THE MOTOR VEHICLE ACT- SUMMARY

Comprehensive view of the provision of the Act

An attempt has been made to make a comprehensive review of all aspects of the Motor
Accident Compensation Law as per the new Act of 1988. An Act to consolidate and
amend the law relating to motor vehicles. It be enacted by parliament in the Thirtyninth Year of the Republic of India as follows .The objective and Reason for the act
were, the motor vehicles Act, 1939 (4 of 1939), consolidates and amends the law
relating to motor vehicles. This has been amended several times to keep it up to
date. The need was, however, felt that this Act should, now inter alia, take into
account also changes in the road transport technology, pattern of passenger and
freight movements, developments, of the road network in the country and
particularly the improved techniques in the motor vehicles management.
Various Committees, like, National Transport Policy Committee, National Police
Commission, Road Safety Committee, Low Powered Two ,Wheelers Committee, as
also the Law Commission have gone into different aspects of road transport. They
have recommended updating, simplification and rationalization of this law. Several
Members of Parliament have also urged for comprehensive review of the Motor
Vehicles Act, 1939, to make it relevant to the modern day requirements. A
Working Group was, therefore, constituted in January, 1984 to review all the
provisions of the Motor Vehicles Act, 1939 and to submit draft proposals for a
comprehensive legislation to replace the existing Act. This Working Group took into
account the suggestions and recommendations earlier made by various bodies and
institutions like Central Institute of Road Transport.
After the coming into force of the Motor Vehicles Act, 1988, Government received a
number of representations and suggestions from the state govt. transport operators and
members of public regarding the inconvenience faced by them because of the
operation of some of the provisions of the 1988 Act.

New Developments
There has been important suggestions made by the Transport Development Council
relate to, are the introduction of newertype of vehicles and fast increasing number of
both commercial and personal vehicles in the country. Providing adequate
compensation to victims of road accidents without going into longdrawn procedure,
Protecting consumers interest in Transport Sector, concern for road safety
standards, transport of hazardous chemicals and pollution controldelegation of
greater powers to State Transport Authorities and rationalising the role of public
authorities in certain matters, the simplification of procedures and policy
liberalisation in the field of Road Transport,enhancing penalties for traffic offenders.

Report had recommended that every application for a claim be made to the Claims
Tribunal having jurisdiction over the area in which the accident occurred or to the
Claims Tribunal within the local limits of whose jurisdiction the claimant resides or
carries on business or within the local limits of whose jurisdiction the defendant
resides, at the option of the claimant.The bill also makes necessary provision to give
effectto the said recommendation.

Conclusion
The Motor Vehicle Act 1988 suggests various rules and regulation for the public and it has
a huge importance in the traffic regulation, so that the system goes systematically and in a
proper way. If any of the rules are violated there are serious punishments. This Act
ensures everyone gets treated in a fair manner and to avoid disaster accidents.

Some of the important provisions of Indian Motor Vehicles Act which the
general public must know are given below:
Section 3: It is an offence to drive a vehicle without Driving Licence.
Section 4: Age limit for obtaining driving licence Two Wheelers below 50 CC -16 years
Other Motor Vehicles - 18 years
Transport Vehicle - 20 years
Section 5: Owner not to allow any person to drive the vehicle without
Driving Licence ( D.L ). Example - If son/daughter is driving a vehicle owned
by parent without D.L, parent can be prosecuted, though the parent may not
be present at the time of the offence.
Section 19: The Regional Transport Officer (RTO) can disqualify persons
from holding driving licence or revoke the same if the person
- is a habitual criminal or habitual drunkard
- is a habitual addict to any narcotic drug or psychotropic substance within
the meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61
of 1985)
- is using or has used a motor vehicle in the commission of a cognizable
offence
- has by his previous conduct as driver of a motor vehicle shown that his
driving is likely to be attended with danger to the public
- has committed any such act which is likely to cause nuisance or danger to
the public.

