THE MOTOR VEHICLES ACT, 1988
ACT No. 59 OF 1988
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
The Motor Vehicles Act 1988
Act No. 59 of 1988
The Act has taken into account changes
in the road transport technology, pattern
of passenger and freight movements,
developments in the road network in the
country and particularly techniques in the
motor vehicles management.
A carriage is a contrivance which is used
for carrying or transporting, especially
along or over a solid surface.
Carriage includes any carriage, wagon,
cart truck, vehicle or other means of
conveying goods, or passengers by
land.
A crane is a motor vehicle
The term automobile includes all vehicles
propelled by other than mascular power,
except rail road and railway cars and
motor vehicles, running only on rails and
tracks, and road rollers.
An Act to consolidate and amend the
law relating to motor vehicles.
RELEVANCE OF MV ACT TO THE TATA
MOTORS TRAINEES
The Act deals with
 Construction equipment and maintenance
 Standards for components and parts
 Anti-pollution control devices
 Issue of testing fitness certificates
 Registration marks
The Act categorises motor vehicles
into different types.
Generally the categorisation 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
Words Defined Clause of
Section 2
Contract carriage 7
Goods carriage 14
Heavy goods vehicle 16
Heavy passenger motor vehicle 17
Invalid carriage 18
Light motor vehicle 21
Maxicab 22
Medium goods vehicle 23
Medium passenger motor vehicle 24
Motor cab 25
Motor car 26
Motor cycle 27
Motor vehicle or vehicle 28
Omnibus 29
Private service vehicle 33
Public service vehicle 35
Semi trailer 39
Stage carriage 40
Tourist vehicle 43
Tractor 44
Trailer 46
Transport vehicle 47
“Contract carriage” means a motor vehicle
which carries a passenger or passengers for
hire or reward and is engaged under a
contract, whether expressed or implied, for
the use of such vehicle as a whole for the
carriage of passengers mentioned therein
and entered into by a person with a holder of
a permit in relation to such vehicle or any
person authorised by him in this behalf on a
fixed or an agreed rate or sum –
a) on a time basis, whether or not with reference
to any route or distance; or
b) from one point to another,
and in either case, without stopping to pick up
or set down passengers not included in the
contract anywhere during the journey, and
includes –
i) a maxicab; and
ii) a motor can notwithstanding that separate
fares are charged for its passengers;
“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.
“Maxicab” 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;
“Medium goods vehicle” means any goods
carriage other than a light motor vehicle or a
heavy goods vehicle;
Number
1. Preliminary
2. Licensing of drives of motor vehicles
3. Licensing of conductors of stage carriages
4. Registration of motor vehicles
5. Control of transport vehicles
6. Special provisions relating to State Transport
undertaking
7. Construction, equipment and maintenance of
vehicles
8. Control of traffic
9. Motor vehicles temporarily leaving or
visiting India
10. Liability without fault in certain cases
11. Insurance of motor vehicles against third
party risks
12. Claims Tribunals
13. Offences, penalties and procedure
14. Miscellaneous
Salient portions of the Act have been
discussed in this presentation.
Section 2(8)
Dealer includes a person who is engaged
_____
b) in building bodies for attachment to chassis; or
c) in the repair of motor vehicles; or
d) in the business of hypothecation, leasing or hire
purchase of motor vehicles
Definitions Clause of Section 2
Certificate of registration 4
Goods 13
Manufactures 21A
Owner 30
To be noted
1. Driving licence does not mean a learner’s
licence
2. A minor cannot be an owner (His guardian
would be the owner)
Following Excluded From Definition of
Motor Car :
- Transport vehicle
- Omnibus
- Road roller
- Tractor
- Motor cycle
- Invalid carriage
Special Provision Regarding Motor Vehicle
Subject to Hire Purchase Agreement etc.
Section 51
Alteration in Motor Vehicle
Section 52
Alteration means a change in the structure
of a vehicle which results in a change in its
basic features.
Certificate of Fitness
Section 56
This provision has been added with a view
to prevent or reduce pollution and due to
environmental concerns.
In case of refusal, owner of the vehicle will
be supplied with reasons in writing for such
refusal.
Thus on appeal can be filed if refusal is felt
to be arbitrary or malafide or on any other
valid ground.
Power to Fix the age limit of Motor Vehicle
Section 59
Different ages for different classes or
different types of motor vehicles.
Having regard to
a) Public safety
b) Convenience
c) Objects of this Act
Thus fixation of age for different category
of vehicles can be lawful only on these
three grounds.
The provisions of registration also apply to
trailer.
Section 61(1)
Power to State Government to control road
transport.
Section 67
General provision regarding construction
and maintenance of vehicles.
Section 109
Power of Central Government to make Rules
Section 110
Power of State Government to make Rules
Section 111
Vehicles with left hand control
Section 121
Different types of offences and penalties
have been enumerated in following
provisions of the MV Act.
Sections 3,4,5,6,23,36,39,47,52,66,
93,109,112,113,114,115,124,130,133,158,
178,179,189,197 and 198 etc.
Due sensitisation of the automobile
engineers and those connected with sale,
servicing and maintenance of vehicles to
the provisions of the MV Act, 1988 is a
functional necessity.
Thanks

Motor Vehicle Act

  • 1.
    THE MOTOR VEHICLESACT, 1988 ACT No. 59 OF 1988
  • 2.
    1. The Carriageby 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.
  • 3.
    7. The MotorTransport 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 VehiclesAct 1988 Act No. 59 of 1988
  • 5.
    The Act hastaken into account changes in the road transport technology, pattern of passenger and freight movements, developments in the road network in the country and particularly techniques in the motor vehicles management.
