THE MOTOR VEHICLES ACT, 1988

(Act No. 59 OF 1988)

 LECTURE TO
TATA MOTORS TRAINEES
BY
MAJ. GEN. NILENDRA KUMAR
DIRECTOR
AMITY LAW SCHOOL, NOIDA
ON
25TH JANUARY,2012
Session on law governing motor vehicles
LAW

It is a command enforced by some

sanction. It is a rule of action to which
men are obliged to make their conduct
conformable.
All laws in the country, whether of the
Union or of the States, have to conform to
the constitutional scheme.
CONSTITUTION

is a basic law defining and delimiting the

principle organs of Government and their
jurisdiction as well as the basic rights of
men and citizen.
The Constitution of India contains twelve
schedules
Seventh schedule of the Constitution
enumerates the subject matter of laws
and thus demarcates the division of
responsibility between the Union and the
States.
Seventh schedule has three lists each of
which
has a number of entries.
Entry 23 of List A to the Seventh Schedule
The subject of motor vehicles is dealt by the
Central Government.
The Government of India has a specific
Ministry concerned with the Motor
Vehicle Laws in India.
Ministry of Road Transport & Highways
The Ministry has two separate wings
1. Roads Wing
2. Transport Wing
Roads Wing deals with development
and maintenance of National Highway
in the country.
Transport Wing deals with matters
relating to road transport including
motor vehicle legislation.
There are a number of legislations in India
that deal with different aspects of motor
vehicles.
These are a the statutes that deal with
motor transport.
MOTOR VEHICLE LAWS IN INDIA

1. The Carriage by Road Act, 2007

2. The Motor Vehicles Act, 1988
3. The National Highways Act, 1956
4. The National Highways Authority of
India Act, 1988
5. The Control of National Highways (Land
and Traffic) Act, 2002.
6. The Multimodal Transportation of
Goods Act, 1993.
7. The Motor Transport Workers Act, 1961
8. The Public Liability Insurance Act, 1961
9. The Road Transport Corporations Act,
1950
10.The Fatal Accidents Act, 1855
The Motor Vehicles Act 1988
Act No. 59 of 1988
SIGNIFICANCE

The Act has taken into account changes

in the road transport technology, pattern
of passenger and freight movements,
developments in the road network in the
country and particularly techniques in the
motor vehicles management.
RELEVANCE OF MV ACT TO THE
TATA
MOTORS TRAINEES
The Act deals with

 Construction equipment and maintenance

 Standards for components and parts
 Anti-pollution control devices
 Issue of testing fitness certificates
 Registration marks
MV ACT

1. Extends to whole of India

2. Came into force on 1 July 1989
3. No. of Chapters – 14
4. No. of Sections – 217
CHAPTERISATION
Number

1. Preliminary
2. Licensing of drives of motor vehicles
3. Licensing of conductors of stage carriages
4. Registration of motor vehicles
5. Control of transport vehicles
6. Special provisions relating to State Transport
undertaking
7. Construction, equipment and maintenance of
vehicles
8. Control of traffic
9. Motor vehicles temporarily leaving or
visiting India
10. Liability without fault in certain cases
11. Insurance of motor vehicles against third
party risks
12. Claims Tribunals
13. Offences, penalties and procedure
14. Miscellaneous
Salient portions of the Act have been
discussed in this presentation.
PREAMBLE

An Act to consolidate and amend the

law relating to motor vehicles.
The Act categorizes motor vehicles
into different types.
Generally the categorization is based on
size, type and utility of such vehicles.
CARRIAGE

