LexThe Motor Vehicles Act, 1988.
Bihar · state statute
Open in Lexace · Ask the AI about this act1 THE MOTOR VEHICLES ACT, 1988 (59 OF 1988) (14 Oct. 1988) An Act to consolidate and amend the law relating to motor vehicles. Be it enacted by parliament in the Thirty-ninth Year of the Republic of India as follows : - Statement of objects and Reasons. - The motor vehicles Act, 1939 ( 4 of 1939), consolidates and ame nds the law relating to motor vehicles. This has been amended several times to keep it up to date. The need was, however, felt that this Act should, now inter alia, take into account also changes in the road transport technology, pattern of passenger and freight movements, developments, of the road network in th e country and particularly the improved techniques in the motor vehicles management. 2. Various Committees, like, Nation al Transport Policy Committee, National Police Commission , Road Safety Committee, Low Powered Two – Wheelers Committee, as also the Law Commission have gone into different aspects of road transport. They have recommended updating, simplification and rationalization of this law. Several Member s of Parliament have also urged for comprehensive review of the Motor Vehicles Act, 1939, to make it relevant to the modern – day requirements. 3. A Working Group was, therefore, constituted in January, 1984 to review all the provisions of the Motor Vehicles Act, 1939 and to submit draft proposals for a comprehensive legislation to replace the existing Act. This Working Group took into account the sugges tions and recommendations earlier made by various bodies and institutions like Central Institute of Road Transport (CIRT), Automotive Research Association of India (ARA I), and othe r transport organisations including, the manufacturers and the general public, Besides, obtaining comments of State Governments on the recommendations of the Working Group, these were discussed in a specially convened meeting of T r a n s p o r t M i n i s t e r s o f a l l S t a t e s a n d U n i o n t e r r i t o r i e s . S o m e o f t h e m o r e important modifications so suggested related for taking care of - 2 (a) the fast increasing n u m b e r o f b o t h c o m m e r c i a l v e h i c l e s a n d personal vehicles in the country ; (b) the need for encouraging adop tion of higher technology in automotive sector; (c) the greater flow of passenge r and freight with the least impediments so that islands of isolation are not created leadin g to regional or local imbalances; (d) concern for road safety standard s, and pollution-control measures, standards for transportation of hazardous and explosive materials; (e) simplification of proc edure and policy liberal ization’s for private sector operations in the road transport field ; and (f) need for effective ways of tracking down traffic offenders. 4. The Supreme Court in M. K. Kunhimohammed v. P. A. Ahmedkutty (1987) 4 S.C.C. 284, has ma de certain suggestions to raise the limit of compensation payable as a result of mo tor accidents in resp ect of death and permanent disablement in the event of th ere being no proof of fault on the part of the person involve d in the accident and also in hit and run motor accidents and to remove certain disparities in the liability of the insurer to pay compensation depending upon th e class or type of ve hicles involved in the accident. The above suggestions made by the Supreme Court have been incorporated in the Bill. 5. The proposed legislatio n has been prepared in the light of the above background. Some of the more important prov isions of the Bill provide for the following matters, namely :- (a) rationalization of certain definition s with additions of certain new definitions of new types of vehicles; (b) stricter procedures re lating to grant of dr iving licences and the period of validity thereof; (c) laying down of stan dards for the components and parts of motor vehicles; (d) standards for anti-pollution control devices; 3 (e) provision for issuing f itness certificates of ve hicles also by the authorised testing stations; (f) enabling provision for updating the system of registration marks; (g) liberalised schemes for grant of stage carriage permits on non- nationalised routes, all-India Tourist permits and also national permits for goods carriages; (h) administration of the Solatium Scheme by the General Insurance Corporation; (i) provision for enhanced compensati on in cases of “no fault liability” and in hit and run motor accidents; (j) provision for payment of compensa t i o n b y t h e i n s u r e r t o t h e extent of actual liability to the victims of motor accidents irrespective of the class of vehicles; (k) maintenance of State registers for driving licen ces and vehicle registration; (l) constitution of Road Safety Councils. 6. The Bill also seeks to provide for more deterrent punishment in the cases of certain offences. 