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THE MOTOR VEHICLES ACT, 1988

ACT NO. 59 OF 1988 · Enacted [14th October, 1988.] · 257 sections

PRELIMINARY

Section 1.Short title, extent and commencement.
Section 2.Definitions.
Section 2A.e-cart and e-rickshaw.
Section 2B.Promotion of innovation.

LICENSING OF DRIVERS OF MOTOR VEHICLES

Section 3.Necessity for driving licence.
Section 4.Age limit in connection with driving of motor vehicles.
Section 5.Responsibility of owners of motor vehicles for contravention of sections 3 and 4.
Section 6.Restrictions on the holding of driving licences.
Section 7.Restrictions on the granting of learner’s licences for certain vehicles.
Section 8.Grant of learner’s licence.
Section 9.Grant of driving licence.
Section 10.Form and contents of licences to drive.
Section 11.Additions to driving licence.
Section 12.Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.
Section 13.Extent of effectiveness of licences, to drive motor vehicles.
Section 14.Currency of licences to drive motor vehicles.
Section 15.Renewal of driving licences.
Section 16.Revocation of driving licence on grounds of disease or disability.
Section 17.Orders refusing or revoking driving licences and appeals therefrom.
Section 18.Driving Licences to drive motor vehicles, belonging to the Central Government.
Section 19.Power of licensing authority to disqualify from holding a driving licence or revoke such licence.
Section 20.Power of Court to disqualify.
Section 21.Suspension of driving licence in certain cases.
Section 22.Suspension or cancellation of driving licence on conviction.
Section 23.Effect of disqualification order.
Section 24.Endorsement.
Section 25.Transfer of endorsement and issue of driving licence free from endorsement.
Section 25A.National Register of Driving Licences.
Section 26.Maintenance of State Registers of Driving Licences.
Section 27.Power of Central Government to make rules.
Section 28.Power of State Government to make rules.

LICENSING OF CONDUCTORS OF STAGE CARRIAGES

Section 29.Necessity for conductor’s licence.
Section 30.Grant of conductor’s licence.
Section 31.Disqualifications for the grant of conductor’s licence.
Section 32.Revocation of a conductor’s licence on grounds of disease or disability.
Section 33.Orders refusing, etc., conductor’s licences and appeals therefrom.
Section 34.Power of licensing authority to disqualify.
Section 35.Power of Court to disqualify.
Section 36.Certain provisions of Chapter II to apply to conductor’s licence.
Section 37.Savings.
Section 38.Power of State Government to make rules.

REGISTRATION OF MOTOR VEHICLES

Section 39.Necessity for registration.
Section 40.Registration, where to be made.
Section 41.Registration, how to be made.
Section 42.Special provision for registration of motor vehicles of diplomatic officers, etc.
Section 43.Temporary registration.
Section 44.Production of vehicle at the time of registration.
Section 45.Refusal of registration or renewal of the certificate of registration.
Section 46.Effectiveness in India of registration.
Section 47.Assignment of new registration mark on removal to another State.
Section 48.No objection certificate.
Section 49.Change of residence or place of business.
Section 50.Transfer of ownership.
Section 51.Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.
Section 52.Alteration in motor vehicle.
Section 53.Suspension of registration.
Section 54.Cancellation of registration suspended under section 53.
Section 55.Cancellation of registration.
Section 56.Certificate of fitness of transport vehicles.
Section 57.Appeals.
Section 58.Special provisions in regard to transport vehicles.
Section 59.Power to fix the age limit of motor vehicle.
Section 60.Registration of vehicles belonging to the Central Government.
Section 61.Application of Chapter to trailers.
Section 62.Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority.
Section 62A.Prohibition of registration and issuance of certificate of fitness to oversized vehicles.
Section 62B.National Register of Motor Vehicles.
Section 63.Maintenance of State Registers of Motor Vehicles.
Section 64.Power of Central Government to make rules.
Section 65.Power of State Government to make rules.

