The Motor Vehicles Act, 1988

The Motor Vehicles Act is an important law governing road safety, vehicle registration and licensing, and traffic rules in India.

Motor Vehicles ActRoad SafetyVehicle RegistrationTraffic RulesInsurance RequirementsTraffic ViolationsAccidentsEnforcementTribunalsCourts

Summary

The Motor Vehicles Act, 1988 is a comprehensive law that governs road safety and traffic regulations in India. The Act covers a wide range of topics, including vehicle registration and licensing, rules of the road, traffic violations and penalties, and insurance requirements for vehicles. The Act aims to promote safety on Indian roads and ensure that vehicles are maintained and operated in a responsible manner. It also establishes a framework for addressing accidents and enforcing traffic laws through the establishment of tribunals and courts. The Act has undergone several amendments over the years to keep up with changing transportation needs and technologies, and to address emerging safety concerns.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement

Section 2 : Definitions

Section 2A : e-cart and e-rickshaw

Section 2B : Promotion of innovation

CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES

Section 3 : Necessity for driving licence

Section 4 : Age limit in connection with driving of motor vehicles

Section 5 : Responsibility of owners of motor vehicles for contravention of sections 3 and 4

Section 6 : Restrictions on the holding of driving licences

Section 7 : Restrictions on the granting of learner's licences for certain vehicles

Section 8 : Grant of learner's licence

Section 9 : Grant of driving licence

Section 10 : Form and contents of licences to drive

Section 11 : Additions to driving licence

Section 12 : Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles

Section 13 : Extent of effectiveness of licences, to drive motor vehicles

Section 14 : Currency of licences to drive motor vehicles

Section 15 : Renewal of driving licences

Section 16 : Revocation of driving licence on grounds of disease or disability

Section 17 : Orders refusing or revoking driving licences and appeals therefrom

Section 18 : Driving Licences to drive motor vehicles, belonging to the Central Government

Section 19 : Power of licensing authority to disqualify from holding a driving licence or revoke such licence

Section 20 : Power of Court to disqualify

Section 21 : Suspension of driving licence in certain cases

Section 22 : Suspension or cancellation of driving licence on conviction

Section 23 : Effect of disqualification order

Section 24 : Endorsement

Section 25 : Transfer of endorsement and issue of driving licence free from endorsement

Section 26 : Maintenance of State Registers of Driving Licences

Section 27 : Power of Central Government to make rules

Section 28 : Power of State Government to make rules

CHAPTER III
LICENSING OF CONDUCTORS OF STAGE CARRIAGES

Section 29 : Necessity for conductor's licence

Section 30 : Grant of conductor's licence

Section 31 : Disqualifications for the grant of conductor's licence

Section 32 : Revocation of a conductor's licence on grounds of disease or disability

Section 33 : Orders refusing, etc, conductor's licences and appeals therefrom

Section 34 : Power of licensing authority to disqualify

Section 35 : Power of Court to disqualify

Section 36 : Certain provisions of Chapter II to apply to conductor's licence

Section 37 : Savings

Section 38 : Power of State Government to make rules

CHAPTER IV
REGISTRATION OF MOTOR VEHICLES

Section 39 : Necessity for registration

Section 40 : Registration, where to be made

Section 41 : Registration, how to be made

Section 42 : Special provision for registration of motor vehicles of diplomatic officers, etc

Section 43 : Temporary registration

Section 44 : Production of vehicle at the time of registration

Section 45 : Refusal of registration or renewal of the certificate of registration

Section 46 : Effectiveness in India of registration

Section 47 : Assignment of new registration mark on removal to another State

Section 48 : No objection certificate

Section 49 : Change of residence or place of business

Section 50 : Transfer of ownership

Section 51 : Special provisions regarding motor vehicle subject to hire-purchase agreement, etc

Section 52 : Alteration in motor vehicle

Section 53 : Suspension of registration

Section 54 : Cancellation of registration suspended under section 53

Section 55 : Cancellation of registration

Section 56 : Certificate of fitness of transport vehicles

Section 57 : Appeals

Section 58 : Special provisions in regard to transport vehicles

Section 59 : Power to fix the age limit of motor vehicle

Section 60 : Registration of vehicles belonging to the Central Government

Section 61 : Application of Chapter to trailers

Section 62 : Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority

Section 63 : Maintenance of State Registers of Motor Vehicles

Section 64 : Power of Central Government to make rules

Section 65 : Power of State Government to make rules

CHAPTER V
CONTROL OF TRANSPORT VEHICLES

Section 66 : Necessity for permits

Section 67 : Power to State Government to control road transport

Section 68 : Transport Authorities

Section 69 : General provision as to applications for permits

Section 70 : Application for stage carriage permit

Section 71 : Procedure of Regional Transport Authority in considering application for stage carriage permit

