Motor Vehicles Act 1988 Section 2

8/9/2019 Motor Vehicles Act 1988 Section 2

1/64

Motor Vehicles Act 1988 Section2

Criminal LawSample Questions

Criminal LawJudgement CDs& Other Indian

Law CDs

Section 2

2. Definitions.In this Act, unless the context

otherwise requires,-

(1) "area", in relation to anyprovision of this Act, means sucharea as the State Government may,
http://www.vakilno1.com/criminal_qns.htmlhttp://www.vakilno1.com/criminal_qns.htmlhttp://www.indianlawcds.com/http://www.indianlawcds.com/http://www.indianlawcds.com/http://www.indianlawcds.com/http://www.indianlawcds.com/http://www.indianlawcds.com/http://www.indianlawcds.com/http://www.vakilno1.com/criminal_qns.htmlhttp://www.vakilno1.com/criminal_qns.html


2/64

having regard to the requirementsof that provision, specify by

notification in the Official Gazette;

(2) "articulated vehicle" means amotor vehicle to which a semi-

trailer is attached;

(3) "axle weight" means in relationto an axle of a vehicle the total

weight transmitted by the severalwheels attached to that axle to the

surface on which the vehicle rests;

(4) "certificate of registration"means the certificate issued by acompetent authority to the effect

that a motor vehicle has been dulyregistered in accordance with the

provisions of Chapter IV;


3/64

(5) "conductor" in relation to a

stage carriage, means a personengaged in collecting fares from

passengers, regulating theirentrance into, or exit from, the

stage carriage and performing such

other functions as may beprescribed;

(6) "conductor's licence" meansthe licence issued by a competent

authority under Chapter IIIauthorising the person specified

therein to act as a conductor;

(7) "contract carriage" means a

motor vehicle which carries apassenger or passengers for hire or

reward and is engaged under a


4/64

contract, whether expressed orimplied, for the use of such vehicle

as a whole for the carriage ofpassengers mentioned therein and

entered into by a person with aholder of a permit in relation to

such vehicle or any person

authorised by him in this behalf ona fixed or an agreed rate or sum-

(a) on a time basis, whether or notwith reference to any route or

distance; or

(b) from one point to another,

and in either case, without

stopping to pick up or set downpassengers not included in thecontract anywhere during the

journey, and includes-


5/64

(i) a maxicab; and

(ii) a motorcar notwithstanding theseparate fares are charged for its

passengers;

(8) "dealer" includes a person whois engaged-

1[***]

(b) in building bodies for

attachment to chassis; or

(c) in the repair of motor vehicles;or

(d) in the business ofhypothecation, leasing or hire-

purchase of motor vehicle;


6/64

(9) "driver" includes, in relation toa motor vehicle which is drawn by

another motor vehicle, the personwho acts as a steersman of the

drawn vehicle;

(10) "driving licence" means the

licence issued by a competentauthority under Chapter II

authorising the person specifiedtherein to drive, otherwise than as

a learner, a motor vehicle or a

motor vehicle of any specifiedclass or description;

(11) "educational institution bus"means an omnibus, which is

owned by a college, school orother educational institution and

used solely for the purpose of


7/64

transporting students or staff of theeducational institution in

connection with any of itsactivities;

(12) "fares" includes sums payablefor a season ticket or in respect of

the hire of a contract carriage;

(13) "goods" includes livestock,and anything (other than

equipment ordinarily used with the

vehicle) carried by a vehicleexcept living persons, but does notinclude luggage or personal effectscarried in a motor car or in a trailer

attached to a motor car or the

personal luggage of passengerstravelling in the vehicle;


8/64

(14) "goods carriage" means anymotor vehicle constructed or

adapted for use solely for thecarriage of goods, or any motor

vehicle not so constructed oradapted when used for the carriage

of goods;

(15) "gross vehicle weight" meansin respect of any vehicle the total

weight of the vehicle and loadcertified and registered by the

registering authority as permissiblefor that vehicle;

(16) "heavy goods vehicle" meansany goods carriage the gross

vehicle weight of which, or atractor or a road-roller the unladenweight of either of which, exceeds


9/64

12,000 kilograms;

(17) "heavy passenger motorvehicle" means any public servicevehicle or private service vehicleor educational institution bus or

omnibus the gross vehicle weight

of any of which, or a motor car theunladen weight of which, exceeds

12,000 kilograms;

