Search Results on rules for query: "THE CENTRAL MOTOR VEHICLES RULES, 1989, (1-164)"
Related Section(s)Where the suspension of
registration of a vehicle under section 53 has continued without interruption for a period of not less than
six months, the registering authority within whose jurisdiction the vehicle was when the registration was
suspended, may, if it is the original registering authority, cancel the registration, and if it is not the
original registering authority, shall forward the certificate of registration to that authority which may
cancel the registration.
The Central Government may, by notification in the Official Gazette,
make regulations for the driving of motor vehicles.
(1) No person shall, while he holds any driving
licence for the time being in force, hold any other driving licence except a learner’s licence or a driving
licence issued in accordance with the provisions of section 18 or a document authorising, in accordance
with the rules made under section 139, the person specified therein to drive a motor vehicle.
(2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person. (3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving licence authorises the holder to drive. (1)
Where an application for registration of a motor vehicle which is held under a hire-purchase, lease or
hypothecation agreement (hereafter in this section referred to as the said agreement) is made, the
registering authority shall make an entry in the certificate of registration regarding the existence of the
said agreement.
(2) Where the ownership of any motor vehicle registered under this Chapter is transferred and the transferee enters into the said agreement with any person, the 1[last registering authority] shall, on receipt of an application in such form as the Central Government may prescribe from the parties to the said agreement, make an entry as to the existence of the said agreement in the certificate of registration 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (3) Any entry made under sub-section (1) or sub-section (2), may be cancelled by the 1[last registering authority] on proof of the termination of the said agreement by the parties concerned on an application being made in such form as the Central Government may prescribe 2[and an intimation in this behalf shall be sent to the original registering authority if the last registering authority is not the original registering authority]. (4) No entry regarding the transfer of ownership of any motor vehicle which is held under the said agreement shall be made in the certificate of registration except with the written consent of the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement. (5) Where the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the said agreement, satisfies the registering authority that he has taken possession of the vehicle 3[from the registered owner] owing to the default of the registered owner under the provisions of the said agreement and that the registered owner refuses to deliver the certificate of registration or has absconded, such authority may, after giving the registered owner an opportunity to make such representation as he may wish to make (by sending to him a notice by registered post acknowledgement due at his address entered in the certificate of registration) and notwithstanding that the certificate of registration is not produced before it, cancel the certificate and issue a fresh certificate of registration in the name of the person with whom the registered owner has entered into the said agreement: Provided that a fresh certificate of registration shall not be issued in respect of a motor vehicle, unless such person pays the prescribed fee: Provided further that a fresh certificate of registration issued in respect of a motor vehicle, other than a transport vehicle, shall be valid only for the remaining period for which the certificate cancelled under this sub-section would have been in force. (6) The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark 4[under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate). Explanation.-- For the purposes of this sub-section and sub-sections (8) and (9), "appropriate authority" in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark. (7) Within seven days of the receipt of an application under sub-section (6), the financier may issue, or refuse for reasons which shall be recorded in writing and communicated to the applicant, to issue, the certificate applied for and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier. (8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received from the financier under that sub-section, or, as the case may be a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section. (9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act,-- (a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either-- (i) renew or refuse to renew the permit, or (ii) issue or refuse to issue the duplicate certificate of registration, or (iii) assign or refuse to assign a new registration mark; (b) in any other case, (i) renew the permit, or (ii) issue duplicate certificate of registration, or (iii) assign a new registration mark. (10) A registering authority making an entry in the certificate of registration regarding-- (a) hire-purchase, lease or hypothecation agreement of a motor vehicle, or (b) the cancellation under sub-section (3) of an entry, or (c) recording transfer of ownership of motor vehicle, or (d) any alteration in a motor vehicle, or (e) suspension or cancellation of registration of a motor vehicle, or (f) change of address, shall communicate 5[by registered post acknowledgment due] to the financier that such entry has been made. 6[(11) A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction. (12) The registering authority where it is not the original registering authority, when making entry under sub-section (1) or sub-section (2), or cancelling the said entry under sub-section (3) or issuing the fresh certificate of registration under sub-section (5) shall communicate the same to the original registering authority.]
