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New Developments
There has been important suggestions made by the Transport Development Council
relate to, are the introduction of newertype of vehicles and fast increasing number of
both commercial and personal vehicles in the country. Providing adequate
compensation to victims of road accidents without going into longdrawn procedure,
Protecting consumers interest in Transport Sector, concern for road safety
standards, transport of hazardous chemicals and pollution controldelegation of
greater powers to State Transport Authorities and rationalising the role of public
authorities in certain matters, the simplification of procedures and policy
liberalisation in the field of Road Transport,enhancing penalties for traffic offenders.
Report had recommended that every application for a claim be made 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 within the local limits of whose jurisdiction the defendant
resides, at the option of the claimant.The bill also makes necessary provision to give
effectto the said recommendation.
Conclusion
The Motor Vehicle Act 1988 suggests various rules and regulation for the public and it has
a huge importance in the traffic regulation, so that the system goes systematically and in a
proper way. If any of the rules are violated there are serious punishments. This Act
ensures everyone gets treated in a fair manner and to avoid disaster accidents.
Some of the important provisions of Indian Motor Vehicles Act which the
general public must know are given below:
Section 3: It is an offence to drive a vehicle without Driving Licence.
Section 4: Age limit for obtaining driving licence Two Wheelers below 50 CC -16 years
Other Motor Vehicles - 18 years
Transport Vehicle - 20 years
Section 5: Owner not to allow any person to drive the vehicle without
Driving Licence ( D.L ). Example - If son/daughter is driving a vehicle owned
by parent without D.L, parent can be prosecuted, though the parent may not
be present at the time of the offence.
Section 19: The Regional Transport Officer (RTO) can disqualify persons
from holding driving licence or revoke the same if the person
- is a habitual criminal or habitual drunkard
- is a habitual addict to any narcotic drug or psychotropic substance within
the meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61
of 1985)
- is using or has used a motor vehicle in the commission of a cognizable
offence
- has by his previous conduct as driver of a motor vehicle shown that his
driving is likely to be attended with danger to the public
- has committed any such act which is likely to cause nuisance or danger to
the public.
Section 127:
i) If a vehicle is left unattended on a public place for more than 10 hours or
found parked in a No Parking Zone, it can be ordered to be towed away by a
jurisdictional Police Officer in uniform
ii) If a vehicle is parked unattended in such a manner as to create a traffic
hazard, it can be immediately removed by towing as ordered by any
jurisdictional Police Officer
iii) The charges of towing away have to be paid by the owner besides any
other penalty
Section 128: Carrying more than one pillion rider on a two-wheeler is an
offence.
Section 129: It is mandatory to wear a helmet of ISI standard while riding a
motor cycle in public place. However, the State Government can make rules
as it may think fit. There are decided cases in the Courts that any act aimed
at doing good is not violative of any fundamental right.
Section 130: The driver of a motor vehicle in any public place shall, on
demand by any Police Officer in uniform, produce his Driving Licence,
Registration Certificate, Insurance Certificate, Fitness Certificate and the
Permit can be demanded in this manner by Officers of Motor Vehicles
Department only.
Section 133: It is the duty of the owner of a Motor Vehicle which is involved
in any offence to give all information regarding the name and address of and
the licence held by the driver or the conductor on demand by any Police
Officer.
Section 136: All vehicles involved in road accidents have to be inspected by
the authorised Officers of Motor Vehicles Department.
---------------------------------------------------------------------------------Section 140: Where death or permanent disablement of any person has
resulted from a road accident, the owner of the vehicle involved shall be
liable to pay compensation in respect of such death or disablement
irrespective of his/her fault. The compensation for death shall be Rs.
50,000/- and for permanent disablement Rs. 25,000/-.
In such claims, the claimant shall not be required to plead and establish that
the death or permanent disablement was due to any wrongful act, neglect or
default of the owner of the vehicle involved. The claim shall not be defeated
Section 189: Whoever without the written consent of the State Government
permits or takes part in a race or trial of speed of any kind between motor
vehicles in any public place shall be punishable with imprisonment for a term
which may extend to one month or with a fine which may extend to five
hundred rupees or with both.
