The purpose of this presentation is to introduce executives and managers of auto co. to the salient provisions of the Motor Vehicles Act, 1988 as amended. This will facilitate proper compliance to rules about safety anti-pollution, insurance and road transport including motor vehicle legislation.

1. THE MOTOR VEHICLES ACT,
1988
ACT No. 59 OF 1988

2. PRESENTATION TO
MANAGERS & EXECUTIVES
BY
MAJ GEN NILENDRA KUMAR
DIRECTOR
LEX CONSILIUM FOUNDATION,
ON
22ND OCTOBER 2018

3. The purpose of this presentation is to
introduce executives of auto coys to the
salient provisions of the MV Act.

4. ABBREVIATIONS USED
Automobile – Auto
Driver – Dvr
Traffic - Tfc
Transport – Tpt
Vehicle – Veh

5. LAW
It is a command enforced by some sanction.
It is a rule of action to which men are
obliged to make their conduct conform to.

6. is a basic law defining and delimiting the
principle organs of Government and their
jurisdiction as well as the basic rights of men
and citizen.
CONSTITUTION

7. All laws in the country, whether of the Union
or of the States, have to conform to the
constitutional scheme.

8. QUESTION
Where do the motor vehicles (in short vehs)
come in the context of the Constitution?

9. Contd..
The Constitution of India contains twelve
schedules. Schedules, in this context, mean
an appendix to a formal document or
statute, especially as a list or table.
Started simply, schedule to constitutional
text is same as an attachment to email.

10. Contd..
Seventh schedule of the Constitution
enumerates the subject matter of laws and
thus demarcates the division of
responsibility between the union and the
states.
Seventh schedule has three lists each
having a number of entries.

11. Contd..
Entry 23 of List I to the Seventh
Schedule “Highways declared by or under
law made by Parliament to be national
highways.”

12. Entry 13 of List II
Communications that is to say roads,
bridges, ferries and other means of
communication.

13. Contd…
The subject of motor vehs is dealt by the
Central Government.

14. What is a motor vehicle?
A motor veh or road veh is a self propelled
wheeled veh that does not operate on rails,
such as trains or trolleys.

15. India’s veh fleet had observed 9.2%
growth during 2017-2018, with total sales
hit 4.2 million units. In comparison,
Germany saw sales growth of 2.9%,
selling 3.81 million units.
The above figures include commercial as
well as passenger vehs.

16. No. of vehs in India in March 2015, was
21.0 million units.

17. Executive powers of the Union concerned
with the subject.
Ministry of Road Tpt & Highways in
Government of India deals with motor
veh laws in India.

18. The Ministry has two separate wings:
•Roads Wing
•Tpt Wing

19. Roads Wing deals with development and
maintenance of national highway in the
country.

20. Also entrusted with tpt research in order to
increase the mobility and efficiency of the
road tpt system in India.

21. Transport Wing
deals with
1.Matters relating to road tpt including
motor veh legislation.
2.Taxation
3. Compulsory insurance for veh.

22. 4. Promotion of tpt co-operatives in the
field of motor tpt.
5. Setting national rd safety standards.
6. Compiling data on record of accidents
and evolving a rd safety culture.

23. National Highways Authority of India is an
autonomous agency of the Government of India. The
total length of NH (including expressways) in the
country at present is 1,00,087.08 kms. While
highways/expressways constitute only about 1.7% of
the length of all rds, they carry about 40% of the road
tfc.

24. A number of Legislations enumerated below
deal with different aspects of motor vehs.
1.The Carriage by Road Act, 2007
2.The Control of National Highways (Land
and Traffic) Act, 2002.
MOTOR VEHICLE LAWS IN INDIA

25. 3.The Multimodal Transportation of Goods
Act, 1993.
4.The Motor Vehicles Act, 1988
5.The National Highways Authority of India
Act, 1988
6. The Motor Transport Workers Act, 1961

26. 7.The Public Liability Insurance Act, 1961
8. The National Highways Act, 1956
9. The Road Transport Corporations Act,
1950
10.The Fatal Accidents Act, 1855

27. The Motor Vehicles Act 1988
(Act No. 59 of 1988)
MV ACT LEGALARCHITECTURE
217 Sections
14 Chapters
49 Definitions
2 Schedules

28. MV Act, 1988 has repealed the Motor
Vehicles Act, 1939. Subsequently, it has
been amended four times.

29. AMENDMENTS ACTS
54 of 1994
27 of 2000
39 of 2001
3 of 2015

30. SIGNIFICANCE
The Act has taken into account changes in
the road tpt technology, pattern of
passenger and freight movements,
developments in the rd network in the
country and particularly the improved
techniques in the motor vehs management.

