The Motor Vehicles Act, 1988

Preamble

THE MOTOR VEHICLES ACT, 1988

ACT NO. 59 OF 1988

[14th October, 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:--

Sections

Type to filter. 257 sections.

1. 1Short title, extent and commencement
2. 2Definitions
3. 2Ae-cart and e-rickshaw
4. 2BPromotion of innovation
5. 3Necessity for driving licence
6. 4Age limit in connection with driving of motor vehicles
7. 5Responsibility of owners of motor vehicles for contravention of sections 3 and 4
8. 6Restrictions on the holding of driving licences
9. 7Restrictions on the granting of learner's licences for certain vehicles
10. 8Grant of learner's licence
11. 9Grant of driving licence
12. 10Form and contents of licences to drive
13. 11Additions to driving licence
14. 12Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles
15. 13Extent of effectiveness of licences, to drive motor vehicles
16. 14Currency of licences to drive motor vehicles
17. 15Renewal of driving licences
18. 16Revocation of driving licence on grounds of disease or disability
19. 17Orders refusing or revoking driving licences and appeals therefrom
20. 18Driving Licences to drive motor vehicles, belonging to the Central Government
21. 19Power of licensing authority to disqualify from holding a driving licence or revoke such licence
22. 20Power of Court to disqualify
23. 21Suspension of driving licence in certain cases
24. 22Suspension or cancellation of driving licence on conviction
25. 23Effect of disqualification order
26. 24Endorsement
27. 25Transfer of endorsement and issue of driving licence free from endorsement
28. 25ANational Register of Driving Licences
29. 26Maintenance of State Registers of Driving Licences
30. 27Power of Central Government to make rules
31. 28Power of State Government to make rules
32. 29Necessity for conductor's licence
33. 30Grant of conductor's licence
34. 31Disqualifications for the grant of conductor's licence
35. 32Revocation of a conductor's licence on grounds of disease or disability
36. 33Orders refusing, etc, conductor's licences and appeals therefrom
37. 34Power of licensing authority to disqualify
38. 35Power of Court to disqualify
39. 36Certain provisions of Chapter II to apply to conductor's licence
40. 37Savings
41. 38Power of State Government to make rules
42. 39Necessity for registration
43. 40Registration, where to be made
44. 41Registration, how to be made
45. 42Special provision for registration of motor vehicles of diplomatic officers, etc
46. 43Temporary registration
47. 44Production of vehicle at the time of registration
48. 45Refusal of registration or renewal of the certificate of registration
49. 46Effectiveness in India of registration
50. 47Assignment of new registration mark on removal to another State
51. 48No objection certificate
52. 49Change of residence or place of business
53. 50Transfer of ownership
54. 51Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
55. 52Alteration in motor vehicle
56. 53Suspension of registration
57. 54Cancellation of registration suspended under section 53
58. 55Cancellation of registration
59. 56Certificate of fitness of transport vehicles
60. 57Appeals
61. 58Special provisions in regard to transport vehicles
62. 59Power to fix the age limit of motor vehicle
63. 60Registration of vehicles belonging to the Central Government
64. 61Application of Chapter to trailers
65. 62Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority
66. 62AProhibition of registration and issuance of certificate of fitness to oversized vehicles
67. 62BNational Register of Motor Vehicles
68. 63Maintenance of State Registers of Motor Vehicles
69. 64Power of Central Government to make rules
70. 65Power of State Government to make rules
71. 66Necessity for permits
72. 66ANational Transportation Policy
73. 66BNo bar against permit holders to apply and hold licences under schemes
74. 67Power to State Government to control road transport
75. 68Transport Authorities
76. 69General provision as to applications for permits
77. 70Application for stage carriage permit
78. 71Procedure of Regional Transport Authority in considering application for stage carriage permit
79. 72Grant of stage carriage permits
80. 73Application for contract carriage permit
81. 74Grant of contract carriage permit
82. 75Scheme for renting of motor cabs
83. 76Application for private service vehicle permit
84. 77Application for goods carriage permit
85. 78Consideration of application for goods carriage permit
86. 79Grant of goods carriage permit