Section 20: On conviction of an offence under Motor Vehicles Act or an

offence in the commission of which a motor vehicle was used, the Court can
disqualify the person concerned from holding driving licence apart from
imposing any other punishment.
For the following offences, disqualification is mandatory i) not stopping the vehicle when required to do so by any Police Officer not
below the rank of Police Sub-Inspector in uniform if the vehicle is involved in
a road accident (Section 132)
ii) not shifting the victim of the accident in which his or her vehicle is
involved to the nearest Hospital/ Medical Practitioner (Section 134)
iii) not giving, on demand by a Police Officer, any information required by him
(Section 134)
iv) not reporting the occurrence of accident to insurer (Section 134)
v) driving by a drunken person or by a person under the influence of drugs
(Section 185)
vi) driving dangerously (Section 184)
vii) racing and trials of speed (Section 189)
viii) using vehicle without registration (Section 192)
Section 21: If a person already convicted once for dangerous driving under
Section 184, again indulges in dangerous driving causing death or grievous
hurt and if a case is registered for the second offence, the driving licence of
the person is automatically suspended for a maximum period of 6 months or
till disposal of the case in the Court.
Section 22:
i) If a person is convicted for second time for dangerous driving under
Section 184, the Court can cancel the driving licence
ii) If a person is convicted for the second time for drunken driving under
Section 185, the Court shall cancel the driving licence of the person
concerned
Section 39: No person shall drive any motor vehicle and no owner shall

cause or permit any vehicle to be driven without proper registration and

display of the registration mark. If a vehicle is plying without proper
registration, owner can be prosecuted though he/she may not be present at
the time of offence.
Section 49: The change of address recorded in the Registration Certificate
shall be reported within 30 days of any such change.
Section 50: Transfer of ownership should be reported within 14 days of the
transfer if the vehicle is sold within the State and 45 days if the vehicle is
sold outside the State.
Section 51: Ownership of a motor vehicle held under the hire purchase or
lease or hypothecation agreement cannot be transferred without a written
consent of the person to whom the vehicle is hypothecated.
Section 52: No owner of a vehicle shall so alter the vehicle that the
particulars contained in the Certificate of Registration are no longer accurate.
Such alteration can be made only with notice and prior approval of the
Regional Transport Officer.
Section 53: If a vehicle is not in a fit condition to be used on the public road
or is being used for hire without valid permit, the registration certificate can
be suspended by the Regional Transport Officer.
Section 115: In the interest of public safety or convenience or because of
the nature of any road or bridge, movement of certain types of vehicles can
be restricted or prohibited. If the period of restriction is less than one month,
no notification is necessary.
Section 119: Every driver shall drive the vehicle in conformity with the
traffic sign boards and shall comply with all the directions given to him by
any Police Officer for the time being engaged in the regulation of traffic.
Section 121: Signaling by the driver regarding his intentions to stop or take
a left or right turn is mandatory. If he does not do so, the driver can be
prosecuted.
Section 122: Leaving a vehicle at rest on any public place in such a way as
to cause or likely to cause danger, obstruction or undue inconvenience to
other road users is an offence. Such vehicles can be towed away by Police
and charged for towing as well as this offence.

Section 127:
i) If a vehicle is left unattended on a public place for more than 10 hours or
found parked in a No Parking Zone, it can be ordered to be towed away by a
jurisdictional Police Officer in uniform
ii) If a vehicle is parked unattended in such a manner as to create a traffic
hazard, it can be immediately removed by towing as ordered by any
jurisdictional Police Officer
iii) The charges of towing away have to be paid by the owner besides any
other penalty
Section 128: Carrying more than one pillion rider on a two-wheeler is an
offence.
Section 129: It is mandatory to wear a helmet of ISI standard while riding a
motor cycle in public place. However, the State Government can make rules
as it may think fit. There are decided cases in the Courts that any act aimed
at doing good is not violative of any fundamental right.
Section 130: The driver of a motor vehicle in any public place shall, on
demand by any Police Officer in uniform, produce his Driving Licence,
Registration Certificate, Insurance Certificate, Fitness Certificate and the
Permit can be demanded in this manner by Officers of Motor Vehicles
Department only.
Section 133: It is the duty of the owner of a Motor Vehicle which is involved
in any offence to give all information regarding the name and address of and
the licence held by the driver or the conductor on demand by any Police
Officer.
Section 136: All vehicles involved in road accidents have to be inspected by
the authorised Officers of Motor Vehicles Department.
---------------------------------------------------------------------------------Section 140: Where death or permanent disablement of any person has
resulted from a road accident, the owner of the vehicle involved shall be
liable to pay compensation in respect of such death or disablement
irrespective of his/her fault. The compensation for death shall be Rs.
50,000/- and for permanent disablement Rs. 25,000/-.
In such claims, the claimant shall not be required to plead and establish that
the death or permanent disablement was due to any wrongful act, neglect or
default of the owner of the vehicle involved. The claim shall not be defeated