1. Subs. by Act 54 of 1994, s. 14, for "original registering authority" (w.e.f. 14-11-1994).
2. Added. by s. 14, ibid. (w.e.f. 14-11-1994). 3. Ins. by s. 14, ibid. (w.e.f. 14-11-1994). 4. Subs. by Act 54 of 1994, s. 14, for "under section 47, make an application" (w.e.f. 14-11-1994). 5. Ins. by Act 54 of 1994, s.14 (w.e.f. 14-11-1994). 6. Subs. by s.14, ibid., for sub-section (11) (w.e.f. 14-11-1994). (1) No owner of a motor vehicle shall use or permit the use of the
vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any
passengers or goods save in accordance with the conditions of a permit granted or countersigned by a
Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle
in that place in the manner in which the vehicle is being used:
Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not: Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him. 1[Provided also that where a transport vehicle has been issued any permit or permits, as well as a licence under this Act, such vehicle may be used either under the permit, or permits, so issued to it, or under such licence, at the discretion of the vehicle owner.] (2) The holder of a goods carriage permit may use the vehicle, for the drawing of any public or semitrailer not owned by him, subject to such conditions as may be prescribed. 2[Provided that the holder of a permit of any articulated vehicle may use the prime-mover of that articulated vehicle for any other semi-trailor.] (3) The provisions of sub-section (1) shall not apply-- (a) to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise; (b) to any transport vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes; (c) to any transport vehicle used solely for police, fire brigade or ambulance purposes; (d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses; (e) to any transport vehicle used for towing a disabled vehicle or for removing goods from a disabled vehicle to a place of safety; (f) to any transport vehicle used for any other public purpose as may be prescribed by the State Government in this behalf; (g) to any transport vehicle used by a person who manufactures or deals in motor vehicles or builds bodies for attachment to chassis, solely for such purposes and in accordance with such conditions as the Central Government may, by notification in the Official Gazette, specify in this behalf; 3* * * * * (i) to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms; (j) subject to such conditions as the Central Government may, by notification in the Official Gazette, specify, to any transport vehicle purchased in one State and proceeding to a place, situated in that State or in any other State, without carrying any passenger or goods; (k) to any transport vehicle which has been temporarily registered under section 43 while proceeding empty to any place for the purpose of registration of the vehicle; 4* * * * * (m) to any transport vehicle which, owing to flood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is required to be diverted through any other route, whether within or outside the State, with a view to enabling it to reach its destination; (n) to any transport vehicle used for such purposes as the Central or State Government may, by order, specify; (o) to any transport vehicle which is subject to a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, the person with whom the owner has entered into such agreement, to enable such motor vehicle to reach its destination; or (p) to any transport vehicle while proceeding empty to any place for purpose of repair. 5[(q) to any transport vehicle having been issued a licence under a scheme, under sub-section (3) of section 67 or sub-section (1) of section 88A, or plying under such orders as may be issued by the Central Government or by the State Government.](4) Subject to the provisions of sub-section (3), sub-section (1) shall if the State Government by rule made under section 96 so prescribes, apply to any motor vehicle adapted to carry more than nine persons excluding the driver.
1. Ins. by s. 29, ibid. (w.e.f. 1-9-2019).
2. Added by Act 54 of 1994, s. 20 (w.e.f. 14-11-1994). 3. Cl. (h) omitted by Act 27 of 2000, s. 4 (w.e.f. 11-8-2000). 4. Cl. (l) omitted by Act 39 of 2001, s. 2 (w.e.f. 27-9-2001). 5. Ins. by Act 32 of 2019, s. 29 (w.e.f. 1-9-2019). (1) When a motor
vehicle registered in one State has been kept in another State, for a period exceeding twelve months, the
owner of the vehicle shall, within such period and in such form containing such particulars as may be
prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the
vehicle then is, for the assignment of a new registration mark and shall present the certificate of
registration to that registering authority:
Provided that an application under this sub-section shall be accompanied- (i) by the no objection certificate obtained under section 48, or (ii) in a case where no such certificate has been obtained, by-- (a) the receipt obtained under sub-section (2) of section 48; or (b) the postal acknowledgement received by the owner of the vehicle if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted: Provided further that, in a case where a motor vehicle is held under a hire-purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, so far as may be, regarding obtaining of such certificate from the person with whom such agreement has been entered into, shall apply. (2) The registering authority, to which application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of the registration of the vehicle from the records of that registering authority to its own records. (3) Where a motor vehicle is held under a hire-purchase or lease or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire-purchase or lease or hypothecation agreement (by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration the fact of assignment of the said registration mark). (4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed. (5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7): Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount. (6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177. (7) For the purposes of sub-section (5), the State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1). (1) Such
authority as may be prescribed by the Central Government may issue driving licence valid throughout
India to persons who have completed their eighteenth year to drive motor vehicles which are the property
or for the time being under the exclusive control of the Central Government and are used for Government
purposes relating to the defence of the country and unconnected with any commercial enterprise.
(2) A driving licence issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled. (3) A driving licence issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred to in sub-section (1). (4) The authority issuing any driving licence under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving licence is issued as that Government may at any time require. (1) A person in respect of whom any disqualification order is
made under section 19 or section 20 shall be debarred to the extent and for the period specified in such
order from holding or obtaining a driving licence and the driving licence, if any, held by such person at
the date of the order shall cease to be effective to such extent and during such period.
(2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs. (3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order: Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal. (1) The owner of a motor vehicle when applying for the assignment of
a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to
be effected in a State other than the State of its registration, the transferor of such vehicle when reporting
the transfer under sub-section (1) of section 50, shall make an application in such form and in such
manner as may be prescribed by the Central Government to the registering authority by which the vehicle
was registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection for assigning a new registration
mark to the vehicle or, as the case may be, for entering the particulars of the transfer of ownership in the
certificate of registration.
(2) The registering authority shall, on receipt of an application under sub-section (1), issue a receipt in such form as may be prescribed by the Central Government. (3) On receipt of an application under sub-section (1), the registering authority may, after making such inquiry and requiring the applicant to comply with such directions as it deems fit and within thirty days of the receipt thereof, by order in writing, communicate to the applicant that it has granted or refused to grant the no objection certificate: Provided that a registering authority shall not refuse to grant the no objection certificate unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant. (4) Where within a period of thirty days referred to in sub-section (3), the registering authority does not refuse to grant the no objection certificate or does not communicate the refusal to the applicant, the registering authority shall be deemed to have granted the no objection certificate. (5) Before granting or refusing to grant the no objection certificate, the registering authority shall obtain a report in writing from the police that no case relating to the theft of the motor vehicle concerned has been reported or is pending, verify whether all the amounts due to Government including road tax in respect of that motor vehicle have been paid and take into account such other factors as may be prescribed by the Central Government. 1[(6) The owner of the vehicle shall also inform at the earliest, in writing, the registering authority about the theft of his vehicle together with the name of the police station where the theft report was lodged, and the registering authority shall take into account such report while disposing of any application for no objection certification, registration, transfer of ownership or issue of duplicate registration certificate.]
