Section 113 of MVA : Section 113: Limits Of Weight And Limitations On Use

Explanation using Example

Imagine a scenario where a local transportation company applies for a permit to operate its fleet of buses on a new intercity route. The State Government, as per Section 113(1) of The Motor Vehicles Act, 1988, sets specific conditions that the company must meet to acquire the permit. The company must comply with these conditions, which could include limitations on the number of buses, the timings of operation, and the specific route that the buses can take.

In another instance, a truck owner decides to replace the pneumatic tyres of his truck with cheaper, solid rubber tyres to save on costs. However, under Section 113(2), this action would be illegal, and if caught driving on public roads, the owner could be penalized for not complying with the requirement of having pneumatic tyres on the vehicle.

Furthermore, consider a truck driver who, in an attempt to make fewer trips, overloads his vehicle with goods beyond the gross vehicle weight specified in the truck's certificate of registration. This would be a direct violation of Section 113(3)(b), and if apprehended, the driver could face legal consequences for driving an overloaded vehicle.

Lastly, in a case where a driver, employed by a vehicle owner, is caught driving with solid tyres or an overloaded vehicle, the court may assume under Section 113(4) that the owner was aware of the violation or had instructed the driver to operate the vehicle in that manner, potentially implicating the owner in the offence.