THE MOTOR VEHICLES ACT, 1988

THE MOTOR VEHICLES ACT, 1988


ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY


SECTIONS

  1. Short title, extent and commencement.
  2. Definitions.
    2A. e-cart and e-rickshaw.
    CHAPTER II
    LICENSING OF DRIVERS OF MOTOR VEHICLES
  3. Necessity for driving licence.
  4. Age limit in connection with driving of motor vehicles.
  5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4.
  6. Restrictions on the holding of driving licences.
  7. Restrictions on the granting of learner’s licences for certain vehicles.
  8. Grant of learner’s licence.
  9. Grant of driving licence.
  10. Form and contents of licences to drive.
  11. Additions to driving licence.
  12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.
  13. Extent of effectiveness of licences, to drive motor vehicles.
  14. Currency of licences to drive motor vehicles.
  15. Renewal of driving licences.
  16. Revocation of driving licence on grounds of disease or disability.
  17. Orders refusing or revoking driving licences and appeals therefrom.
  18. Driving Licences to drive motor vehicles, belonging to the Central Government.
  19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence.
  20. Power of Court to disqualify.
  21. Suspension of driving licence in certain cases.
  22. Suspension or cancellation of driving licence on conviction.
  23. Effect of disqualification order.
  24. Endorsement.
  25. Transfer of endorsement and issue of driving licence free from endorsement.
  26. Maintenance of State Registers of Driving Licences.
  27. Power of Central Government to make rules.
  28. Power of State Government to make rules.
    CHAPTER III
    LICENSING OF CONDUCTORS OF STAGE CARRIAGES
  29. Necessity for conductor’s licence.
  30. Grant of conductor’s licence.
  31. Disqualifications for the grant of conductor’s licence.
  32. Revocation of a conductor’s licence on grounds of disease or disability.
  33. Orders refusing, etc, conductor’s licences and appeals therefrom.
  34. Power of licensing authority to disqualify.
  35. Power of Court to disqualify.
  36. Certain provisions of Chapter II to apply to conductor’s licence.
  37. Savings.
  38. Power of State Government to make rules.
    CHAPTER IV
    REGISTRATION OF MOTOR VEHICLES
  39. Necessity for registration.
  40. Registration, where to be made.
  41. Registration, how to be made.
  42. Special provision for registration of motor vehicles of diplomatic officers, etc.
  43. Temporary registration.
  44. Production of vehicle at the time of registration.
  45. Refusal of registration or renewal of the certificate of registration.
  46. Effectiveness in India of registration.
  47. Assignment of new registration mark on removal to another State.
  48. No objection certificate.
  49. Change of residence or place of business.
  50. Transfer of ownership.
  51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.
  52. Alteration in motor vehicle.
  53. Suspension of registration.
  54. Cancellation of registration suspended under section 53.
  55. Cancellation of registration.
  56. Certificate of fitness of transport vehicles.
  57. Appeals.
  58. Special provisions in regard to transport vehicles.
  59. Power to fix the age limit of motor vehicle.
  60. Registration of vehicles belonging to the Central Government.
  61. Application of Chapter to trailers.
  62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the
    State Transport Authority.
  63. Maintenance of State Registers of Motor Vehicles.
  64. Power of Central Government to make rules.
  65. Power of State Government to make rules.
    CHAPTER V
    CONTROL OF TRANSPORT VEHICLES
  66. Necessity for permits.
  67. Power to State Government to control road transport.
  68. Transport Authorities.
  69. General provision as to applications for permits.
  70. Application for stage carriage permit.
  71. Procedure of Regional Transport Authority in considering application for stage carriage permit.
  72. Grant of stage carriage permits.
  73. Application for contract carriage permit.
  74. Grant of contract carriage permit.
  75. Scheme for renting of motor cabs.
  76. Application for private service vehicle permit.
  77. Application for goods carriage permit.
  78. Consideration of application for goods carriage permit.
  79. Grant of goods carriage permit.
  80. Procedure in applying for and granting permits.
  81. Duration and renewal of permits.
  82. Transfer of permit.
  83. Replacement of vehicles.
  84. General conditions attaching to all permits.
  85. General form of permits.
  86. Cancellation and suspension of permits.
  87. Temporary permits.
  88. Validation of permits for use outside region in which granted.
  89. Appeals.
  90. Revision.
  91. Restriction of hours of work of drivers.
  92. Voidance of contracts restrictive of liability.
  93. Agent or canvasser to obtain licence.
  94. Bar on jurisdiction of Civil Courts.
  95. Power of State Government to make rules as to stage carriages and contract carriages.
  96. Power of State Government to make rules for the purposes of this Chapter.
    CHAPTER VI
    SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS
  97. Definition.
  98. Chapter to override Chapter V and other laws.
  99. Preparation and publication of proposal regarding road transport service of a State transport undertaking.
  100. Objection to the proposal.
  101. Operation of additional services by a State transport undertaking in certain circumstances.
  102. Cancellation or modification of scheme.
  103. Issue of permits to State transport undertakings.
  104. Restriction on grant of permits in respect of a notified area or notified route.
  105. Principles and method of determining compensation and payment thereof.
  106. Disposal of article found in vehicles.
  107. Power of State Government to make rules.
  108. Certain powers of State Government exercisable by the Central Government.
    CHAPTER VII
    CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
  109. General provision regarding construction and maintenance of vehicles.
  110. Power of Central Government to make rules.
  111. Power of State Government to make rules.