7. The Notes on clause s explain the provisions of the Bill. Amendment Act 54 of 1994 - Stat ement of Objects and Reasons. - The Motor Vehicles Act, 1988 ( 59 of 1988) consolidated and rationalised various laws regulating road transport. The Act came into force with effect from 1 st July, 1989 replacing the Motor Vehicles Act, 1939. 2. After the coming into force of the Motor Vehicles Act, 1988, Government received a numb er of representations an d suggestions from the state govt. transport operators and members of public regarding the inconvenience faced by them because of the oper ation of some of the provi sions of the 1988 Act. A Review Committee was, th erefore, constituted by th e Government in March, 1990 to examine and review the 1988 Act. 3. The recommendations of the Revi ew Committee were forwarded to the State Governments for comments and they generally ag ree with these 4 recommendations. The Government also considered a large number of representations received, af ter finalisation of the Report of the Review Committee, from the transport operators and public for making amendments in t h e A c t . T h e d r a f t o f t h e p r o p o s a l s based on the recommendation of the Review Committee and representations from the public were placed before the Transport Development Counci l for seeking their view s in the matter. The important suggestions made by the Transport Development Council relate to, or are on account of, - (a) The introduction of newer type of vehicles and fast increasing number of both commercial and personal vehicles in the country. (b) Providing adequate compensati on to victims of road accidents without going into longdrawn procedure; (c) Protecting consumers’ interest in Transport Sector; (d) Concern for road safety stan dards, transport of hazardous chemicals and pollution control; (e) Delegation of greater powers to State Transport Authorities and rationalising the role of public authorities in certain matters; (f) The simplification of procedures and policy liberalisation in the field of Road Transport; (g) Enchancing penalties for traffic offenders. 4. Therefore, the proposed legislation has been prepared in the light of the above background. The Bill inter alia provides for – (a) modification and amplification of certain definitions of new type of vehicles ; (b) simplification of procedure for grant of driving licences; (c) putting restrictions on the alteration of vehicles; (d) certain exemptions for vehicl es running on non-polluting fuels; (e) ceilings on indivi duals or company holdings removed to curb “benami” holdings; 5 (f) states authorised to appoint o n e o r m o r e S t at e T r a n s p o r t Appellate Tribunals; (g) punitive checks on the use of such components that do not conform to the prescribed standards by manufactures, and al so stocking / sale by the traders; (h) increase in the amo unt of compensation of the victims of hit and run cases; (i) removal of time limit for fi lling of application by road accident victims for compensation; (j) punishment in case of cert ain offences is made stringent; (k) a new pre-determined formula for payment of compensation to road accident victims on the basis of age / income, which is more liberal and rational. 5. The Law Commission in its 119 th Report had recommended that every application for a claim be made to the Claims Tribunal having jurisdiction over the area in which th e accident occurred or to th e Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, at the option of the claima nt. The bill also ma kes necessary provision to give effect to the said recommendation. Amendment Act 27 of 2000 – Statement of Objects and Reasons. – The Motor Vehicles Act, 1988 consolidated an d rationalised various laws regulating road transport. The said Act was amended in 1994. 2. Further amendments in the afor esaid Act have become necessary so as to reduce the vehicular pollution and to ensure the safety of the road users. It is, therefore, proposed to prohibit alteration of vehicles in any manner including change of tyres of higher capacity. Howeve r, the alteration of vehicles with a view to facilitating the use of eco-friendly fuel including Liquefied Petroleum Gas (LPG) is being pe rmitted. Further, it is proposed to confer powers on the Cent ral Government to allow the alteration of vehicles for certain specified purposes. 6 3. At present, the educational institu tions are not required to obtain permits for the operation of buses owned by them. It is proposed to bring the buses run by thes e institutions within the purview of the aforesaid Act by requiring them to obtain permits. 