TRAILER

Section 2 (39)
“Semi-trailer” means a veh not mechanically
propelled (other than a trailer), which is
intended to be connected to a motor veh and
which is so constructed that a portion of it is
superimposed on, and a part of whose weight is
borne by, that motor veh.
STAGE CARRIAGE
Section 2 (40)
“Stage carriage” means a motor veh
constructed or adapted to carry more than six
passengers excluding the dvr for hire or
reward at separate fares paid by or for
individual passengers, either for the whole
journey or for stages of the journey;
Comments

The stage carriage runs between two

points irrespective of any prior contract
and it is boarded by passengers enroute
who pay the fare for the distance they
prepare to travel.
TOURIST VEHICLE
Section 2 (43)

“Tourist veh” means a contract carriage,

constructed or adapted and equipped and
maintained in accordance with such
specifications as may be prescribed in this
behalf;
TRACTOR
Section 2 (44)

“Tractor” means a motor veh which is not

itself constructed to carry any load (other
than equipment used for the purpose of
propulsion); but excludes a rd-roller;
Comments

1. A tractor fitted with

operated shovel,
hydraulically
though confined in its
operation to only to certain factory
premises, is a motor veh which can be
adapted or made suitable for use as such
veh upon the rds.
Comments

2. A tractor is not meant to carry any

passenger or to carry any load. When a
trailer is attached to the tractor, the trailer
can be used for carriage of goods.
However, the trailer cannot be used for
carriage of passengers.
TRAILER
Section 2 (46)

“Trailer” means any veh, other than a

semi-trailer and a side-car, drawn or
intended to be drawn by a motor veh;
TRANSPORT VEHICLE
Section 2 (47)

“Transport veh” means a public service

veh, a goods carriage, an educational
institution bus or a private service veh;
Comments

1. Carrying manure is solely for agriculture

purposes and in the absence of evidence that the
tractor which was carrying manure was also
carrying something else, the tractor does not fall
within the ambit of Section (33) and hence no
need of taking a permit for that tractor.
Comments

2. Motor veh includes trailer and

a therefore trailer comes within
theit is a tpt
definition of goods veh and so
veh.
Section 2 (48)

“Unladen weight” means the weight of a veh

or trailer including all equipment ordinarily
used
with the veh or trailer when working, but
excluding
the weight of a dvr or attendant; and where
alternative parts or bodies are used the unladen
Section 2 (49)

“Weight” means the total weight transmitted

for the time being by the wheels of a vehicle
to the surface on which the veh rests.
E-CART AND E-
RICKSHAW SECTION 2A
means a special purpose battery powered veh
of power not exceeding 4000 watts having
three wheels for carrying goods or
passengers, as the case may be, for hire or
reward, manufactured, constructed or
adapted,
Contd…

equipped and maintained in accordance with

specifications as may be prescribed in this
behalf.
NECESSITY FOR CONDUCTOR’S
LICENCE
Section 29
No person shall act as a conductor of a
stage carriage unless he holds an effective
conductor’s license issued to him authorizing
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
NECESSITY FOR REGISTRATION

Section 39

No person shall drive any motor veh and no

owner of a motor veh shall cause or
permit the veh to be driven in any public
place or in any other place unless the veh
is registered in accordance with this Chapter
Contd…
the certificate of registration of the veh
has not been suspended or cancelled and
the veh carries a registration mark
displayed in the prescribed manner:
Provided that nothing in this section
shall
apply to a motor veh in possession of
a
dealer subjectto such conditions as may
 Section 51
Special provision regarding Motor
Veh subjectto Hire Purchase
Agreement etc.
 Section 52