87. 80Procedure in applying for and granting permits
88. 81Duration and renewal of permits
89. 82Transfer of permit
90. 83Replacement of vehicles
91. 84General conditions attaching to all permits
92. 85General form of permits
93. 86Cancellation and suspension of permits
94. 87Temporary permits
95. 88Validation of permits for use outside region in which granted
96. 88APower of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods
97. 89Appeals
98. 90Revision
99. 91Restriction of hours of work of drivers
100. 92Voidance of contracts restrictive of liability
101. 93Agent or canvasser or aggregator to obtain licence
102. 94Bar on jurisdiction of Civil Courts
103. 95Power of State Government to make rules as to stage carriages and contract carriages
104. 96Power of State Government to make rules for the purposes of this Chapter
105. 97Definition
106. 98Chapter to override Chapter V and other laws
107. 99Preparation and publication of proposal regarding road transport service of a State transport undertaking
108. 100Objection to the proposal
109. 101Operation of additional services by a State transport undertaking in certain circumstances
110. 102Cancellation or modification of scheme
111. 103Issue of permits to State transport undertakings
112. 104Restriction on grant of permits in respect of a notified area or notified route
113. 105Principles and method of determining compensation and payment thereof
114. 106Disposal of article found in vehicles
115. 107Power of State Government to make rules
116. 108Certain powers of State Government exercisable by the Central Government
117. 109General provision regarding construction and maintenance of vehicles
118. 110Power of Central Government to make rules
119. 110ARecall of motor vehicles
120. 110BType of approval certificate and testing agencies
121. 111Power of State Government to make rules
122. 112Limits of speed
123. 113Limits of weight and limitations on use
124. 114Power to have vehicle weighed
125. 115Power to restrict the use of vehicles
126. 116Power to erect traffic signs
127. 117Parking places and halting stations
128. 118Driving regulations
129. 119Duty to obey traffic signs
130. 120Vehicles with left hand control
131. 121Signals and signalling devices
132. 122Leaving vehicle in dangerous position
133. 123Riding on running board, etc
134. 124Prohibition against travelling without pass or ticket
135. 125Obstruction of driver
136. 126Stationary vehicles
137. 127Removal of motor vehicles abandoned or left unattended on a public place
138. 128Safety measures for drivers and pillion riders
139. 129Wearing of protective headgear
140. 130Duty to produce licence and certificate of registration
141. 131Duty of the driver to take certain precautions at unguarded railway level crossing
142. 132Duty of driver to stop in certain cases
143. 133Duty of owner of motor vehicle to give information
144. 134Duty of driver in case of accident and injury to a person
145. 134AProtection of Good Samaritans
146. 135Schemes to be framed for the investigation of accident cases and wayside amenities, etc
147. 136Inspection of vehicle involved in accident
148. 136AElectronic monitoring and enforcement of road safety
149. 137Power of Central Government to make rules
150. 138Power of State Government to make rules
151. 139Power of Central Government to make rules
152. 140Omitted
153. 141Omitted
154. 142Omitted
155. 143Omitted
156. 144Omitted
157. 145Definitions
158. 146Necessity for insurance against third party risk
159. 147Requirements of policies and limits of liability
160. 148Validity of policies of insurance issued in reciprocating countries
161. 149Settlement by insurance company and procedure therefor
162. 150Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
163. 151Rights of third party against insurers on insolvency of insured
164. 152Duty to give information as to insurance
165. 153Settlement between insurers and insured persons
166. 154Saving in respect of sections 151, 152 and 153
167. 155Effect of death on certain causes of action
168. 156Effect of certificate of insurance
169. 157Transfer of certificate of insurance
170. 158Production of certain certificates, licence and permit in certain cases
171. 159Information to be given regarding accident
172. 160Duty to furnish particulars of vehicle involved in accident
173. 161Special provisions as to compensation in case of hit and run motor accident
174. 162Scheme for golden hour
175. 163Refund in certain cases of compensation paid under section 161