A carriage is a contrivance which is used

for carrying or transporting, especially
along or over a solid surface.
Carriage includes any carriage, wagon,
cart truck, vehicle or other means of
conveying goods, or passengers by
land.
A crane is a motor vehicle
The term automobile includes all vehicles
propelled by means other than muscular
power, except rail road, railway cars and
motor vehicles, running only on rails and
tracks, and road rollers.
The Act defines and enumerates various
kind of
motor vehicles.
Section 2 of the Act contains the definition
of
various words and terms.
DEFINITIONS
Section 2(8)
Dealer includes a person who is engaged
_____
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 vehicles
“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 authorized 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 can notwithstanding that separate
fares are charged for its passengers;
“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.
“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;
“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;
“Invalid carriage” means a motor vehicle
specially designed and constructed, and
not
merely, adapted, for the use of a person
suffering from some physical defect or
disability, and used solely by or for such a
person;
“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 7,500 kilograms.
“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;
“Medium goods vehicle” means any goods
carriage other than a light motor vehicle or a
heavy goods vehicle;
 Definitions Clause of Section 2
Certificate of registration 4
Goods 13
Manufactures 21A
Owner 30
TYPES OF VEHICLES
Words Defined Clause of
Section 2
Contract carriage 7
Goods carriage 14
Heavy goods vehicle 16
Heavy passenger motor vehicle 17
Invalid carriage 18
Light motor vehicle 21
Maxicab 22
Medium goods vehicle 23
Medium passenger motor vehicle 24
Motor cab 25
Motor car 26
Motor cycle 27
Motor vehicle or vehicle 28
Omnibus 29
Private service vehicle 33
Public service vehicle 35
Semi trailer 39
Stage carriage 40
Tourist vehicle 43
Tractor 44
Trailer 46
Transport vehicle 47
Following excluded from the definition of
a motor car :
- Transport vehicle
- Omnibus
- Road roller
- Tractor
- Motor cycle
- Invalid carriage
To be noted

1. Driving license does not mean a

learner’s license
2. A minor cannot be an owner (His
guardian would be the owner)
Special provisions have been made
regarding
Motor Vehicle subject to hire purchase
agreement etc. in Section 51
Alteration in Motor Vehicle is dealt under
Section 52
Alteration means a change in the structure
of a vehicle which results in a change in its
basic features.
The Government has a duty to ensure that
only
roadworthy vehicles come on road. In
other
words, the vehicles that are fit to drive.
Certificate of fitness is covered under
Section 56
This provision has been added with a view
to prevent or reduce pollution and due to
environmental concerns.
But there exists a need to ensure
transparency
and institute accountability.
In case of refusal, owner of the vehicle will
be supplied with reasons in writing for such
refusal.
Thus an appeal can be filed if refusal is felt
to be arbitrary or malafide or on any other
valid ground.
The Act has dealt with the matter of
maximum
time for which a motor vehicle may be
used.
Power to fix the age limit of Motor Vehicle is
under Section 59
Different ages may be specified for
different classes or different types of
motor vehicles.
CONSIDERATIONS

Having regard to

a) Public safety
b) Convenience
c) Objects of this Act
Thus fixation of age for different category
of vehicles can be lawful only on these
three grounds.
 NOTE

The provisions of registration also apply to

trailer under Section 61(1)
Power to State Government to control road
transport is enshrined under Section 67.
Role of Automobile manufacturers and
servicing
companies.
General provision regarding construction
and maintenance of vehicles is in
Section 109.
To operationalise the law, it may require
framing
of elaborate rules.
Power of Central Government to make Rules
flows from Section 110
Power of State Government to make Rules
is under Section 111
 Limits of speed

It prescribes the maximum speed at which

each
class or type of motor vehicle can be
driven
under Section 112.
Limits of weight and limitation on use is
under Section 113
Vehicles with left hand control are covered
under Section 121.
What happens if the laid down provisions are
disregarded?
OFFENCES

Different types of offences and penalties

have been enumerated in following
provisions of the MV Act.

Sections 3,4,5,6,23,36,39,47,52,66,
93,109,112,113,114,115,124,130,133,158,
178,179,189,197 and 198 etc.
Section 129 is with regard to wearing of
protective head gear.
Duty of the driver to take certain
precautions
at unguarded railway level crossings is in
Section 131.
Section 134 is duty of driver in case of
accident and injury to a person.
Section 185 is with regard to driving by a
drunken person or by a person under the
influence of drugs.
SUMMARY

Due sensitization of the automobile

engineers and those connected with sale,
servicing and maintenance of vehicles to
the provisions of the MV Act, 1988 is a
functional necessity.
Thanks