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Motor Vehicles Act, 1988
The Motor Vehicles Act, 1988 is an Act of the Parliament of India which regulates all aspects of road transport vehicles.
- The Act came into force from 1 July 1989.
- It replaced Motor Vehicles Act, 1939 which earlier replaced the first such enactment Motor Vehicles Act, 1914.
- The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offenses and penalties, etc.
- For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.
- Section 2 of the Act defined various terms and various types of vehicles such as conductor, certificate of registration, driver, driver license, educational institution bus, goods carriage, articulated vehicle, light motor vehicle, maxicab, medium goods vehicle, learner's license, licensing authority, registering authority etc.
- Chapter 2 of the Act deals with Licensing of drivers of motor vehicles
- Section 4: Prescribed 16 years age limit for motor cycle without gear and 18 years for motore cycle with gear
- Specifies restrictions on the use of driving license (such as non-transferable etc)
- Section 8: Specifies process for grant of learner's license
- Section 9: Specifies process for grant of driving license
- Section 11: Specifies getting additional class of vehicles to driving license
- Section 12: Specifies license and registration of school buses
- Section 15: Specifies renewal of an existing license. When the age of the applicant is over 45 years, a medical certificate in the same form and manner has to be enclosed.
- Section 16: Revocation of driving license on grounds of disease or disability
- Section 20: A court has a power of Court to disqualify from getting license if convicted under an offense under this Act
- Section 22: Specifies that there can be a suspension of driving license in certain cases
- Section 23: This section is a more severe form of Section 22. Specifies that a suspension or cancellation of driving license on conviction can be done
- Chapter 3 of the Act deals with Licensing of conductors for stage carriers
- Section 29: Specifies that a Conductors license is necessary to act as a conductor of a stage carriage
- Section 30 specifies conditions for issue of the Conductors license while Section 31 specifies conditions for disqualification for the grant of the same
- Chapter 4 of the Act deals with registration of motor vehicles
- Section 39 says that no person shall drive a motor vehicle without a vehicle registration.
- Other sections of the act specifies process of issue of temporary registration, final registration, assignment of registration mark etc
- Chapter 5 of the Act deals with control of transport vehicles
- Section 66 specifies necessity for permits
- Section 67 grants the power to State Government to control road transport
- Section 68 gives the power to State Government to appoint Transport Authorities
- Section 69 specifies general provision as to applications for permits
- Other sections of the act specifies the process dealt with stage carriage permit and contract carriage permit
- Section 75 specifies the scheme for renting of motor cabs
- Goods carrier permits are dealt by section 78 including issue, transfer and renewal
- Section 89 deals with the process of appeal when a aggrieved person was refused to be granted permit etc.
- Section 91 specifies work hours for drivers
- Chapter 4 deals with provisions related to State Transport Undertakings
- Chapter 8 deals with provisions related to control of traffic
- Section 112 specifies speed limits
- Section 113 specifies limits related to weight
- Other provisions of this chapter includes power of authority to check the weight, erect traffic signs, parking places, halting stations, leaving vehicle in dangerous position etc
- Section 124 prohibits travelling without pass or ticket in a stage carrier. The terms "pass" and "ticket" are defined.
- Section 127 gives power to police and towing services to remove motor vehicles abandoned or left unattended on a public place.
- Section 129 specifies wearing of protective headgear with the exception of Sikh who wears a turban
- Section 136 gives state government the power to authorize any person for inspection of vehicle involved in accident
- Chapter 9 deals with provisions related to motor vehicles temporarily leaving or visiting India
- Chapter 13 deals with offences, penalties and procedure
Sections from the Act
- Section 2
- Section 102
- Section 185: Driving by a drunken person or by a person under the influence of drugs
Recent Cases / Related Cases / Case Laws
- Subulaxmi Vs Managing Director, Tamil Nadu State Transport Corporation and Another, Civil Appeal No. 7750 of 2012, Arising out of S.L.P. (Civil) No. 479 of 2012, Supreme Court of India judgement delivered on November 1, 2012
- K Suresh Vs New India Assurance Co Ltd and Another, Civil Appeal No. 7603 of 2012, Supreme Court of India judgement dated October 19, 2012
- National Insurance Co. Ltd Vs Shyam Singh and Ors, (2011) 8 MLJ 551 (SC)
- National Insurance Company Ltd. vs Kusuma and Another. Civil Appeal No. 7212 of 2011 arising out of S.L.P. (C) No.17905 of 2008