31. RELEVANCE OF MV ACT TO THE
MANAGERS AND EXECUTIVES OF
AUTO COMPANIES.

32. This is the main legislation that directly
concerns the auto industry. It governs the
type of vehs legally allowed to ply,
process of registration, licenses, routes
available, safety and pollution norms. It
enumerates the offences and adverse
consequences. Hence, all corporates are
impacted by its contents.

33. The Act deals with:
Construction, equipment and maintenance
Standards for components and parts of
motor vehs
Anti-pollution control devices
Issue of testing fitness certificates, also by
the authorized testing stations.

34. The Act deals with:
Liberalized schemes for grant of All
India Tourist permits as also national
permits for goods carriage.
Constitution of Rd Safety Councils

35. CHAPTERISATION
Heading
1. Preliminary
2. Licensing of dvrs of motor vehs
3. Licensing of conductors of stage carriages
4.Registration of motor vehs

36. Contd…
5. Control of tpt vehs
6. Special provisions relating to State Tpt
undertakings
7. Construction, equipment and maintenance
of vehs

37. Contd…
8. Control of tfc
9. Motor vehs temporarily leaving or
visiting India
10. Liability without fault in certain cases

38. Contd…
11. Insurance of motor vehicles against third
party risks
12. Claims Tribunals
13. Offences, penalties and procedure
14. Miscellaneous

39. PREAMBLE
An Act to consolidate and amend the law
relating to motor vehs.
PREAMBLE MEANING
The introduction to a formal document that
serves or explain its purpose.

40. The Act categorizes motor vehs in
different types.
Generally the characterization is based on
size,
type and utility of such vehs.

41. CARRIAGE
A carriage is a contrivance which is used for
carrying or transporting, especially along or
over a solid surface.

42. Contd…
Carriage includes any carriage, wagon, cart
truck, veh or other means of conveying
goods, or passengers by land.

43. AUTOMOBILE
The term auto includes all vehs
propelled by other than muscular power,
except
rail rd and railway cars and motor vehs,
running only on rails and tracks, and road
rollers.
A crane is a motor vehicle.

44. DEFINITIONS
Section 2 contains the definition of
various words and terms.

45. SECTION 2 (2)
Articulated Veh
means
a motor veh to which a semi trailer is
attached.

46. NOTE:
A trailer itself does not become an articulated
veh when used with an articulated veh.
An articulated veh is a particular type of
tractor and not its trailer.

47. CONTRACT CARRIAGE
NECESSARY INGREDIENTS
1. Under permit to that effect.
2. Hired by passengers for hire or reward
under express or implied contract for use
of veh as a whole.

48. Contd…
3. Used from one point to another and without
stopping or picking up or setting down along
the line of route passengers not included in
contract.
4. Includes a motor-cab not withstanding that
the passengers may pay separate fact.

49. HIRE OR REWARD
Hire involves specific compensation for the
service provided.
Reward means any valuable consideration,
usually in situation where one person performs
a useful service for some other person.
It includes cases where there is no obligation
to pay.

50. CONTRACT CARRIAGE & STAGE
CARRIAGE
Section 2 (7) and 2 (40)
Difference
CC is engaged for the whole of the journey
between any two points but it has not the
right to pick up other passengers en-route.

51. CONTRACT CARRIAGE & SPECIAL
PERMIT
Section 63 (6) of MV Act, 1939
1. Contract Carriage permit is renewable but
special permit is not.
2. Contract carriage permit duration is as
prescribed under Section 58 (1), a specific period
which may only be few days, like a marriage party
bus.

