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Section2
The Motor Vehicles Act, 1988

Definitions

In force From 01 Jul 1989 Act 59 of 1988 As on 14 Oct 2026

Act 59 of 1988 Ministry Road Transport and Highways Enacted 14 Oct 1988 In force 01 Jul 1989 Cited by 6 provisions Instruments 32

Section 2 of the Motor Vehicles Act, 1988 deals with definitions. In this Act, unless context otherwise requires,-- [(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 a person suffering from any physical defect or disability, and used sol The Act came into force on 01 Jul 1989.

In this Act, unless context otherwise requires,--

1[(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 a person suffering from any physical defect or disability, and used solely by or for such person;

(1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;

(1B) "area", in relation to any provision of this Act, 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 semitrailer is attached;

(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;

(4) "certificate of registration" means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV;

2[(4A) "community service" means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;]

(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;

(6) "conductor's licence" means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor;

(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 anywhere during the journey, and includes--

(i) a maxicab; and

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

(8) "dealer" includes a person who is engaged--

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(b) in building bodies for attachment to chassis; or

(c) in the repair of motor vehicles; or

(d) in the business of hypothecation, leasing or hire-purchase of motor vehicle;

(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;

4[(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 drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;

(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;

4[(12A) "golden hour" means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;]

(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 for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;

(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;

(16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms;

(17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;

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(19) "learner's licence" means the licence issued by a competent authority under Chapter II authorising 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;

(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 6[7500] kilograms;

7[(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 vehicle;

(24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 8[adapted vehicle], light motor vehicle or heavy passenger motor vehicle;

(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 8[adapted carriage];

(27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;

(28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion 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 or a vehicle having less than four wheels fitted with engine capacity of not exceeding 9[twenty-five cubic centimetres];

(29) "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;

(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 under this Act authorising the use of a motor vehicle as a transport vehicle;

(32) "prescribed" means prescribed by rules made under this Act;

(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 passengers are picked up or set down by a stage carriage;

(35) "public service vehicle" 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;

(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 which specifies the highway which may be traversed by a motor vehicle between one terminus and another;

10[(38A) "scheme" means a scheme framed under this Act;]

11[(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 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 paid by or for individual passengers, either for the whole journey or for stages of the journey;

(41) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution;

(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 Governments, or by the Central Government and one or more State Governments;

12[(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 passengers or goods or both by road for hire or reward;

10[(42A) "testing agency" means any entity designated as a testing agency under section 110B;]

(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 than equipment used for the purpose of propulsion); but excludes a road-roller;

(45) "traffic signs" includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles;

(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 parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body;

(49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 10[or moves].

Section 2, 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

  1. s. 19 Power of licensing authority to disqualify from holding a driving licence or revoke such licence
  2. s. 52 Alteration in motor vehicle
  3. s. 110B Type of approval certificate and testing agencies
  4. Road Transport Corporations Act s. 3 Establishment of Road Transport Corporations in the States

Referred to by 6

  1. Arunachal Pradesh Entry Tax Act s. 2 Definitions
  2. Arunachal Pradesh Goods and Services Tax Act s. 2
  3. Haryana Mechanical Vehicles (Levy of Tolls) Act s. 2 Definitions
  4. Himachal Pradesh Value Added Tax Act s. 33 Power of survey
  5. Manipur Goods and Services Tax Act s. 2 Definitions
  6. Mizoram Entry Tax Act s. 2 Definitions

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.

  1. Naveen Kumar v. Vijay Kumar

    Supreme Court of India 06 Feb 2018 Binding (Supreme Court) Reportable (2018) 3 SCC 41

    Court's Decision & Legal Precedent

    REPORTABLE Chandrachud J. (Misra CJI, Khanwilkar J.), 6 Feb 2018, CA 1427/2018. Use Judgement of Main Case order-24.pdf, not same-date order-25 ROP. MCP flagged WRONG DOCUMENT (2009/2007/2008 accident-sale dates extracted from facts) but the body is this 2018 owner-liability judgment. MV Act s.2(30) 'owner' means the person in whose name the vehicle stands registered (exceptions: minor; hire-purchase/lease/hypothecation). A chain of unregistered sales does not absolve the registered owner. s.50 transfer-of-ownership duties exist so victims are not left to follow an unregistered trail. Map only existing IndiaCode units (2, 50); do not invent 163A.

