MOTOR VEHICLE ACT

Introduction to Motor Vehicle Act, 1988

Motor Vehicle Act
Introduction to Motor Vehicle Act, 1988

Table of contents:

Introduction 3

History of Motor Vehicle Legislation in India 3

Objectives of the Act 4

Important Definitions 4

Salient Features of the Motor Vehicle Act, 1988* 5

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Motor Vehicle Act
Introduction to Motor Vehicle Act, 1988

Introduction
The Entry 23 of List 1 of the Seventh Schedule of the Constitution gives the power to the
Central Government to make laws regarding Motor Vehicles. The Ministry of Road
Transport and Highway deals with the making and amending the law regarding Entry 23 of
List 1. As the name suggests, the Ministry of Road Transport and Highway is divided into
two wings -

1. Roads Wing- Deals in development and maintenance of National Highway in the

country.
2. Transport Wing- Deals in a matter relating to road transport including MOTOR
VEHICLE.

History of Motor Vehicle Legislation in India

● The first legislation was adopted by the Imperial Legislative Council in 1914 ‘Indian
Motor Vehicle Act, 1914’.
● Due to rapid change in the motor vehicle technology and an increase in the use of
motor vehicles on road, the 1914 act was repealed by a new act ‘Motor Vehicle Act,
1939’.
● On the basis of guidelines given by the Supreme Courtin M.K. Kunhimohammed Vs P.
A. Ahmed Kutty (1987), on the need for changes in the act of 1939, the Indian
legislature adopted a new act repealing the of the act of 1939 i.e. Motor Vehicle Act,
1988.
● In 2019, the Indian Legislature made major amendments in the Motor Vehicle Act,
1988, giving importance to 21st century technical and social developments.

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Introduction to Motor Vehicle Act, 1988

Objectives of the Act

The followings are the objectives of the Motor Vehicle, 1988:-

1. To have a track on the rapid increase in commercial vehicles and private vehicles.
2. To motivate technological growth in the automotive sector.
3. To regulate passenger and freight flow to control regional or local imbalances.
4. To regulate road safety and air pollution due to vehicles on road.
5. To set standards for the transportation of hazardous and explosive materials.
6. To reduce the traffic offenders.
7. To set standard definitions for certain types of vehicles.
8. To regulate the procedure for granting driving licenses.
9. To set standards for the elements and units of motor vehicles.
10. To set standards for pollution control devices.
11. To regulate carriage permits and tourist permits.
12. To administer the Solatium Scheme by the General Insurance Corporation.
13. To provide compensation in cases like ‘hit and run motor accidents to the victim.
14. To maintain state registers for driving licenses and vehicle registration.
15. To constitute road safety councils.
16. To protect consumer’s interest in the Transport sector.
17. To impose penalties on traffic offenders.
18. To give power to States for appointing one or more State Transport Appellate
Tribunal.
19. To provide provisions for punishments in certain offenses.
20. To determine the formula for calculating compensation in road accidents.

Important Definitions
Section 2 of the Motor Vehicle Act, 1988 is the definitions clause. A few of the important
definitions are as follows:-

Section 2(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; (Inserted by Motor Vehicle (Amendment) Act, 2019)

Section 2(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 [twenty-five cubic
centimetres];

Section 2(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

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Motor Vehicle Act
Introduction to Motor Vehicle Act, 1988

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;

“Accident” - This term is not defined in the Motor Vehicle Act, 1988. The word Accident was
the first time defined in Fenton v.s. Thorley & Co. Ltd. (1903), as an unexpected and
undesigned mishap. Also in United India Insurance Co. Ltd. v.s. Somari Devi (1999), the
Patna High Court defined the accident as an unforeseen incident or overlooked harm
caused by a person without sanction.

Salient Features of the Motor Vehicle Act, 1988*

*they will be discussed in the following chapters.

Questions:

Q.1 - What is the golden hour defined in Section 2 of the Motor Vehicles Act, 1988?
Q.2 - What do you mean by the certificate of registration under the motor vehicles
act?
Q.3 - When was the Motor Vehicles Act passed?
a. 1986
b. 1987
c. 1988
d. 1989
Q.4 - Which of these is not an objective of the Motor Vehicles Act, 1988?
a. To reduce the traffic offenders.
b. To constitute road safety councils.
c. To impose penalties on traffic offenders.
d. To non-standardized all definitions for certain types of vehicles.

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