52. DEALER
Section 2 (8)
includes a person who is engaged
(b) In building bodies for attachment to
chassis; or
(c) In the repair of motor vehs
(d) In the business of hypothecation, leasing or
hire purchase of motor
vehs.

53. EDUCATIONAL INSTITUTION BUS
Section 2 (11)
means
an omnibus, which is owned by a college,
school or other educational institution and
used solely for the purpose of transporting
students or staff of the educational institution
in connection with any of its activities.

54. GOODS
Section 2 (13)
“Goods” includes livestock, and anything
(other than equipment ordinarily used with the
veh) carried by a veh except living persons, but
does not include luggage or personal effects
carried in a motor car or in a trailer attached to
a motor car or the personal luggage of
passengers travelling in the veh;

55. DISTINCTION BETWEEN
LUGGAGE & GOODS
Luggage carried do not fall within the
meaning of goods.

56. GOODS CARRIAGE
Section 2 (14)
“ Goods carriage ” means any motor veh
constructed or adapted for use solely for the
carriage of goods, or any motor veh not so
constructed or adapted when used for the
carriage of goods.

57. Comments
A goods carriage is not meant to carry
passengers and under the garb of carrying
owners of goods, passengers cannot be
carried.

58. HEAVY GOODS VEHICLE
Section 2 (16)
“Heavy goods veh” means any goods
carriage the gross veh weight of which, or a
tractor or a road-roller the unladen weight of
either of which, exceeds 12,000 kilograms;

59. Comments
Vehs are classified under the law into
different categories.
Authorization to drive one category of
veh cannot enable the driver to drive another
category of veh.

60. HEAVY PASSENGER MOTOR VEH
Section 2 (17)
“Heavy passenger motor veh” means any
public service veh or private service veh or
educational institution bus or omnibus the
gross veh weight of any of which, or a motor
car the unladen weight of which, exceeds
12,000 kilograms;

61. INVALID CARRIAGE
Section 2 (18)
“Invalid carriage” means a motor veh
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;

62. LEARNER’S LICENSE
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)

63. LIGHT MOTOR VEHICLE
Section 2 (21)
“Light motor veh” means a transport vehicle
or omnibus the gross veh 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.

64. Comments
1. Auto rickshaw falls in the definition of
light motor veh.
2. All the vehs included in Section 2 (21) are
four wheeled vehs and a motor cycle has
not been included in the definition of Light
Motor Veh.

65. Dictionary MANUFACTURE
meaning
A manufacturer is a person or company that
makes goods for sale.
Section 2 (21 A)
A person who is engaged in the manufacture
of motor vehs.

66. MAXICAB
Section 2 (22)
“Maxicab” means any motor veh constructed
or adapted to carry more than six passengers,
but not more than twelve passengers,
excluding the dvr, for hire or reward;

67. MEDIUM GOODS VEHICLE
Section 2 (23)
“Medium goods veh” means any goods
carriage other than a light motor veh or a
heavy goods veh;

68. MEDIUM PASSENGER
MOTOR VEHICLE
Section 2 (24)
“Medium passenger motor veh” means any
public service veh or private service veh, or
educational institution bus other than motor
cycle, invalid carriage, light motor vehicle or
heavy passenger motor veh.

69. MOTOR CAR
Section 2 (26)
“Motor Car” means any motor veh other than
a transport veh, omnibus, road-roller, tractor,
motor cycle or invalid carriage;

70. Following Excluded from Definition of
Motor Car :
-Transport veh
-Omnibus
-Road roller
-Tractor
-Motor cycle
-Invalid carriage

71. Comments
When a motor car which is a motor veh
is used for carrying passengers for hire or
reward, it ceases to be a motor car. It is the
use use of the motor veh for carrying passenger
for hire or reward which determines its
category.

