Motor Vehicles Act, 1988

title, extent  and commencement,

In  this  Act,  unless  the context  otherwise requires,-- 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;

limit in connection with driving of motor vehicles. Provided that  a motor cycle without  gear may  be driven  in  a public place by a person after attaining the age of sixteen years.

and 4. No owner or person in charge of a motor vehicle shall cause  or permit  any person who does not satisfy the provisions of to drive the vehicle.

holding of driving licences.

granting  of  learner's  licences  for  certain vehicles.

licence. Provided that  a learner's licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. 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.

licence. Provided that,  where the application is for a driving licence to drive a  motor cycle or a light motor vehicle, the licensing authority shall exempt  the applicant  from the  test of competence  prescribed under this sub-section, if the licensing authority is satisfied-- 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.

licences to drive.

licence.

imparting instruction in driving of motor vehicles.

of licences, to drive motor vehicles. A learner's  licence or  a driving licence issued under this Act shall be effective throughout India.

drive motor vehicles. Provided that  every driving  licence shall,  notwithstanding its expiry under  this sub-section, continue to be effective for a period of thirty days from such expiry.

licences. Provided that  in any  case where the application for the renewal of a  licence is  made more  than thirty days 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 and the provisions of sub-section (4)  of shall, so far as may be, apply in  relation to  every such case as they apply in relation to a learner's licence. 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 five years after  the driving  licence has ceased  to  be  effective,  the licensing authority  may 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)

Notwithstanding   anything  contained  in  the  foregoing sections, any licensing authority  may at  any time  revoke a driving licence or  may require,  as a  condition of  continuing to  hold such driving licence,  the holder  thereof to produce a medical certificate in the  same form  and in  the same  manner as  is referred to in sub-  ection (3)  of, if  the licensing authority has reasonable grounds to belive that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority  revoking a  driving licence  is not the authority which issued the  same, it  shall intimate  the fact  of revocation to  the authority which issued that licence.

refusing or  revoking driving  licences  and  appeals there-from.

licences  to drive  motor vehicles,  belonging to  the Central Government.

of  licensing authority  to disqualify  from holding  a  drivinglicence or revoke such licence. Provided that where the  driving licence  of a person authorizes him to  drive more than one class or description of motor vehicles and the order,  made under  sub-section (1), disqualifies him from driving any specified  class or  description of motor vehicles, the licensing authority shall  endorse the disqualification upon the driving licence and return the same to the holder.

of Court to disqualify. Provided that in respect  of an offence punishable under section 183 no such order shall be made for the first or second offence. Provided that the period of disqualification shall not exceed, in the case  referred to  in clause  (a), five  years, or,  in  the  case referred to  in clause  (b), two years or, in the case referred to in clause (c), one year.

registered, shall  bring such  suspension to  the notice  of the Court competent to  take cognizance  of such  offence, and  thereupon,  such Court shall  take possession  of  the  driving  licence,  endorse  the suspension thereon  and intimate  the fact  of such endorsement to the licensing authority by which the licence was granted or last renewed.

Provided that no such licence shall be returned unless the holder thereof has,  after the expiry of the period of suspension, undergone and passed,  to the  satisfaction of  the licensing authority by which the licence  was issued or last renewed, a fresh test of competence to drive referred  to in  sub-section (3)  of and produced  a medical certificate  in the  same form  and in  the same  manner as is referred to in sub-section (3) of (4) If  a licence  to drive  a particular class or description of motor vehicles  is cancelled  or suspended  under  this section,  the person holding  such a  licence shall  be debarred  from holding,  or obtaining, any  licence to  drive such particular class or description of motor  vehicles so  long as  the cancellation  or suspension of the driving licence remains in force.

of 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.

Provided that if the endorsement is only in respect of an offence  contravening the  speed limits referred to in , such person shall be  entitled to  receive a  new driving  licence free  from such endorsements on  the expiration  of  one  year of  the  date  of  the endorsement: Provided further that in reckoning the said period of three years and one  year, respectively,  any period  during which the said person was disqualified  for holding  or obtaining a driving licence shall be excluded.

of Central Government to make rules. The Central Government may make rules--

of  State  Government  to  make  rules. Provided that no fee so fixed shall exceed twenty-five rupees;

of conductor's  licence.