1. Ins. by Act 54 of 1994, s. 13 (w.e.f. 14-11-1994).
(1) If the owner of a motor vehicle ceases to reside
or have his place of business at the address recorded in the certificate of registration of the vehicle, he
shall, within thirty days of any such change of address, intimate in such form accompanied by such
documents as may be prescribed by the Central Government, his new address, to the registering authority
by which the certificate of registration was issued, or, if the new address is within the jurisdiction of
another 1[State, to any registering authority in that State], and shall at the same time forward the
certificate of registration to the registering authority or, as the case may be, to the other registering
authority in order that the new address may be entered therein.
2[(1A) The intimation under sub-section (1) may be sent to the appropriate registering authority in electronic form along with the electronic form of such documents, including proof of authentication in such manner as may be prescribed by the Central Government.] (2) If the owner of a motor vehicle fails to intimate his new address to the concerned registering authority within the period specified in sub-section (1), the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding 3[five hundred rupees] as may be prescribed under sub-section (4): Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount. (3) Where a person has paid the amount under sub-section (2), no action shall be taken against him under section 177. (4) For the purposes of sub-section (2), a State Government may prescribe different amounts having regard to the period of delay in intimating his new address. (5) On receipt of intimation under sub-section (1), the registering authority may, after making such verification as it may think fit, cause the new address to be entered in the certificate of registration. (6) A registering authority other than the original registering authority making any such entry shall communicate the altered address to the original registering authority. (7) Nothing in sub-section (1) shall apply where the change of the address recorded in the certificate of registration is due to a temporary absence not intended to exceed six months in duration or where the motor vehicle is neither used nor removed from the address recorded in the certificate of registration.
1. Subs. by Act 32 of 2019, s. 20, for "registering authority, to that other registering authority" (w.e.f. 1-9-2019).
2. Ins. by s. 20, ibid. (w.e.f. 1-9-2019).
3. Subs. by s. 20, ibid., for "one hundred rupees" (w.e.f. 1-9-2019).
(1) A permit other than a temporary permit issued under
section 87 or a special permit issued under sub-section (8) of section 88 shall be effective 1[from the date
of issuance or renewal thereof] for a period of five years:
Provided that where the permit is countersigned under sub-section (1) of section 88, such countersignature shall remain effective without renewal for such period so as to synchronise with the validity of the primary permit. (2) A permit may be renewed on an application made not less than fifteen days before the date of its expiry. (3) Notwithstanding anything contained in sub-section (2), the Regional Transport Authority or the State Transport Authority, as the case may be, may entertain an application for the renewal of a permit after the last date specified in that sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified. (4) The Regional Transport Authority or the State Transport Authority, as the case may be, may reject an application for the renewal of a permit on one or more of the following grounds, namely:-- (a) the financial condition of the applicant as evidenced by insolvency, or decrees for payment of debts remaining unsatisfied for a period of thirty days, prior to the date of consideration of the application; (b) the applicant had been punished twice or more for any of the following offences within twelve months reckoned from fifteen days prior to the date of consideration of the application committed as a result of the operation of a stage carriage service by the applicant, namely: (i) plying any vehicle-- (1) without payment of tax due on such vehicle; (2) without payment of tax during the grace period allowed for payment of such tax and then stop the plying of such vehicle; (3) on any unauthorised route; (ii) making unauthorised trips: Provided that in computing the number of punishments for the purpose of clause (b), any punishment stayed by the order of an appellate authority shall not be taken into account: Provided further that no application under this sub-section shall be rejected unless an opportunity of being heard is given to the applicant. (5) Where a permit has been renewed under this section after the expiry of the period thereof, such renewal shall have effect from the date of such expiry irrespective of whether or not a temporary permit has been granted under clause (d) of section 87, and where a temporary permit has been granted, the fee paid in respect of such temporary permit shall be refunded.
1. Subs. by s. 26, ibid., for "without renewal" (w.e.f. 14-11-1994).
(1) 1
[Any officer of the Motor Vehicles Department
authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or
trailor is being used in contravention of section 113] require the driver to convey the vehicle to a
weighing device, if any, within a distance of ten kilometres from any point on the forward route or within
a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such
weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding
weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not
to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or
trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the
driver shall comply with such directions.
(2) Where the person authorised under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.
1. Subs. by s. 35, ibid., for certain words and figures (w.e.f. 14-11-1994).
(1) The driver of a motor vehicle in
any public place shall, on demand by any police officer in uniform, produce his licence for examination:
Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the police officer making the demand. 1[(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.] 2[(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. Explanation.-- For the purposes of this sub-section, "certificate of insurance" means the certificate issued under sub-section (3) of section 147.] (4) If the licence referred to in sub-section (2) or the certificates or permit referred to in sub-section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the licence or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.
1. Subs. by s. 39, ibid., for sub-section (2) (w.e.f. 14-11-1994).
2. Subs. by s. 39, ibid., for sub-section (3) (w.e.f. 14-11-1994). (1) The driver of a motor vehicle shall cause the
vehicle to stop and remain stationary so long as 1[may for such reasonable time as may be necessary, but
not exceeding twenty-four hours]--
2[(a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or] (b) when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable, or 3* * * * * and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address. (2) The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184 give his name and address to that person. (3) In this section the expression "animal" means any horse, cattle, elephant, camel, ass, mule, sheep or goat.
1. Subs. by Act 54 of 1994, s. 40, for "may reasonably be necessary" (w.e.f. 14-11-1994).
2. Subs. by s. 40, ibid., for clause (a) (w.e.f. 14-11-1994). 3. Clause (c) omitted by s. 40, ibid. (w.e.f. 14-11-1994). When any person is injured or any
property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the
driver of the vehicle or other person in charge of the vehicle shall--
(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, 1[by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], unless the injured person or his guardian, in case he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence. 2[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:--- (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. Explanation.--For the purposes of this section the expression driver includes the owner of the vehicle.]