CONTROL OF TRANSPORT VEHICLES

Section 66.Necessity for permits.
Section 66A.National Transportation Policy.
Section 66B.No bar against permit holders to apply and hold licences under schemes.
Section 67.Power to State Government to control road transport.
Section 68.Transport Authorities.
Section 69.General provision as to applications for permits.
Section 70.Application for stage carriage permit.
Section 71.Procedure of Regional Transport Authority in considering application for stage carriage permit.
Section 72.Grant of stage carriage permits.
Section 73.Application for contract carriage permit.
Section 74.Grant of contract carriage permit.
Section 75.Scheme for renting of motor cabs.
Section 76.Application for private service vehicle permit.
Section 77.Application for goods carriage permit.
Section 78.Consideration of application for goods carriage permit.
Section 79.Grant of goods carriage permit.
Section 80.Procedure in applying for and granting permits.
Section 81.Duration and renewal of permits.
Section 82.Transfer of permit.
Section 83.Replacement of vehicles.
Section 84.General conditions attaching to all permits.
Section 85.General form of permits.
Section 86.Cancellation and suspension of permits.
Section 87.Temporary permits.
Section 88.Validation of permits for use outside region in which granted.
Section 88A.Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods.
Section 89.Appeals.
Section 90.Revision.
Section 91.Restriction of hours of work of drivers.
Section 92.Voidance of contracts restrictive of liability.
Section 93.Agent or canvasser or aggregator to obtain licence.
Section 94.Bar on jurisdiction of Civil Courts.
Section 95.Power of State Government to make rules as to stage carriages and contract carriages.
Section 96.Power of State Government to make rules for the purposes of this Chapter.

SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

Section 97.Definition.
Section 98.Chapter to override Chapter V and other laws.
Section 99.Preparation and publication of proposal regarding road transport service of a State transport undertaking.
Section 100.Objection to the proposal.
Section 101.Operation of additional services by a State transport undertaking in certain circumstances.
Section 102.Cancellation or modification of scheme.
Section 103.Issue of permits to State transport undertakings.
Section 104.Restriction on grant of permits in respect of a notified area or notified route.
Section 105.Principles and method of determining compensation and payment thereof.
Section 106.Disposal of article found in vehicles.
Section 107.Power of State Government to make rules.
Section 108.Certain powers of State Government exercisable by the Central Government.

CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

Section 109.General provision regarding construction and maintenance of vehicles.
Section 110.Power of Central Government to make rules.
Section 110A.Recall of motor vehicles.
Section 110B.Type of approval certificate and testing agencies.
Section 111.Power of State Government to make rules.

CONTROL OF TRAFFIC

Section 112.Limits of speed.
Section 113.Limits of weight and limitations on use.
Section 114.Power to have vehicle weighed.
Section 115.Power to restrict the use of vehicles.
Section 116.Power to erect traffic signs.
Section 117.Parking places and halting stations.
Section 118.Driving regulations.
Section 119.Duty to obey traffic signs.
Section 120.Vehicles with left hand control.
Section 121.Signals and signalling devices.
Section 122.Leaving vehicle in dangerous position.
Section 123.Riding on running board, etc.
Section 124.Prohibition against travelling without pass or ticket.
Section 125.Obstruction of driver.
Section 126.Stationary vehicles.
Section 127.Removal of motor vehicles abandoned or left unattended on a public place.
Section 128.Safety measures for drivers and pillion riders.
Section 129.Wearing of protective headgear.
Section 130.Duty to produce licence and certificate of registration.
Section 131.Duty of the driver to take certain precautions at unguarded railway level crossing.
Section 132.Duty of driver to stop in certain cases.
Section 133.Duty of owner of motor vehicle to give information.
Section 134.Duty of driver in case of accident and injury to a person.
Section 134A.Protection of Good Samaritans.
Section 135.Schemes to be framed for the investigation of accident cases and wayside amenities, etc.
Section 136.Inspection of vehicle involved in accident.
Section 136A.Electronic monitoring and enforcement of road safety.
Section 137.Power of Central Government to make rules.
Section 138.Power of State Government to make rules.

MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA

Section 139.Power of Central Government to make rules.

[LIABILITY WITHOUT FAULT IN CERTAINCASES] [Omitted.].

Section 140.[Omitted.].
Section 141.[Omitted.].
Section 142.[Omitted.].
Section 143.[Omitted.].
Section 144.[Omitted.].

INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS

Section 145.Definitions.
Section 146.Necessity for insurance against third party risks.
Section 147.Requirements of policies and limits of liability.
Section 148.Validity of policies of insurance issued in reciprocating countries.
Section 149.Settlement by insurance company and procedure therefor.
Section 150.Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.
Section 151.Rights of third party against insurers on insolvency of insured.
Section 152.Duty to give information as to insurance.
Section 153.Settlement between insurers and insured persons.
Section 154.Saving in respect of sections 151, 152 and 153.
Section 155.Effect of death on certain causes of action.
Section 156.Effect of certificate of insurance.
Section 157.Transfer of certificate of insurance.
Section 158.Production of certain certificates, licence and permit in certain cases.
Section 159.Information to be given regarding accident.
Section 160.Duty to furnish particulars of vehicle involved in accident.
Section 161.Special provisions as to compensation in case of hit and run motor accident.
Section 162.Scheme for golden hour.
Section 163.Refund in certain cases of compensation paid under section 161.
Section 164.Payment of compensation in case of death or grevious hurt, etc.
Section 164A.Scheme for interim relief for claimants.
Section 164B.Motor Vehicle Accident Fund.
Section 164C.Power of Central Government to make rules.
Section 164D.Power of State Government to make rules.

CLAIMS TRIBUNALS

Section 165.Claims Tribunals.
Section 166.Application for compensation.
Section 167.Option regarding claims for compensation in certain cases.
Section 168.Award of the Claims Tribunal.
Section 169.Procedure and powers of Claims Tribunals.
Section 170.Impleading insurer in certain cases.
Section 171.Award of interest where any claim is allowed.
Section 172.Award of compensatory costs in certain cases.
Section 173.Appeals.
Section 174.Recovery of money from insurer as arrear of land revenue.
Section 175.Bar on jurisdiction of Civil Courts.
Section 176.Power of State Government to make rules.
Section 177.General provision for punishment of offences.
Section 177A.Penalty for contravention of regulations under section 118.

OFFENCES, PENALTIES AND PROCEDURE

Section 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.
Section 179.Disobedience of orders, obstruction and refusal of information.
Section 180.Allowing unauthorised persons to drive vehicles.
Section 181.Driving vehicles in contravention of section 3 or section 4.
Section 182.Offences relating to licences.
Section 182A.Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components.
Section 182B.Punishment for contravention of section 62A.
Section 183.Driving at excessive speed, etc.
Section 184.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.
Section 187.Punishment for offences relating to accident.
Section 188.Punishment for abetment of certain offences.
Section 189.Racing and trials of speed.
Section 190.Using vehicle in unsafe condition.
Section 191.[Omitted].
Section 192.Using vehicle without registration.
Section 192A.Using vehicle without permit.
Section 192B.Offences relating to registration.
Section 193.Punishment of agents, canvassers and aggregators without proper authority.
Section 194.Driving vehicle exceeding permissible weight.
Section 194A.Carriage of excess passengers.
Section 194B.Use of safety belts and the seating of children.
Section 194C.Penalty for violation of safety measures for motor cycle drivers and pillion riders.
Section 194D.Penalty for not wearing protective headgear.
Section 194E.Failure to allow free passage to emergency vehicles.
Section 194F.Use of horns and silence zones.
Section 195.[Omitted].
Section 196.Driving uninsured vehicle.
Section 197.Taking vehicle without authority.
Section 198.Unauthorised interference with vehicle.
Section 198A.Failure to comply with standards for road design, construction and maintenance.
Section 199.Offences by companies.
Section 199A.Offences by juveniles.
Section 199B.Revision of fines.
Section 200.Composition of certain offences.
Section 201.Penalty for causing obstruction to free flow of traffic.
Section 202.Power to arrest without warrant.
Section 203.Breath tests.
Section 204.Laboratory test.
Section 205.Presumption of unfitness to drive.
Section 206.Power of police officer to impound document.
Section 207.Power to detain vehicles used without certificate of registration permit, etc.
Section 208.Summary disposal of cases.
Section 209.Restriction on conviction.
Section 210.Courts to send intimation about conviction.
Section 210A.Power of State Government to increase penalties.
Section 210B.Penalty for offence committed by an enforcing authority.
Section 210C.Power of Central Government to make rules.
Section 210D.Power of State Government to make rules.

MISCELLANEOUS

Section 211.Power to levy fee.
Section 211A.Use of electronic forms and documents.
Section 212.Publication, commencement and laying of rules and notifications.
Section 213.Appointment of motor vehicles officers.
Section 214.Effect of appeal and revision on orders passed by original authority.
Section 215.Road Safety Councils and Committees.
Section 215A.Power of Central Government and State Government to delegate.
Section 215B.National Road Safety Board.
Section 215C.Power of Central Government to make rules.
Section 215D.Power of State Government to make rules.
Section 216.Power to remove difficulties.
Section 217.Repeal and savings.
Section 217A.Renewal of permits, driving licences and registration granted under the Motor Vehicles Act,.