Section 190: Punishment for violation of the standards prescribed in relation
to road safety, control of noise and air pollution is fine amount upto
Rs.1000/- for the first offence and Rs. 2000/- for the subsequent offence.
Section 192: Using a vehicle without registration can result in minimum fine
amount of Rs. 2000/- and maximum upto Rs. 5000/-. For subsequent
offence, the fine amount can be upto Rs. 10,000/- with a minimum of Rs.
5000/The punishment is not applicable for vehicles used in an emergency for the
conveyance of persons suffering from sickness or injuries or for the
transportation of food or material to relieve distress or of medical supplies for
a like purpose.
Section 192(a): Using vehicle in contravention of permit condition can result
in fine upto Rs. 5000/- but not less than Rs. 2000/- for the first offence and
imprisonment upto 1 year but not less than 3 months or with fine amount
upto Rs. 10,000/- but not less than Rs. 5000/- or both for the subsequent
offence.
Section 194: Driving vehicle exceeding permissible weight can result with a
punishment of Rs. 2000/- and an additional amount of Rs. 1,000/- per tonne
of excess load together with the liability to pay charges of off-loading the
excess load.
Section 196: Driving uninsured vehicle can result in punishment in
imprisonment upto 3 months or fine upto Rs. 1000/- or both.
Section 197: Whoever takes or drives away any motor vehicle without
having either the consent of the owner thereof or other lawful authority shall
be punishable with imprisonment which may extend to three months or with
fine which may extend to five hundred rupees or with both.
Section 200: The offence under the following sections can be compounded
by the Police Officers:
Sections 177, 178, 179, 180, 181, 182, 183, 184, 186, 189, 190, 191, 192,
194, 196 or 198.
Section 201: Whoever keeps a disabled vehicle on any public place in such
a manner so as to cause impediment to the free flow of traffic, shall be liable
for penalty upto to fifty rupees per hour so long as it remains in that position.
Section 202:
i) A Police Officer in uniform may arrest without warrant any person who in
his presence commits an offence punishable under Section 184 (dangerous
driving) or Section 185 (drunken driving) or Section 197 (taking vehicle
without authority).
ii) A Police Officer in uniform may arrest without warrant any person who has
committed an offence under this Act, if such person refuses to give his name
and address.
Section 203: If a person required by a Police Officer to provide a specimen
of breath for a breath test, refuses or fails to do so and the Police Officer has
reasonable cause to suspect him of having alcohol in his blood, the Police
Officer may arrest him without warrant except while he is at a hospital as an
indoor patient.
Section 206:
1) Any Police Officer or other person authorised in this behalf by the State
Government may if he has reason to believe that any identification mark
carried on a motor vehicle or any licence, permit, certificate of registration,
certificate of insurance or other document produced to him by the driver or
person in charge of a motor vehicle is a false document within the meaning
of Section 464 of the Indian Penal Code, seize the mark or document and call
upon the driver or owner of the vehicle to account for his possession of or
the presence in the vehicle of such mark or document.
2) Any Police Officer or other person authorised in this behalf by the State
Government may, if he has reason to believe that the driver of a motor
vehicle who is charged with any offence under this Act may abscond or
otherwise avoid the service of a summons, seize any licence held by such
driver and forward it to the Court.
3) A Police Officer or other person seizing a licence under sub-section (2)
shall give to the person surrendering the licence a temporary
acknowledgement therefore and such acknowledgement shall authorise the
holder to drive until the licence has been returned to him or until such date
as may be specified by the Police Officer or other person in the
acknowledgement, whichever is earlier.
Section 207: Any Police Officer or other person authorised in this behalf by
the State Government may, if he has reason to believe that a motor vehicle
has been or is being used in contravention of the provisions of Section 3 or
Section 4 or Section 39 or without the permit required by sub-section (1) of
Section 66 or in contravention of any condition of such permit relating to the
route on which or the area in which or the purpose for which the vehicle may
be used, seize and detain the vehicle, in the prescribed manner and for this
purpose, take or cause to be taken any steps he may consider proper for the
temporary safe custody of the vehicle.