1. Subs. by s. 41, ibid., for "and if necessary, convey him to the nearest hospital" (w.e.f. 14-11-1994).
2. Ins. by Act 54 of 1994, s. 41 (w.e.f. 14-11-1994). Whoever abets the commission of an offence
under section 184, section 185 or section 186 shall be punishable with the punishment provided for the
offence.
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 1[three months], or with fine 2[of
five thousand rupees], or with both 3[and for a subsequent offence shall be punishable with imprisonment
for a term which may extend to one year, or with fine of ten thousand rupees; or with both.]
1. Subs. by s. 71, ibid., for “one month” (w.e.f. 1-9-2019).
2. Subs. by s. 71, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 3. Ins. by s. 71, ibid. (w.e.f. 1-9-2019). (1) Whoever, drives 1[or causes any person who is employed
by him or subjects someone under his control to drive] a motor vehicle in contravention of the speed
limits referred to in section 112 shall be punishable 2[in the following manner, namely:--
(i) where such motor vehicle is a light motor vehicle with fine which shall not be less than one thousand rupees but may extend to two thousand rupees; (ii) where such motor vehicle is a medium goods vehicle or a medium passenger vehicle or a heavy goods vehicle or a heavy passenger vehicle with fine which shall not be less than two thousand rupees, but may extend to four thousand rupees; and (iii) for the second or any subsequent offence under this sub-section the driving licence of such driver shall be impounded as per the provisions of the sub-section (4) of section 206.] 3* * * * * (3) No person shall be convicted of an offence punishable under sub-section (1) solely on the evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to be based on an estimate obtained by the use of some mechanical 4[or electronic] device. (4) The publication of a time table under which, or the giving of any direction that, any journey or part of a journey is to be completed within a specified time shall, if in the opinion of the Court it is not practicable in the circumstances of the case for that journey or part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prima facie evidence that the person who published the time table or gave the direction has committed an offence punishable under 5[sub-section (1)].
1. Ins. by Act 32 of 2019, s. 66 (w.e.f. 1-9-2019).
2. Subs. by s. 66, ibid., for the certain words (w.e.f. 1-9-2019). 3. Sub-section (2) omitted by s. 66, ibid. (w.e.f. 1-9-2019). 4. Ins. by s. 66, ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 66, ibid., for “sub-section (2)” (w.e.f. 1-9-2019). Whoever, drives a motor vehicle at a speed or in a manner which is
dangerous to the public 1[or which causes a sense of alarm or distress to the occupants of the vehicle,other road users, and persons near roads,] having regard to all the circumstances of case including the
nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually
is at the time or which might reasonably be expected to be in the place, shall be punishable for the first
offence with imprisonment for a term 2[which may extend to one year but shall not be less than six
months or with fine which shall not be less than one thousand rupees but may extend to five thousand
rupees, or with both], and for any second or subsequent offence if committed within three years of the
commission of a previous similar offence with imprisonment for a term which may extend to two years,
or with fine 3[of ten thousand rupees], or with both.
4[Explanation.-- For the purpose of this section,-- (a) jumping a red light; (b) violating a stop sign; (c) use of handheld communications devices while driving; (d) passing or overtaking other vehicles in a manner contrary to law; (e) driving against the authorised flow of traffic; or (f) driving in any manner that falls far below what would be expected of a competent and careful driver and where it would be obvious to a competent and careful driver that driving in that manner would be dangerous, shall amount to driving in such manner which is dangerous to the public.]
1. Ins. by s. 67, ibid. (w.e.f. 1-9-2019).
2. Subs. by Act 32 of 2019, s. 67, for “which may extend to six months, or with fine which may extend to one thousand rupees” (w.e.f. 1-9-2019). 3. Subs. by s. 67, ibid., for “which may extend to two thousand rupees” (w.e.f. 1-9-2019). 4. Ins. by s. 67, ibid. (w.e.f. 1-9-2019). Whoever drives a motor vehicle in any
public place when he is to his knowledge suffering from any disease or disability calculated to cause his
driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with
fine which may extend to 1[one thousand rupees] and for a second or subsequent offence with fine which
may extend to 2[two thousand rupees].
1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019).
2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). Whoever, while
driving, or attempting to drive, a motor vehicle,--
1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 2[or in any other test including a laboratory test,] or] (b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle. shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both. 6[Explanation.-- For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).]
1. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019). 3. Subs. by s. 68, ibid., for which may extend to two thousand rupees (w.e.f. 1-9-2019). 4. The words if committed within three years of the commission of the previous similar offence, omitted by s. 68, ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 68, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019). 6. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019). (1) Any person who drives or causes or allows to be driven
in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person
knows of or could have discovered by the exercise of ordinary care and which is calculated to render the
driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable
with fine 1[of one thousand five hundred rupees] or, if as a result of such defect an accident is caused
causing bodily injury or damage to property, with imprisonment for a term which may extend to three
months or with fine 2[of five thousand rupees], or with both 3[and for a subsequent offence shall be
punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand
rupees for bodily injury or damage to property].
(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with 4[imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months] and for any second or subsequent offence with 5[imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both]. (3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence 6[with a fine of ten thousand rupees and he shall be disqualified for holding licence for a period of three months], or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine 7[of twenty thousand rupees], or with imprisonment for a term which may extend to three years, or with both.
