Section 183 of MVA : Section 183: Driving At Excessive Speed, Etc
MVA
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Explanation using Example
Imagine a scenario where John, who owns a delivery company, instructs his employee, Dave, to complete deliveries using a light motor vehicle within a tight schedule. To meet the deadlines, Dave speeds through a residential area where the legal speed limit is 30 mph, but he is caught driving at 50 mph. The traffic police stop Dave and issue him a ticket for exceeding the speed limit.
Under Section 183(1)(i) of The Motor Vehicles Act, 1988, John's company would be liable for a fine because Dave was driving the light motor vehicle in contravention of the speed limits. The fine would not be less than one thousand rupees but could extend to two thousand rupees, considering it's the first offence.
If this were to happen again and Dave is caught speeding for a second time, under Section 183(1)(iii), his driving licence could be impounded as it would be considered a subsequent offence.
Moreover, the court would not convict Dave based solely on a witness's statement that he was speeding, as per Section 183(3), unless the witness's estimation of speed was backed by the use of a mechanical or electronic device like a radar gun.
Additionally, if the court finds that the delivery schedule set by John was impractical without breaking the speed limit, as per Section 183(4), this could be taken as evidence that John indirectly encouraged the traffic violation, making him responsible under sub-section (1).