72. MOTOR VEHICLE
Section 2 (28)
“Motor veh” or “veh” means any mechanically
propelled veh adapted for use upon rds
whether the power of propulsion is transmitted
thereto from an external or internal source and
includes a chassis to which a body has not
been attached and a trailer; but does not

73. Contd…
include a veh running upon fixed rails or a veh
of a special type adapted for use only in a
factory or in any other enclosed premises or a
veh having less than four wheels fitted with
engine capacity of not exceeding [twenty-five
cubic centimeters]

74. Comments
1. The words ‘adapted for use on the rds does
not necessarily mean actual use on rd.
2. A trailer through incapable of self propulsion,
is covered by the definition’.

75. Contd…
3. Rd-rollers and excavators come within
definition.
4. A mechanically propelled crane driven on
public rds falls within the definition.

76. Contd…
5. Enclosed premises means a place
surrounded by walls, fences or other barriers.

77. OWNER
Section 2 (30)
“Owner” means a person in whose name a
motor veh stands registered, and where such
person is a minor, the guardian of such minor,
and in relation to a motor veh which is the
subject of a hire-purchase agreement, or an
agreement of lease or an agreement of
hypothecation, the person in possession of the
veh under that agreement.

78. Comments
1. The definition appears to have been
drafted in order to help the victims of rd
tfc accidents.

79. 2. A person may be in possession and control
of the veh, but he might not have any title or
right to transfer it.
3. The ownership of a veh is only transferred
when there is an entry in the registration book
and the transferee had made an application that
he had purchased the veh.

80. PERMIT
Section 2 (31)
“Permit” means a permit issued by a State or
Regional Tpt Authority or an authority
prescribed in this behalf under this Act
authorizing the use of a motor veh as a tpt
veh;

81. Comments
1. The definition makes no distinction
between a permanent and temporary permit.
2. A permit for a tpt veh is always in
relation to a particular route mentioned in
the permit.

82. Comments
3. The word permit as defined would
include a temporary permit effective for a
limited period.
4.A permit relates to a specified veh.

83. Section 2 (32)
“Prescribed” means prescribed by rules
made under this Act;

84. PRIVATE SERVICE VEHICLE
Section 2 (33)
“Private Service Veh” means a motor veh
constructed or adapted to carry more than six
persons excluding the dvr and ordinarily used
by or on behalf of the owner of such veh for
the purpose of carrying persons for, or in
connection with, his trade or business
otherwise than for hire or reward but does not
include a motor veh used for public purposes;

85. Comments
Where the veh possessed by the employer
was used only for the purpose of carrying
on its employees and their children under
the welfare scheme for the employees, it
would be termed as private service veh.

86. PUBLIC PLACE
Section 2 (34)
“Public Place” means a rd, street, way or
other place, whether a thorough fare or not,
to which the public have a right of access,
and includes any place or stand at which
passengers are picked up or set down by a
stage carriage;

87. Comments
1. The place need not be a motorable road
or a public rd.
2.The right of access may be permissive,
limited or restricted or regulated by oral or
written permission by tickets, passes or
badges or on payment of fee.

88. PUBLIC SERVICE VEHICLE
Section 2 (35)
“Public Service Veh” means any motor veh
used or adapted to be used for the carriage
of passengers for hire or reward, and
includes a maxicab, a motor cab, contract
carriage, and stage carriage;

89. Comments
1. A motor car registered as a tourist car
comes within the definition of public
service veh.
2. The word public implies people as a
whole or pertaining to the whole people.

90. REGISTERED AXLE WEIGHT
Section 2 (36)
“Registered axle weight” means in respect of
the axle of any veh, the axle weight certified
and registered by the registering authority as
permissible for that axle;

91. REGISTERING AUTHORITY
Section 2 (37)
“Registering authority” means an authority
empowered to register motor vehs under
Chapter IV;

92. Comments
The Dy Transport Commissioner
(Enforcement) or the Dy Transport
Commissioner (Passenger Tax) is not one
of the registering authorities.

93. ROUTE
Section 2 (38)
“Route” means a line of travel which specifies
the highway which may be traversed by a
motor veh between one terminus and another;

94. SEMI TRAILER
Section 2 (39)
“Semi-trailer” means a veh not mechanically
propelled (other than a trailer), which is
intended to be connected to a motor veh and
which is so constructed that a portion of it is
superimposed on, and a part of whose weight is
borne by, that motor veh.