Section 72 : Grant of stage carriage permits

Section 73 : Application for contract carriage permit

Section 74 : Grant of contract carriage permit

Section 75 : Scheme for renting of motor cabs

Section 76 : Application for private service vehicle permit

Section 77 : Application for goods carriage permit

Section 78 : Consideration of application for goods carriage permit

Section 79 : Grant of goods carriage permit

Section 80 : Procedure in applying for and granting permits

Section 81 : Duration and renewal of permits

Section 82 : Transfer of permit

Section 83 : Replacement of vehicles

Section 84 : General conditions attaching to all permits

Section 85 : General form of permits

Section 86 : Cancellation and suspension of permits

Section 87 : Temporary permits

Section 88 : Validation of permits for use outside region in which granted

Section 88A : Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods

Section 89 : Appeals

Section 90 : Revision

Section 91 : Restriction of hours of work of drivers

Section 92 : Voidance of contracts restrictive of liability

Section 93 : Agent or canvasser or aggregator to obtain licence

Section 94 : Bar on jurisdiction of Civil Courts

Section 95 : Power of State Government to make rules as to stage carriages and contract carriages

Section 96 : Power of State Government to make rules for the purposes of this Chapter

CHAPTER VI
SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

Section 97 : Definition

Section 98 : Chapter to override Chapter V and other laws

Section 99 : Preparation and publication of proposal regarding road transport service of a State transport undertaking

Section 100 : Objection to the proposal

Section 101 : Operation of additional services by a State transport undertaking in certain circumstances

Section 102 : Cancellation or modification of scheme

Section 103 : Issue of permits to State transport undertakings

Section 104 : Restriction on grant of permits in respect of a notified area or notified route

Section 105 : Principles and method of determining compensation and payment thereof

Section 106 : Disposal of article found in vehicles

Section 107 : Power of State Government to make rules

Section 108 : Certain powers of State Government exercisable by the Central Government

CHAPTER VII
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

Section 109 : General provision regarding construction and maintenance of vehicles

Section 110 : Power of Central Government to make rules

Section 111 : Power of State Government to make rules

CHAPTER VIII
CONTROL OF TRAFFIC

Section 112 : Limits of speed

Section 113 : Limits of weight and limitations on use

Section 114 : Power to have vehicle weighed

Section 115 : Power to restrict the use of vehicles

Section 116 : Power to erect traffic signs

Section 117 : Parking places and halting stations

Section 118 : Driving regulations

Section 119 : Duty to obey traffic signs

Section 120 : Vehicles with left hand control

Section 121 : Signals and signalling devices

Section 122 : Leaving vehicle in dangerous position

Section 123 : Riding on running board, etc

Section 124 : Prohibition against travelling without pass or ticket

Section 125 : Obstruction of driver

Section 126 : Stationary vehicles

Section 127 : Removal of motor vehicles abandoned or left unattended on a public place

Section 128 : Safety measures for drivers and pillion riders

Section 129 : Wearing of protective headgear

Section 130 : Duty to produce licence and certificate of registration

Section 131 : Duty of the driver to take certain precautions at unguarded railway level crossing

Section 132 : Duty of driver to stop in certain cases

Section 133 : Duty of owner of motor vehicle to give information

Section 134 : Duty of driver in case of accident and injury to a person

Section 135 : Schemes to be framed for the investigation of accident cases and wayside amenities, etc

Section 136 : Inspection of vehicle involved in accident

Section 137 : Power of Central Government to make rules

Section 138 : Power of State Government to make rules

CHAPTER IX
MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA

Section 139 : Power of Central Government to make rules

CHAPTER X
LIABILITY WITHOUT FAULT IN CERTAIN CASES

Section 140 : Omitted

Section 141 : Omitted

Section 142 : Omitted

Section 143 : Omitted

Section 144 : Omitted

CHAPTER XI
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS

Section 145 : Definitions

Section 146 : Necessity for insurance against third party risk

Section 147 : Requirements of policies and limits of liability

Section 148 : Validity of policies of insurance issued in reciprocating countries