4. It is also proposed to allow renewal of permits, driving licences and registration certificates granted under the Motor Vehicles Act, 1939 to be renewed under the Motor Vehicles Act, 1988, by inserting new section 217 – A. 5. The proposed amendments are essential in the overall interest of securing road safety and maintaining a clean environment. Amendment Act 39 of 2001 - Statement of Objects and Reasons. – The Motor Vehicles Act, 1988 (59 of 1988) is a Central legi slation through which the road transport is regulated in the countr y. By the Motor Vehicles (Amendment ) Act, 1994, inter alia, amendments were made for ma ke special provisions under sections 66 & 67 so as to provide that vehicles operating on eco–friendly fuels shall be exempted from the requirements of permits and also the owners of such vehicles shall have the discretion to fix fares and freights for carriage of passengers and goods. The intention in bringing the said amendments was to encourage the operation of vehicles with such eco-friendly fuels. 2. However, it has been observed th at during the last several years, not only the supply of eco-friendly fuels like CNG has increased tremendously, a large number of vehicles have come on the road wh ich in terms of sections 66 and 67, as amended by the Moto r Vehicles ( Amendment) Act, 1994, are operating without any requireme nt of permits and are, therefore, not subject to any control of the State Go vernments. The number of such vehicles is likely to further increase substantially. 3. The aforesaid situation is likely to lead to indiscipline on the road and consequent increase in the road accidents. It is, therefore, considered essential to remove exemption provided under sections 66 and 67 of the said Act to CNG operated vehicles so that vehicles which operate on eco-friendly fuels are also covered by the terms and conditions applicable to all other vehicles. 7 4. The proposed amendments are essential in the overall interest of securing road safety and maintaining a clean environment. 5. The Bill seeks to achieve the above object. CHAPTER - I PRELIMINARY 1. Short title, extent and commencement. – (1) This Act may be called The Motor Vehicles Act, 1988. (2) It extends to the whole of India. (3) It shall come into force on such date* as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different St ates and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. 2. Definitions. – In this Act, unless the context otherwise requires, - (1) “area”, in relation to any prov ision of this Ac t, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette; (2) “articulated vehicle” means a motor vehicle to which a semi-trailer is attached; Corresponding Law. – Section 2(2) corresponds to section 2(1-A) of the Motor Vehicles Act, 1939. (3) “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; Corresponding Law. – Section 2(3) corresponds to section 2(1-B) of the Motor Vehicles Act, 1939. (4) “certificate of registration” m eans the certificate issued by a competent authority to the e ffect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; Corresponding Law. – Section 2(4) corresponds to s e c t i o n 2 ( 2 ) o f t h e Motor Vehicles Act, 1939. * Brought into force on 1st July, 1989. 8 (5) “conductor”, in relation to a stage carriage, means a person engaged in collecting fares from passeng ers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; Corresponding Law. – Section 2(5) corresponds to section 2(2-B) of the Motor Vehicles Act, 1939. (6) “conductor’s licence” means th e licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; Corresponding Law. – Section 2(6) corresponds to section 2(2-C) of the Motor Vehicles Act, 1939. (7) “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 menti oned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised 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 pi ck up or set do wn passengers not included in the contract anywhere during the journey, and includes – (i) a maxicab; and (ii) a motorcab notwithstand ing that separate fares are charged for its passengers; Corresponding Law. – Section 2(7) corresponds to s e c t i o n 2 ( 3 ) o f t h e Motor Vehicles Act, 1939. (8) “dealer” includes a pe rson who is engaged – (a) 1[ * * * ] 1. Sub.-Cl. (a) omitted by Act 54 of 1994, S. 2 ( w.e.f. 14-11-1994 ). Prior to its omission, sub- Cl.(a) read as under :- “(a) in the manufacture of motor vehicles ; or”. 9 (b) in building bodies for attachment to chassis; (c) or in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-p urchase of motor vehicle; Corresponding Law. - Section 2(8) corresponds to section 2(4) of the Motor Vehicle Act, 1939. (9) “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; Corresponding Law. - Section 2(9) corresponds to section 2(5) of the Motor Vehicles Act, 1939. (10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the pe rson specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; Corresponding Law. - Section 2(10) corresponds to section 2(5-A) of the Motor Vehicles Act, 1939. (11) “educational institution bus” means an omnibus, which is owned by a college, school or other educational in stitution and used solely for the purpose of transporting students or staff of the educat ional institution in connection with any of its activities; Corresponding Law.