    On this section: s.2(30) 'owner' means the person in whose name the vehicle stands registered (exceptions: minor; hire-purchase/lease/hypothecation). Unregistered sales do not shift that status.

    Read the full order on eCourts India

  2. Chairman, R. S. R. T. C. vs Santosh

    Supreme Court of India 10 May 2013 Binding (SC) - Landmark precedent establishing nationwide binding interpretation Reportable

    Court's Decision & Legal Precedent

    A vehicle is a motor vehicle under Section 2(28) of the Motor Vehicles Act, 1988 if it is mechanically propelled and adapted for use upon roads, regardless of its primary purpose or actual use. The test is the vehicle's suitability for road use and mechanical propulsion, not whether it is primarily used for agriculture or other purposes. Accordingly, Jugaads are motor vehicles subject to all provisions of the Act including registration, insurance, and driver licensing requirements, unless specifically exempted by state notification for vehicles exclusively used for agricultural purposes with appropriate specifications. This classification is enforceable through statutory authority actions, and the Supreme Court may issue directions to ensure compliance with existing law to address public safety concerns and legislative gaps.

    On this section: Comprehensive definition of 'motor vehicle' requiring all mechanically propelled vehicles adapted for use on roads to fall within the Act unless specifically excepted. Court held that the word 'only' in the exception clause clearly limits exclusions to vehicles exclusively used in factories or closed premises.

    Read the full order on eCourts India

  3. Commissioner of Com. Taxes, Tvm vs Ktc Automobiles

    Supreme Court of India 29 Jan 2016 Binding (SC) Reportable

    Court's Decision & Legal Precedent

    In the case of motor vehicles, although registration is technically a post-sale event, in practical terms the sale is co-terminus with registration because the dealer cannot lawfully deliver possession to the purchaser until the vehicle reaches the registering authority's office for inspection and registration. Motor vehicles remain unascertained goods until appropriation occurs at the registration office. Therefore, the situs of sale of a motor vehicle is at the location of the registration authority where the vehicle is registered, not at the location of the dealer's office. Property in the motor vehicle passes to the buyer when possession is handed over at or near the registration office in a deliverable and registrable state. For purposes of sales tax, the sale is deemed to occur at the place of registration.

    On this section: Defines 'manufacturer' as person engaged in manufacture of motor vehicles

    Read the full order on eCourts India

  4. L. M. L. LTD vs The State of Bihar State of Bihar

    Supreme Court of India 14 Dec 2018 Binding (SC)

    Court's Decision & Legal Precedent

    Manufacturers and dealers of motor vehicles are liable to pay tax under Section 6 of the Bihar Motor Vehicles Taxation Act, 1994 on vehicles in their possession during the course of business, as such vehicles are suitable for use on roads and fall within the taxing power of the State Legislature under Entry 57 of List II of the Seventh Schedule to the Constitution. The amendment to the Motor Vehicles Act, 1988 excluding manufacturers from the definition of 'dealer' does not affect this liability as the Bihar Act separately provides for taxation of both manufacturers and dealers. Penalty for non-payment of tax within the prescribed period is mandatory under Section 23 of the Act and cannot be waived on the ground of bona fide belief that the party was not liable to pay tax.

    On this section: Definition of 'dealer' as amended by Act 54 of 1994, excluding manufacturers from the definition

    Read the full order on eCourts India

  5. R. K. Automotives Etc vs The State of Jharkhand State of Jharkhand Chief Secretary

    Supreme Court of India 14 Dec 2018 Binding (SC)

    Court's Decision & Legal Precedent

    Manufacturers and dealers of motor vehicles are liable to pay tax under Section 6 of the Bihar Motor Vehicles Taxation Act, 1994 on vehicles in their possession in the course of their business, at the rates specified in Schedule III, which is a separate tax obligation from taxes under Sections 5 and 7(4). The State Legislature has constitutional competence under Entry 57 of List II to impose such tax on vehicles suitable for use on roads. Penalty for non-payment of tax within the prescribed period is mandatory under Section 23 of the Act and is not discretionary, and bona fide belief regarding tax liability is not a defense against penalty imposition when the statutory obligation has been upheld by courts and show cause notice has been issued.