by reason of any wrongful act, neglect or default of the person in respect of

whose death or permanent disablement, the claim has been made. Besides
the owner of the vehicle, the Insurance Company is also liable under this
section.
Section 146: No vehicle shall be used on the road without proper Insurance
Certificate. The responsibility lies with the owner of the vehicle.
Section 158: Any person driving a motor vehicle in any public place, shall,
on being required by a Police Officer in uniform, produce:
1. certificate of Insurance
2. certificate of registration
3. driving licence
4. in case of transport vehicles, also the certificate of fitness and the permit
Section 160: For the purpose of claiming compensation in a road accident,
information regarding the vehicle involved, the driver, injured, property
damaged can be obtained from the Police Officer incharge of the concerned
Police Station on payment of the prescribed fee.
Section 161: In respect of death of any person resulting from a hit and run
road accident, a compensation of Rs. 25,000/- is paid. In respect of grievous
hurt, the compensation to be paid is Rs. 12,500/-. This compensation is to be
paid by the District Magistrate concerned.
Section 179: Disobedience to orders of the competent authority, obstruction
to discharge of official duty or refusal of information to the authority
concerned can result in fine upto Rs. 500/-.
Section 180: If a owner permits any unauthorised person to drive the
vehicle without driving licence, the owner is liable for imprisonment upto 3
months or fine upto Rs. 1,000/- or both.
Section 181: Driving without valid and proper driving licence can result in
imprisonment upto 3 months or fine upto Rs. 500/- or both
Section 182: If a person who has been disqualified for holding or obtaining
a driving licence either drives a motor vehicle or applies for or obtains a
driving licence with-holding the information regarding disqualification, the
person can be imprisoned upto 3 months or punished with fine upto Rs.
500/- or with both.
Section 182(a): Whoever alters the construction of the vehicle without prior

approval of the competent authority shall be punishable with fine of Rs.

1,000/- for the first offence and with a fine of Rs. 5,000/- for any subsequent
offence.
Section 183:
i) If a driver of a motor vehicle contravenes the speed limit, he/she shall be
punishable with fine upto Rs. 400/- for the first offence and Rs. 500/- for the
subsequent offence.
ii) If the owner causes the driver to contravene the speed limit, he/she shall
be punishable with fine upto Rs. 300/- for the first offence and Rs. 500/- for
subsequent offence.
Section 184: Whoever drives a motor vehicle at a speed or in a manner
which is dangerous to the public, having regard to all the circumstances of
the case including nature, condition and use of the place where the vehicle is
driven and the amount of traffic which actually is at the time or which might
reasonably be expected to be in the place, shall be punishable for the first
offence with imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, and for any second or
subsequent offence if committed within three years of the commission of a
previous similar offence with imprisonment for a term which may extend to
two years or with fine which may extend to two thousand rupees or with
both. The driver can be arrested on the spot.
Section 185: Punishment for drunken driving is imprisonment upto 2 years
or fine upto Rs. 3,000/- or both. The driver can be arrested on the spot.
Section 186: If a person drives a vehicle when mentally or physically unfit
to drive, he/she shall be punishable for the first offence with fine upto Rs.
200/- and Rs. 500/- for subsequent offence.
Section 187: If a driver or a owner fails to report involvement of his/her
vehicle in an accident and give the required information to the Police Officer
concerned, he/she shall be punishable with imprisonment upto 3 months or
fine upto Rs. 500/- or both in addition to the punishment for the accident, in
case convicted. For the subsequent offence under this section, the
imprisonment can be upto 6 months and fine amount upto Rs. 1,000/Section 188: Whoever abets the commission of offence under Section 184,
185 and 186 shall be punishable for the same punishment as the accused
himself / herself.