- This is a new provision in the 1998 Act. (12) “fares” includes sums payable fo r a season ticket or in respect of the hire of a contract carriage; Corresponding Law. - Section 2 (12) corresponds to section 2 (6) of the Motor Vehicles Act, 1939. (13) “goods” includes livestock, and anything ( other than equipment ordinarily used with the vehicle ) carried by a vehicle except livi ng persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; 10 Corresponding Law.- Section 2 (13) corresponds to section 2 (7) of the Motor Vehicles Act, 1939. (14) “goods carriage” means any moto r 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; Corresponding Law.- Section 2 (14) corresponds to secti0n 2 (8) of the Motor Vehicles Act, 1939. (15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; Corresponding Law. - This is a new provision in the 1988 Act. (16) “heavy goods vehicle” me ans 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; Corresponding Law.- Section 2 (16) corresponds to section 2 (9) of the Motor Vehicles Act, 1939. (17) “heavy passenger motor ve hicle” means any public service vehicle or private service ve hicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a moto r car the unladen weight of which, exceeds 12,000 kilograms. Corresponding Law. - Section 2 (17) co rresponds to section 2 (9-A) of the Motor Vehicles Act, 1939. (18) “invalid carriage” means a mo tor 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; Corresponding Law.- Section 2 (18) corresponds to section 2 (10) of the Motor Vehicles Act, 1939. (19) “learner’s licence’ means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a 11 learner, a motor vehicle or a motor vehicle of any specified class or description; Corresponding Law. - This is a new provision in the 1988 Act. (20) “licensing authority” means an authority empowered to issue licence under Chapter II or, as the case may be, chapter III ; Corresponding Law. - Section 2 (20) corresponds to section 2 (12) of the Motor Vehicles Act, 1939. (21) “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 2[7500] kilograms ; Corresponding Law. - Section 2 (21) corresponds to section 2 (13) of the Motor Vehicles Act, 1939. 3[(21-A) “manufacturer” means a pe rson who is engaged in the manufacture of motor vehicles ;] Corresponding Law .- This is a new provision in the 1988 Act. (22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not mo re than twelve passengers, excluding the driver, for hire or reward ; Corresponding Law. - This is a new provision in the 1988 Act. (23) “medium goods vehicle” mean s any goods carriage other than a light motor vehicle or a heavy goods vehicle ; Corresponding Law. - Section 2 (23) corresponds to section 2 (14) of the Motor Vehicles Act, 1939. (24) “medium passenger motor ve hicle” means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle ; 2. Substituted for “6000” by Act 54 of 1994, S.2.(w.e.f. 14-11-1994). 3. Inserted, ibid (w.e.f. 14-11-1994). 12 Corresponding Law. - Section 2 (24) corresponds to section 2 (14-A) of the Motor Vehicles Act, 1939. 3. “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward ; Corresponding Law. - Section 2 (25) corresponds to section 2 (15) of the Motor Vehicles Act, 1939. (25) “motor car” means any moto r vehicle other th an a transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid carriage ; Corresponding Law. - Section 2 (26) corresponds to section 2 (16) of the Motor Vehicles Act, 1939. (26) “motor cycle” means a two-wh eeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; Corresponding Law. - Section 2 (27) corresponds to section 2 (17) of the Motor Vehicles Act, 1939. (28) “motor vehicle” or “vehicl e” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or in ternal source and includes a chassis to which a body has not been attached and a trailer ; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having le ss than four wheels fitted with engine capacity of not exceeding 4[twenty-five cubic centimeters] ; Corresponding Law. - Section 2 (28) corresponds to section 2 (18) of the Motor Vehicles Act, 1939. Tractor-trailer. - A Division Bench of the Pu njab and Haryana High Court in United India Insurance Company Ltd. v. Pr itpal Singh (1996-2) 113 Punj. L.R. 49 held that even though trailer may be drawn by a motor vehicl e if by if self is a motor vehicle and both the Tractor & Trailer take n together would constitute a transport vehicle. 4. Substituted for “thirty-five cubic centimetres” by Act 54 of 1994,S.2 (w.e.f.14-11-1994) 13 (29) “omnibus” means any motor ve hicle constructed or adapted to carry more than six persons excluding the driver ; Corresponding Law. - Section 2 (29) corresponds to section 2 (18-A) of the Motor Vehicles Act, 1939. (30) “owner” means a person in wh ose name a motor vehicle stands registered and where such person is a mi nor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hyp othecation, the person in possession of the vehicle under that agreement ; Corresponding Law.