Section 190 of MVA : Section 190: Using Vehicle In Unsafe Condition

Explanation using Example

Imagine John, a truck owner, who decides to drive his vehicle to deliver goods despite knowing that the brakes are not functioning properly. While driving through a crowded market area, he is unable to stop at a red light due to the faulty brakes, leading to a minor collision with another vehicle. Luckily, no one is injured, but the other vehicle sustains some damage.

Under Section 190(1) of The Motor Vehicles Act, 1988, John could be fined 1,500 rupees for driving a vehicle with a known defect that could cause danger. However, because his actions resulted in damage to property, he could also face imprisonment for up to three months, a fine of 5,000 rupees, or both. If John had previously been convicted of a similar offense, the penalties could be more severe, including a longer imprisonment term and a higher fine.

In another scenario, if John's truck was producing excessive noise and emitting pollutants above the prescribed limits, he would be in violation of Section 190(2). For this first offense, he could face imprisonment up to three months, a fine up to 10,000 rupees, or both, and disqualification from holding a driving license for three months. A subsequent offense would attract harsher penalties.

Lastly, if John was transporting hazardous chemicals without adhering to the safety regulations and this was his first offense, under Section 190(3), he would be liable to a fine of 10,000 rupees, disqualification from holding a driving license for three months, imprisonment for up to one year, or both. Repeat violations would lead to even greater fines and longer imprisonment terms.