Power of State Government to make rules.

§138

Summary

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. 1[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.] (2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads; (b) the installation and use of weighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and (j) any other matter which is to be, or may be, prescribed.

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. 1[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.] (2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads; (b) the installation and use of weighing devices; (c) the maintenance and management of wayside amenities complexes; (d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed; (e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use; (f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place; (g) prohibiting the taking hold of or mounting of a motor vehicle in motion; (h) prohibiting the use of foot-paths or pavements by motor vehicles; (i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and (j) any other matter which is to be, or may be, prescribed.

Footnotes

1. Ins. by s. 49, ibid. (w.e.f. 1-9-2019).

← Previous Section Next Section →

Explore this Chapter