Motor Vehicles Act, 1988

ACT NO . 59 OF 1988

[14th October, 1988.]

An Act to consolidate and amend the law relating to motor vehicles.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

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S.1 Short title, extent and commencement.

S.2 Definitions.

S.2A e-cart and e-rickshaw.

S.2B Promotion of innovation

S.3 Necessity for driving licence.

S.4 Age limit in connection with driving of motor vehicles.

S.5 Responsibility of owners of motor vehicles for contravention of sections 3 and 4.

S.6 Restrictions on the holding of driving licences.

S.7 Restrictions on the granting of learner's licences for certain vehicles.

S.8 Grant of learner's licence.

S.9 Grant of driving licence.

S.10 Form and contents of licences to drive.

S.11 Additions to driving licence.

S.12 Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.

S.13 Extent of effectiveness of licences, to drive motor vehicles.

S.14 Currency of licences to drive motor vehicles.

S.15 Renewal of driving licences.

S.16 Revocation of driving licence on grounds of disease or disability.

S.17 Orders refusing or revoking driving licences and appeals therefrom.

S.18 Driving Licences to drive motor vehicles, belonging to the Central Government.

S.19 Power of licensing authority to disqualify from holding a driving licence or revoke such licence.

S.20 Power of Court to disqualify.

S.21 Suspension of driving licence in certain cases.

S.22 Suspension or cancellation of driving licence on conviction.

S.23 Effect of disqualification order.

S.24 Endorsement.

S.25 Transfer of endorsement and issue of driving licence free from endorsement.

S.25A National Register of Driving Licences.

S.26 Maintenance of State Registers of Driving Licences.

S.27 Power of Central Government to make rules.

S.28 Power of State Government to make rules.

S.29 Necessity for conductor's licence.

S.30 Grant of conductor's licence.

S.31 Disqualifications for the grant of conductor's licence.

S.32 Revocation of a conductor's licence on grounds of disease or disability.

S.33 Orders refusing, etc, conductor's licences and appeals therefrom.

S.34 Power of licensing authority to disqualify.

S.35 Power of Court to disqualify.

S.36 Certain provisions of Chapter II to apply to conductor's licence.

S.37 Savings.

S.38 Power of State Government to make rules.

S.39 Necessity for registration.

S.40 Registration, where to be made.

S.41 Registration, how to be made.

S.42 Special provision for registration of motor vehicles of diplomatic officers, etc.

S.43 Temporary registration.

S.44 Production of vehicle at the time of registration.

S.45 Refusal of registration or renewal of the certificate of registration.

S.46 Effectiveness in India of registration.

S.47 Assignment of new registration mark on removal to another State.

S.48 No objection certificate.

S.49 Change of residence or place of business.

S.50 Transfer of ownership.

S.51 Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.

S.52 Alteration in motor vehicle.

S.53 Suspension of registration.

S.54 Cancellation of registration suspended under section 53.

S.55 Cancellation of registration.

S.56 Certificate of fitness of transport vehicles.

S.57 Appeals.

S.58 Special provisions in regard to transport vehicles.

S.59 Power to fix the age limit of motor vehicle.

S.60 Registration of vehicles belonging to the Central Government.

S.61 Application of Chapter to trailers.

S.62 Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority.

S.62A Prohibition of registration and issuance of certificate of fitness to oversized vehicles.

S.62B National Register of Motor Vehicles.

S.63 Maintenance of State Registers of Motor Vehicles.

S.64 Power of Central Government to make rules.

S.65 Power of State Government to make rules.

S.66 Necessity for permits.

S.66A National Transportation Policy.

S.66B No bar against permit holders to apply and hold licences under schemes.

S.67 Power to State Government to control road transport.

S.68 Transport Authorities.

S.69 General provision as to applications for permits.

S.70 Application for stage carriage permit.

S.71 Procedure of Regional Transport Authority in considering application for stage carriage permit.

S.72 Grant of stage carriage permits.

S.73 Application for contract carriage permit.

S.74 Grant of contract carriage permit.

