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Motor Vehicle Act

The document summarizes the Motor Vehicle Act of India. It consolidates and amends laws relating to motor vehicles, covering licensing, registration, vehicle control, traffic control, liabilities, insurance and penalties. It defines key terms and outlines various chapters covering licensing of drivers and conductors, vehicle registration, transport control, and more. Significant amendments include increased penalties for offenses and provisions for cashless treatment in golden hour of accidents.
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0% found this document useful (0 votes)
38 views13 pages

Motor Vehicle Act

The document summarizes the Motor Vehicle Act of India. It consolidates and amends laws relating to motor vehicles, covering licensing, registration, vehicle control, traffic control, liabilities, insurance and penalties. It defines key terms and outlines various chapters covering licensing of drivers and conductors, vehicle registration, transport control, and more. Significant amendments include increased penalties for offenses and provisions for cashless treatment in golden hour of accidents.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Motor Vehicle Act

• The Motor Vehicle Act 1988 is aimed to consolidating and amending the
laws relating to motor vehicles in India
• It covers various aspects of road transportation
• It includes provisions for
• Licencing
• Registration of Vehicles
• Control of Vehicles
• Control of Traffic
• Liabilities
• Insurance
• Offences relating to motor vehicles and penalties thereof
[s 1] Short title, extent and commencement.—

• (1) This Act may be called the Motor Vehicles Act, 1988.
• (2)It extends to the whole of India.
• (3)It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint; and different dates
may be appointed for different States and any reference in this Act to
the commencement of this Act shall, in relation to a State, be construed
as a reference to the coming into force of this Act in that State.

The Act came into force on 1 July 1989


Earlier act was of 1939
Sec 2 Definitions
• Approximately 49 definitions are given under this sections
• Some important are as follows
• (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;
• (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;
• (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;
• (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;
• (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 1 [twenty-five cubic
centimetres];
• (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;
• (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;
• 2A. e-cart and e-rickshaw.—
• For the purposes of this section, “e-cart or e-rickshaw” means a
special purpose battery powered vehicle of power not exceeding 4000
watts, having three wheels for carrying goods or passengers, as the
case may be, for hire or reward, manufactured, constructed or
adapted, equipped and maintained in accordance with such
specifications, as may be prescribed in this behalf.
• Ins. by Act 3 of 2015, s. 2 (w.e.f. 7-1-2015)
• ‘(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
Other chapter
• CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
• CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES
• CHAPTER IV REGISTRATION OF MOTOR VEHICLES
• CHAPTER V CONTROL OF TRANSPORT VEHICLES
• CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS
• CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES
• CHAPTER VIII CONTROL OF TRAFFIC
• CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA
• CHAPTER X LIABILITY WITHOUT FAULT IN CERTAIN CASES
• CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS
• CHAPTER XII CLAIMS TRIBUNALS
• CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
• CHAPTER XIV MISCELLANEOUS
Amendments
• The Act of 1988 has been amended several times to cater for changed circumstances
• The Motor Vehicle (Amendment) Act 2019 is the major amendment till date
• Some significant changes are as follow
1. To ensure road safety, penalties have been increased and stringent provisions have been
incorporated for offences like drunk driving, over speeding, driving without licensing etc.
2. The Act provides for creation of a National Road Safety Board, which will advise the Central
Govt on aspects of road safety, traffic management, registration, licensing, formulation of
standard for road safety
3. Act also introduces the scheme of Golden Hour under which cashless treatment will be
provided to the victims of accident during hour
4. Act also defines Good Samaritans and provides protection to them from any civil and
criminal action for any injury to or death of the victim of an accident while rendering
emergency medical or non medical care and assistance
• Thank You

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