Motor Vehicle Act, 1988 PDF

IV Motor Vehicles Act, 1988 Syllabus Overview Historical Background Motor Vehicles Act, 1914 Motor Vehicles Motor Act, 1939 Vehicles Act, 1988 Motor Vehicles (Amen...

IV Motor Vehicles Act, 1988 Syllabus Overview Historical Background Motor Vehicles Act, 1914 Motor Vehicles Motor Act, 1939 Vehicles Act, 1988 Motor Vehicles (Amendme nt) Act, 2019  1 Amendments 9 Motor Vehicle 9 (Amendment) Act, 1994 2 4 Motor Vehicle 0 0 2 (Amendment) Act, 2000 0 0 Motor Vehicle 0 2 (Amendment) Act, 2001 1 Motor Vehicle 0 1 (Amendment) Act, 2015 2 Motor Vehicle 5 0 1 (Amendment) Act, 2019 Basics about the Act 0 1 0 Total 14 2 Total 0 Chapters 217 32 Total 0 Sections Schedul Came4 into effect on es 01.07.198 9 Introduction  The Indian parliament approved the Motor Vehicle Act in 1988, which governs practically all elements of road transport vehicles. It covers all areas covered by the Act’s provisions, such as traffic laws, vehicle insurance, motor vehicle registration, controlling permits, and penalties.  The Act came into effect on July 1, 1989. The government of India, in discussion with state transport Conti …  On April 10, 2017, the Lok Sabha passed the Motor Vehicles (Amendment) Bill, 2017.  This Act requires all drivers to have a valid driving licence, and no vehicle may be driven unless it is registered under the Motor Vehicle Act. The purpose of the Act’s preamble is to consolidate and modernize motor vehicle legislation.  This Act provides all drivers and Overview of the Act  The Motor Vehicle Act is a law relating to torts that is founded on the concept that every injury has a remedy. At this point, the idea of compensating and giving damages comes into action.  The Motor Vehicle Act of 1988 has been regarded as a welfare law aiming at offering relief to those who have been harmed. There existed the Motor Vehicle Act of 1939, which combined all motor vehicle legislations, but it had to be Conti …  This Motor Vehicle Act is mainly concerned with granting relief to innocent people on the road who are frequent victims of accidents and then find themselves without a claim to the compensation that they should normally receive.  All vehicle drivers must have a driving licence under this Act. This also requires the registration of a  1. Sticking to strict Objectives of the Act procedures for granting licences and calculating 2. To maintain road safety requirements, the validity period of dangerous and such licences explosive material transportation rules, 3. To maintain the and pollution control country’s rapidly measures. growing quantity of 4. To raise the personal and amount of commercial cars. compensation available to hit- 5. To eliminate the and-run cases. time limit for traffic accident victims to file a compensation claim. Overview of offences covered under theAct Driving without a licence,  Allowing someone without a licence to operate a vehicle owned by the vehicle owner,  Failing to possess all of the relevant documentation required to operate a motor vehicle on Indian roads,  Driving without a permit if required,  Operation of a vehicle by a minor,  Riding certain motor vehicles without a helmet,  Driving without fastening the driver’s Chapter – I Section – 2 Definitions Section – 2 [Definitions] (1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of Section – 2 [Definitions]  (1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;  Explanation:- aggregator shall mean any person/entity which owns, operates, or manages a digital or an electronic facility or a web platform for a passenger to connect with a driver for the Section – 2 [Definitions] (1B) "area", in relation to any provision of this Act, means such area as the State Government may, having regard to the Section – 2 [Definitions]  (2) "articulated vehicle" means a motor vehicle to which a semitrailer is attached;  An articulated vehicle is a combination of prime mover and semi trailer for movement on road.  Section – 2 [Definitions]  (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; Section – 2 [Definitions]  (4) "certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle Section – 2 [Definitions]  (5) "conductor", in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed;  Here, stage carriage means a motor vehicle carrying or adapted to carry more than six persons excluding the Section – 2 [Definitions] (6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the Section – 2 [Definitions]  (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 mentioned 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 pick up or set down passengers not included in the contract Section – 2 [Definitions]  (8) "dealer" includes a person who is engaged--  3* * * * *  (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- Section – 2 [Definitions] (9A) "driver refresher training course" means the course referred to in sub-section (2A) of section 19; (10) "driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to Section – 2 [Definitions]  (11) "educational institution bus" means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities;  (12) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage;  (12A) "golden hour" means the time Section – 2 [Definitions]  (13) "goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living 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;  (14) "goods carriage" means any motor vehicle constructed or adapted Section – 2 [Definitions] (15) "gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered Section – 2 [Definitions]  (16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen (not carrying a load) weight of either of which, exceeds 12,000 kilograms;  (17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or Section – 2 [Definitions]  (19) "learner's licence" means the licence issued by a competent authority under Chapter II authorizing the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description;  (20) "licensing authority" means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; Section – 2 [Definitions]  (21A)“manufacturer” means a person who is engaged in the manufacture of motor vehicles;  (22) “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;  (23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods Section – 2 [Definitions]  (25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward;  (26) “motor car” means any motor vehicle other than a transport vehicle, omnibus, road- roller, tractor, motor cycle or adapted vehicle; Section – 2 [Definitions]  (28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion (thrust or force) is transmitted thereto from an external or internal 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 Section – 2 [Definitions]  (30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, 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 hypothecation, the person in possession of the vehicle under that agreement;  (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf Section – 2 [Definitions]  (33) “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding 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 otherwise than for hire or reward but does not include a motor vehicle used for public purposes;  (34) “public place” means a road, street, 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 Section – 2 [Definitions]  (36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle;  (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV;  (38) “route” means a line of travel Section – 2 [Definitions]  (39) “semi-trailer” means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed (overlaid) on, and a part of whose weight is borne by, that motor vehicle;  (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 Section – 2 [Definitions]  (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 Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Section – 2 [Definitions]  (42A) “testing agency” means any entity designated as a testing agency under section 110B for certification of compliance to the provisions under CMVR [Central Motor Vehicle Rules];  (43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf;  (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other Section – 2 [Definitions]  (46) “trailer” means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle;  (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;  (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  Insurance of Motor Vehicles against Third Party Risks [Section 145 – 164]  Introduction  In India, under the provisions of the Motor Vehicles Act, 1988, it is mandatory that every vehicle should have a valid Insurance to drive on the road. Any vehicle used for social, domestic and pleasure purpose and for the insurer's business motor purpose should be insured.  Insurance is a contract whereby one party, the Introduction  Insurance developed from the fourteenth century as a means of spreading huge risks attendant on early maritime enterprises; life and fire insurance developed later. The main classes of insurance are life and other personal insurance, marine insurance, accident or property insurance and liability insurance when the sum becomes payable when legal liability is incurred as for personal injuries or professional negligence to another.  Motor third-party insurance or third-party liability cover, which is sometimes also referred to as the 'act only' cover, is a statutory requirement under the Motor Vehicles Act.  It is referred to as a 'third-party' cover since the Third Party Insurance  A third party insurance policy is a policy under which the insurance company agrees to indemnify the insured person, if he is sued or held legally liable for injuries or damage done to a third party. The insured is one party, the insurance company is the second party, and the person you (the insured) injure who claims damages against you is the third party.  Section 145(g) "third party" includes the Government. (National Insurance Co. Ltd. v. Fakir Chand), third party should include Salient features of third party insurance  Third party insurance is compulsory for all motor vehicles. Third party risks insurance is mandatory under the statute. This provision cannot be overridden by any clause in the insurance policy.  Third party insurance does not cover injuries to the insured himself but to the rest of the world who is injured by the insured.  Beneficiary of third party insurance is the injured third party, the insured or the policy holder is only nominally the beneficiary of the policy. In practice the money is always paid direct by the insurance company to the third party (or his solicitor) and does Relevant Provisions of Motor Vehicles  Act, 1988 Chapter 11 (Section 145 to 164) provides for compulsory third party insurance, which is required to be taken by every vehicle owner.  It has been specified in Section 146(1) that no person shall use or allow using a motor vehicle in public place unless there is in force a policy of insurance complying with the requirement of this chapter.  Contravention of the provisions of section 146 is an offence and is punishable with imprisonment which may extend to three months or with fine which may extend to one thousand rupees or with both (section 196).  The appropriate Government may, by order, exempt from the operation of sub-section (1) any vehicle owned by any of the following authorities, namely :- Relevant Provisions of Motor Vehicles  Act, 1988 Section 147 provides for the requirement of policy and limit of liability.  