The Motor Vehicles Act `1988

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

1988

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

LICENSING OF DRIVERS OF MOTOR VEHICLES

Necessity for driving licence

Age limit in connection with driving of motor vehicles

Responsibility of owners of motor vehicles for contravention of sections 3 and 4

Restrictions on the holding of driving licences

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

Grant of learner's licence

Grant of driving licence

Form and contents of licences to drive

Additions to driving licence

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

Extent of effectiveness of licences, to drive motor vehicles

Currency of licences to drive motor vehicles

Renewal of driving licences

Revocation of driving licence on grounds of disease or disability

Orders refusing or revoking driving licences and appeals therefrom

Driving Licences to drive motor vehicles, belonging to the Central Government

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

Power of Court to disqualify

Suspension of driving licence in certain cases

Suspension or cancellation of driving licence on conviction

Effect of disqualification order

Transfer of endorsement and issue of driving licence free from endorsement

Maintenance of State Registers of Driving Licences

Power of Central Government to make rules

Power of State Government to make rules

LICENSING OF CONDUCTORS OF STAGE CARRIAGES

Necessity for conductor's licence

Grant of conductor's licence

Disqualifications for the grant of conductor's licence

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

Orders refusing, etc, conductor's licences and appeals therefrom

Power of licensing authority to disqualify

Power of Court to disqualify

Certain provisions of Chapter II to apply to conductor's licence

Power of State Government to make rules

REGISTRATION OF MOTOR VEHICLES

Necessity for registration

Registration, where to be made

Registration, how to be made

Special provision for registration of motor vehicles of diplomatic officers, etc

Temporary registration

Production of vehicle at the time of registration

Refusal of registration or renewal of the certificate of registration

Effectiveness in India of registration

Assignment of new registration mark on removal to another State

No objection certificate

Change of residence or place of business

Transfer of ownership

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

Alteration in motor vehicle

Suspension of registration

Cancellation of registration suspended under section 53

Cancellation of registration

Certificate of fitness of transport vehicles

Special provisions in regard to transport vehicles

Power to fix the age limit of motor vehicle

Registration of vehicles belonging to the Central Government

Application of Chapter to trailers

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

Maintenance of State Registers of Motor Vehicles

Power of Central Government to make rules

Power of State Government to make rules

CONTROL OF TRANSPORT VEHICLES

Necessity for permits

Power to State Government to control road transport

Transport Authorities

General provision as to applications for permits

Application for stage carriage permit

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

Grant of stage carriage permits

Application for contract carriage permit

Grant of contract carriage permit

Scheme for renting of motor cabs

Application for private service vehicle permit

Application for goods carriage permit

Consideration of application for goods carriage permit

Grant of goods carriage permit

Procedure in applying for and granting permits

Duration and renewal of permits

Transfer of permit

Replacement of vehicles

General conditions attaching to all permits

General form of permits

Cancellation and suspension of permits

Temporary permits

Validation of permits for use outside region in which granted

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

Restriction of hours of work of drivers

Voidance of contracts restrictive of liability

Agent or canvasser or aggregator to obtain licence

Bar on jurisdiction of Civil Courts

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

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

SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS

Chapter to override Chapter V and other laws

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

Objection to the proposal

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

Cancellation or modification of scheme

Issue of permits to State transport undertakings

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

Principles and method of determining compensation and payment thereof

Disposal of article found in vehicles

Power of State Government to make rules

Certain powers of State Government exercisable by the Central Government

CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

General provision regarding construction and maintenance of vehicles

Power of Central Government to make rules

Power of State Government to make rules

CONTROL OF TRAFFIC

Limits of speed

Limits of weight and limitations on use

Power to have vehicle weighed

Power to restrict the use of vehicles

Power to erect traffic signs

Parking places and halting stations

Driving regulations

Duty to obey traffic signs

Vehicles with left hand control

Signals and signalling devices

Leaving vehicle in dangerous position

Riding on running board, etc

Prohibition against travelling without pass or ticket

Obstruction of driver

Stationary vehicles

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

Safety measures for drivers and pillion riders

Wearing of protective headgear

Duty to produce licence and certificate of registration

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

Duty of driver to stop in certain cases

Duty of owner of motor vehicle to give information

Duty of driver in case of accident and injury to a person

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

Inspection of vehicle involved in accident

Power of Central Government to make rules

Power of State Government to make rules

MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA

Power of Central Government to make rules

LIABILITY WITHOUT FAULT IN CERTAIN CASES

INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS

Necessity for insurance against third party risk

Requirements of policies and limits of liability

Validity of policies of insurance issued in reciprocating countries

Settlement by insurance company and procedure therefor

Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risk

Rights of third party against insurers on insolvency of insure

Duty to give information as to insurance

Settlement between insurers and insured persons

Saving in respect of sections 151, 152 and 153

Effect of death on certain causes of action

Effect of certificate of insurance

Transfer of certificate of insurance

Production of certain certificates, licence and permit in certain cases

Information to be given regarding accident

Duty to furnish particulars of vehicle involved in accident

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

Scheme for golden hour

Refund in certain cases of compensation paid under section 161

Payment of compensation in case of death or grevious hurt, etc

CLAIMS TRIBUNALS

Claims Tribunals

Application for compensation

Option regarding claims for compensation in certain cases

Award of the Claims Tribunal

Procedure and powers of Claims Tribunals

Impleading insurer in certain cases

Award of interest where any claim is allowed

Award of compensatory costs in certain cases

Recovery of money from insurer as arrear of land revenue

Bar on jurisdiction of Civil Courts

Power of State Government to make rules

OFFENCES, PENALTIES AND PROCEDURE

General provision for punishment of offences

Penalty for contravention of regulations under section 118

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

Disobedience of orders, obstruction and refusal of information

Allowing unauthorised persons to drive vehicles

Driving vehicles in contravention of section 3 or section 4

Offences relating to licences

Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components

Punishment for contravention of section 62A

Driving at excessive speed, etc

Driving dangerously

Driving by a drunken person or by a person under the influence of drugs

Driving when mentally or phycically unfit to drive

Punishment for offences relating to accident

Punishment for abetment of certain offences

Racing and trials of speed

Using vehicle in unsafe condition

Using vehicle without registration

Using vehicle without permit

Punishment of agents, canvassers and aggregators without proper authority

Driving vehicle exceeding permissible weight

Carriage of excess passengers

Use of safety belts and the seating of children

Penalty for violation of safety measures for motor cycle drivers and pillion riders

Penalty for not wearing protective headgea

Failure to allow free passage to emergency vehicles

Use of horns and silence zones

Driving uninsured vehicle

Taking vehicle without authority

Unauthorised interference with vehicle

Failure to comply with standards for road design, construction and maintenance

Offences by companies

Offences by juveniles

Revision of fines

Composition of certain offences

Penalty for causing obstruction to free flow of traffic

Power to arrest without warrant

Laboratory test

Presumption of unfitness to drive

Power of police officer to impound document

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

Summary disposal of cases

Restriction on conviction

Courts to send intimation about conviction

Power of State Government to increase penalties

Penalty for offence committed by an enforcing authorit

Power of Central Government to make rules

Power of State Government to make rules

MISCELLANEOUS

Power to levy fee

Publication, commencement and laying of rules and notifications

Appointment of motor vehicles officers

Effect of appeal and revision on orders passed by original authority

Road Safety Councils and Committees

Power of Central Government and State Government to delegate

National Road Safety Boar

Power of Central Government to make rules

Power of State Government to make rules

Power to remove difficulties

Repeal and savings

Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939