Alteration in Motor Veh

Alteration means a change in the
structure of a veh which results in
a change in its basic features.
No owner of a motor veh shall so alter the
veh that the particularscontained in the
certificate of registration are at variance
with those originally specified by the
manufacturer.
 The Government has a duty to ensure
that only roadworthy vehs come
on road. In other words, the
vehs that are fit to
drive.
 Certificates of fitness of tpt
Section 56
This provision has been added with a
view to prevent or reduce pollution
and due to the environment concerns.
But there exists a need to ensure
transparency and institute accountability.
 The Act has dealt with the matter of
maximum time for which a motor veh
may be used.
 SPECIAL PROVISION WITH
REGARD TO TRASNPORT
VEHICLES Section 58

(1)The Central Government may, having

regard to the number, nature and
size of the tyres attached to the wheels of a
transport veh, (other than a motorcab), and its
make and model and otherrelevant
considerations,
Contd…

By notification in the Official Gazette,

specify, in relation to each make and model
of a tpt veh, the [maximum gross veh
weight] of such veh and the maximum
safe axle
weight of each axle of such veh.
Contd…

(2)A registering authority, when registering

a tpt veh, otherthan a motorcab,
shall enter in the record of registration and
shall also enter in the certificate of
registration of the veh the
following particulars, namely:—
(a) the unladen weight of the veh;

(b)the number, nature and size of the tyres

attached to each wheel;
(c) the gross veh weight of the veh and the
registered axle weights pertaining to
the several axles thereof; and
(d) if the veh is used or adapted to be used
for the carriage of passengers solely or in
addition to goods, the number of passengers
for whom accommodation is provided, and the
owner of the veh shall have the same
particulars exhibited in the prescribed manner
on the veh.
 (3)There shall not be entered in the
certificate of registration of any such
veh any gross veh weightor a
registered axle weight of any of the
axles
different from that specified in the
notification under sub-section (1) in
relation to the make and model of such veh
and
 Provided that where it appears to the
Central Governmentthat heavier weights
than those specified in the notification
under
sub-section (1)may bepermitted in a
particular locality for vehs of a
particular type, the Central Government
may, by order in the Official Gazette direct
that the provisionsof this sub-section shall
apply with such modifications as may
 (5) In order that the gross veh weight
entered in the certificate of registration of
a
veh may be revised in accordance
with the provisionsof
sub-section (3), the
registering authority may require the
owner
of tpt veh in accordance with such
procedure as may be prescribed to
POWER TO FIX THE AGE LIMIT
OF
MOTOR VEH
Section 59
Different ages for different classes or
different types of motor vehs.
CONSIDERATIONS

Having regard to

(a) Public safety

(b) Convenience
(c) Objects of this
Act
Thus fixation of age for different category
of vehs can belawful only on these three
grounds.
 APPLICATION OF CHAPTERS TO
TRAILERS

Section 61 (1)
The provisions of this chapter shall apply
to the registration of trailers as they apply
to the registration of any
other motor vehs.
Power of State Government to control
road transport is enshrined under

Section 67
Role of auto manufacturers,
dealers and servicing
companies.
 CONTROL OF TPT
VEHS
Secs 66 to 96 deal with permits, tpt authorities, hours
of work of dvrs and rules provisions for this chapter
 CHAPTER
VII
General provision regarding construction
and maintenance of vehs.
Section 109…..
 (1)Every motor veh shall be so constructed
and so maintained as to be at all times under
the effective control of the person driving the
veh.
(2)Every motor veh shall be so constructed
as to have right hand steering control unless
it is equipped with a mechanical or electrical
signalling device of a prescribed nature.
 [(3)If the Central Government is of the
opinion that it is necessary or expedient
so to do in public interest, it may by order
published in the Official Gazette, notify that
any article or process used by a
manufacturer shall conform to such
standard as may be specified in that order.]
To operationalize the law,it may
require framing of elaborate
rules

110. Power of Central Government

111. Power of State Government

Power of Central Government to
make Rules
Section
110
(a) the width, height, length and
overhand of vehs and of the loads
carried;
(b) the size, nature, maximum retail
price and
condition of tyres, including
embossing
Contd…

(d)the use of safety glasses including

prohibition of the use of tinted safety glasses;

(e) signalling appliances, lamps and

reflectors;

(f) speed governors;