- Section 2 (30) corresponds to section 2 (19) of the Motor Vehicles Act, 1939. (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of motor vehicle as a transport vehicle ; Corresponding Law. - Section 2 (31) corresponds to section 2 (20) of the Motor Vehicles Act, 1939. (32) “prescribed” means prescribed by rules made under this Act; Corresponding Law. - Section 2 (32) corresponds to section 2 (21) of the Motor Vehicles Act, 1939. (33) “private service vehicle” mean s a motor vehicle constructed or adapted to carry more than six persons exclud ing the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwis e than for hire or reward but does not include a motor vehicle used for public purposes ; Corresponding Law. - Section 2 (33) corresponds to section 2 (22) of the Motor Vehicles Act, 1939. (34) “public place” means a road, str eet, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage ; 14 Corresponding Law. - Section 2 (34) corresponds to section 2 (24) of the Motor Vehicles Act, 1939. (35) “public service vehi cle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage ; Corresponding Law. - Section 2 (35) corresponds to section 2 (25) of the Motor Vehicles Act, 1939. (36) “registered axle weight” mean s in respect of the axle of any vehicle, the axle weight certified and re gistered by the registering authority as permissible for that axle; Corresponding Law. - Section 2 (36) corresponds to section 2 (26) of the Motor Vehicles Act, 1939. (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV ; Corresponding Law. - Section 2 (37) corresponds to section 2 (28) of the Motor Vehicles Act, 1939. (38) “route” means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another ; Corresponding Law. - Section 2 (38) corresponds to section 2 (28-A) of the Motor Vehicles Act, 1939. 5[(39) “semi-trailer” means a vehicle not mechanically propelled ( other tan a trailer ), which is intended to be co nnected to a motor vehicle and which is so constructed that a portion of it is super- imposed on, and a part of whose weight is borne by, that motor vehicle ;] Corresponding Law.- This is a new provision in the 1988 Act. 5. Cl. (39) substituted by Act 54 of 1994, S.2 (w.e.f. 14-11-1994). Prior to its substitution, Cl. (39) read as under :- “(39) ‘semi-trailer’ means a trailer drawn by a mo tor vehicle and so constructed that a part of it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;”. 15 (40) “stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey ; Corresponding Law.- Section 2 (40) corresponds to section 2 (29) of the Motor Vehicles Act, 1939. (41) “State Government” in relation to a Union territory, means the Administrator thereof appointed under article 239 of the Constitution ; Corresponding Law. - This is a new provision in the 1988 Act. (42) “State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by – (i) the Central Government or a State Government ; (ii) any Road Transport Corpor ation established under section 3 of the Road Transport Corporations Act, 1950 ; (iii) any municipality or any co rporation or company owned or controlled by the Central Gove rnment or one or more Stat e Governments, or by the Central Government and one or more State Government ; 6(iv) Zilla Parishad or any other similar local authority. Explanation. – For the purposes of this clause, “road transport service” means a service of motor vehicles carrying passenger s or goods or both by road for hire or reward; Corresponding Law. – Section 2(42) corresponds to section 68-A(b) of the Motor Vehicles Act, 1939. (43) “tourist vehicle” means a cont ract carriage constructed or adapted and equipped and maintained in accordan ce with such specifications as may be prescribed in this behalf; Corresponding Law. - Section 2 (43) corresponds to section 2 (29-A) of the Motor Vehicles Act, 1939. 6. Inserted, ibid (w.e.f. 14-11-1994). 16 (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment us ed for the purpose of propulsion); but excludes a road-roller; Corresponding Law.- Section 2 (44) corresponds to section 2 (30) of the Motor Vehicles Act, 1939. (45) “traffic signs” includes all sign als, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles ; Corresponding Law.- Section 2 (45) corresponds to section 2 (31) of the Motor Vehicles Act, 1939. (46) “trailer” means any vehicle, other than a semi-trailer and a side- car, drawn or intended to be drawn by a motor vehicle ; Corresponding Law. - Section 2 (46) corresponds to section 2 (32) of the Motor Vehicles Act, 1939. (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle ; Corresponding Law. - Section 2 (47) corresponds to section 2 (33) of the Motor Vehicles Act, 1939. (48) “unladen weight” means the weight of a vehicle or trailer including all equipment ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle me ans the weight of the vehicle with the heaviest such alternative part or body ; Corresponding Law. - Section 2 (48) corresponds to section 2 (34) of the Motor Vehicles Act, 1939. (49) “weight” means the total weig ht transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests. Corresponding Law. - This is a new provision in the 1988 Act. 17 CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence. - (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving li cence issued to him authorising him to drive the vehicle ; and no person shall so drive a transport vehicle [other than 7[ a motorcab or motor cycle] hired for his own use or rented under any scheme made under sub - section (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. Corresponding Law.