According to Section 147, the policy must be issued by a person who is an authorized insurer. The policy must be issued;  (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person, including owner of the goods or his authorized representative carried in the vehicle or damage to any  Relevant Provisions of Motor Vehicles Thus, everyAct, 1988 vehicle owner is required to take a policy covering against any liability which may be incurred by him in respect of death or bodily injury including owner of goods or his authorized representative carried in the vehicle or damage to the property of third party and also death or bodily injury to any passenger of a public service vehicle.  According to section 147, the policy not require covering the liability of death or injuries arising to the employees in the course of employment Rights of the third party  Right to remain unaffected:- The right to remain unaffected arises only in three cases. The first situation is when an award or a judgement has been given against the insured. The second situation arises when the liability of the insurer is unlawfully restricted. Thirdly and finally, when there is a settlement between the insured and the insurer.  The MV Act has prescribed that an insurer can pay only up to the sum of liability assured. If there is any award or judgement which has Rights of the third party  Right to receive information:- Any person against whom a claim for damages is made, be it insured or uninsured, must provide any information to the third party as and when necessary. The insured is required to mention whether or not he has been ensured with reference to the liability.  The third party here also has a right to know whether he has any vested (can not be Rights of the third party Transfer of rights of the insured to the third party:- When the third party raises a claim against the insured with respect to an event that has been insured, the insurer undertakes to pay the damages. If the insured is  Chapter – XII [Claims Tribunals] [Sec 165 – 176]  Introduction:- Motor vehicles act created a new forum named motor accidents claims tribunals which substituted civil courts in order to provide cheaper and speedier remedy to the victims of accident of motor vehicles.  Earlier to file a suit, suit for damages had to be filed with civil court , on payment of advalorem court fee. But under the provision of motor vehicle act , an application claiming compensation can be made to the claims tribunal without payment  Claims Tribunals  Motor Accidents Claims Tribunal has been created by the Motor Vehicles Act, 1988.It has been constituted to provide speedier remedy to the victims of accident by motor vehicles.  The Tribunals takes away jurisdiction of Civil Courts in the matters which concerns the Motor Accidents Claims Tribunal. A State Government may, by  Claims Tribunals  It is for the State Government to decide the number of members of a Claims Tribunal. If there are two or more members then one has to appointed as Chairman(Section 165).  A person shall not be qualified for appointment as a member of a Claims Tribunal unless he –  (a) is, or has been, a Judge of a High Court, or  Claims Tribunals  Appeals from Claims Tribunal lies with High Courts. The appeal is limited by time and has to be filed in the High Court within 90 days from the date of award of Claims Tribunal.  The High Court may entertain the appeal after the expiry of the said period of ninety days, if it is  When can compensation be claimed Limitation- There is no time limit for filing motor vehicle accidents claim. But an unusual delay will demand an explanation by the Tribunal.  According to Section 165 of the Motor Vehicles Act, 1988 – ‘claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.’  In other words, the Tribunal can adjudicate  Who can claim the Compensation  According to Section 166 of the Motor Vehicles Act, 1988, compensation can be claimed –  By the person who has sustained injury;  By the owner of the damaged property;  By all or any legal representative of the deceased  How and Where can compensation be claimed  Claim Petition can be filed –  to the Claims Tribunal having jurisdiction over the area in which the accident occurred or,  to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides, or carries on business or,  Award of Claims Tribunal [Sec  168] On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or. as the case may be, each of the claims and, subject to the provisions of [section 163] may make an award determining the amount of compensation which appears to  Award of Claims Tribunal  (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.  (3) When an award is made under this section. the person who is required to pay any amount in terms of such award shall within  Procedure to be followed  Section 169 expressly empowers the claims tribunals to formulate its own procedure since the claims tribunals has all the powers equal to high court, it may choose to follow the procedure laid down in the CPC in holding an enquiry under the section 168 of the act, the claims tribunal is empowered to follow such summary procedure as it thinks fit.   Procedure to be followed  Claims Tribunal has the liberty to nominate one or more persons who are equipped with certain special knowledge about any issue that is related with inquiry of the compensation claims.  