1. Subs. by s. 72, ibid., for which may extend to two hundred and fifty rupees (w.e.f. 1-9-2019).
2. Subs. by s. 72, ibid., for which may extend to one thousand rupees (w.e.f. 1-9-2019). 3. Ins. by s. 72, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 72, ibid., for a fine of one thousand rupees (w.e.f. 1-9-2019). 5. Subs. by s. 72, ibid., for a fine of two thousand rupees (w.e.f. 1-9-2019). 6. Subs. by s. 72, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019). 7. Subs. by Act 32 of 2019, s. 72, for “which may extend to five thousand rupees” (w.e.f. 1-9-2019). (1) Any licensing authority may, on application made to it, renew
a driving licence issued under the provisions of this Act with effect from the date of its expiry:
Provided that in any case where the application for the renewal of a licence is made 1[either one year prior to date of its expiry or within one year] after the date of its expiry, the driving licence shall be renewed with effect from the date of its renewal: Provided further that where the application is for the renewal of a licence to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learners licence. (2) An application for the renewal of a driving licence shall be made in such form and accompanied by such documents as may be prescribed by the Central Government. (3) Where an application for the renewal of a driving licence is made previous to, or not more than 2[one year] after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf. (4) Where an application for the renewal of a driving licence is made more than 1 [one year] after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government: Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3): Provided further that if the application is made more than 3[one year after the driving licence has ceased to be effective, the licensing authority shall] refuse to renew the driving licence, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of renewal to the authority which issued the driving licence.
1. Subs. by s. 10, ibid., for "more than thirty days" (w.e.f. 1-9-2019).
2. Subs. by Act 32 of 2019, s. 10, for "thirty days" (w.e.f. 1-9-2019). 3. Subs. by s. 10, ibid., for "five years after the driving licence has ceased to be effective, the licensing authority may" (w.e.f. 1- 9-2019). (1) No person shall drive a motor vehicle in any public place
unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no
person shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use or
rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically
entitles him so to do.
(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
1. Subs. by Act 54 of 1994, s. 3 for "a motor cab" (w.e.f. 14-11-1994).
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-- 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-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; 5* * * * * (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].
1. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019).
2. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 3. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 4. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 5. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 2, for 6000 (w.e.f. 14-11-1994). 7. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 8. Subs. by Act 32 of 2019, s. 2, for "invalid carriage" (w.e.f. 1-9-2019). 9. Subs. by Act 54 of 1994, s. 2, for "thirty-five cubic centimetres" (w.e.f. 14-11-1994). 10. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 11. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 12. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). (1) No person under the age of
eighteen years shall drive a motor vehicle in any public place:
Provided that 1[a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learners licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.
1. Subs. by Act 54 of 1994, s. 4, for "a motor cycle without gear" (w.e.f. 14-11-1994).
(1) A learner's licence issued under this Act
shall, subject to the other provisions of this Act, be effective for a period of six months from the date of
issue of the licence.
(2) A driving licence issued or renewed under this Act shall,-- (a) in the case of a licence to drive a transport vehicle, be effective for a period of 1[five years]: 2*** 3[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of 4[three years and renewal thereof shall be subject to such conditions as the Central Government may prescribe; and];] 5[(b) in the case of any other licence, subject to such conditions as the Central Government may prescribe, if the person obtaining the licence, either originally or on renewal thereof,-- (i) has not attained the age of thirty years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of forty years; or (ii) has attained the age of thirty years but has not attained the age of fifty years on the date of issue or, renewal thereof, be effective for a period of ten years from the date of such issue or renewal; or (iii) has attained the age of fifty years but has not attained the age of fifty-five years on the date of issue or, renewal thereof, be effective until the date on which such person attains the age of sixty years; or (iv) has attained the age of fifty-five years on the date of issue or as the case may be, renewal thereof, be effective for a period of five years from the date of such issue or renewal.] 6* * * * *
1. Subs. by Act 32 of 2019, s. 9, for "three years" (w.e.f. 1-9-2019).
2. The word "and" omitted by Act 54 of 1994, s. 9 (w.e.f. 14-11-1994). 3. Ins. by s. 9, ibid. (w.e.f. 14-11-1994). 4. Subs. by Act 32 of 2019, s. 9, for certain words (w.e.f. 1-9-2019). 5. Subs. by s. 9, ibid., for cl. (b) (w.e.f. 1-9-2019). 6. The proviso omitted by s. 9, ibid. (w.e.f. 1-9-2019). (1) Where the ownership of any motor vehicle registered under this
Chapter is transferred,--
(a) the transferor shall,-- (i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee; and (ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)-- (A) the no objection certificate obtained under section 48; or (B) in a case where no such certificate has been obtained,-- (I) the receipt obtained under sub-section (2) of section 48; or (II) the postal acknowledgement received by the transferred if he has sent an application in this behalf by registered post acknowledgement due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted; (b) the transferee shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration. (2) Where-- (a) the person in whose name a motor vehicle stands registered dies, or (b) a motor vehicle has been purchased or acquired at a public auction conducted by, or on behalf of, Government, the person succeeding to the possession of the vehicle or, as the case may be, who has purchased or acquired the motor vehicle, shall make an application for the purpose of transferring the ownership of the vehicle in his name, to the registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, in such manner, accompanied with such fee, and within such period as may be prescribed by the Central Government. (3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) hereafter in this section referred to as the other person fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount. (4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177. (5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2). (6) On receipt of a report under sub-section (1), or an application under sub-section (2), the registering authority may cause the transfer of ownership to be entered in the certificate of registration. (7) A registering authority making any such entry shall communicate the transfer of ownership to the transferor and to the original registering authority, if it is not the original registering authority. (1) The State Government may, for the purpose of
carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as
officers thereof such persons as it thinks fit.