Contd…

(g)the emission of smoke, visible vapour,

sparks, ashes, grit or oil;

(h)the reduction of noise emitted by or

caused by vehs;

(i)the embossment of chassis number and

engine number and the date of
Contd…

(j)safety belts, handle bars of motor cycles,

auto-dippers and other equipment essential
for safety of dvrs, passengers and other rd
users;

(k)standards of the components used in the

veh as inbuilt safety devices;
Contd…
(l)provision for transportation of goods of
dangerous or hazardous nature to human
life;

(m) standards for emission of air

pollutants;
Contd…

(o)the placement of audio-visual or radio

or tape recorder type of device in public
vehs;

(p)warranty after sale of veh and norms

therefore:
Provided that any rules relating to the matters
dealing with the protection of environment, so
far as may be, shall be made after
consultation with the Ministry of the
Government of India dealing with
environment.
Contd…
(2) Rules may be made under sub-section (1)
governing the matters mentioned
therein, including the manner
compliance ofwithensuring
such the
matters and the
maintenance of motor vehs in respect of
such
matters, either generally in respect of motor
vehs or trailers or in respect of motor vehs or
trailers of a particular class or in
Power of State Government to
make Rules
Section 111
(1) A State Government may make
rules
regulating the construction, equipment
and maintenance of motor
vehs and trailers with respect to all matters
other than the matters
specified in sub-section (1) of section 110.
Contd…
(2) Without prejudice to the generality of the
foregoing power, rules may be made
under
this section governing all or any of the
following matters either generally in respect
of motor vehs or trailers or in respect of
motor vehs or trailers of a particular class
or description or in particular
(a)seating arrangements in public service
vehs and the protection of passengers
against the weather;

(b)prohibiting or restricting the use of

audible signals at certain times or in certain
places;
(c)prohibiting the carrying of
appliances likely to cause annoyance or
danger;

(d)the periodical testing and inspection of

vehs by prescribed authorities [and fees to
be charged for such test]
(e)the particulars other than registration
marks to be exhibited by vehs and the
manner in which they shall be exhibited;

(f) the use of trailers with motor vehs;

CONTROL OF
TRAFFIC
Section 112 to 138 relate to speed limits,
use, tfc signs, safety measures abandoned or
unattended vehs, duties of dvrs and
inspection of accidented vehs.
LIMITS OF
SPEED
Section 112
(1) No person shall drive a motor veh
or cause or allow a motor veh to
be driven in any publicplace at a speed
exceeding the maximum speed or below the
minimum speed fixedfor the veh under
this
 Act or by or under any other law for the
time being in force:
Providedthat such maximum speed shall
in no case exceed the maximum fixed
for any motor veh or class or description
of motor vehs by the Central
Government by notification in the
Official Gazette.
 (2) The State Government or any
authority authorized in this behalf by
the State Government may, if satisfied
that it is
necessary to restrict the speed of motor vehs
in the interest of public safety or convenience
or because of the nature of any rd or
bridge,
by notification in the Official Gazette, and by
causing appropriate traffic signs to be
 Section 116 at suitable places, fix such
maximum speed limits or minimum speed
limits as it thinks fit for motor vehs or any
specified class or description of motor vehs
or for motor vehs to whicha trailer is
attached, either generally or in a particular
area or on a particular rd or rds:
 Provided that no such notificationis
necessary if any restriction under this
section is to remain in force for not more
than onemonth.