95. STAGE CARRIAGE
Section 2 (40)
“Stage carriage” means a motor veh
constructed or adapted to carry more than six
passengers excluding the dvr for hire or
reward at separate fares paid by or for
individual passengers, either for the whole
journey or for stages of the journey;

96. Comments
The stage carriage runs between two
points irrespective of any prior contract
and it is boarded by passengers enroute
who pay the fare for the distance they
prepare to travel.

97. TOURIST VEHICLE
Section 2 (43)
“Tourist veh” means a contract carriage,
constructed or adapted and equipped and
maintained in accordance with such
specifications as may be prescribed in this
behalf;

98. TRACTOR
Section 2 (44)
“Tractor” means a motor veh which is not itself
constructed to carry any load (other than
equipment used for the purpose of propulsion);
but excludes a rd-roller;

99. Comments
1. A tractor fitted with hydraulically
operated shovel, though confined in its
operation to only to certain factory
premises, is a motor veh which can be
adapted or made suitable for use as such
veh upon the rds.

100. Comments
2. A tractor is not meant to carry any
passenger or to carry any load. When a
trailer is attached to the tractor, the trailer
can be used for carriage of goods.
However, the trailer cannot be used for
carriage of passengers.

101. TRAILER
Section 2 (46)
“Trailer” means any veh, other than a
semi-trailer and a side-car, drawn or
intended to be drawn by a motor veh;

102. TRANSPORT VEHICLE
Section 2 (47)
“Transport veh” means a public service
veh, a goods carriage, an educational
institution bus or a private service veh;

103. Comments
1. Carrying manure is solely for agriculture
purposes and in the absence of evidence that the
tractor which was carrying manure was also
carrying something else, the tractor does not fall
within the ambit of Section (33) and hence no
need of taking a permit for that tractor.

104. Comments
2. Motor veh includes a trailer and
therefore trailer comes within the
definition of goods veh and so it is a tpt
veh.

105. Section 2 (48)
“Unladen weight” means the weight of a veh or
trailer including all equipment ordinarily used
with the veh or trailer when working, but excluding
the weight of a dvr or attendant; and where
alternative parts or bodies are used the unladen
weight of the veh means the weight of the veh with
the heaviest such alternative part or body.

106. Section 2 (49)
“Weight” means the total weight transmitted
for the time being by the wheels of a vehicle
to the surface on which the veh rests.

107. E-CART AND E-RICKSHAW
SECTION 2A
means a special purpose battery powered veh
of power not exceeding 4000 watts having
three wheels for carrying goods or
passengers, as the case may be, for hire or
reward, manufactured, constructed or
adapted,

108. Contd…
equipped and maintained in accordance with
specifications as may be prescribed in this
behalf.

109. NECESSITY FOR CONDUCTOR’S
LICENCE
Section 29
No person shall act as a conductor of a stage
carriage unless he holds an effective
conductor’s license issued to him authorizing
him to act as such conductor; and no person
shall employ or permit any person who is not
so licensed to act as a conductor of a stage

110. NECESSITY FOR REGISTRATION
Section 39
No person shall drive any motor veh and no
owner of a motor veh shall cause or permit
the veh to be driven in any public place or in
any other place unless the veh is registered in
accordance with this Chapter and

111. Contd…
the certificate of registration of the veh
has not been suspended or cancelled and
the veh carries a registration mark
displayed in the prescribed manner:
Provided that nothing in this section shall
apply to a motor veh in possession of a
dealer subject to such conditions as may
be prescribed by the Central Government.

112. Section 51
Special provision regarding Motor
Veh subject to Hire Purchase
Agreement etc.

113. Section 52
Alteration in Motor Veh
Alteration means a change in the
structure of a veh which results in a
change in its basic features.

114. No owner of a motor veh shall so alter the
veh that the particulars contained in the
certificate of registration are at variance
with those originally specified by the
manufacturer.

115. The Government has a duty to ensure that
only roadworthy vehs come on road. In
other words, the vehs that are fit to
drive.

