An Introduction to Motor Vehicles Act, 1988

THE MOTOR VEHICLES ACT, 1988

(Act No. 59 OF 1988)

LECTURE TO TATA MOTORS TRAINEES

BYMAJ. GEN. NILENDRA KUMAR

DIRECTORAMITY LAW SCHOOL, NOIDA

ON 25TH JANUARY,2012

Session on law governing motor vehicles

LAW

It is a command enforced by some

sanction. It is a rule of action to which

men are obliged to make their conduct

conformable.

All laws in the country, whether of the

Union or of the States, have to conform to

the constitutional scheme.

CONSTITUTION

is a basic law defining and delimiting the

principle organs of Government and their

jurisdiction as well as the basic rights of

men and citizen.

The Constitution of India contains twelve schedules

Seventh schedule of the Constitution

enumerates the subject matter of laws

and thus demarcates the division of

responsibility between the Union and the

States.

Seventh schedule has three lists each of which

has a number of entries.

Entry 23 of List A to the Seventh Schedule

The subject of motor vehicles is dealt by the

Central Government.

The Government of India has a specific

Ministry concerned with the Motor

Vehicle Laws in India.

Ministry of Road Transport & Highways

The Ministry has two separate wings

1. Roads Wing

2. Transport Wing

Roads Wing deals with development

and maintenance of National Highway

in the country.

Transport Wing deals with matters

relating to road transport including

motor vehicle legislation.

There are a number of legislations in India

that deal with different aspects of motor

vehicles.

These are a the statutes that deal with motor transport.

MOTOR VEHICLE LAWS IN INDIA

1. The Carriage by Road Act, 20072. The Motor Vehicles Act, 19883. The National Highways Act, 19564. The National Highways Authority of

India Act, 19885. The Control of National Highways (Land

and Traffic) Act, 2002.6. The Multimodal Transportation of

Goods Act, 1993.

7. The Motor Transport Workers Act, 1961

8. The Public Liability Insurance Act, 1961

9. The Road Transport Corporations Act,

1950

10.The Fatal Accidents Act, 1855

The Motor Vehicles Act 1988

Act No. 59 of 1988

SIGNIFICANCE

The Act has taken into account changes

in the road transport technology, pattern

of passenger and freight movements,

developments in the road network in the

country and particularly techniques in the

motor vehicles management.

RELEVANCE OF MV ACT TO THE TATA

MOTORS TRAINEES

The Act deals with

Construction equipment and maintenance Standards for components and parts Anti-pollution control devices Issue of testing fitness certificates Registration marks

MV ACT

1. Extends to whole of India

2. Came into force on 1 July 1989

3. No. of Chapters – 14

4. No. of Sections – 217

CHAPTERISATION

Number

1. Preliminary2. Licensing of drives of motor vehicles3. Licensing of conductors of stage carriages4. Registration of motor vehicles5. Control of transport vehicles6. Special provisions relating to State Transport

undertaking7. Construction, equipment and maintenance of

vehicles

8. Control of traffic

9. Motor vehicles temporarily leaving or

visiting India

10. Liability without fault in certain cases

11. Insurance of motor vehicles against third party risks

12. Claims Tribunals

13. Offences, penalties and procedure

14. Miscellaneous

Salient portions of the Act have been

discussed in this presentation.

PREAMBLE

An Act to consolidate and amend the

law relating to motor vehicles.

The Act categorizes motor vehicles

into different types.

Generally the categorization is based on

size, type and utility of such vehicles.

CARRIAGE

A carriage is a contrivance which is used

for carrying or transporting, especially

along or over a solid surface.

Carriage includes any carriage, wagon,

cart truck, vehicle or other means of

conveying goods, or passengers by

land.

A crane is a motor vehicle

The term automobile includes all vehicles

propelled by means other than muscular

power, except rail road, railway cars and

motor vehicles, running only on rails and

tracks, and road rollers.

The Act defines and enumerates various kind of

motor vehicles.

Section 2 of the Act contains the definition of

various words and terms.

DEFINITIONS

Section 2(8)

Dealer includes a person who is engaged

_____

b) in building bodies for attachment to chassis; or

c) in the repair of motor vehicles; or

d) in the business of hypothecation, leasing or hire purchase of motor vehicles

“Contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorized by him in this behalf on a fixed or an agreed rate or sum –

a) on a time basis, whether or not with reference to any route or distance; or

b) from one point to another,and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes –i) a maxicab; and

ii) a motor can notwithstanding that separate fares are charged for its passengers;

“Goods carriage” means any motor vehicle

constructed or adapted for use solely for the

carriage of goods, or any motor vehicle not

so constructed or adapted when used for the

carriage of goods.