(18) "invalid carriage" means a

motor vehicle specially designedand constructed, and not merelyadapted, for the use of a personsuffering from some physicaldefect or disability, and used

solely by or for such a person;

(19) "learner's licence" means the


10/64

licence issued by a competentauthority under Chapter II

authorising the person specifiedtherein to drive as a learner, a

motor vehicle or a motor vehicleof any specified class or

description;

(20) "licensing authority" meansan authority empowered to issue

licences under Chapter II or, as thecase may be, Chapter III;

(21) "light motor vehicle" means atransport vehicle or omnibus thegross vehicle weight of either ofwhich or a motor car or tractor or

road-roller the unladen weight ofany of which, does not exceed

2[7500] kilograms;


11/64

3[(21A) "manufacturer" means a

person who is engaged in themanufacture of motor vehicles;]

(22) "maxicab" means any motorvehicle constructed or adapted to

carry more than six passengers,but not more than twelve

passengers, excluding the driver,for hire or reward;

(23) "medium goods vehicle"means any goods carriage otherthan a light motor vehicle or a

heavy goods vehicle;

(24) "medium passenger motorvehicle" means any public servicevehicle or private service vehicle,


12/64

or educational institution bus otherthan a motor cycle, invalid

carriage, light motor vehicle orheavy passenger motor vehicle;

(25) "motorcab" means any motorvehicle constructed or adapted to

carry not more than six passengersexcluding the driver for hire or

reward;

(26) "motor car" means any motor

vehicle other than a transportvehicle, omnibus, road-roller,tractor, motor cycle or invalid

carriage;

(27) "motor cycle" means a two-wheeled motor vehicle, inclusiveof any detachable side-car having


13/64

an extra wheel, attached to themotor vehicle;

(28) "motor vehicle" or "vehicle"means any mechanically propelledvehicle adapted for use upon roadswhether the power of propulsion is

transmitted thereto from anexternal or internal source and

includes a chassis to which a bodyhas not been attached and a trailer;

but does not include a vehicle

running upon fixed rails or avehicle of a special type adaptedfor use only in a factory or in any

other enclosed premises or avehicle having less than four

wheels fitted with engine capacityof not exceeding 4[twenty-five

cubic centimetres];


14/64

(29) "omnibus" means any motor

vehicle constructed or adapted tocarry more than six persons

excluding the driver;

(30) "owner" means a person in

whose name a motor vehiclestands registered, and where such

person is a minor, the guardian ofsuch minor, and in relation to a

motor vehicle which is the subject

of a hire-purchase, agreement, oran agreement of lease or an

agreement of hypothecation, theperson in possession of the vehicle

under that agreement;

(31) "permit" means a permitissued by a State or Regional


15/64

Transport Authority or anauthority prescribed in this behalf

under this Act authorising the useof a motor vehicle as a transport

vehicle;

(32) "prescribed" means

prescribed by rules made underthis Act;

(33) "private service vehicle"means a motor vehicle constructed

or adapted to carry more than sixpersons excluding the driver andordinarily used by or on behalf ofthe owner of such vehicle for the

purpose of carrying persons for, or

in connection with, his trade orbusiness otherwise than for hire or

reward but does not include a


16/64

motor vehicle used for publicpurposes;

(34) "public place" means a road,street, way or other place, whethera thoroughfare or not, to which thepublic have a right of access, and

includes any place or stand atwhich passengers are picked up or

set down by a stage carriage;

(35) "public service vehicle"

means any motor vehicle used oradapted to be used for the carriageof passengers for hire or reward,

and includes a maxicab, amotorcab, contract carriage, and

stage carriage;

(36) "registered axle weight"


17/64

means in respect of the axle of anyvehicle, the axle weight certified

and registered by the registeringauthority as permissible for that

axle;

(37) "registering authority" means

an authority empowered to registermotor vehicles under Chapter IV;

(38) "route" means a line of travelwhich specifies the highway which

may be traversed by a motorvehicle between one terminus and

another;

5[(39) "semi-trailer" means a

vehicle not mechanically propelled(other than a trailer), which isintended to be connected to a


18/64

motor vehicle and which is soconstructed that a portion of it is

super-imposed on, ; and a part ofwhose weight is borne by, that

motor vehicle;] ;