116. Certificates of fitness of tpt
Section 56
This provision has been added with a
view to prevent or reduce pollution and
due to the environment concerns.
But there exists a need to ensure transparency
and institute accountability.

117. The Act has dealt with the matter of
maximum time for which a motor veh may
be used.

118. SPECIAL PROVISION WITH
REGARD TO TRASNPORT VEHICLES
Section 58
(1)The Central Government may, having
regard to the number, nature and
size of the tyres attached to the wheels of a
transport veh, (other than a motorcab), and its
make and model and other relevant
considerations,

119. Contd…
By notification in the Official Gazette,
specify, in relation to each make and model
of a tpt veh, the [maximum gross veh
weight] of such veh and the maximum safe
axle
weight of each axle of such veh.

120. Contd…
(2)A registering authority, when registering
a tpt veh, other than a motorcab,
shall enter in the record of registration and
shall also enter in the certificate of
registration of the veh the following
particulars, namely:—

121. (a) the unladen weight of the veh;
(b) the number, nature and size of the tyres
attached to each wheel;
(c) the gross veh weight of the veh and the
registered axle weights pertaining to the
several axles thereof; and

122. (d) if the veh is used or adapted to be used
for the carriage of passengers solely or in
addition to goods, the number of passengers
for whom accommodation is provided, and the
owner of the veh shall have the same
particulars exhibited in the prescribed manner
on the veh.

123. (3)There shall not be entered in the
certificate of registration of any such
veh any gross veh weight or a
registered axle weight of any of the axles
different from that specified in the
notification under sub-section (1) in relation
to the make and model of such veh and
to the number, nature and size of the tyres
attached to its wheels:

124. Provided that where it appears to the
Central Government that heavier weights
than those specified in the notification
under
sub-section (1) may be permitted in a
particular locality for vehs of a
particular type, the Central Government
may, by order in the Official Gazette direct
that the provisions of this sub-section shall
apply with such modifications as may be
specified in the order.

125. (5) In order that the gross veh weight
entered in the certificate of registration of a
veh may be revised in accordance with
the provisions of sub-section (3), the
registering authority may require the owner
of tpt veh in accordance with such
procedure as may be prescribed to produce
the certificate of registration within such
time as may be specified by the registering
authority.

126. POWER TO FIX THE AGE LIMIT OF
MOTOR VEH
Section 59
Different ages for different classes or
different types of motor vehs.

127. CONSIDERATIONS
Having regard to
(a) Public safety
(b) Convenience
(c) Objects of this Act

128. Thus fixation of age for different category
of vehs can be lawful only on these three
grounds.

129. APPLICATION OF CHAPTERS TO
TRAILERS
Section 61 (1)
The provisions of this chapter shall apply to
the registration of trailers as they apply to
the registration of any other motor vehs.

130. Power of State Government to control road
transport is enshrined under
Section 67

131. Role of auto manufacturers, dealers and
servicing companies.

132. CONTROL OF TPT VEHS
Secs 66 to 96 deal with permits, tpt authorities, hours
of work of dvrs and rules provisions for this chapter

133. CHAPTER VII
General provision regarding construction
and maintenance of vehs.
Section 109…..

134. (1) Every motor veh shall be so constructed
and so maintained as to be at all times under
the effective control of the person driving the
veh.
(2) Every motor veh shall be so constructed
as to have right hand steering control unless
it is equipped with a mechanical or electrical
signalling device of a prescribed nature.

135. [(3) If the Central Government is of the
opinion that it is necessary or expedient so
to do in public interest, it may by order
published in the Official Gazette, notify that
any article or process used by a
manufacturer shall conform to such
standard as may be specified in that order.]