176. 164Payment of compensation in case of death or grevious hurt, etc
177. 164AScheme for interim relief for claimants
178. 164BMotor Vehicle Accident Fund
179. 164CPower of Central Government to make rules
180. 164DPower of State Government to make rules
181. 165Claims Tribunals
182. 166Application for compensation
183. 167Option regarding claims for compensation in certain cases
184. 168Award of the Claims Tribunal
185. 169Procedure and powers of Claims Tribunals
186. 170Impleading insurer in certain cases
187. 171Award of interest where any claim is allowed
188. 172Award of compensatory costs in certain cases
189. 173Appeals
190. 174Recovery of money from insurer as arrear of land revenue
191. 175Bar on jurisdiction of Civil Courts
192. 176Power of State Government to make rules
193. 177General provision for punishment of offences
194. 177APenalty for contravention of regulations under section 118
195. 178Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
196. 179Disobedience of orders, obstruction and refusal of information
197. 180Allowing unauthorised persons to drive vehicles
198. 181Driving vehicles in contravention of section 3 or section 4
199. 182Offences relating to licences
200. 182APunishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
201. 182BPunishment for contravention of section 62A
202. 183Driving at excessive speed, etc
203. 184Driving dangerously
204. 185Driving by a drunken person or by a person under the influence of drugs
205. 186Driving when mentally or phycically unfit to drive
206. 187Punishment for offences relating to accident
207. 188Punishment for abetment of certain offences
208. 189Racing and trials of speed
209. 190Using vehicle in unsafe condition
210. 191Omitted
211. 192Using vehicle without registration
212. 192AUsing vehicle without permit
213. 192BOffences relating to registration
214. 193Punishment of agents, canvassers and aggregators without proper authority
215. 194Driving vehicle exceeding permissible weight
216. 194ACarriage of excess passengers
217. 194BUse of safety belts and the seating of children
218. 194CPenalty for violation of safety measures for motor cycle drivers and pillion riders
219. 194DPenalty for not wearing protective headgear
220. 194EFailure to allow free passage to emergency vehicles
221. 194FUse of horns and silence zones
222. 195Omitted
223. 196Driving uninsured vehicle
224. 197Taking vehicle without authority
225. 198Unauthorised interference with vehicle
226. 198AFailure to comply with standards for road design, construction and maintenance
227. 199Offences by companies
228. 199AOffences by juveniles
229. 199BRevision of fines
230. 200Composition of certain offences
231. 201Penalty for causing obstruction to free flow of traffic
232. 202Power to arrest without warrant
233. 203Breath tests
234. 204Laboratory test
235. 205Presumption of unfitness to drive
236. 206Power of police officer to impound document
237. 207Power to detain vehicles used without certificate of registration permit, etc
238. 208Summary disposal of cases
239. 209Restriction on conviction
240. 210Courts to send intimation about conviction
241. 210APower of State Government to increase penalties
242. 210BPenalty for offence committed by an enforcing authority
243. 210CPower of Central Government to make rules
244. 210DPower of State Government to make rules
245. 211Power to levy fee
246. 211AUse of electronic forms and documents
247. 212Publication, commencement and laying of rules and notifications
248. 213Appointment of motor vehicles officers
249. 214Effect of appeal and revision on orders passed by original authority
250. 215Road Safety Councils and Committees
251. 215APower of Central Government and State Government to delegate
252. 215BNational Road Safety Board
253. 215CPower of Central Government to make rules
254. 215DPower of State Government to make rules
255. 216Power to remove difficulties
256. 217Repeal and savings
257. 217ARenewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939

Schedules

This Act has 2 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Rules made under this Act

40 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

Related Acts

Ordinances

India Code records no parent Act for an ordinance, so these are tied to this Act by their own titles and their dates rather than by anything the source states. An ordinance is made when Parliament is not sitting and lapses six weeks into the next session unless it is enacted.

All Ordinances