(40) "stage carriage" means a

motor vehicle constructed oradapted to carry more than six

passengers excluding the driver forhire or j reward at separate fares

paid by or for individual

passengers, either for the wholejourney or for stages of the

journey;

(41) "State Government" in

relation to a Union territory meansthe Administrator thereof

appointed under article 239 of the


19/64

Constitution;

(42) "State transport undertaking"means any undertaking providingroad transport service, where such

undertaking is carried on by,-

(i) the Central Government or aState Government;

(ii) any Road TransportCorporation established under

section 3 of the Road TransportCorporations Act, 1950 (64 of

1950);

(iii) any municipality or any

corporation or company owned orcontrolled by the CentralGovernment or one or more StateGovernments, or by the Central


20/64

Government and one or more StateGovernments.

6[(iv) Zila Parishad or any othersimilar local authority.]

Explanation.-For the purposes ofthis clause, "road transport

service" means a service of motorvehicles carrying passengers or

goods or both by road for hire orreward;

(43) "tourist vehicle" means acontract carriage, constructed or

adapted and equipped andmaintained in accordance with

such specifications as may beprescribed in this behalf;

(44) "tractor" means a motor


21/64

vehicle which is not itselfconstructed to ; carry any load

(other than equipment used for thepurpose of propulsion); but

excludes a road-roller;

(45) "traffic signs" includes all

signals, warning sign posts,direction posts, markings on the

road or other devices for theinformation, guidance or direction

of drivers of motor vehicles;

(46) "trailer" means any vehicle,other than a semi-trailer and a

side-car, drawn or intended to bedrawn by a motor vehicle;

(47) "transport vehicle" means apublic service vehicle, a goods


22/64

carriage, an educational institutionbus or a private service vehicle;

(48) "unladen weight" means theweight of a vehicle or trailer

including all equipment ordinarilyused with the vehicle or trailer

when working, but excluding theweight of a driver or attendant;and where alternative parts or

bodies are used the unladen weightof the vehicle means the weight of

the vehicle with the heaviest suchalternative part or body;

(49) "weight" means the totalweight transmitted for the time

being by the wheels of a vehicle tothe surface on which the vehicle

rests. ;


23/64

1. Sub-clause (a) omitted by Act

54 of 1994, sec. 2 (w.e.f. 14-11-1994).

2. Subs, by Act 54 of 1994, sec. 2,for "6000" (w.e.f. 14-11-1994).

3. Ins. by Act 54 of 1994, sec. 2(w.e.f. 14-11-1994).

4. Subs, by Act 54 of 1994, sec. 2,

for "thirty-five cubiccentimetres" (w.e.f. 14-11-1994).

5. Subs, by Act 54 of 1994, sec. 2,for clause (39) (w.e.f. 14-11-

1994).

6. Ins. by Act 54 of 1994, sec. 2


24/64

(w.e.f. 14-11-1994).

Motor Vehicles Act 1988 | OtherIndian Laws

Top of Form

w w .vakilno1.c Google Search

Web www.vakilno1.comub-7628065777 1 0431298077 ISO-8859-1 ISO-8859-1 active

002 P6d0wYmmQMW GALT:#008000;G en

Bottom of Form

Legal Drafts & Forms | Laws inIndia-Bare Acts | Legal News |

NRI Section | How to |Legal Links
http://www.vakilno1.com/bareacts/MotorVehiclesAct/Motor-Vehicles-Act.htmhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/legalforms.htmlhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/news.htmlhttp://www.vakilno1.com/nricontents.htmhttp://www.vakilno1.com/howto.htmlhttp://www.vakilno1.com/links.htmlhttp://www.vakilno1.com/bareacts/MotorVehiclesAct/Motor-Vehicles-Act.htmhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/legalforms.htmlhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/bareacts.htmhttp://www.vakilno1.com/news.htmlhttp://www.vakilno1.com/nricontents.htmhttp://www.vakilno1.com/howto.htmlhttp://www.vakilno1.com/links.html