136. To operationalize the law, it may require
framing of elaborate rules
110. Power of Central Government
111. Power of State Government

137. Power of Central Government to make
Rules
Section 110
(a) the width, height, length and overhand of
vehs and of the loads carried;
(b) the size, nature, maximum retail price and
condition of tyres, including embossing
thereon of date and year of manufacture
and the maximum load carrying capacity;
(c) brakes and steering gear;

138. Contd…
(d) the use of safety glasses including
prohibition of the use of tinted safety glasses;
(e) signalling appliances, lamps and reflectors;
(f) speed governors;

139. Contd…
(g) the emission of smoke, visible vapour,
sparks, ashes, grit or oil;
(h) the reduction of noise emitted by or caused
by vehs;
(i) the embossment of chassis number and
engine number and the date of manufacture;

140. Contd…
(j) safety belts, handle bars of motor cycles,
auto-dippers and other equipment essential for
safety of dvrs, passengers and other rd users;
(k) standards of the components used in the
veh as inbuilt safety devices;

141. Contd…
(l) provision for transportation of goods of
dangerous or hazardous nature to human life;
(m) standards for emission of air pollutants;
(n) installation of catalytic convertors in the
class of vehs to be prescribed;

142. Contd…
(o) the placement of audio-visual or radio or
tape recorder type of device in public vehs;
(p) warranty after sale of veh and norms
therefore:

143. Provided that any rules relating to the matters
dealing with the protection of environment, so
far as may be, shall be made after consultation
with the Ministry of the Government of India
dealing with environment.

144. Contd…
(2) Rules may be made under sub-section (1)
governing the matters mentioned therein,
including the manner of ensuring the
compliance with such matters and the
maintenance of motor vehs in respect of such
matters, either generally in respect of motor
vehs or trailers or in respect of motor vehs or
trailers of a particular class or in particular
circumstances.

145. Power of State Government to make
Rules
Section 111
(1) A State Government may make rules
regulating the construction, equipment
and maintenance of motor
vehs and trailers with respect to all matters
other than the matters
specified in sub-section (1) of section 110.

146. Contd…
(2) Without prejudice to the generality of the
foregoing power, rules may be made under
this section governing all or any of the
following matters either generally in respect
of motor vehs or trailers or in respect of
motor vehs or trailers of a particular class
or description or in particular circumstances,
namely:—

147. (a) seating arrangements in public service
vehs and the protection of passengers
against the weather;
(b) prohibiting or restricting the use of
audible signals at certain times or in certain
places;

148. (c) prohibiting the carrying of appliances
likely to cause annoyance or danger;
(d)the periodical testing and inspection of
vehs by prescribed authorities [and fees to
be charged for such test]

149. (e) the particulars other than registration
marks to be exhibited by vehs and the
manner in which they shall be exhibited;
(f) the use of trailers with motor vehs;

150. CONTROL OF TRAFFIC
Section 112 to 138 relate to speed limits,
use, tfc signs, safety measures abandoned or
unattended vehs, duties of dvrs and
inspection of accidented vehs.

151. LIMITS OF SPEED
Section 112
(1) No person shall drive a motor veh or cause
or allow a motor veh to
be driven in any public place at a speed
exceeding the maximum speed or below the
minimum speed fixed for the veh under this

152. Act or by or under any other law for the time
being in force:
Provided that such maximum speed shall in
no case exceed the maximum fixed for any
motor veh or class or description of motor
vehs by the Central Government by
notification in the Official Gazette.

153. (2) The State Government or any authority
authorized in this behalf by the State
Government may, if satisfied that it is
necessary to restrict the speed of motor vehs
in the interest of public safety or convenience
or because of the nature of any rd or bridge,
by notification in the Official Gazette, and by
causing appropriate traffic signs to be placed
or erected under

154. Section 116 at suitable places, fix such
maximum speed limits or minimum speed
limits as it thinks fit for motor vehs or any
specified class or description of motor vehs or
for motor vehs to which a trailer is attached,
either generally or in a particular area or on a
particular rd or rds:

155. Provided that no such notification is
necessary if any restriction under this
section is to remain in force for not more
than one month.
(3) Nothing in this section shall apply to
any veh registered under section 60 while it
is being used in the execution of military

156. manoeuvres within the area and during the
period specified in the notification under
sub-section (1) of section 2 of the
manoeuvres, Field Firing and Artillery
Practice Act, 1938 (5 of 1938).

157. Limits of weight and limitations on use
Section 113
(1) The State Government may prescribe the
conditions for the issue of permits for
[transport vehs] by the State or Regional
Transport Authorities and may prohibit or
restrict the use of such vehs in any area or
route.