A  conductor's licence  may at  any time be revoked by any  licensing authority  if  that authority  has  reasonable  grounds  to  believe that  the holder  of the licence is suffering from any disease  or disability  which is likely to render him permanently unfit to hold such a  licence and where the authority revoking a conductor's licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence: Provided that   before  revoking   any  licence,  the  licensing authority shall  give the  person holding  such licence  a  reasonable opportunity of being heard.

refusing, etc, conductor's licences and appeals there - from.

of licensing  authority  to  disqualify. Provided that before disqualifying  the holder of a licence, the licensing authority  shall give  the person  holding  such  licence  a reasonable opportunity of being heard.

of Court to disqualify.

The provisions of sub-section (2) of section 6 and 23 , sub-section (1) of and section 25  shall, so far as may  be, apply  in relation to a conductor's licence, as they apply in relation to a driving licence.

If any licence to  act as  a conductor  of a stage carriage (by whatever name called) has been issued in any State and is effective immediately  before the commencement of  this Act, it shall continue to  be effective,  notwithstanding such commencement, for the period for  which it  would have  been effective,  if this Act had not been passed,  and every  such licence  shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted.

of  State  Government  to  make  rules. Provided that no fee so fixed shall exceed twenty-five rupees;

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 ccordance  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.

Subject to the provisions of, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.

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. Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.

provision for registration of motor vehicles of diplomatic officers, etc.

Provided that where a motor vehicle so registered is a chassis to which a  body has  not been attached and  the same  is detained  in a workshop beyond  the said  period of one month for being fitted with a body, the  period may,  on payment  of such fees, if  any, as  may be prescribed, be  extended by  such further  period or periods  as  the registering authority  or other  prescribed authority, as the case may be, may allow.

The registering authority shall before proceeding to register  a  motor  vehicle or renew the certificate of registration in respect of a motor vehicle, other  than a  transport vehicle, require the person applying for registration  of the vehicle or, as the case may be, for renewing the certificate  of registration to produce the vehicle either before itself or  such authority as the State Government may by order appoint in order  that the  registering authority  may satisfy itself that the particulars contained in the application are true and that the vehicle complies with  the requirements  of this  Act and  of the rules  made hereunder.

of registration or renewal of the certificate of registration. The registering authority  may,  by  order,  refuse  to register any  motor vehicle,  or renew the certificate of registration in respect  of a motor vehicle (other than a transport vehicle), if in either case,  the registering authority has reason to believe that it is a  stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or of the rules made hereunder, or  if the  applicant fails  to furnish particulars of any previous  registration   of  the   vehicle  or   furnishes inaccurate particulars in  the application for registration of the vehicle or, as the case  may be,  for renewal  of  the  certificate  or  registration thereof and  the registering  authority shall  furnish  the  applicant whose vehicle  is  refused  registration,  or  whose  application  for renewal of  the certificate of registration is refused, a copy of such order, together with the reasons for such refusal.

of registration. Subject  to the provisions of  section 47 a motor  vehicle registered  in accordance with this  Chapter in  any State  shall not  require to  be registered elsewhere in India and  a certificate  of registration  issued or  in force under  this Act in respect  of such  vehicle shall be effective throughout India.

Provided that an application under this sub-section shall be accompanied-- 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. Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.

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.

residence or place of business. Provided that action under section 177 shall be taken against the owner where he fails to pay the said amount.

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.

provisions regarding motor vehicle subject to hire- purchase agreement, etc. 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. 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  authorized by this Act to renew such permit  and, in relation to  registration, means  the  authority which is  authorized by  this Act  to issue  duplicate certificate  of registration or to assign a new registration mark.

Provided that it shall not be necessary to obtain such approval, for making  any change  in the  unlade weight  of the  motor  vehicle consequent on  the addition  or removal of fittings or accessories, if such change does not exceed two percent. Of the weight entered in the certificate of registration. Provided that where the  owner of  the  motor  vehicle  has  not received any  such communication within the said period of seven days, the approval  of such authority to  the proposed  alteration shall be deemed to have been given.