25/64

| Law Colleges | On the Lighterside | Sample Questions (Legal

FAQ) | Get Legal Opinion |Feedback | Terms of use |

Disclaimer| Home

Copyright Vakilno1.com 2000 All

rights reserved

20. Power of Court to disqualify.(1) Where a person is convicted of an

offence under this Act or of an offence in

the commission of which a motor vehiclewas used, the court by which such personis convicted may, subject to the

provisions of this Act, in addition toimposing any other punishment

authorised by law, declare the person soconvicted to be disqualified, for suchperiod as the Court may specify, fromholding any driving licence to drive all
http://www.vakilno1.com/lawcoll.htmlhttp://www.vakilno1.com/lawjokecontent.htmlhttp://www.vakilno1.com/lawjokecontent.htmlhttp://www.vakilno1.com/examples.htmlhttp://www.vakilno1.com/examples.htmlhttp://www.vakilno1.com/opinion.htmlhttp://www.vakilno1.com/feedback.htmlhttp://www.vakilno1.com/terms.htmlhttp://www.vakilno1.com/terms.htmlhttp://www.vakilno1.com/index.htmlhttp://www.vakilno1.com/index.htmlhttp://www.statcounter.com/http://www.vakilno1.com/bareacts/MotorVehiclesAct/S2.htm#tophttp://www.vakilno1.com/lawcoll.htmlhttp://www.vakilno1.com/lawjokecontent.htmlhttp://www.vakilno1.com/lawjokecontent.htmlhttp://www.vakilno1.com/examples.htmlhttp://www.vakilno1.com/examples.htmlhttp://www.vakilno1.com/opinion.htmlhttp://www.vakilno1.com/feedback.htmlhttp://www.vakilno1.com/terms.htmlhttp://www.vakilno1.com/terms.htmlhttp://www.vakilno1.com/index.htmlhttp://www.vakilno1.com/index.html


26/64

classes to description of vehicles, or anyparticular class or description of such

vehicles, as are specified in such licence:

Provided that in respect of an offencepunishable under section 183 no such

order shall be made for the first or

second offence.

(2) Where a person is convicted of anoffence under clause (c) of sub-section

(1) of section 132, section 134 or section

185, the Court convicting any person ofany such offence shall order the

disqualification under sub-section (1),and if the offence is relatable to clause(c) of sub-section (1) of section 132 or

section 134, such disqualification shallbe for a period of not less than one

month, and if the offence is relatable to


27/64

section 185, such disqualification shallbe for a period of not less than six

months.

(3) A Court shall, unless for specialreasons to be recorded in writing it thinks

fit to order otherwise, order the

disqualification of a person-

(a) who having been convicted of anoffence punishable under section 184 is

again convicted of an offence punishableunder that section,

(b) who is convicted of an offencepunishable under section 189, or

(c) who is convicted of an offencepunishable under section 192:

Provided that the period ofdisqualification shall not exceed, in the


28/64

case referred to in clause (a), five years,or in the case referred to in clause (b),

two years or, in the case referred to inclause (c), one year.

(4) A Court ordering the disqualificationof a person convicted of an offence

punishable under section 184 may directthat such person shall, whether he has

previously passed the test of competenceto drive as referred to in sub-section (3)of section 9 or not, remain disqualified

until he has subsequent to the making ofthe order of disqualification passed thattest to the satisfaction of the licensing

authority.

(5) The court to which an appeal wouldordinarily lie from any conviction of anoffence of the nature specified in sub-


29/64

section (1) may set aside or vary anyorder of disqualification made under that

sub-section notwithstanding that noappeal would lie against the conviction

as a result of which such order ofdisqualification was made.

1. Suspension of driving licence in

certain cases.(1) Where, in relation to a person whohad been previously convicted of an

offence punishable under section 184, acase is registered by a police officer onthe allegation that such person has, by

such dangerous driving as is referred toin the said section 184, of any class or

description of motor vehicle caused thedeath of, or grievous hurt to, one or morepersons, the driving licence held by suchperson shall in relation to such class or


30/64

description of motor vehicle becomesuspended-

(a) for a period of six months from thedate on which the case is registered, or

(b) if such person is discharged oracquitted before the expiry of the period

aforesaid, until such discharge oracquittal, as the case may be.

(2) Where by virtue of the provisions ofsub-section (1), the driving licence held

by a person becomes suspended, thepolice officer, by whom the case referred

to in sub-section (1) is registered, shallbring such suspension to the notice of the

Court competent to take cognizance of

such offence, and thereupon, such Courtshall take possession of the driving

licence, endorse the suspension thereonand intimate the fact of such


31/64

endorsement to the licensing authority bywhich the licence was granted or last

renewed.