158. (2) Except as may be otherwise prescribed,
no person shall drive or cause or allow to be
driven in any public place any motor veh
which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow
to be driven in any public place any motor
veh or trailer—

159. (a) the unladen weight of which exceeds the
unladen weight specified in the certificate of
registration of the veh, or
(b) the laden weight of which exceeds the
gross veh weight specified in the certificate
of registration.

160. (4) Where the dvr or person in charge of a
motor veh or trailer driven in contravention
of sub-section (2) or clause (a) of sub-
section (3) is not the owner, a Court may
presume that the offence was committed
with the knowledge of or under the orders of
the owner of the motor veh or trailer.

161. Contd…
Vehs with left hand control are covered
under
Section 121

162. Chapters X and XII with Secs 140 to 176
lay down liability without fault in certain
cases, insurance of motor vehs against third
party risks and provisions concerning
claims tribunals.

163. What happens if the laid down provisions
are disregarded?

164. OFFENCES
Different types of offences and penalties
have been enumerated in following
provisions of the MV Act.
Sections3,4,5,6,23,36,39,47,52,66,93,109,11
2,113,114,115,124,130,132,133,134,158,178,
179,185,189,197 and 198 etc.

165. Duty of dvr in case of accident and injury
to a person
Section 134

166. Section 185 is with regard to driving by a
drunken person or by a person under the
influence of drugs.

167. KEY PROVISIONS IN MOTOR VEHS
(AMENDMENT) BILL, 2017
RECALLING OF VEHICLES
Motor Vehicles Act, 1988: Currently there is no
provision to recall vehs that are old or are harmful
to the environment or do not meet safety
standards.

168. New provisions 110A and 110B to empower
Central Government to recall vehs which do
not meet standards and it also provides for
establishment of testing agencies for issuing
certificates of approval.

169. TRANSPARENT, CENTRALISED AND
EFFICIENT DRIVER’S LICENSING
SYSTEM
Chapter II of the MVA relates to Licensing of
Drivers of Motor Vehs.
Under the existing Act, the lack of a
centralized database of all licenses and motor
vehs across India led to a situation where a
person may have multiple licenses from
different States.

170. The second proviso to Section 9 (3) exempts
applicants of drivers’ licenses to take the test
of competence if she/he possesses a driving
certificate issued by any institution recognized
by the State Government.
To drive a tpt veh, an applicant is required to
possess minimum educational qualifications.

171. To drive a tpt veh, an applicant is required to
possess minimum educational qualifications.
The licensing system would be digitized and
the identification of the applicant would also
be linked as per the UID mechanism.

172. Minimum educational qualifications for tpt
drivers given under Section 9(4) has been
omitted.

173. By the insertion of sub-section (5) in Section
12, the necessity of possessing a license to
drive a light motor veh for at least one year
before applying for a learners’ license to drive
a tpt veh has been removed. An applicant can
now directly apply for the class of veh in
which he has received training through an
accredited school.

174. The renewal of tpt licenses under Section 14 (2)
(a) has been increased to five years from three years.
The renewal of tpt licenses for driving vehs with
hazardous goods has been increased to three years
from one year subject to such conditions as may
be prescribed by the Central Government.

175. The provision also provides for the State
Registers to be subsumed in the national
register. It specifies that no driving license
shall be valid unless it has been issued a
unique driving license number under the
National Register of Driving Licenses.

176. To facilitate the grant of licenses in a
transparent manner, insertion of Section 25A
provides for the establishment of National
Register for Driving Licenses containing data
on all driving licenses issued throughout India.

177. SUMMARY
Due sensitization of the auto
engineers and those connected with sale,
servicing and maintenance of vehs to
the provisions of the MV Act, 1988 is a
functional necessity.

178. Auto companies may wish to discuss and
disseminate provisions of the MV Act.
They will be well advised to carefully examine
any changes contemplated in law, and to offer
their comments.

179. ACKNOWLEDGEMENT
The contribution of Advocate Neha Anand,
Senior Associate, Lex Consilium Foundation
for working on this presentation.

180. THANK YOU