54 Cancellation of registration suspended under section 53. 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.

Provided that where the prescribed authority or the authorized testing station refuses is issue such certificate, it shall supply the owner of the vehicle with its reasons in writing for such refusal.

provisions in regard to transport vehicles. Provided that where it  appears to  the Central  Government that heavier weights  than those specified in  the notification under sub- section (1)  may be permitted in a particular locality for vehicles of a particular  type, the  Central Government  may,  by  order  in  the Official Gazette  direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order.

to fix the age limit of motor vehicle. Provided that the Central Government may specify different ages for different classes or different types of motor vehicles.

vehicles to be furnished by the police to the State Transport Authority. The State Government may, if it thinks necessary or expedient so to do in the public interest, direct the submission by the Inspector General of Police(by whatever designation called) and such other police officers as the State Government may specify in this behalf, of such returns containing the information regarding vehicles which have been stolen and stolen vehicles which have been recovered of which the police are aware, to the State Transport Authority, and may prescribe the form in which and the period within which such returns shall be made.

The Central Government may make rules to provide for all or any of the following matters, namely:--

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 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.

Provided that no such notification in respect of the matters referred to in clause (ii) or clause (iii) shall be issued unless a draftĀ of theĀ proposed directions is published in the Official Gazette specifyingĀ therein aĀ date being not less than one month after such publication, on or after which the draft will be taken into considerationĀ and anyĀ objection or suggestion which may be received has, in consultation with the State Transport Authority, been considered after giving the representatives of the interestsĀĀĀĀĀ affected an opportunity of being heard.

Authorities. 1. The State Government shall by notification in the Official Gazette, constitute for the State a State Transport Authority to exercise and discharge the powers and functions specified in sub-section (3), and shall in like manner constitute Regional Transport Authorities to exercise and discharge throughout such areas (in this Chapter referred to as regions) as may be specified in the notification in respect of each Regional Transport Authority; the powers and functions conferred by or under this Chapter on such Authorities: Provided that in the Union Territories, the Administrator may abstain from constituting any Regional Transport Authority. 1. 2. A State Transport Authority or a Regional Transport Authority shall consist of a Chairman who has had judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law and in the case of a State Transport Authority, such other persons (whether officials or not), not being more than four and, in the case of a Regional Transport Authority, such other persons (whether officials or not), not being more than two, as the State Government may think fit to appoint; but no person who has any financial interest whether as proprietor, employee or otherwise in any transport undertaking shall be appointed, or continue to be, a member of a State or Regional Transport Authority, and, if any person being a member of a any such Authority acquires a financial interest in any transport undertaking, he shall within four weeks of so doing, give notice in writing to the State Government of the acquisition of such interest and shall vacate office: Provided that nothing in this sub-section shall prevent any of the members of the State Transport Authority or a Regional Transport Authority, as the case may be, to preside over a meeting of such Authority during the absence of the Chairman, notwithstanding that such member does not possess judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law: Provided further that the State Government may,- i. where it considers necessary or expedient so to do, constitute the State Transport Authority or a Regional Transport Authority for any region so as to consist of only one member who shall be an official with judicial experience or experience as an appellate or a revisional authority or as an adjudicating authority competent to pass any order or take any decision under any law; ii. by rules made in this behalf, provide for the transaction of business of such authorities in the absence of the Chairman of any other member and specify the circumstances under which, and the manner in which, such business could be so transacted: Provided also that nothing in this sub-section shall be construed as debarring an official (other than an official connected directly with the management or operation of a transport undertaking) from being appointed or continuing as a member of any such authority merely by reason of the fact that the Government employing the official has, or acquires, any financial interest in a transport undertaking. 1. 2. 3. The State Transport Authority and every Regional Transport Authority shall give effect to any directions issued under section 67 and the State Transport Authority shall, subject to such directions and save as otherwise provided by or under this Act, exercise and discharge throughout the State the following power and functions, namely:- a.      to coordinate and regulate the activities and policies of the Regional Transport Authorities, if any, of the State; b.     to perform the duties of a Regional Transport Authority where there is no such Authority and, if it thinks fit or if so required by a Regional Transport Authority, to perform those duties in respect of any route common to two or more regions; c.      to settle all disputes and decide all matters on which differences of opinion arise between Regional Transport Authorities; and 1[(ca) Government to formulate routes for plying stage carriages; and] d.     to discharge such other functions as may be prescribed. 1. 2. 3. 4. For the purpose of exercising and discharging the powers and functions specified in sub-section (3), a State Transport Authority may, subject to such conditions as may be prescribed, issue directions to any Regional Transport Authority, and the Regional Transport Authority shall, in the discharge of its functions under this Act, give effect to and be guided by such directions. 5. The State Transport Authority and any Regional Transport Authority, if authorised in this behalf by rules made under section 96, may delegate such of its powers and functions to such authority or person subject to such restrictions, limitations and conditions as may be prescribed by the said rules. 1. Ins. by Act 54 of 1994, sec. 22 (w.e.f. 14-11-1994).