(3) Where the person referred to in sub-section (1) is acquitted or discharged, the

Court shall cancel the endorsement on

such driving licence with regard to thesuspension thereof.

(4) If a driving licence in relation to aparticular class or description of motor

vehicles is suspended under sub-section(1), the person holding such licence shallbe debarred from holding or obtainingany licence to drive such particular classor description of motor vehicles so long

as the suspension of the driving licenceremains in force.


32/64

22. Suspension or cancellation ofdriving licence on conviction.

(1) Without prejudice to the provisions ofsub-section (3) of section 20 where a

person, referred to in sub-section (1) ofsection 21, is convicted of an offence ofcausing, by such dangerous driving as is

referred to in section 184 of any class ordescription of motor vehicle the death of,or grievous hurt to, one or more persons,the Court by which such person isconvicted may cancel, or suspend for

such period as it may think fit, thedriving licence held by such person in sofar as it relates to that class or descriptionof motor vehicle.

(2) Without prejudice to the provisions ofsub-section (2) of section 20, if a person,having been previously convicted of an


33/64

offence punishable under section 185 isagain convicted of an offence punishable

under that section, the Court, makingsuch subsequent conviction, shall, byorder, cancel the driving licence held bysuch person.

(3) If a driving licence is cancelled orsuspended under this section, the courtshall take the driving licence in itscustody, endorse the cancellation or, asthe case may be, suspension, thereon and

send the driving licence so endorsed tothe authority by which the licence wasissued or last renewed and such authorityshall, on receipt of the licence, keep thelicence in its safe custody, and in the case

of a suspended licence, return the licenceto the holder thereof after the expiry ofthe period of suspension on an


34/64

application made by him for such return:

Provided that no such licence shall bereturned unless the holder thereof has,after the expiry of the period ofsuspension, undergone and passed, to thesatisfaction of the licensing authority by

which the licence was issued or lastrenewed, a fresh test of competence todrive referred to in sub-section (3) ofsection 9 and produced a medicalcertificate in the same form and in the

same manner as is referred to in sub-section (3) of section 8.

(4) If a licence to drive a particular classor description of motor vehicles is

cancelled or suspended under thissection, the person holding such a licenceshall be debarred from holding, or


35/64


36/64

the conviction as a result of which suchorder is made, unless the appellate Court

so directs.

(3) Any person in respect of whom anydisqualification order has been made mayat any time after the expiry of six months

from the date of the order apply to theCourt or other authority by which the

order was made, to remove thedisqualification; and the Court or

authority, as the case may be, may,

having regard to all the circumstances,either cancel or vary the disqualification

order:

Provided that where the Court or other

authority refuses to cancel or vary anydisqualification order under this section,a second application thereunder shall not


37/64

be entertained before the expiry of aperiod of three months from the date of

such refusal.19. Power of licensing authority todisqualify from holding a driving

licence or revoke such licence.(1) If a licensing authority is satisfied,

after giving the holder of a drivinglicence an opportunity of being heard,

that he-

(a) is a habitual criminal or habitual

drunkard; or

(b) is a habitual addict to any narcoticdrug or psychotropic substance withinthe meaning of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (61of 1985); or

(c) is using or has used a motor vehicle in


38/64

the commission of a cognizable offence;or

(d) has by his previous conduct as driverof a motor vehicle shown that his drivingis likely to be attended with danger to the

public; or

(e) has obtained any driving licence or alicence to drive a particular class or

description of motor vehicle by fraud ormisrepresentation; or

(f) has committed any such act which islikely to cause nuisance or danger to the

public, as may be prescribed by theCentral Government, having regard to

the objects of this Act; or

(g) has failed to submit to, or has not


39/64

passed, the tests referred to in the provisoto sub-section (3) of section 22; or

(h) being a person under the age ofeighteen years who has been granted a

learner's licence or a driving licence withthe consent in writing of the person

having the care of the holder of thelicence and has ceased to be in such care,

it may, for reasons to be recorded inwriting, make an order-

(i) disqualifying that person for aspecified period for holding 0n obtaining

any driving licence to drive all or anyclasses on descriptions of vehicles

specified in the licence; or

(ii) revoke any such licence.