“Heavy goods vehicle” means any goods

carriage the gross vehicle weight of which,

or a tractor or a road-roller the unladen

weight of either of which, exceeds 12,000

kilograms;

“Heavy passenger motor vehicle” means

any public service vehicle or private service

vehicle or educational institution bus or

omnibus the gross vehicle weight of any of

which, or a motor car the unladen weight of

which, exceeds 12,000 kilograms;

“Invalid carriage” means a motor vehicle

specially designed and constructed, and not

merely, adapted, for the use of a person

suffering from some physical defect or

disability, and used solely by or for such a

person;

“Light motor vehicle” means a transport

vehicle or omnibus the gross vehicle weight

of either of which or a motor car or tractor or

road-roller the unladen weight of any of

which, does not exceed 7,500 kilograms.

“Maxicab” means any motor vehicle

constructed or adapted to carry more than

six passengers , but not more than twelve

passengers, excluding the driver, for hire or

reward;

“Medium goods vehicle” means any goods

carriage other than a light motor vehicle or a

heavy goods vehicle;

Definitions Clause of Section 2

Certificate of registration 4

Goods 13

Manufactures 21A

Owner 30

TYPES OF VEHICLES

Words Defined Clause of Section 2

Contract carriage 7

Goods carriage 14

Heavy goods vehicle 16

Heavy passenger motor vehicle 17

Invalid carriage 18

Light motor vehicle 21

Maxicab 22

Medium goods vehicle 23

Medium passenger motor vehicle 24

Motor cab 25

Motor car 26

Motor cycle 27

Motor vehicle or vehicle 28

Omnibus 29

Private service vehicle 33

Public service vehicle 35

Semi trailer 39

Stage carriage 40

Tourist vehicle 43

Tractor 44

Trailer 46

Transport vehicle 47

Following excluded from the definition of

a motor car :- Transport vehicle- Omnibus- Road roller- Tractor- Motor cycle- Invalid carriage

To be noted

1. Driving license does not mean a learner’s license

2. A minor cannot be an owner (His guardian would be the owner)

Special provisions have been made regarding

Motor Vehicle subject to hire purchase

agreement etc. in Section 51

Alteration in Motor Vehicle is dealt under Section 52

Alteration means a change in the structure

of a vehicle which results in a change in its

basic features.

The Government has a duty to ensure that only

roadworthy vehicles come on road. In other

words, the vehicles that are fit to drive.

Certificate of fitness is covered under

Section 56

This provision has been added with a view

to prevent or reduce pollution and due to

environmental concerns.

But there exists a need to ensure transparency

and institute accountability.

In case of refusal, owner of the vehicle will

be supplied with reasons in writing for such

refusal.

Thus an appeal can be filed if refusal is felt

to be arbitrary or malafide or on any other

valid ground.

The Act has dealt with the matter of maximum

time for which a motor vehicle may be used.

Power to fix the age limit of Motor Vehicle is

under Section 59

Different ages may be specified for

different classes or different types of

motor vehicles.

CONSIDERATIONS

Having regard to

a) Public safety

b) Convenience

c) Objects of this Act

Thus fixation of age for different category

of vehicles can be lawful only on these

three grounds.

NOTE

The provisions of registration also apply to

trailer under Section 61(1)

Power to State Government to control road

transport is enshrined under Section 67.

Role of Automobile manufacturers and servicing

companies.

General provision regarding construction

and maintenance of vehicles is in

Section 109.

To operationalise the law, it may require framing

of elaborate rules.

Power of Central Government to make Rules

flows from Section 110

Power of State Government to make Rules

is under Section 111

Limits of speed

It prescribes the maximum speed at which each

class or type of motor vehicle can be driven

under Section 112.

Limits of weight and limitation on use is

under Section 113

Vehicles with left hand control are covered

under Section 121.

What happens if the laid down provisions are

disregarded?

OFFENCES

Different types of offences and penalties

have been enumerated in following

provisions of the MV Act.

Sections 3,4,5,6,23,36,39,47,52,66,

93,109,112,113,114,115,124,130,133,158,

178,179,189,197 and 198 etc.

Section 129 is with regard to wearing of

protective head gear.

Duty of the driver to take certain precautions

at unguarded railway level crossings is in

Section 131.

Section 134 is duty of driver in case of

accident and injury to a person.

Section 185 is with regard to driving by a

drunken person or by a person under the

influence of drugs.

SUMMARY

Due sensitization of the automobile

engineers and those connected with sale,

servicing and maintenance of vehicles to

the provisions of the MV Act, 1988 is a

functional necessity.

Thanks