Provided that if it is proposed to use the vehicle or vehicles in two or more regions lying within the same State, the application shall be made to the Regional Transport Authority of the region in which the major portionĀ of theĀ proposed routeĀ or areaĀ lies, andĀ in case the portion ofĀ the proposedĀ route orĀ area inĀ each ofĀ theĀ regionsĀ is approximately equal, to the Regional Transport Authority of the region in which it is proposed to keep the vehicle or vehicles: Provided furtherĀ that ifĀ it isĀ proposed toĀ use the vehicle or vehicles inĀ two orĀ moreĀ regionsĀ lyingĀ inĀ differentĀ States,Ā the application shallĀ be madeĀ to the Regional Transport Authority of the region inĀ which theĀ applicant residesĀ or has his principal place of business.

Explanation.--For theĀ purposes of this section, section 72 section 80 and sectionĀ 102 "trip"Ā means a single journey from one point to another, and every return journey shall be deemed toĀĀĀĀĀ be a separate trip;

application for stage carriage permit.Ā Provided that such permit for a route of fifty kilometers or less shallĀ beĀĀ grantedĀ onlyĀ toĀ anĀ individualĀ orĀ aĀ StateĀ transport undertaking. Provided that before such refusal an opportunity shall be given to the applicant to amend the time-table so as to conform to the said provisions. Provided that, other conditions being equal, preference shall be given to applications for permits from-- Explanation.--For theĀ purposes ofĀ this sectionĀ "company" means any bodyĀ corporate, andĀ includes aĀ firmĀ orĀ otherĀ associationĀ of individuals; and "director", in relation to a firm, means a partner in the firm.

Provided that no such permit shall be granted in respect of any route or area not specified in the application. Provided that  the attachment  of this condition to a permit shall not  prevent the  continued use,  for a period of two years from the date of  publication of the approved specifications, of any vehicle operating on that date; Provided that  the  conditions  specified  in  pursuance  of clause (i)  shall not  be varied  so as  to  alter  the  distance covered by the original route by more than 24 kilometers, and any variation within  such limits  shall  be  made  only  after the  Regional Transport Authority is satisfied that  such  variation will serve the  convenience of the public and that it is not expedient to grant a separate permit  in respect of the original route as so varied or  any part thereof;

An application for a permit in respect of a contract carriage (in this Chapter referred to as a contract carriage permit) shall contain the following particulars, namely:--

Provided that no such permit shall be granted in respect of any area not specified in the application. Provided that, other conditions being equal, preference shall be given to applications for permits from--

Provided that no such permit shall be granted in respect of any area or route not specified in the application.

carriage permits. An application for a permit to  use a  motor vehicle  for the carriage of goods for hire or reward or  for the carriage of goods for or in connection with a trade or business  carried on by the applicant (in this Chapter referred to as a  goods carriage  permit) shall,  as far  as may  be, contain  the following particulars, namely:--

application for goods carriage permits. A  Regional Transport Authority shall, in considering an application for a goods  carriage  permit, have  regard  to  the  following  matters, namely:--

permit. Provided that no such permit shall be granted in respect of any area or route not specified in the application.

for and granting permits. Provided that  the Regional Transport  Authority  may  summarily refuse the  application if  the grant of any permit in accordance with the application  would have  the effect  of increasing  the number  of stage carriages  as fixed  and specified  in  a notification  in  the Official Gazette  under clause (a) of sub-section (3) of section 71 or of contract  carriages as fixed and specified in a notification in the Official Gazette under clause (a) of sub-section (3) of section 74: Provided  further  that where  a  Regional  Transport  Authority refuses an  application for  the grant of a  permit of any kind under this Act,  it shall  give to  the applicant in writing its reasons for the refusal  of the  same and  an opportunity  of being heard in  the matter. Provided  that   it  shall not  be  necessary  so  to  treat  an application made  by the  holder of stage carriage permit who provides the only service on any route to increase the frequency of the service so provided without any increase in the number of vehicles: Provided further that,-- Provided that  no condition other than  a  condition  which  was already attached  to the  replaced permit or which  could  have  been attached thereto  under the  law in force when that permit was granted shall be  attached to  the fresh  permit except  with the consent  in writing of the holder of the permit.

permits. 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 synchronies with the validity of the primary permit. 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.

Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted the permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. Provided  that   the transport   authority  may   entertain   an application made  after the  expiry of the said period of three months if it  is satisfied  that the  applicant was prevented  by  good  and sufficient cause from making an application within the time specified.

The holder of a permit may, with the permission of the authority by which the permit was granted, replace any vehicle covered by the permit by any other vehicle of the same nature.

attaching to all permits. The following shall be conditions of every permit--

Every permit issued under this Act shall be complete in it self and shall contain all the necessary particulars of the permit and the conditions attached thereto.

suspension of permits. 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.

Provided that  a Regional Transport Authority or, as the case may be, State  Transport Authority  may, in the case  of goods carriages, under the  circumstances of  an exceptional nature, and for reasons to be recorded  in writing,  grant a  permit for  a period exceeding four months, but not exceeding one year. Provided that  the number of transport  vehicles in  respect  of which temporary  permits are so granted shall not exceed the number of vehicles in  respect of  which the  issue of the  permits  have  been restrained or, as the case may be, the permit has been suspended.

for use outside region in which granted. Provided that  a goods carriage permit,  granted by the Regional Transport Authority  of any  one region, for any  area in  any  other region or  regions within  the same  State shall be valid in that area without the Countersignature of the Regional Transport Authority of the other region or of each of the other regions concerned: Provided further  that where  both the  starting  point  and  the terminal point  of a route are situate within the same State, but part of such route lies in any other State and the length of such part does not exceed  sixteen kilometres, the permit shall be valid in the other State in  respect of  that part  of the  route which  is in that other State notwithstanding  that such  permit has not been countersigned by the State  Transport Authority  or the Regional Transport Authority of That other State: Provided also that-- Provided that  it shall  not be necessary to follow the procedure laid down in section 80 for the grant of countersignatures of permits, where the  permits granted  in  any  one  State are  required  to be countersigned by  the State Transport Authority of another State or by the Regional  Transport  Authority  concerned  as  a  result  of any agreement arrived  at between  the States  after  complying  with  the requirements of sub-section (5). Explanation.--For the purposes of this sub-section and sub- section (13), "company" means a body corporate, and includes a firm or other association of individuals; and "director", in relation to a firm, means a partner in the firm. Explanation.--In this section,--

Provided that in relation to a Union territory, the Tribunal may consist of the Administrator of that territory or any officer who has judicial experience. Explanation.--For the removal of  doubts, it  is hereby declared that when  any order  is made  by the State Transport Authority or the Regional Transport Authority in pursuance of a direction issued by the Inter-State Transport  Commission under  clause (c) of sub-section (2) of section  63A of  the Motor  Vehicles Act,  1939 (4 of 1939.) as it stood immediately  before the commencement of this Act, and any person feels aggrieved  by such  order on  the  ground  that  it  is  not  in consonance with such direction, he may appeal under sub-section (1) to the State  Transport Appellate  Tribunal against  such order  but  not against the direction so issued.

The State  Transport Appellate Tribunal may, on an application made  to it,  call for  the record of any case in which an order has  been made  by  a  State  Transport  Authority or  Regional Transport Authority against which no appeal lies, and if it appears to the State  Transport Appellate  Tribunal that  the order  made by  the State Transport  Authority or Regional Transport Authority is improper or illegal, the State Transport Appellate Tribunal may pass such order in relation  to the case as it deems fit and every such order shall be final: Provided that the State Transport Appellate Tribunal shall not entertain any application from a person aggrieved by an order of a State Transport Authority or Regional Transport Authority, unless the application is made within thirty days from the date of the order: Provided further  that the State Transport Appellate Tribunal may entertain the  application after  the expiry  of the  said  period  of thirty days,  if it  is satisfied  that the applicant was prevented by good and sufficient cause from making the application in time: Provided also  that the  State Transport Appellate Tribunal shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heard.