40/64

(2) Where an order under sub-section (1)is made, the holder of a driving licence

shall forthwith surrender his drivinglicence to the licensing authority makingthe order, if the driving licence has not

already been surrendered, and thelicensing authority shall,-

(a) if the driving licence is a drivinglicence issued under this Act, keep it

until the disqualification has expired orhas been removed; or

(b) if it is not a driving licence issuedunder this Act, endorse the

disqualification upon it and send it to thelicensing authority by which it was

issued; or

(c) in the case of revocation of anylicence, endorse the revocation upon it


41/64

and if it is not the authority which issuedthe same, intimate the fact of revocation

to the authority which issued that licence:Provided that where the driving licenceof a person authorises him to drive more

than one class or description of motorvehicles and the order, made under sub-

section (1), disqualifies him from drivingany specified class or description or

motor vehicles, the licensing authorityshall endorse the disqualification upon

the driving licence and return the same tothe holder.

(3) Any person aggrieved by an ordermade by a licensing authority under sub-section (1) may, within thirty days of the

receipt of the order, appeal to theprescribed authority, and such appellate

authority shall give notice to the


42/64


43/64


44/64

sentence shall endorse the fact of suchsentence upon the driving licence of the

person concerned and the prosecutingauthority shall intimate the fact of suchendorsement to the authority by whichthe driving licence was granted or last

renewed.

(5) When the driving licence is endorsedor caused to be endorsed by any Court,such Court shall send the particulars of

the endorsement to the licensing

authority by which the driving licencewas granted or last renewed.

(6) Where on an appeal against anyconviction or order of a Court, which has

been endorsed on a driving licence, theappellate court varies or sets aside theconviction or order, the appellate court


45/64

shall inform the licensing authority bywhich the driving licence was granted or

last renewed and such authority shallamend or cause to be amended the

endorsement.

35. Power of Court to disqualify.(1) Where any person holding a

conductor's licence is convicted of anoffence under this Act, the court bywhich such person is convicted may, inaddition to imposing any other

punishment authorised by law, declare

the person so convicted to be disqualifiedfor such period as the Court may specifyfor holding a conductor's licence.

(2) The Court to which an appeal lies

from any conviction of an offence underthis Act may set aside or vary any orderof disqualification made by the court


46/64

below, and the court to which appealsordinarily lie from such Court, may set

aside or vary any order ofdisqualification made by that Court,notwithstanding that no appeal liesagainst the conviction in connection withwhich such order was made.

36. Certain provisions of Chapter II toapply to conductor's licence.The provisions of sub-section (2) ofsection 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25

shall, so far as may be, apply in relationto a conductor's licence, as they apply inrelation to a driving licence.

48. No objection certificate.(1) The owner of a motor vehicle whenapplying for the assignment of a newregistration mark under sub-section (1) of


47/64

section 47, or where the transfer of amotor vehicle is to be effected in a State

other than the State of its registration, thetransferor of such vehicle wherereporting the transfer under sub-section(1) of section 50, shall make anapplication in such form and in such

manner as may be prescribed by theCentra Government to the registeringauthority by which the vehicle wasregistered for the issue of a certificate(hereafter in this section referred to as the

no objection certificate), to the effect thatthe registering authority has no objectionfor assigning a new registration mark tothe vehicle or, as the case may be, forentering the particulars of the transfer of

ownership in the certificate oregistration.


48/64

(2) The registering authority shall, onreceipt of an application under sub-

section (1), issue a receipt in such formas may be prescribed by the CentraGovernment.

(3) On receipt of an application under

sub-section (1), the registering authoritymay, after making such inquiry andrequiring the applicant to comply withsuch directions as it deems fit and withinthirty days of the receipt thereof by order

in writing, communicate to the applicantthat it has granted or refused to grant theno objection certificate:

Provided that a registering authority shall

not refuse to grant the no objectioncertificate unless it has recorded inwriting the reasons for doing so and a


49/64

copy of the same has been communicatedto the applicant.

(4) Where within a period of thirty daysreferred to in sub-section (3), theregistering authority does not refuse togrant the no objection certificate or does

not communicate the refusal to theapplicant, the registering authority shall

be deemed to have granted the noobjection certificate.