    On this section: Definition of 'dealer'; amendment vide Act 54 of 1994 excluding manufacturers analyzed to determine its relevance to Bihar Act

    Read the full order on eCourts India

  6. Uber India Systems Private Limited vs Union of India

    Supreme Court of India 13 Feb 2023 Persuasive (Other HC) - Non-Binding Procedural

    Court's Decision & Legal Precedent

    The statutory requirement for aggregator licensing under Section 93(1) Motor Vehicles Act 1988 cannot be suspended or indefinitely deferred even when State rules remain in draft form, but the Court may grant reasonable timelines for compliance and ensure procedurally fair opportunity for applicants to address licensing conditions through representation to the regulator, with provision for judicial review of grievances if State action remains unreasonable.

    On this section: Definition of aggregator as digital intermediary or marketplace for passenger-driver connection for transportation purposes

    Read the full order on eCourts India

  7. Fahim Ahmad vs United India Insurance Co. Ltd.

    Supreme Court of India 25 Mar 2014 Binding (Supreme Court) Marked not reportable

    Court's Decision & Legal Precedent

    An insurance company cannot escape liability for compensation in a motor accident claim by merely pleading that the insured vehicle was used in breach of policy conditions. Such breach must be substantiated through positive evidence adduced during trial or before the tribunal. Mere carriage of materials (including sand) by an agricultural vehicle does not, without more, constitute commercial use or use for hire and reward as contemplated under Section 149(2)(a)(i)(a) of the Motor Vehicles Act, 1988. In the absence of such substantiating evidence, the presumption favors the insured, and the insurance company remains fully liable for compensation awarded by the Motor Accident Claims Tribunal.

    On this section: Defines 'goods carriage'. Court noted that a tractor fitted with a trailer may or may not answer this definition depending on the nature of use, not merely the fact of carrying goods

    Read the full order on eCourts India

  8. National Insurance Co. Ltd. vs Shri. Ammeruddin Ismail Dukandar

    High Court 22 Oct 2013 Persuasive (Other High Court)

    Court's Decision & Legal Precedent

    Possession of a valid driving licence is a fundamental prerequisite and the essential link for the development of the jural relationship between the claimant and the insurance company in motor accident compensation claims. When an application is filed seeking direction to produce a driving licence, the court must issue a proper order directing production, and the Tribunal must verify compliance before awarding compensation. Failure to do so constitutes a prima facie error requiring remand for fresh consideration.

    On this section: Cited in relation to the definition and requirements regarding driving licence and vehicle operation

    Read the full order on eCourts India

  9. The Commissioner of Income Tax - Central Ii Mumbai vs Shah Rukh Khan

    High Court 29 Aug 2011 Persuasive (Other HC)

    Court's Decision & Legal Precedent

    The definition of 'commercial vehicle' for the purpose of claiming 50% depreciation under Rule III(2)(iid) of Appendix I of the IT Rules includes any motor car with an unladen weight not exceeding 7,500 kilograms, irrespective of its personal registration.

    On this section: Definition of vehicles, though the court focused on IT Rule definitions.

    Read the full order on eCourts India

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.

Made under this section, and citing it

23 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

Another 9 instruments name this provision in its title or its text without being made under it.

All subordinate legislation

Questions about Section 2

What have the courts held on Section 2 of the Motor Vehicles Act?

Naveen Kumar v. Vijay Kumar (06 Feb 2018) is the leading judgment on this section among those set out below: s.2(30) 'owner' means the person in whose name the vehicle stands registered (exceptions: minor; hire-purchase/lease/hypothecation). Unregistered sales do not shift that status. Another 8 judgments on this section are set out below, 7 of them from the Supreme Court. They run from 2011 to 2023.

How do I find court cases under Section 2 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 2, section 2 MV Act, section 2 of the Motor Vehicles Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 9 reported judgments on this section are set out on this page, beginning with Naveen Kumar v. Vijay Kumar (06 Feb 2018).

What should I read with Section 2 of the Motor Vehicles Act, and has it changed?

Its own text turns on section 19 (Power of licensing authority to disqualify from holding a driving licence or revoke such licence), section 52 (Alteration in motor vehicle), section 110B (Type of approval certificate and testing agencies), Road Transport Corporations Act 3 (Establishment of Road Transport Corporations in the States), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there are 23: most recently SO 3627(E) 3rd September 2021 National Road safety board (2021), then draft GSR 528(E) dated 2nd August 2021 Claims Tribunal investigation (2021), and 21 more.

When did Section 2 of the Motor Vehicles Act come into force?

Section 2 of the Motor Vehicles Act, cited as MV Act 2, 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

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 14 Oct 2026. This page is not a substitute for legal advice.