S.75 Scheme for renting of motor cabs.

S.76 Application for private service vehicle permit.

S.77 Application for goods carriage permit.

S.78 Consideration of application for goods carriage permit.

S.79 Grant of goods carriage permit.

S.80 Procedure in applying for and granting permits.

S.81 Duration and renewal of permits.

S.82 Transfer of permit.

S.83 Replacement of vehicles.

S.84 General conditions attaching to all permits.

S.85 General form of permits.

S.86 Cancellation and suspension of permits.

S.87 Temporary permits.

S.88 Validation of permits for use outside region in which granted.

S.88A Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods.

S.89 Appeals.

S.90 Revision.

S.91 Restriction of hours of work of drivers.

S.92 Voidance of contracts restrictive of liability.

S.93 Agent or canvasser or aggregator to obtain licence.

S.94 Bar on jurisdiction of Civil Courts.

S.95 Power of State Government to make rules as to stage carriages and contract carriages.

S.96 Power of State Government to make rules for the purposes of this Chapter.

S.97 Definition.

S.98 Chapter to override Chapter V and other laws.

S.99 Preparation and publication of proposal regarding road transport service of a State transport undertaking.

S.100 Objection to the proposal.

S.101 Operation of additional services by a State transport undertaking in certain circumstances.

S.102 Cancellation or modification of scheme.

S.103 Issue of permits to State transport undertakings.

S.104 Restriction on grant of permits in respect of a notified area or notified route.

S.105 Principles and method of determining compensation and payment thereof.

S.106 Disposal of article found in vehicles.

S.107 Power of State Government to make rules.

S.108 Certain powers of State Government exercisable by the Central Government.

S.109 General provision regarding construction and maintenance of vehicles.

S.110 Power of Central Government to make rules.

S.110A Recall of motor vehicles.

S.110B Type of approval certificate and testing agencies.

S.111 Power of State Government to make rules.

S.112 Limits of speed.

S.113 Limits of weight and limitations on use.

S.114 Power to have vehicle weighed.

S.115 Power to restrict the use of vehicles.

S.116 Power to erect traffic signs.

S.117 Parking places and halting stations.

S.118 Driving regulations.

S.119 Duty to obey traffic signs.

S.120 Vehicles with left hand control.

S.121 Signals and signalling devices.

S.122 Leaving vehicle in dangerous position.

S.123 Riding on running board, etc.

S.124 Prohibition against travelling without pass or ticket.

S.125 Obstruction of driver.

S.126 Stationary vehicles.

S.127 Removal of motor vehicles abandoned or left unattended on a public place.

S.128 Safety measures for drivers and pillion riders.

S.129 Wearing of protective headgear.

S.130 Duty to produce licence and certificate of registration.

S.131 Duty of the driver to take certain precautions at unguarded railway level crossing.

S.132 Duty of driver to stop in certain cases.

S.133 Duty of owner of motor vehicle to give information.

S.134 Duty of driver in case of accident and injury to a person.

S.134A Protection of Good Samaritans.

S.135 Schemes to be framed for the investigation of accident cases and wayside amenities, etc.

S.136 Inspection of vehicle involved in accident.

S.136A Electronic monitoring and enforcement of road safety.

S.137 Power of Central Government to make rules.

S.138 Power of State Government to make rules.

S.139 Power of Central Government to make rules.

S.140 Omitted.

S.141 Omitted.

S.142 Omitted.

S.143 Omitted.

S.144 Omitted.

S.145 Definitions.

S.146 Necessity for insurance against third party risk.

S.147 Requirements of policies and limits of liability.

S.148 Validity of policies of insurance issued in reciprocating countries.

S.149 Settlement by insurance company and procedure therefor.

S.150 Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks

S.151 Rights of third party against insurers on insolvency of insured

S.152 Duty to give information as to insurance.

S.153 Settlement between insurers and insured persons.

S.154 Saving in respect of sections 151, 152 and 153.

S.155 Effect of death on certain causes of action.

S.156 Effect of certificate of insurance.

S.157 Transfer of certificate of insurance.