Under Section 175, the civil courts do not have the authority to entertain any question related to compensation claims in areas where Claims Tribunal has been constituted and is not  Appeals [Section – 173]  Section 173 (1) stipulates that an appeal can be filed against the award of Claims Tribunal must be done within ninety days from the date of the decision. It is further specified that failure to file an appeal within the said time period can be excused only on the ground that the appellant was unable to do so in time due to sufficient cause.  The High Court must consider the appeal only if the person has deposited with it either twenty-five thousand rupees or fifty per cent of the amount so awarded,  Power of State Government to make rules [Section – 176] Section 176 of MVA, 2019 empowers the state government to form rules or regulations with the objective of providing smooth functioning of sections 165 to 174 like determining the particulars that a form of application should contain and how the fees, if there is any, to be paid with regard to such applications; what should be the procedures to be pursued by the Claims Tribunal while holding any investigation; Offences, Penalty and Procedure under Motor Vehicle Act [Chapter XIII] Secton 178 – 210D]  Punishment Punishment under Offence Secti under old amended provisions on provisions of applicable w.e.f. MV Act, 1988 01.09.2019 Driving 3& Imprisonment up Imprisonment up to 3 months without 181 to 3 months or or fine of Rs. 5000 or both holding a fine up to Rs. valid 500 or both driving licence Driving by 4 & 181 Imprisonment up Imprisonment up to 3 months an under- to 3 months or or fine of Rs. 5000 aged fine up to Rs. or both person 500 or both Owner or 5 & 180 Imprisonment up Imprisonment up to 3 person-in- to 3 months or months or fine of Rs. charge of a fine up to Rs. 5000 or both  Punishment Punishment under Offenc Section under old amended provisions e provisions of applicable w.e.f. MV Act, 1988 01.09.2019 Holder of 6(2) & Up to Rs.100 Up to Rs. 500 for the first a D/L 177 for the first offence permittin offence Up to Rs.1500 for the second g it to be Up to Rs.300 or subsequent used by for the second offence other or subsequent person offence i) 23 & Imprisonment Imprisonment up to 3 Disqualifi 182(1) up to 3 months or fine of ed months or Rs. 10,000 or both person fine up to Rs. D/L obtained by him shall driving a 500 or both have no effect. vehicle D/L obtained by  Punishment Punishment under Offence Sec under old amended provisions tion provisions applicable w.e.f. of MV Act, 01.09.2019 1988 (i) Disqualified 23 & Imprisonmen Imprisonment up to 1 month conductor 182( t up to 1 or fine up to Rs. acting as 2) month or 10,000 or both conductor or, fine up to Rs. C/L obtained by him shall (ii) applying for 100 or both have no effect. conductor’s C/L obtained licence or, by him shall (iii)seeking a have no licence without effect. disclosing endorsements made on licence previously held  Punishmen Punishment under Offence Sect t under old amended provisions ion provisions applicable w.e.f. of MV Act, 01.09.2019 1988 Driving a vehicle at 112 & Upto Rs. (A) FIRST OFFENCE an excessive speed 183(1) 400 for the (I) For motor cycles, first offence motorcabs and auto- Upto Rs. rickshaws: 1,000 for Min. Penalty: Rs. 1,000 second or Max. Penalty: Rs. 2,000 subsequent (II)For medium goods vehicle offence or passenger vehicle or heavy goods/passenger vehicle Min. Penalty: Rs. 2,000 Max. Penalty: Rs. 4,000 (B) SECOND/SUBSEQUENT OFFENCE Driving licence of driver to be  Punishment Punishment under Offence Sectio under old amended provisions n provisions applicable w.e.f. of MV Act, 01.09.2019 1988 Driving or 113(3), Minimum fine Rs. 20,000 and Rs. 2,000 per permitting to 114, 115 of Rs. extra ton together with drive a vehicle & 194(1) 2,000 plus ad charges for off loading the carrying ditional Rs. excess load excess load 1,000 per ton Such motor vehicle shall not of excess be allowed to move before load together such excess load is removed with charges or is caused or allowed to be for off loading removed by the person in the excess control of such motor vehicle. load Driver 114 & Fine upto Rs. Fine of Rs. 40,000  Motor Vehicle (amendment) Act, 2016  The Motor Vehicle (Amendment) Act, 2016 is a significant legislative reform aimed at enhancing road safety, improving transportation, and addressing various issues related to motor vehicles in India.  The Indian Motor Vehicle (Amendment) Act, 2016, was passed to amend and update the Motor Vehicles Act, 1988, which had become outdated and inadequate in addressing contemporary road safety challenges.  The Act places a strong emphasis on road safety. It introduces stringent penalties for traffic violations to deter reckless driving and non-compliance with traffic rules. It introduces stricter regulations for commercial vehicles, including requirements for permits and insurance.  It provides for the protection of vulnerable road users, such as pedestrians, cyclists, and motorcyclists.  Motor Vehicle (amendment) Act, 2019  he Indian Motor Vehicle (Amendment) Act, 2019 was enacted to amend and strengthen the Motor Vehicles Act, 1988.  The Act introduced significantly higher fines for traffic offenses, including not wearing helmets or seat belts, over-speeding, drunken driving, and driving without a valid license.  The Act mandates a considerable increase in the compensation amount for accident victims. This was aimed at providing more substantial and just compensation to the victims and their families.  The Act introduced the concept of "motor vehicle aggregators" (e.g., app-based ride-sharing services) and set guidelines for their operations, ensuring passenger safety and compliance with regulations.  It focuses on better driver regulation, including stricter requirements for obtaining and renewing driver's licenses. It