(3) Nothing in this section shall apply

to any veh registered under section 60
while it
is being used in the execution of
 manoeuvres withinthe area and during
the period specified in the notification
under sub-section (1) of section 2 of
the manoeuvres, Field Firing and
Artillery Practice Act, 1938 (5 of
1938).
Limits of weight and limitations on
use
Section 113
(1) The State Government may prescribe
the conditions for the issue of permits
for
[transport vehs] by the State or
Regional Transport Authorities
and may prohibit or
restrict the use of such vehs in any area
(2)Exceptas may be otherwise prescribed,
no person shall drive or cause or allow to
be
driven in any public place any motor
veh
which is not fitted with pneumatic tyres.
(3)No person shall drive or cause or
allow to be driven in any public place any
(a)the unladen weight of which exceeds the
unladen weight specified in the certificate of
registration of the veh, or

(b)the laden weight of which exceeds the

gross veh weight specified in the certificate
of registration.
(4) Where the dvr or person in charge of a
motor veh or trailer driven in contravention
of sub-section (2) or clause (a) of sub-
section (3) is not the owner, a Court may
presume that the offence was committed
with the knowledge of or under the orders of
the owner of the motor veh or trailer.
Contd…

Vehs with left hand control are

covered under

Section 121
 Chapters X and XII with Secs 140 to 176
lay downliability without fault in certain
cases, insurance of motor vehs against
third partyrisks and provisions concerning
claims tribunals.
What happens if the laid down
provisions are disregarded?
OFFENCES
Different types of offences and penalties
have been enumerated in following
provisions of the MV Act.

Sections3,4,5,6,23,36,39,47,52,66,93,109,11
2,113,114,115,124,130,132,133,134,158,178
,
179,185,189,197 and 198 etc.
Duty of dvr in case of accident and injury
to a person

Section 134
Section 185 is with regard to driving by
a drunken person or by
a person under the influence of
drugs.
KEY PROVISIONS IN MOTOR
VEHS (AMENDMENT) BILL, 2017
RECALLING OF VEHICLES

Motor Vehicles Act, 1988: Currently there is no

provision to recall vehs that are old or are harmful
to the environment or do not meet safety
standards.
New provisions 110A and 110B to empower
Central Government to recall vehs which
do not meet standards and it also provides for
establishment of testing agencies for issuing
certificates of approval.
TRANSPARENT, CENTRALISED AND
EFFICIENT DRIVER’S LICENSING
SYSTEM
Chapter II of the MVA relates to Licensing
of Drivers of Motor Vehs.

Under the existing Act, the lack of

centralized database of all licenses and
avehs across India led to a situation where motor
person may have
adifferent States. multiple licenses from
The second proviso to Section 9 (3) exempts
applicants of drivers’ licenses to take the test
of competence if she/he possesses a driving
certificate issued by any institution recognized
by the State Government.

To drive a tpt veh, an applicant is required to

possess minimum educational
qualifications.
To drive a tpt veh, an applicant is required to
possess minimum educational qualifications.

The licensing system would be digitized and

the identification of the applicant would also
be linked as per the UID mechanism.
Minimum educational qualifications for tpt
drivers given under Section 9(4) has been
omitted.
By the insertion of sub-section (5) in Section
12, the necessity of possessing a license to
drive a light motor veh for at least one year
before applying for a learners’ license to
drive a tpt veh has been removed. An
applicant can now directly apply for the class
of veh in which he has received training
through an accredited school.
The renewal of tpt licenses under Section 14 (2)
(a) has been increased to five years from three years.
The renewal of tpt licenses for driving vehswith
hazardous goods has been increased to three years
from one year subject to such conditions as may
be prescribed by the Central Government.
The provision also for the State
Registers
provides to be subsumed in the national
register. It specifies that no driving license
shall be valid unless it has been issued a
unique driving license number under the
National Register of Driving Licenses.
To facilitate the grant of licenses in a
transparent manner, insertion of Section 25A
provides for the establishment of National
Register for Driving Licenses containing data
on all driving licenses issued throughout India.
SUMMAR
Y
Due sensitization ofthe auto
engineers and those connected with
sale,
servicingand maintenance of vehs to
the provisions of the MV Act, 1988 is
a functional necessity.
Auto companies may wish to discuss and
disseminate provisions of the MV Act.

They will be well advised to carefully examine

any changes contemplated in law, and to offer
their comments.
ACKNOWLEDGEMENT

The contribution of Advocate Neha Anand,

Senior Associate, Lex Consilium Foundation
for working on this presentation.
THANK
YOU