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The Motor Vehicles Act
`1988
An Act to consolidate and amend the law relating to motor vehicles.
List of Chapters & Sections
PRELIMINARY
LICENSING OF DRIVERS OF MOTOR VEHICLES
LICENSING OF CONDUCTORS OF STAGE CARRIAGES
REGISTRATION OF MOTOR VEHICLES
CONTROL OF TRANSPORT VEHICLES
SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS
CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
CONTROL OF TRAFFIC
MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
LIABILITY WITHOUT FAULT IN CERTAIN CASES
INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
CLAIMS TRIBUNALS
OFFENCES, PENALTIES AND PROCEDURE
MISCELLANEOUS
PRELIMINARY
1
Short title, extent and commencement
2
Definitions
2A
e-cart and e-rickshaw
2B
Promotion of innovatio
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
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
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
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
88A
Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods
89
Appeals
90
Revision
91
Restriction of hours of work of drivers
92
Voidance of contracts restrictive of liability
93
Agent or canvasser or aggregator 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
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
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
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
MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
139
Power of Central Government to make rules
LIABILITY WITHOUT FAULT IN CERTAIN CASES
140
Omitted
141
Omitted
142
Omitted
143
Omitted
144
Omitted
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
Settlement by insurance company and procedure therefor
150
Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risk
151
Rights of third party against insurers on insolvency of insure
152
Duty to give information as to insurance
153
Settlement between insurers and insured persons
154
Saving in respect of sections 151, 152 and 153
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
Information to be given regarding accident
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
Scheme for golden hour
163
Refund in certain cases of compensation paid under section 161
164
Payment of compensation in case of death or grevious hurt, etc
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
OFFENCES, PENALTIES AND PROCEDURE
177
General provision for punishment of offences
177A
Penalty for contravention of regulations under section 118
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, maintenance, sale and alteration of motor vehicles and components
182B
Punishment for contravention of section 62A
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 trials of speed
190
Using vehicle in unsafe condition
191
Omitted
192
Using vehicle without registration
192A
Using vehicle without permit
193
Punishment of agents, canvassers and aggregators without proper authority
194
Driving vehicle exceeding permissible weight
194A
Carriage of excess passengers
194B
Use of safety belts and the seating of children
194C
Penalty for violation of safety measures for motor cycle drivers and pillion riders
194D
Penalty for not wearing protective headgea
194E
Failure to allow free passage to emergency vehicles
194F
Use of horns and silence zones
195
Omitted
196
Driving uninsured vehicle
197
Taking vehicle without authority
198
Unauthorised interference with vehicle
198A
Failure to comply with standards for road design, construction and maintenance
199
Offences by companies
199A
Offences by juveniles
199B
Revision of fines
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
210A
Power of State Government to increase penalties
210B
Penalty for offence committed by an enforcing authorit
210C
Power of Central Government to make rules
210D
Power of State Government to make rules
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
215A
Power of Central Government and State Government to delegate
215B
National Road Safety Boar
215C
Power of Central Government to make rules
215D
Power of State Government to make rules
216
Power to remove difficulties
217
Repeal and savings
217A
Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939