Section 189: Whoever without the written consent of the State Government
permits or takes part in a race or trial of speed of any kind between motor
vehicles in any public place shall be punishable with imprisonment for a term
which may extend to one month or with a fine which may extend to five
hundred rupees or with both.
Section 190: Punishment for violation of the standards prescribed in relation
to road safety, control of noise and air pollution is fine amount upto
Rs.1000/- for the first offence and Rs. 2000/- for the subsequent offence.
Section 192: Using a vehicle without registration can result in minimum fine
amount of Rs. 2000/- and maximum upto Rs. 5000/-. For subsequent
offence, the fine amount can be upto Rs. 10,000/- with a minimum of Rs.
5000/The punishment is not applicable for vehicles used in an emergency for the
conveyance of persons suffering from sickness or injuries or for the
transportation of food or material to relieve distress or of medical supplies for
a like purpose.
Section 192(a): Using vehicle in contravention of permit condition can result
in fine upto Rs. 5000/- but not less than Rs. 2000/- for the first offence and
imprisonment upto 1 year but not less than 3 months or with fine amount
upto Rs. 10,000/- but not less than Rs. 5000/- or both for the subsequent
offence.
Section 194: Driving vehicle exceeding permissible weight can result with a
punishment of Rs. 2000/- and an additional amount of Rs. 1,000/- per tonne
of excess load together with the liability to pay charges of off-loading the
excess load.
Section 196: Driving uninsured vehicle can result in punishment in
imprisonment upto 3 months or fine upto Rs. 1000/- or both.
Section 197: Whoever takes or drives away any motor vehicle without
having either the consent of the owner thereof or other lawful authority shall
be punishable with imprisonment which may extend to three months or with
fine which may extend to five hundred rupees or with both.
Section 200: The offence under the following sections can be compounded
by the Police Officers:
Sections 177, 178, 179, 180, 181, 182, 183, 184, 186, 189, 190, 191, 192,
194, 196 or 198.

Section 201: Whoever keeps a disabled vehicle on any public place in such
a manner so as to cause impediment to the free flow of traffic, shall be liable
for penalty upto to fifty rupees per hour so long as it remains in that position.
Section 202:
i) A Police Officer in uniform may arrest without warrant any person who in
his presence commits an offence punishable under Section 184 (dangerous
driving) or Section 185 (drunken driving) or Section 197 (taking vehicle
without authority).
ii) A Police Officer in uniform may arrest without warrant any person who has
committed an offence under this Act, if such person refuses to give his name
and address.
Section 203: If a person required by a Police Officer to provide a specimen
of breath for a breath test, refuses or fails to do so and the Police Officer has
reasonable cause to suspect him of having alcohol in his blood, the Police
Officer may arrest him without warrant except while he is at a hospital as an
indoor patient.
Section 206:
1) Any Police Officer or other person authorised in this behalf by the State
Government may if he has reason to believe that any identification mark
carried on a motor vehicle or any licence, permit, certificate of registration,
certificate of insurance or other document produced to him by the driver or
person in charge of a motor vehicle is a false document within the meaning
of Section 464 of the Indian Penal Code, seize the mark or document and call
upon the driver or owner of the vehicle to account for his possession of or
the presence in the vehicle of such mark or document.
2) Any Police Officer or other person authorised in this behalf by the State
Government may, if he has reason to believe that the driver of a motor
vehicle who is charged with any offence under this Act may abscond or
otherwise avoid the service of a summons, seize any licence held by such
driver and forward it to the Court.
3) A Police Officer or other person seizing a licence under sub-section (2)
shall give to the person surrendering the licence a temporary
acknowledgement therefore and such acknowledgement shall authorise the
holder to drive until the licence has been returned to him or until such date
as may be specified by the Police Officer or other person in the
acknowledgement, whichever is earlier.

Section 207: Any Police Officer or other person authorised in this behalf by
the State Government may, if he has reason to believe that a motor vehicle
has been or is being used in contravention of the provisions of Section 3 or
Section 4 or Section 39 or without the permit required by sub-section (1) of
Section 66 or in contravention of any condition of such permit relating to the
route on which or the area in which or the purpose for which the vehicle may
be used, seize and detain the vehicle, in the prescribed manner and for this
purpose, take or cause to be taken any steps he may consider proper for the
temporary safe custody of the vehicle.