(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). (3) The State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercise of such powers. (4) The Central Government may, having regard to the objects of the Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such. (5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the power to,-- (a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed; (b) with such assistance, if any, as he thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept: Provided that,-- (i) any such search without a warrant shall be made only by an officer of the rank of a gazetted officer; (ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise; (iii) where the search is made without a warrant, the gazetted officer concerned shall record in writing the grounds for not obtaining a warrant and report to his immediate superior that such search has been made; (c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of this Act; (d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an offence under this Act which he has reason to believe has been committed; (e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the offender before any court; (f) exercise such other powers as may be prescribed: Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself. (6) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall, so far as may be apply to any search or seizure under this section as they apply to any search or seizure under the authority of any warrant issued under section 94 of that Code. (1) No person driving or in charge of a motor vehicle shall
carry any person or permit any person to be carried on the running board or otherwise than within the
body of the vehicle.
(2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle. No person in charge of a motor vehicle shall cause or
allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position
or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue
inconvenience to other users of the public place or to the passengers.
No person shall drive any motor vehicle and no owner of a motor
vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the
vehicle is registered in accordance with this Chapter and the certificate of registration of the vehicle has
not been suspended or cancelled and the vehicle carries a registration mark displayed in the prescribed
manner:
Provided that nothing in this section shall apply to a motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. .(1) Where an
application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf
of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3)
or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in
accordance with such procedure as may be provided by rules made in this behalf by the Central
Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration
mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in
this section referred to as the certificate of registration) that the vehicle has been registered under this
section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic
officer or consular officer, require to be registered otherwise under this Act.
(2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply. (3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles. (4) For the purposes of this section, "diplomatic officer" or "consular officer" means any person who is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final. (1) If any registering authority or other prescribed authority has
reason to believe that any motor vehicle within its jurisdiction--
(a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or (b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle-- (i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding four months. (2) An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension. (3) Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension. (4) The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration. (5) A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before. (1) The transport authority which granted a permit
may cancel the permit or may suspend it for such period as it thinks fit--
(a) on the breach of any condition specified in section 84 or of any condition contained in the permit, or (b) if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit, or (c) if the holder of the permit ceases to own the vehicle covered by the permit, or (d) if the holder of the permit has obtained the permit by fraud or misrepresentation, or (e) if the holder of the goods carriage permit, fails without reasonable cause, to use the vehicle for the purposes for which the permit was granted, or (f) if the holder of the permit acquires the citizenship of any foreign country: Provided that no permit shall be suspended or cancelled unless an opportunity has been given to the holder of the permit to furnish his explanation. (2) The transport authority may exercise the powers conferred on it under sub-section (1) in relation to a permit granted by any authority or person to whom power in this behalf has been delegated under sub-section (5) of section 68 as if the said permit was a permit granted by the transport authority. (3) Where a transport authority cancels or suspends a permit, it shall give to the holder in writing its reasons for the action taken. (4) The powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit may be exercised by any authority or person to whom such powers have been delegated under sub-section (5) of section 68. (5) Where a permit is liable to be cancelled or suspended under clause (a) or clause (b) or clause (e) of sub-section (1) and the transport authority is of opinion that having regard to the circumstances of the case, it would not be necessary or expedient so to cancel or suspend the permit if the holder of the permit agrees to pay a certain sum of money, then, notwithstanding anything contained in sub-section (1), the transport authority may, instead of cancelling or suspending the permit, as the case may be, recover from the holder of the permit the sum of money agreed upon. (6) The powers exercisable by the transport authority under sub-section (5) may, where an appeal has been preferred under section 89, be exercised also by the appellate authority. (7) In relation to a permit referred to in sub-section (9) of section 88, the powers exercisable under sub-section (1) (other than the power to cancel a permit) by the transport authority which granted the permit, may be exercised by any transport authority and any authority or persons to whom power in this behalf has been delegated under sub-section (5) of section 68, as if the said permit was a permit granted by any such authority or persons. (1) Any person who is not for the time being disqualified for holding or
obtaining a driving licence may apply to 1[any licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. 2[(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence: Provided that no such test shall be necessary where the applicant produces proof to show that-- (a) (i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between thed ate of expiry of that licence and the date of the application does not exceed five years, or (ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or (iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8, (b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 3[Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]] (4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 4*** a driving certificate issued by a school or establishment referred to in section 12. 5[(5) Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days: Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test 6[and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].] (6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear. (7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence: Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence. (8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he-- (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority. (9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, bedeemed to be effective for driving a motor cycle with or without gear. 7[(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.]
1. Subs. by s. 5, ibid., for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Subs. by Act 54 of 1994, s. 7, for sub-section (3) (w.e.f. 14-11-1994). 3. Subs. by Act 32 of 2019, s. 5, for the second proviso (w.e.f. 1-9-2019). 4. The words "such minimum educational qualification as may be prescribed by the Central Government and" omitted by s. 5, ibid (w.e.f. 1-9-2019). 5. Subs. by Act 54 of 1994, s. 7, for sub-section (5) (w.e.f. 14-11-1994). 6. Ins. by Act 32 of 2019, s. 5, (w.e.f. 1-9-2019). 7. Ins. by Act 3 of 2015, s. 4 (w.e.f. 7-1-2015). 1[44. Production of vehicle at the time of registration.-- (1) Subject to such terms and conditions as
may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer
shall not require production before a registering authority for the purposes of registration for the first
time.
(2) Subject to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority.]
