Description of provisions of Motor Vehicles Act

1. Motor Vehicles Act
1988

2. Introduction
 The subject of motor vehicles is dealt by the Central Government.
 The Government of India has a specific Ministry concerned with the
Motor Vehicle Laws in India.
 “Ministry of Road Transport & Highways”
 The Ministry has two separate wings
1. Roads Wing
2. Transport Wing
 Roads Wing deals with development and maintenance of National
Highway in the country.
 Transport Wing deals with matters relating to road transport
including motor vehicle legislation.

3. MOTOR VEHICLE LAWS IN INDIA
1. The Carriage by Road Act, (2007)
2. The Motor Vehicles Act, (1988)
3. The National Highways Act, (1956)
4. The National Highways Authority of India Act, (1988)
5. The Control of National Highways (Land and Traffic) Act, (2002)
6. The Multimodal Transportation of Goods Act, (1993)
7. The Motor Transport Workers Act, (1961)
8. The Public Liability Insurance Act, (1961)
9. The Road Transport Corporations Act, (1950)
10. The Fatal Accidents Act, (1855)

4. The Motor Vehicles Act,
(1988)
[Act No. 59 of 1988]

5. PREAMBLE
 An Act to consolidate and amend the law relating to motor vehicles.
 The Act categorizes motor vehicles into different types.
 Generally the categorization is based on size, type and utility of
such vehicles
1. Extends to whole of India
2. Came into force on 1 July 1989
3. No. of Chapters – 14
4. No. of Sections – 217
To be noted :
1. Driving license does not mean a learner’s license
2. A minor cannot be an owner
(His guardian would be the owner)

6. TYPES OF
VEHICLES
1. Contract carriage
2. Goods carriage
3. Heavy goods vehicle
4. Heavy passenger motor vehicle
5. Invalid carriage
6. Light motor vehicle
7. Maxi cab
8. Medium goods vehicle
9. Medium passenger motor vehicle
10. Motor cab
11. Motor car
12. Motor cycle
13. Motor vehicle or vehicle
14. Omnibus
15. Private service vehicle
16.Public service vehicle
17.Semi trailer
18.Stage carriage
19.Tourist vehicle
20.Tractor
21.Trailer
22.Transport vehicle

7.  “Goods carriage” means any motor vehicle constructed or adapted for use
solely for the carriage of goods, or any motor vehicle not so constructed or
adapted when used for the carriage of goods.
 “Heavy goods vehicle” means any goods carriage the gross vehicle
weight of which, or a tractor or a road-roller the unladen weight of either
of which, exceeds 12,000 kilograms;
 “Heavy passenger motor vehicle” means any public service vehicle or
private service vehicle or educational institution bus or omnibus the
gross vehicle weight of any of which, or a motor car the unladen weight
of which, exceeds 12,000 kilograms;
 “Invalid carriage” means a motor vehicle specially designed and
constructed, and not merely, adapted, for the use of a person suffering
from some physical defect or disability, and used solely by or for such a
person
 “Light motor vehicle” means a transport vehicle or omnibus the gross
vehicle weight of either of which or a motor car or tractor or road-roller
the unladen weight of any of which, does not exceed 7,500 kilograms.
 “Maxi cab” means any motor vehicle constructed or adapted to carry
more than six passengers , but not more than twelve passengers,
excluding the driver, for hire or reward;

8. Road Signs
 Road signs, which have the backing of law in India, are incorporated in the
Motor Vehicles Act, 1988
 Road signs notify road users of regulations and provide warning and
guidance needed for safe, uniform and efficient operation.
CLASSIFICATION OF ROAD SIGNS
1. Mandatory/Regulatory Signs
2. Cautionary/Warning Signs
3. Informatory/Guide Signs

9. Mandatory/Regulatory Signs
 All Mandatory or Regulatory Signs are circular in shape.
 Mandatory/Prohibitory Signs are to indicate the prohibition upon certain
kind of vehicle maneuver and vehicle type like "overtaking prohibited" or
"U-turn prohibited" or "cycles prohibited" and restriction on parking like
"parking prohibited" and limit on vehicle speed and size like "speed limit"
and "maximum load limit" .
 They are with red circular ring and diagonal bars with black symbols or
arrows or letters on white background.
 The red ring indicates prohibitory regulation; and the diagonal red bar
prohibits the action or movement indicated by the black symbol.

10. Mandatory/Regulatory Signs

11. Cautionary/Warning Signs:
 Cautionary/Warning signs are triangular in shape with red border and
black symbol in white background used to caution and alert the road
users to potential danger or existence of certain hazardous conditions
either on or adjacent to the roadway so that they take the desired
action.
 These signs indicate a need for special caution by road users and may
require a reduction in speed or some other maneuver. Some examples
of these signs are Hairpin Bend, Narrow Bridge, Gap in Median, School
Ahead etc.

12. Cautionary/Warning Signs:

13. Informatory/Guide Signs
 All Informatory signs and Guiding signs for facilities are rectangular in
shape.
 Informatory Signs for facilities indicates location and direction to facilities
like "fuel station" or "eating place" or "parking" and shall be a symbol within
a rectangular board with blue background.
 Information signs in rectangular shape are also used with destination
names and distances with arrows indicating the direction.
 These are used to give such information to road users which will help
them along the route in most simple and direct manner.

14. Informatory/Guide Signs

15. ORIENTATION OF SIGNS
 The signs unless otherwise stated shall normally be placed at right
angles to the line of travel of the approaching traffic.
 Signs relating to parking, however, should be fixed at an angle
(approximately) 95° to the carriageway so as to give better visibility.

16. Hit and Run
Special provisions as to compensation in case of hit and run motor
accident.—
 “hit and run motor accident” means an accident arising out of the use
of a motor vehicle or motor vehicles the identity whereof cannot be
ascertained in spite of reasonable efforts for the purpose;
 the insurance companies for the time being carrying on general
insurance business in India shall provide for paying in accordance with
the provisions of this Act and the scheme, compensation in respect of
the death of, or grievous hurt to, persons resulting from hit and run
motor accidents.
 there shall be paid as compensation—
 (a) in respect of the death of any person resulting from a hit and run motor accident, a
fixed sum of Rs.25000;“
 (b) in respect of grievous hurt to any person resulting from a hit and run motor
accident, a fixed sum of Rs. 12500“

17. OFFENCES
Different types of offences and penalties have been enumerated in
following provisions of the MV Act.
 Section 177 – General provision for punishment of offences
 Section 181 – Driving vehicles in contravention of Section 3 &
4
 Section 182 – Offences relating to licenses
 Section 183 – Driving at excessive speed
 Section184 – Driving dangerously
 Section 185 – Driving by a drunken person or by a person
under the influence of drugs
 Section 186 – Driving when mentally or physically unfit to drive

18.  Section 187 – Punishment for offences relating to accident
 Section188 – Punishment for abetment of certain offences
 Section189 – Racing and trials of speed
 Section 192 – Using vehicles without registration
 Section 196 – Driving uninsured vehicle
 Section199 – Offences by companies
 Section200 – Composition of certain offences
 Section 201 – Penalty for causing obstruction to free flow of
traffic

19. The End
 Thank You