- Section 3 (1) corresponds to section 3 (1) of the Motor Vehicles Act, 1939. Objects and Reasons.- Clause 3, sub-clause (1), provides for the need to have a licence to drive a motor vehicle & a special authorisation to drive a transport vehicle. Sub-clause (2) empowers the Central Government to prescribe conditions subject to which a vehicle may be driven by a person receiving instructions in driving. 4. Age limit in connection wi th driving of motor vehicles. – (1) No person under the age of eighteen years shall drive a motor vehicle in any public place: Provided that 8[a motor cycle with engine cap acity not exceeding 50 cc] may by driven in a public place by a person after attaining the age of sixteen year. (2) Subject to the provisions of se ction 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learner’s licence or driving licen ce shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. 7. Substituted for “a motorcab” by Act 54 of 1994, S.3 (w.e.f. 14-11-1994). 8. Substituted for “a motor cycle without gear” by Act 54 of 1994, S. 4 ( w.e.f. 14-11- 1994). 18 Corresponding Law. - Section 4 corresponds to section 4 of the Motor Vehicles Act, 1939. Objects and Reasons. - Clause 4 provides that a person who has completed sixteen years of age may drive a motor cycl e without gear. To drive a motor vehicle other than a transp ort vehicle, the person must have completed eighteen years of age and to drive a transport vehicle a person must have completed twenty year of age. This clause seeks to prohibit the issue of a licence to drive a motor cycle or a motor vehicle to those persons who do not satisfy the above age requirements. 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. - No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 section 4 to drive the vehicle. Corresponding Law. - Section 5 corresponds to section 5 of the Motor Vehicles Act, 1939. Objects and Reasons. - Clause 5 prohibits the owne r or person in charge of a motor vehicle permitting any person who does not satisfy the age requirement to drive the vehicle. 6. Restrictions on the holding of driving licences. - (1) No person shall, while he holds any driving licence fo r the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a doc ument authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. (3) Nothing in this section shall prev ent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. Corresponding Law. - Section 6 corresponds to section 6 of the Motor Vehicles Act, 1939. 19 Objects and Reasons. - Clause 6 seeks to impose certain restrictions on the holding of driving licences by certain persons. 7. Restrictions on the granting of learner’s licences for certain vehicles. - 9[(1) No person shall be granted a l earner’s licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for at least one year.] (2) No person under the age of eighteen years shall be granted a learner’s licence to drive motorcycle wi thout gear except with the consent in writing of the person having the care of the person desiring the learner’s licences. Corresponding Law. - This is a new provision in the 1988 Act. Objects and Reasons.-Clause 7 prescribes certain minimum driving experience in light motor vehicle before a person beco mes qualified to drive a medium or heavy passenger motor vehicle or goods carriages. This clause also prohibits the grant of licence to drive a motor cycle without gear to any person who has completed sixteen years of age without production of a consent letter from the guardian. 8. Grant of learner’s licence. - (1) Any person who is not disqualified under section 4 for driving a motor vehi cle and who is not for the time being disqualified for holding or obtaining a drivi ng licence may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area – (i) in which he ordinarily resi des or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner’s licence. 9. Sub-S. (1) substituted by Act 54 of 1994 , S. 5 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (1) read as under .- “(1) No person shall be granted a learner’s licence :- (a) to drive a heavy goods vehicle unless he has held a driving licence for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle; (b) to drive a heavy passenger motor vehicle unless he has held a driving licence for at least two years to drive a light motor vehi cle or for at least one year to drive a medium passenger motor vehicle ; (c) to drive a medium goods vehicle or a medium passenger motor vehicle unless he has held a driving licence for at least one year to drive a light motor vehicle.” 