1. Subs. by, s. 19, ibid., for section 44 (w.e.f. 1-9-2019).
(1) Any person who is not disqualified under section 4 for driving a
motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence
may, subject to the provisions of section 7, apply to 1[any of the licensing authority in the State]--
(i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's licence. (2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents 2[with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government. (3) Every application 3[to drive a transport vehicle made] under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose: 4* * * * * (4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's licence: Provided that a learners licence limited to driving an 5[adapted vehicle] may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. (5) No learner's licence shall be issued to any applicant unless he 6[ satisfies such conditions] as may be prescribed by the Central Government. . (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority. 7[Provided further that a licencing authority may issue a learner's licence in electronic form and such manner as may be prescribed by the Central Government.: Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.] (7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both. (8) Any learner's licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
1. Subs. by Act 32 of 2019, s.4, for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Subs. by s. 4, ibid., for "and with such fee" (w.e.f. 1-9-2019). 3. Ins. by s. 4, ibid. (w.e.f. 1-9-2019). 4. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019). 5. Subs. by s. 4, ibid., for "invalid carriage" (w.e.f. 1-9-2019). 6. Subs. by s. 4, ibid., for "passes to the satisfaction of the licensing authority such test" (w.e.f. 1-9-2019). 7. The Provisos ins. by Act 32 of 2019, s. 4 (1-9-2019). (1) If a licensing authority is satisfied, after giving the holder of a driving licence an
opportunity of being heard, that he--
(a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) 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; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or (h) being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order-- (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. 1[(1A) Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence-- (a) for a first offence, for a period of three months; (b) for a second or subsequent offence, with revocation of the driving licence of such person: Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.] (2) Where an order under sub-section (1) 2[or sub-section (1A)] is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,-- (a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: 3[Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.] 4 [(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government. (2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the Central Government.] (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) 2[or subsection (1A)] may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
1. Ins. by Act 32 of 2019, s. 11 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 11, (w.e.f. 1-9-2019). 3. The Proviso subs. by s. 11, ibid, (w.e.f. 1-9-2019). 4. Ins. by s. 11, ibid., (w.e.f. 1-9-2019). (1) A State Government may make rules for the
purpose of carrying into effect the provisions of this Chapter other than the matters specified in
section 27.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-- (a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities; (b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; (c) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefor; (d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges; (e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; (f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; (g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; (h) the duties, functions and conduct of such persons to whom licences to drive transport vehicles are issued; (i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; 1* * * * (k) any other matter which is to be, or may be, prescribed.
1. Clause (j) omitted by s. 15 (w.e.f. 1-9-2019).
1[52. Alteration in motor vehicle.-- (1) No owner of a motor vehicle shall so alter the vehicle that
the particulars contained in the certificate of registration are at variance with those originally specified by
the manufacturer:
Provided that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed: 2[Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for the alteration of motor vehicles and in such cases, the warranty granted by the manufacturer shall not be considered as void for the purposes of such alteration or retrofitment.] Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose. 3[(1A) A manufacturer of a motor vehicle shall on the direction issued by the Central Government, alter or retrofit safety equipment, or any other equipment in accordance with such standards and specifications as may be specified by the Central Government.] 4[(2) Notwithstanding anything contained in sub-section (1), any person may, with the subsequent approval of the registering authority, alter or cause to be altered any vehicle owned by him to be converted into an adapted vehicle: Provided that such alteration complies with such conditions as may be prescribed by the Central Government.] (3) Where any alteration has been made in motor vehicle without the approval of registering authority 5***, the owner of the vehicle shall, within fourteen days of the making of the alteration, report the alteration to the registering authority within whose jurisdiction he resides and shall forward the certificate of registration to that authority together with the prescribed fee in order that particulars of registration may be entered therein. (4) A registering authority other than the original registering authority making any such entry shall communicate the details of the entry to the original registering authority. (5) Subject to the provisions made under sub-sections (1), (2), (3) and (4), no person holding a vehicle under a hire-purchase agreement shall make any alteration to the vehicle except with the written consent of the registered owner. Explanation.--For the purposes of this section, "alteration" means a change in the structure of a vehicle which results in a change in its basic feature.]
1. Subs. by Act 27 of 2000, s. 2, for section 52 (w.e.f. 11-8-2000).
2. The Proviso subs. by Act 32 of 2019, s. 21, (w.e.f. 1-9-2019). 3. Ins. by s. 21, ibid. (w.e.f. 1-9-2019). 4. Subs. by s. 21, ibid., for sub-section (2) (w.e.f. 1-9-2019). 5. The words "or by reason of replacement of its engine without such approval under sub-section (2)" omitted by s. 21, ibid., (w.e.f. 1-9-2019). (1) Subject to the provisions of sections 59 and 60,
a transport vehicle shall not be deemed to be validly registered for the purposes of section 39, unless it
carries a certificate of fitness in such form containing such particulars and information as may be
prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing
station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder:
Provided that where the prescribed authority or the authorised testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal. 1[Provided further that no certificate of fitness shall be granted to a vehicle, after such date as may be notified by the Central Government, unless such vehicle has been tested at an automated testing station.] 2[(2) The "authorised testing station" referred to in sub-section (1) means any facility, including automated testing facilities, authorised by the State Government, where fitness testing may be conducted in accordance with the rules made by the Central Government for recognition, regulation and control of such stations.] (3) Subject to the provisions of sub-section (4), a certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of this Act. (4) The prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of this Act and the rules made thereunder; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained: 3[Provided that no such cancellation shall be made by the prescribed authority unless, -- (a) such prescribed authority holds such technical qualification as may be prescribed by the Central Government and where the prescribed authority does not hold the technical qualification, such cancellation is made on the basis of the report of an officer having such qualification; and (b) the reasons recorded in writing cancelling a certificate of fitness are confirmed by an authorised testing station chosen by the owner of the vehicle whose certificate of fitness is sought to be cancelled: Provided further that if the cancellation is confirmed by the authorised testing station, the cost of undertaking the test shall be borne by the owner of the vehicle being tested and in the alternative by the prescribed authority.] (5) A certificate of fitness issued under this Act shall, while it remains effective, be valid throughout India. 4[(6) All transport vehicles with a valid certificate of fitness issued under this section shall carry, on their bodies, in a clear and visible manner such distinguishing mark as may be prescribed by the Central Government. (7) Subject to such conditions as the Central Government may prescribe, the provisions of this section may be extended to non-transport vehicles.]