    CHAPTER VIII
    CONTROL OF TRAFFIC
  112. Limits of speed.
  113. Limits of weight and limitations on use.
  114. Power to have vehicle weighed.
  115. Power to restrict the use of vehicles.
  116. Power to erect traffic signs.
  117. Parking places and halting stations.
  118. Driving regulations.
  119. Duty to obey traffic signs.
  120. Vehicles with left hand control.
  121. Signals and signalling devices.
  122. Leaving vehicle in dangerous position.
  123. Riding on running board, etc.
  124. Prohibition against travelling without pass or ticket.
  125. Obstruction of driver.
  126. Stationary vehicles.
  127. Removal of motor vehicles abandoned or left unattended on a public place.
  128. Safety measures for drivers and pillion riders.
  129. Wearing of protective headgear.
  130. Duty to produce licence and certificate of registration.
  131. Duty of the driver to take certain precautions at unguarded railway level crossing.
  132. Duty of driver to stop in certain cases.
  133. Duty of owner of motor vehicle to give information.
  134. Duty of driver in case of accident and injury to a person.
  135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc.
  136. Inspection of vehicle involved in accident.
  137. Power of Central Government to make rules.
  138. Power of State Government to make rules.
    CHAPTER IX
    MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
  139. Power of Central Government to make rules.
    CHAPTER X
    LIABILITY WITHOUT FAULT IN CERTAIN CASES
  140. Liability to pay compensation in certain cases on the principle of no fault.
  141. Provisions as to other right to claim compensation for death or permanent disablement.
  142. Permanent disablement.
  143. Applicability of Chapter to certain claims under Act 8 of 1923.
  144. Overriding effect.
    CHAPTER XI
    INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
  145. Definitions.
  146. Necessity for insurance against third party risk.
  147. Requirements of policies and limits of liability.
  148. Validity of policies of insurance issued in reciprocating countries.
  149. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.
  150. Rights of third parties against insurers on insolvency of the insured.
  151. Duty to give information as to insurance.
  152. Settlement between insurers and insured persons.
  153. Saving in respect of sections 150, 151 and 152.
  154. Insolvency of insured persons not to affect liability of insured or claims by third parties.
  155. Effect of death on certain causes of action.
  156. Effect of certificate of insurance.
  157. Transfer of certificate of insurance.
  158. Production of certain certificates, licence and permit in certain cases.
  159. Production of certificate of Insurance on application for authority to use vehicle.
  160. Duty to furnish particulars of vehicle involved in accident.
  161. Special provisions as to compensation in case of hit and run motor accident.
  162. Refund in certain cases of compensation paid under section 161.
  163. Scheme for payment of compensation in case of hit and run motor accidents.
    163A. Special provisions as to payment of compensation on structured formula basis.
    163B. Option to file claim in certain cases.
  164. Power of Central Government to make rules.
    CHAPTER XII
    CLAIMS TRIBUNALS
  165. Claims Tribunals.
  166. Application for compensation.
  167. Option regarding claims for compensation in certain cases.
  168. Award of the Claims Tribunal.
  169. Procedure and powers of Claims Tribunals.
  170. Impleading insurer in certain cases.
  171. Award of interest where any claim is allowed.
  172. Award of compensatory costs in certain cases.
  173. Appeals.
  174. Recovery of money from insurer as arrear of land revenue.
  175. Bar on jurisdiction of Civil Courts.
  176. Power of State Government to make rules.
    CHAPTER XIII
    OFFENCES, PENALTIES AND PROCEDURE
  177. General provision for punishment of offences.
  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.
  179. Disobedience of orders, obstruction and refusal of information.
  180. Allowing unauthorised persons to drive vehicles.
  181. Driving vehicles in contravention of section 3 or section 4.
  182. Offences relating to licences.
    182A. Punishment for offences relating to construction and maintenance of vehicles.
  183. Driving at excessive speed, etc.
  184. Driving dangerously.
  185. Driving by a drunken person or by a person under the influence of drugs.
  186. Driving when mentally or phycically unfit to drive.
  187. Punishment for offences relating to accident.
  188. Punishment for abetment of certain offences.
  189. Racing and trails of speed.
  190. Using vehicle in unsafe condition.
  191. Sale of vehicle in or alteration of vehicle to condition contravening this Act.
  192. Using vehicle without registration.
    192A. Using vehicle without permit.
  193. Punishment of agents and canvassers without proper authority.
  194. Driving vehicle exceeding permissible weight.
  195. Imposition of minimum fine under certain circumstances.
  196. Driving uninsured vehicle.
  197. Taking vehicle without authority.
  198. Unauthorised interference with vehicle.
  199. Offences by companies.
  200. Composition of certain offences.
  201. Penalty for causing obstruction to free flow of traffic.
  202. Power to arrest without warrant.
  203. Breath tests.
  204. Laboratory test.
  205. Presumption of unfitness to drive.
  206. Power of police officer to impound document.
  207. Power to detain vehicles used without certificate of registration permit, etc.
  208. Summary disposal of cases.
  209. Restriction on conviction.
  210. Courts to send intimation about conviction.
    CHAPTER XIV
    MISCELLANEOUS
  211. Power to levy fee.
  212. Publication, commencement and laying of rules and notifications.
  213. Appointment of motor vehicles officers.
  214. Effect of appeal and revision on orders passed by original authority.
  215. Road Safety Councils and Committees.
  216. Power to remove difficulties.
  217. Repeal and savings.
    217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939.
    THE FIRST SCHEDULE.
    THE SECOND SCHEDULE.