Section 213 of MVA : Section 213: Appointment Of Motor Vehicles Officers

MVA

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Explanation using Example

Imagine a scenario where the State Government has noticed an increase in traffic violations and accidents due to untrained drivers and poorly maintained vehicles. To address this issue, the government decides to enforce the Motor Vehicles Act more strictly. Here's how Section 213 of the Act could be applied:

  • The State Government establishes a dedicated Motor Vehicles Department and appoints qualified personnel to enforce traffic regulations.
  • Officers of this department are given the authority to conduct routine checks and ensure compliance with the Act. They are considered public servants, which means they must act in the public interest and are accountable for their actions.
  • One of the officers, a gazetted officer, receives a tip about a transport company that has been using unroadworthy vehicles. Invoking the powers under Section 213(5)(b), the officer conducts a surprise inspection of the company's premises without a warrant since it's within the day. The officer documents the reasons for the warrantless search and reports to their superior.
  • During the inspection, the officer examines the vehicles and finds several with faulty brakes and expired permits. They use their power under Section 213(5)(c) and (d) to examine the drivers, require the production of the vehicle's documents, and seize copies of the maintenance logs.
  • The officer then decides to launch prosecutions against the transport company for the violations under Section 213(5)(e), and takes bonds from the company's owner to ensure their appearance in court.
  • All actions taken by the Motor Vehicles Department are in line with the rules set by the State Government to ensure that officers discharge their duties effectively and within legal boundaries.

This example demonstrates how Section 213 of the Motor Vehicles Act can be invoked by a State Government to establish a department that ensures road safety and compliance with vehicle regulations.

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