(5) Before granting of refusing to grantthe no objection certificate, theregistering authority shall obtain a reportin writing from the police that no caserelating to the theft of the motor vehicle

concerned has been reported or ispending, verify whether all the amountsdue to Government including road tax in


50/64

respect of that motor vehicle have beenpaid and take into account such other

factors as may be prescribed by theCentral Government.

1[(6) The owner of the vehicle shall alsoinform at the earliest, in writing, the

registering authority about the theft of hisvehicle together with the name of the

police station where the theft report waslodged, and the registering authority shalltake into account such report while

disposing of any application for noobjection certification, registration,transfer of ownership or issue ofduplicate registration certificate].

1. Ins. by Act 54 of 1994, sec. 13 (w.e.f.14-11-1994).119. Duty to obey traffic signs.


51/64

(1) Every driver of a motor vehicle shalldrive the vehicle in conformity with any

indication given by mandatory trafficsign and in conformity with the drivingregulations made by the CentralGovernment, and shall comply with alldirections given to him by any police

officer for the time being engaged in theregulation of traffic in any public place.

(2) In this section "mandatory trafficsign" means a traffic sign included in

Part A of1[The First Schedule], or anytraffic sign of similar form (that is to say,consisting of or including a circular discdisplaying a device, word or figure andhaving a red ground or border) placed or

erected for the purpose of regulatingmotor vehicle traffic under sub-section(1) of section 116.


52/64

1. Subs, by Act 54 of 1994, sec. 36, for

"the Schedule" (w.e.f. 14-11-1994).118. Driving regulations.The Central Government may, bynotification in the Official Gazette, makeregulations for the driving of motor

vehicles.134. Duty of driver in case of accidentand injury to a person.When any person is injured or any

property of a third party is damaged, as a

result of an accident in which a motorvehicle is involved, the driver of thevehicle or other person in charge of thevehicle shall-

(a) unless it is not practicable to do so onaccount of mob fury or any other reason

beyond his control, take all reasonablesteps to secure medical attention for the


53/64

injured person, 1[by conveying him to thenearest medical practitioner or hospital,

and it shall be the duty of everyregistered medical practitioner or thedoctor on the duty in the hospitalimmediately to attend to the injured

person and render medical aid or

treatment without waiting for anyprocedural formalities], unless theinjured person or his guardian, in case heis a minor, desires otherwise;

(b) give on demand by a police officerany information required by him, or, ifno police officer is present, report thecircumstances of the occurrence,including the circumstances, if any, for

not taking reasonable steps to securemedical attention as required underclause (a), at the nearest police station as


54/64

soon as possible, and in any case withintwenty-four hours of the occurrence;

2[(c) give the following information inwriting to the insurer, who has issued thecertificates of insurance, about theoccurrence of the accident, namely:-

(i) insurance policy number and period ofits validity;

(ii) date, time and place of accident;

(iii) particulars of the persons injured orkilled in the accident;

(iv) name of the driver and the particularsof his driving licence.

Explanation.-For the purposes of thissection the expression "driver" includesthe owner of the vehicle.]


55/64

1. Subs, by Act 54 of 1994, sec. 41, of

"and, if necessary, convey him to thenearest hospital"

2. Ins. by Act 54 of 1994, sec. 41 (w.e.f.14-11-1994).

133. Duty of owner of motor vehicle togive information.The owner of a motor vehicle, the driveror conductor of which is accused of anyoffence under this Act shall, on the

demand of any police officer authorisedin this behalf by the State Government,give all information regarding the nameand address of, and the licence held by,the driver or conductor which is in his

possession or could by reasonablediligence be ascertained by him.


56/64

135. Schemes to be framed for theinvestigation of accident cases and

wayside amenities, etc.(1) The State Government may, bynotification in the Official Gazette, makeone or more schemes to provide for-

(a) an in depth study on causes andanalysis of motor vehicle accidents;

(b) wayside amenities on highways;

(c) traffic aid posts on highways; and

(d) truck parking complexes alonghighways.

(2) Every scheme made under this

section by any State Government shall belaid, as soon as may be after it is made,

before the State Legislature.