  • 6.
    A carriage isa contrivance which is used for carrying or transporting, especially along or over a solid surface.
  • 7.
    Carriage includes anycarriage, wagon, cart truck, vehicle or other means of conveying goods, or passengers by land.
  • 8.
    A crane isa motor vehicle
  • 9.
    The term automobileincludes all vehicles propelled by other than mascular power, except rail road and railway cars and motor vehicles, running only on rails and tracks, and road rollers.
  • 10.
    An Act toconsolidate and amend the law relating to motor vehicles.
  • 11.
    RELEVANCE OF MVACT TO THE TATA MOTORS TRAINEES
  • 12.
    The Act dealswith  Construction equipment and maintenance  Standards for components and parts  Anti-pollution control devices  Issue of testing fitness certificates  Registration marks
  • 13.
    The Act categorisesmotor vehicles into different types.
  • 14.
    Generally the categorisationis based on size, type and utility of such vehicles.
  • 15.
    1. Extends towhole of India 2. Came into force on 1 July 1989 3. No. of Chapters – 14 4. No. of Sections – 217
  • 16.
    Words Defined Clauseof Section 2 Contract carriage 7 Goods carriage 14 Heavy goods vehicle 16 Heavy passenger motor vehicle 17 Invalid carriage 18 Light motor vehicle 21 Maxicab 22 Medium goods vehicle 23 Medium passenger motor vehicle 24
  • 17.
    Motor cab 25 Motorcar 26 Motor cycle 27 Motor vehicle or vehicle 28 Omnibus 29 Private service vehicle 33 Public service vehicle 35 Semi trailer 39 Stage carriage 40 Tourist vehicle 43 Tractor 44 Trailer 46 Transport vehicle 47
  • 18.
    “Contract carriage” meansa motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum –
  • 19.
    a) on atime basis, whether or not with reference to any route or distance; or b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes – i) a maxicab; and ii) a motor can notwithstanding that separate fares are charged for its passengers;
  • 20.
    “Goods carriage” meansany 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.
  • 21.
    “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;
  • 22.
    “Heavy passenger motorvehicle” 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;
  • 23.
    “Invalid carriage” meansa 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;
  • 24.
    “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.
  • 25.
    “Maxicab” means anymotor vehicle constructed or adapted to carry more than six passengers , but not more than twelve passengers, excluding the driver, for hire or reward;
  • 26.
    “Medium goods vehicle”means any goods carriage other than a light motor vehicle or a heavy goods vehicle;
  • 27.
    Number 1. Preliminary 2. Licensingof drives of motor vehicles 3. Licensing of conductors of stage carriages 4. Registration of motor vehicles 5. Control of transport vehicles 6. Special provisions relating to State Transport undertaking 7. Construction, equipment and maintenance of vehicles
  • 28.
    8. Control oftraffic 9. Motor vehicles temporarily leaving or visiting India 10. Liability without fault in certain cases 11. Insurance of motor vehicles against third party risks 12. Claims Tribunals 13. Offences, penalties and procedure 14. Miscellaneous
  • 29.
    Salient portions ofthe Act have been discussed in this presentation.
  • 30.
    Section 2(8) Dealer includesa person who is engaged _____ b) in building bodies for attachment to chassis; or c) in the repair of motor vehicles; or d) in the business of hypothecation, leasing or hire purchase of motor vehicles
  • 31.
    Definitions Clause ofSection 2 Certificate of registration 4 Goods 13 Manufactures 21A Owner 30
  • 32.
    To be noted 1.Driving licence does not mean a learner’s licence 2. A minor cannot be an owner (His guardian would be the owner)
  • 33.
    Following Excluded FromDefinition of Motor Car : - Transport vehicle - Omnibus - Road roller - Tractor - Motor cycle - Invalid carriage
  • 34.
    Special Provision RegardingMotor Vehicle Subject to Hire Purchase Agreement etc. Section 51
  • 35.
    Alteration in MotorVehicle Section 52
  • 36.
    Alteration means achange in the structure of a vehicle which results in a change in its basic features.
  • 37.
  • 38.
    This provision hasbeen added with a view to prevent or reduce pollution and due to environmental concerns.
  • 39.
    In case ofrefusal, owner of the vehicle will be supplied with reasons in writing for such refusal.
  • 40.
    Thus on appealcan be filed if refusal is felt to be arbitrary or malafide or on any other valid ground.
  • 41.
    Power to Fixthe age limit of Motor Vehicle Section 59
  • 42.
    Different ages fordifferent classes or different types of motor vehicles.
  • 43.
    Having regard to a)Public safety b) Convenience c) Objects of this Act
  • 44.
    Thus fixation ofage for different category of vehicles can be lawful only on these three grounds.
  • 45.
    The provisions ofregistration also apply to trailer. Section 61(1)
  • 46.
    Power to StateGovernment to control road transport. Section 67
  • 47.
    General provision regardingconstruction and maintenance of vehicles. Section 109
  • 48.
    Power of CentralGovernment to make Rules Section 110
  • 49.
    Power of StateGovernment to make Rules Section 111
  • 50.
    Vehicles with lefthand control Section 121
  • 51.
    Different types ofoffences and penalties have been enumerated in following provisions of the MV Act. Sections 3,4,5,6,23,36,39,47,52,66, 93,109,112,113,114,115,124,130,133,158, 178,179,189,197 and 198 etc.
  • 52.
    Due sensitisation ofthe automobile engineers and those connected with sale, servicing and maintenance of vehicles to the provisions of the MV Act, 1988 is a functional necessity.
  • 53.