Driving vehicle exceeding permissible weight
Section 194 of the Motor Vehicles Act, 1988 deals with driving vehicle exceeding permissible weight. A fine of ₹20,000. Whoever drivers a motor vehicle or causes or allows a motor vehicle to be drives in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with fine [of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], togethe The Act came into force on 01 Jul 1989.
1[(1) Whoever drivers a motor vehicle or causes or allows a motor vehicle to be drives in contravention of the provisions of section 113 or section 114 or section 115 shall be punishable with 2*** fine 3[of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for off-loading of the excess load.]
4[Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.]
4[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load:
Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit:
Provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Government, allowing the carriage of a particular load.]
(2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine 5 [of forty thousand rupees].
Section 194, The Motor Vehicles Act, 1988 (Act 59 of 1988).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn
Court's Decision & Legal Precedent
Where a statute confers powers on an authority to do certain acts or exercise power in respect of certain matters subject to rules, the exercise of power conferred by the statute does not depend on the existence of rules unless the statute expressly provides for the same. The expression 'subject to the rules' only means 'in accordance with the rules, if any'. If rules are framed, the powers so conferred could be exercised in accordance with these rules. But if no rules are framed, there is no void and the authority is not precluded from exercising the power conferred by the statute. A statute that is workable even without framing of Rules must be given effect to, as the law does not envisage a vacuum. The State Government is empowered to issue executive orders for matters required to be prescribed by Rules if the statute is workable without them, subject to the condition that such orders do not infringe upon the rights of citizens.
On this section: Prescribes penalties for driving vehicles exceeding permissible weight; demonstrates penal nature of weight compliance requirements
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… After considering all the relevant aspects, I find some force in the contention put forward by the learned counsel for the petitioner. The question as to whether the commission of an offence under Section 113, read with Section 194 of the Motor Vehicles Act could be treated as a ground for revoking the driving licence is doubtful. However, since the objection submitted by the petitioner in this regard is pending consideration before the 3rd respondent, it is only proper that he takes a final decision after considering the objections and …
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… In the judgment under appeal, following the dictum laid down by this Court in State of Kerala v. Varghese [2017 (3) KLT 744] , the learned single Judge allowed the writ petition. > 4. The contention raised by the learned Government Pleader is that having regard to the provisions contained in Sections 113, 114 and 194 of the Motor Vehicles Act, 1988, the prayer sought for could not have been allowed by the learned single Judge. > 5. However, having considered the submission made, we are unable to agree with the contention. It is true that check reports are pending against the first respondent, the registered owner of the …
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… In the judgment under appeal, following the dictum laid down by this Court in State of Kerala v. Varghese [2017 (3) KLT 744], the learned single Judge allowed the writ petition. 4. The contention raised by the learned Government Pleader is that having regard to the provisions contained in Sections 113, 114 and 194 of the Motor Vehicles Act, 1988, the prayer sought for could not have been allowed by the learned single Judge. 5. However, having considered the submission made, we are unable to agree with the contention. It is true that check reports are pending against the first respondent, the registered owner of the vehicle …
Made under this section, and citing it
6 instruments name this provision in its title or its text without being made under it.
- 17th GSR 575 (E) 11 August 2021Notification 2021
- REGARDING ODD-EVENNotification 2019
- Gazette Notification on NMV LanesNotification 2016
- Gazette Notification on ODD-EVEN restrictions Part 2 from 15.04.2016 to 30.04.2016Notification 2016
- Notification regarding ODD-EVEN SchemeNotification 2015
- Section 115 and clause(41) of section 2 of MV ActNotification 2010
Questions about Section 194
What have the courts held on Section 194 of the Motor Vehicles Act?
Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn (10 Jul 2009) is the leading judgment on this section among those set out below: Prescribes penalties for driving vehicles exceeding permissible weight; demonstrates penal nature of weight compliance requirements.
How do I find court cases under Section 194 of the Motor Vehicles Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: MV Act 194, section 194 MV Act, section 194 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Jantia Hill Truck Owners Association vs S. A. Coal Dealer & Truck Owner Assn (10 Jul 2009).
What should I read with Section 194 of the Motor Vehicles Act, and has it changed?
Its own text turns on section 113 (Limits of weight and limitations on use), section 114 (Power to have vehicle weighed), section 115 (Power to restrict the use of vehicles), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. 6 instruments name it without being made under it, most recently 17th GSR 575 (E) 11 August 2021 (2021), then REGARDING ODD-EVEN (2019).
When did Section 194 of the Motor Vehicles Act come into force?
Section 194 of the Motor Vehicles Act, cited as MV Act 194, came into force on 01 Jul 1989, having been enacted on 14 Oct 1988. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1948 words
- 88. Validation of permits for use outside region in which granted1560 words
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc1199 words
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks1102 words
- 96. Power of State Government to make rules for the purposes of this Chapter995 words
- 72. Grant of stage carriage permits868 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.