57/64

136. Inspection of vehicle involved inaccident.

When any accident occurs in which amotor vehicle is involved, any personauthorised in this behalf by the StateGovernment may, on production if sorequired of his authority, inspect the

vehicle and for that purpose may enter atany reasonable time any premises wherethe vehicle may be, and may remove the

vehicle for examination:

Provided that the place to which thevehicle is so removed shall be intimated

to the owner of the vehicle and thevehicle shall be returned 1[after

completion of the formalities to the

owner, driver or the person in charge ofthe vehicle within twenty-four hours].


58/64

1. Subs. by Act 54 of 1994, sec. 42, for"without unnecessary delay" (w.e.f.

14-11-1994).155. Effect of death on certain causes

of action.Notwithstanding anything contained insection 306 of the Indian Succession Act,

1925 (39 of 1925), the death of a personin whose favour a certificate of insurance

had been issued, if it occurs I after thehappening of an event which has givenrise to a claim under the provisions of

this Chapter, shall not be a bar to thesurvival of any cause of action arising

out of the said event against his estate oragainst the insurer.

183. Driving at excessive speed, etc.(1) Whoever drives a motor vehicle in

contravention of the speed limits referred


59/64

to in section 112 shall be punishable withfine which may extend to four hundred

rupees, or, if having been previouslyconvicted of an offence under this sub-section is again convicted of an offenceunder this sub-section, with fine which

may extend to one thousand rupees.

(2) Whoever causes any person who isemployed by him or is subject to hiscontrol in driving to drive a motor

vehicle in contravention of the speed

limits referred to in section 112 shall bepunishable with fine which may extend

to three hundred rupees, or, if havingbeen previously convicted of an offenceunder this sub-section, is again convicted

of an offence under this sub-section, withfine which may extend to five hundred

rupees.


60/64

(3) No person shall be convicted of an

offence punishable under sub-section (1)solely on the evidence of one witness to

the effect that in the opinion of thewitness such person was driving at a

speed which was unlawful, unless that

opinion is shown to be based on anestimate obtained by the use of some

mechanical device.

(4) The publication of a time table under

which or the giving of any direction thatany journey or part of a journey is to becompleted within a specified time shall,

if in the opinion of the Court it is notpracticable in the circumstances of the

case for that journey or part of a journeyto be completed in the specified timewithout contravening the speed limits


61/64

referred to in section 112 be prima fadeevidence that the person who published

the time table or gave the direction hascommitted an offence punishable under

sub-section (2).

184. Driving dangerously.

Whoever drives a motor vehicle at aspeed or in a manner which is dangerousto the public, having regard to all thecircumstances of the case including thenature, condition and use of the placewhere the vehicle is driven and theamount of traffic which actually is at thetime or which might reasonably beexpected to be in the place, shall be

punishable for the first offence withimprisonment for a term which mayextend to six months or with fine whichmay extend to one thousand rupees, and


62/64

for any second or subsequent offence ifcommitted within three years of the

commission of a previous similar offencewith imprisonment for a term which mayextend to two years, or with fine whichmay extend to two thousand rupees, orwith both.

187. Punishment for offences relatingto accident.Whoever fails to comply with the

provisions of clause (c) of sub-section (1)of section 132 or of section 133 or

section 134 shall be punishable withimprisonment for a term which mayextend to three months, or with finewhich may extend to five hundredrupees, or with both or, if having been

previously convicted of an offence underthis section, he is again convicted of anoffence under this section, with


63/64

imprisonment for a term which mayextend to six months, or with fine which

may extend to one thousand rupees, orwith both.188. Punishment for abetment ofcertain offences.Whoever abets the commission of an

offence under section 184 or section 185or section 186 shall be punishable withthe punishment provided for the offence.187. Punishment for offences relatingto accident.

Whoever fails to comply with theprovisions of clause (c) of sub-section (1)of section 132 or of section 133 orsection 134 shall be punishable withimprisonment for a term which may

extend to three months, or with finewhich may extend to five hundredrupees, or with both or, if having been


64/64

previously convicted of an offence underthis section, he is again convicted of an

offence under this section, withimprisonment for a term which mayextend to six months, or with fine whichmay extend to one thousand rupees, orwith both.

188. Punishment for abetment ofcertain offences.Whoever abets the commission of anoffence under section 184 or section 185or section 186 shall be punishable with

the punishment provided for the offence.

Documents

Motor Vehicles Act 1988 Section 2