20 (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and wi th such fee as may be prescribed by the Central Government. (3) Every application under sub-sect ion (1) shall be accompanied by a medical certificate in such fo rm as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose. 10[ Provided that no such medical certifi cate is required fo r licence to drive a vehicle other than a transport vehicle.] (4) If, from the application or from the medical certificate referred to in sub- section (3) it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the l earner’s licence applied for to drive to be a source of danger to the public or to the passengers, th e licensing authority shall refuse to issue the learner’s licence; Provided that a learner’s licence limite d to driving an invalid carriage may be issued to the applicant, if the licensing author ity is satisfied that he is fit to drive such a carriage. (5) No ,learner’s licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5) the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner’s li cence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle. 10. Added by Act 54 of 1994, S. 6 ( w.e.f. 14-11-1994 ). 21 Provided that a licensing authority ma y issue a learner’s licence to drive a motor cycle or a light motor vehicle notwit hstanding that it is not the appropriate licensing authority, if such au thority is satisfied that th ere is good reason for the applicant’s inability to apply to the appropriate licensing authority. (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this beha lf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3) or sub-section (5), or both. (8) Any learner’s licence for driving a motor cycle in force immediately before the commencement of th is Act shall, after such co mmencement, be deemed to be effective for driving a motor cycle with or without gear. Corresponding Law. - This is a new provision in the 1988 Act. Objects and Reasons. - Clause 8 lays down the procedure in making an application for the grant of learner’s licence. A pass in the test on the rules on the road and a strict medical test are pre-conditions for the issue of the l earner’s licence. This clause, however, seeks to empower the Central Government to exempt any class of persons from the above tests. 9. Grant of driving licence. - (1) Any person who is not for the time being disqualified for holding or obtain ing a driving licence may apply to the licensing authority having jurisdiction in the area – (i) in which he ordinarily resi des or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documen ts as may be prescribed by the Central Government. 22 11[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence : Provided that no such test shall be necessary where the applicant produces proof to show that – (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or 11. Sub-S. (3) substituted by Act 54 of 1994, S. 7 (w.e.f. 14-11-1994). Prior to its substitution, sub-S. (3) read as under :- “(3) No driving licence shall be issued to any ap plicant unless he passes to the satisfaction of the licensing authority such test of competence to drive as may be prescribed by the Central Government : Provided that, where the application is for a driving licence to drive a motor cycle or a light motor vehicle, the licensing authority shall exem pt the applicant from the test of competence prescribed under this sub-section, if the licensing authority is satisfied : (a) (i) that the applicant has previously held a driving licence and that the period between the date of expiry of that licence and the date of such application does not exceed five years ; or (ii)that the applicant holds or has previously held a driving licence issued under section 18 ; or (ii)that the applicant holds a driving licence issued by a competent authority of any country outside India ; and (b) that the applicant is not suffering from any disease or disability which is likely to cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source of danger to the public ; and as the licensing authority may for that purpose require the applicant to produce a medical certificate in the sa me form and in the same manner as is referred to in sub-section (3) of section 8: Provided further that where the application is for a driving licence to drive a motor vehicle ( not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed u nder this sub-section, if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.” 23 (iii) the applicant holds a driving li cence to drive such class of vehicle issued by a competent author ity of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of sec
Excerpt shown. Open the full act in Lexace.