1. Ins. by, s. 23, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 23, ibid., for "sub-section (2)" (w.e.f. 1-9-2019). 3. The proviso subs. by Act 32 of 2019, s. 23, (w.e.f. 1-9-2019). 4. Ins. by s. 23, ibid., (w.e.f. 1-9-2019). (1) An application by or on behalf of the owner of a motor
vehicle for registration shall be in such form and shall be accompanied by such documents, particulars
and information and shall be made within such period as may be prescribed by the Central Government:
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act. 1[Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.] (2) An application referred to in sub-section (1) shall be accompanied by such fee as may be prescribed by the Central Government. (3) The registering authority shall issue 2[a certificate of registration in the name of the owner] in such form and containing such particulars and information and in such manner as may be prescribed by the Central Government. (4) In addition to the other particulars required to be included in the certificate of registration, it shall also specify the type of the motor vehicle, being a type as the Central Government may, having regard to the design, construction and use of the motor vehicle, by notification in the Official Gazette, specify. (5) The registering authority shall enter the particulars of the certificate referred to in sub-section (3) in a register to be maintained in such form and manner as may be prescribed by the Central Government. (6) The registering authority shall assign to the vehicle, for display thereon, a distinguishing mark (in this Act referred to as the registration mark) consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the State by the Central Government from time to time by notification in the Official Gazette, and displayed and shown on the motor vehicle in such form and in such manner as may be prescribed by the Central Government. 3[Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.] (7) A certificate of registration issued under sub-section (3), whether before or after the commencement of this Act, in respect of a motor vehicle, 4***, shall, subject to the provisions contained in this Act, be valid only for a period of fifteen years from the date of issue of such certificate 3[or for such period as may be prescribed by the Central Government] and shall be renewable. (8) An application by or on behalf of the owner of a motor vehicle, 4***, for the renewal of a certificate of registration shall be made within such period and in such form, containing such particulars and information as may be prescribed by the Central Government. (9) An application referred to in sub-section (8) shall be accompanied by such fee as may be prescribed by the Central Government. (10) Subject to the provisions of section 56, the registering authority may, on receipt of an application under sub-section (8), renew the certificate of registration 5[for such period, as may be prescribed by the Central Government] and intimate the fact to the original registering authority, if it is not the original registering authority. 3[Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.] 6* * * * * (14) An application for the issue of a duplicate certificate of registration shall be made to the 7[last registering authority] in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government. STATE AMENDMENT Rajasthan Amendment of section 41, Central Act 59 of 1988.—In section 41 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988),- (a) in sub-sections (7) and (8), the expression, “other than a transport vehicle,” shall be deleted; (b) after sub-section (7) so amended, the following proviso shall be inserted, namely:- “Provided that in the case of transport vehicles, State Government may require the transport vehicles to be re-registered in the manner prescribed, subject to the age limit, if any, prescribed under section 59 of the Act.”; and (c) in sub-section (10) after the words “for a period of five years” and before the words “and intimate”, the expression “on payment of all taxes, penalties and interest, if any, levied by the State Government” shall be inserted. [Vide Rajasthan Act 1 of 2002, s. 2.]
1. Ins. by s. 17, ibid. (w.e.f. 1-9-2019).
2. Subs. by s. 17, ibid., for "to the owner of a motor vehicle registered by it a certificate of registration" (w.e.f. 1-9-2019). 3. Ins. by Act 32 of 2019, s. 17, (w.e.f. 1-9-2019). 4. The words "other than a transport vehicle" omitted by s. 17, ibid., (w.e.f. 1-9-2019). 5. Subs. by s. 17, ibid., for "for a period of five years" (w.e.f. 1-9-2019). 6. Sub-sections (11), (12), (13) omitted by s. 17, ibid., (w.e.f. 1-7-2021). 7. Subs. by Act 54 of 1994, s. 11, for "original registering authority" (w.e.f. 14-11-1994). (1) Whoever, being disqualified under this Act for holding or
obtaining a driving licence drives a motor vehicle in a public place or in any other place, or applies for or
obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement,
applies for or obtains a driving licence without disclosing the endorsement made on a driving licence
previously held by him shall be punishable with imprisonment for a term which may extend to three
months, or with fine 1[of ten thousand rupees] or with both, and any driving licence so obtained by him
shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a conductors licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductors licence or, not being entitled to have a conductors licence issued to him free of endorsement, applies for or obtains a conductors licence without disclosing the endorsements made on a conductors licence previously held by him, shall be punishable with improsonment for a term which may extend to one month, or with fine which may extend to 2[ten thousand rupees], or with both, and any conductors licence so obtained by him shall be of no effect.
1. Subs. by s. 64, ibid., for which may extend to five hundred rupees (w.e.f. 1-9-2019).
2. Subs. by s. 64, ibid., for one hundred rupees (w.e.f. 1-9-2019). |