Section 149 : Settlement by insurance company and procedure therefor

Section 150 : Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

Section 151 : Rights of third party against insurers on insolvency of insured

Section 152 : Duty to give information as to insurance

Section 153 : Settlement between insurers and insured persons

Section 154 : Saving in respect of sections 151, 152 and 153

Section 155 : Effect of death on certain causes of action

Section 156 : Effect of certificate of insurance

Section 157 : Transfer of certificate of insurance

Section 158 : Production of certain certificates, licence and permit in certain cases

Section 159 : Information to be given regarding accident

Section 160 : Duty to furnish particulars of vehicle involved in accident

Section 161 : Special provisions as to compensation in case of hit and run motor accident

Section 162 : Scheme for golden hour

Section 163 : Refund in certain cases of compensation paid under section 161

Section 164 : Payment of compensation in case of death or grevious hurt, etc

CHAPTER XII
CLAIMS TRIBUNALS

Section 165 : Claims Tribunals

Section 166 : Application for compensation

Section 167 : Option regarding claims for compensation in certain cases

Section 168 : Award of the Claims Tribunal

Section 169 : Procedure and powers of Claims Tribunals

Section 170 : Impleading insurer in certain cases

Section 171 : Award of interest where any claim is allowed

Section 172 : Award of compensatory costs in certain cases

Section 173 : Appeals

Section 174 : Recovery of money from insurer as arrear of land revenue

Section 175 : Bar on jurisdiction of Civil Courts

Section 176 : Power of State Government to make rules

CHAPTER XIII
OFFENCES, PENALTIES AND PROCEDURE

Section 177 : General provision for punishment of offences

Section 177A : Penalty for contravention of regulations under section 118

Section 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

Section 179 : Disobedience of orders, obstruction and refusal of information

Section 180 : Allowing unauthorised persons to drive vehicles

Section 181 : Driving vehicles in contravention of section 3 or section 4

Section 182 : Offences relating to licences

Section 182A : Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components

Section 182B : Punishment for contravention of section 62A

Section 183 : Driving at excessive speed, etc

Section 184 : Driving dangerously

Section 185 : Driving by a drunken person or by a person under the influence of drugs

Section 186 : Driving when mentally or phycically unfit to drive

Section 187 : Punishment for offences relating to accident

Section 188 : Punishment for abetment of certain offences

Section 189 : Racing and trials of speed

Section 190 : Using vehicle in unsafe condition

Section 191 : Omitted

Section 192 : Using vehicle without registration

Section 192A : Using vehicle without permit

Section 193 : Punishment of agents, canvassers and aggregators without proper authority

Section 194 : Driving vehicle exceeding permissible weight

Section 194A : Carriage of excess passengers

Section 194B : Use of safety belts and the seating of children

Section 194C : Penalty for violation of safety measures for motor cycle drivers and pillion riders

Section 194D : Penalty for not wearing protective headgear

Section 194E : Failure to allow free passage to emergency vehicles

Section 194F : Use of horns and silence zones

Section 195 : Omitted

Section 196 : Driving uninsured vehicle

Section 197 : Taking vehicle without authority

Section 198 : Unauthorised interference with vehicle

Section 198A : Failure to comply with standards for road design, construction and maintenance

Section 199 : Offences by companies

Section 199A : Offences by juveniles

Section 199B : Revision of fines

Section 200 : Composition of certain offences

Section 201 : Penalty for causing obstruction to free flow of traffic

Section 202 : Power to arrest without warrant

Section 203 : Breath tests

Section 204 : Laboratory test

Section 205 : Presumption of unfitness to drive

Section 206 : Power of police officer to impound document

Section 207 : Power to detain vehicles used without certificate of registration permit, etc

Section 208 : Summary disposal of cases

Section 209 : Restriction on conviction

Section 210 : Courts to send intimation about conviction

Section 210A : Power of State Government to increase penalties

Section 210B : Penalty for offence committed by an enforcing authority

Section 210C : Power of Central Government to make rules

Section 210D : Power of State Government to make rules

CHAPTER XIV
MISCELLANEOUS

Section 211 : Power to levy fee

Section 212 : Publication, commencement and laying of rules and notifications

Section 213 : Appointment of motor vehicles officers

Section 214 : Effect of appeal and revision on orders passed by original authority

Section 215 : Road Safety Councils and Committees

Section 215A : Power of Central Government and State Government to delegate

Section 215B : National Road Safety Board

Section 215C : Power of Central Government to make rules

Section 215D : Power of State Government to make rules

Section 216 : Power to remove difficulties

Section 217 : Repeal and savings

Section 217A : Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939

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