S.158 Production of certain certificates, licence and permit in certain cases.

S.159 Information to be given regarding accident.

S.160 Duty to furnish particulars of vehicle involved in accident.

S.161 Special provisions as to compensation in case of hit and run motor accident.

S.162 Scheme for golden hour.

S.163 Refund in certain cases of compensation paid under section 161.

S.164 Payment of compensation in case of death or grevious hurt, etc.

S.164A Scheme for interim relief for claimants

S.164B Motor Vehicle Accident Fund

S.164C Power of Central Government to make rules.

S.164D Power of State Government to make rules.

S.165 Claims Tribunals.

S.166 Application for compensation.

S.167 Option regarding claims for compensation in certain cases.

S.168 Award of the Claims Tribunal.

S.169 Procedure and powers of Claims Tribunals.

S.170 Impleading insurer in certain cases.

S.171 Award of interest where any claim is allowed.

S.172 Award of compensatory costs in certain cases.

S.173 Appeals.

S.174 Recovery of money from insurer as arrear of land revenue.

S.175 Bar on jurisdiction of Civil Courts.

S.176 Power of State Government to make rules.

S.177 General provision for punishment of offences.

S.177A Penalty for contravention of regulations under section 118.

S.178 Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc.

S.179 Disobedience of orders, obstruction and refusal of information.

S.180 Allowing unauthorised persons to drive vehicles.

S.181 Driving vehicles in contravention of section 3 or section 4.

S.182 Offences relating to licences.

S.182A Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components.

S.182B Punishment for contravention of section 62A.

S.183 Driving at excessive speed, etc.

S.184 Driving dangerously.

S.185 Driving by a drunken person or by a person under the influence of drugs.

S.186 Driving when mentally or phycically unfit to drive.

S.187 Punishment for offences relating to accident.

S.188 Punishment for abetment of certain offences.

S.189 Racing and trials of speed.

S.190 Using vehicle in unsafe condition.

S.191 Omitted.

S.192 Using vehicle without registration.

S.192A Using vehicle without permit.

S.192B Offences relating to registration.

S.193 Punishment of agents, canvassers and aggregators without proper authority.

S.194 Driving vehicle exceeding permissible weight.

S.194A Carriage of excess passengers.

S.194B Use of safety belts and the seating of children.

S.194C Penalty for violation of safety measures for motor cycle drivers and pillion riders.

S.194D Penalty for not wearing protective headgear

S.194E Failure to allow free passage to emergency vehicles.

S.194F Use of horns and silence zones.

S.195 Omitted.

S.196 Driving uninsured vehicle.

S.197 Taking vehicle without authority.

S.198 Unauthorised interference with vehicle.

S.198A Failure to comply with standards for road design, construction and maintenance.

S.199 Offences by companies.

S.199A Offences by juveniles.

S.199B Revision of fines.

S.200 Composition of certain offences.

S.201 Penalty for causing obstruction to free flow of traffic.

S.202 Power to arrest without warrant.

S.203 Breath tests.

S.204 Laboratory test.

S.205 Presumption of unfitness to drive.

S.206 Power of police officer to impound document.

S.207 Power to detain vehicles used without certificate of registration permit, etc.

S.208 Summary disposal of cases.

S.209 Restriction on conviction.

S.210 Courts to send intimation about conviction.

S.210A Power of State Government to increase penalties.

S.210B Penalty for offence committed by an enforcing authority

S.210C Power of Central Government to make rules.

S.210D Power of State Government to make rules.

S.211 Power to levy fee.

S.211A Use of electronic forms and documents.

S.212 Publication, commencement and laying of rules and notifications.

S.213 Appointment of motor vehicles officers.

S.214 Effect of appeal and revision on orders passed by original authority.

S.215 Road Safety Councils and Committees.

S.215A Power of Central Government and State Government to delegate.

S.215B National Road Safety Board

S.215C Power of Central Government to make rules.

S.215D Power of State Government to make rules.

S.216 Power to remove difficulties.

S.217 Repeal and savings.

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