Any contract for the  conveyance of  a passenger  in a  stage carriage  or contract carriage, in  respect of  which a  permit has  been issued  under this Chapter, shall,  so far  as it  purports to  negative or  restrict the liability of  any person  in respect  of any  claim made  against that person in  respect of the death of, or bodily injury to, the passenger while being  carried in,  entering or  alighting from  the vehicle, or purports to  impose any  conditions with respect to the enforcement of any such liability, be void.

or canvasser  to obtain  licence.

jurisdiction  of Civil  Courts. No  Civil Court shall have jurisdiction to entertain any question relating to the grant of a permit under  this Act,  and no  injunction in  respect of  any action taken or  to be  taken by  the duly constituted authorities under this Act with regard to the grant of a permit, shall be entertained by any Civil Court.

of State Government to make rules as to stage carriages and contract  carriages.

of State  Government to make rules for the purposes of this Chapter.

In this Chapter, unless  the context  otherwise requires, "road  transport service" means a service of motor vehicles carrying passengers or goods or both by road for hire or reward.

The provisions of this  Chapter and  the rules  and orders made there under shall have effect notwithstanding  anything inconsistent  therewith contained  in Chapter V  or in  any other  law for the time being in force or in any instrument having effect by virtue of any such law.

of a  State transport  undertaking. Where any State Government is  of  opinion  that  for  the  purpose  of  providing  an efficient,  adequate,   economical  and   properly  co-ordinated  road transport service,  it is  necessary in  the public interest that road transport services  in general or any particular class of such service  in relation  to any area or route or portion thereof should be run and  operated by the State transport undertaking, whether to the exclusion, complete  or partial,  of  other  persons  or  otherwise,  the  State  Government  may formulate  a  proposal  regarding  a  scheme  giving  particulars of the nature of the services proposed to be rendered, the  area or  route proposed  to be covered and other relevant particulars  respecting thereto  and shall  publish such  proposal in  the Official  Gazette of  the State  formulating such proposal and in not less than  one newspaper  in the  regional language circulating in  the area  or  route proposed  to be  covered by  such scheme and also in such other  manner as the State Government formulating such proposal deem fit.

Provided that no such  scheme which  relates to  any inter-State route shall  be deemed  to be  an approved  scheme unless  it has  the previous approval of the Central Government. Explanation.--In computing  the period of one year referred to in this sub-section,  any period  or periods during which the publication of the approved  scheme under  sub-section (3)  was held up on account of any stay or injunction by the order of any court shall be excluded.

certain  circumstances. Notwithstanding   anything contained in  section 87 a State  transport undertaking  may, in the public interest  operate additional services for the conveyance of the passengers on  special  occasions  such  as  to  and  from fairs  and religious gatherings: Provided that the State transport undertaking shall inform about the operation of such  additional services to the concerned Transport Authority without delay.

of permits to State transport undertakings. Authority in any other  case shall  issue such  permit to  the  State  transport undertaking,   notwithstanding  anything  to  the  contrary contained in Chapter V. For  the purpose  of giving  effect to the approved scheme in respect of  a notified  area or  notified route,  the State  Transport Authority or,  as the case may  be, the  Regional Transport Authority concerned may, by order,--

route. Where a scheme has been published under sub- section (3) of section 100 in respect of any notified area or notified  route,  the  State  Transport  Authority  or  the Regional  Transport  Authority, as  the case  may be,  shall not grant any permit except in  accordance with the provisions of the scheme: Provided that where no application for a permit has been made by  the State  transport undertaking  in respect  of any  notified area or notified route in pursuance of an approved scheme, the State Transport Authority or the Regional Transport Authority, as the case may be, may grant temporary permits to any person in respect of such notified area or notified  route subject  to the  condition that  such permit  shall cease to  be effective on the issue of a permit to the State transport undertaking in respect of that area or route.

Provided that the amount of compensation shall, in no case, be less than four hundred rupees. Explanation.--In this formula,-- Provided that where the State transport undertaking fails to make  the payment within the said period of one month, it shall pay interest  at the  rate of  seven per  cent. per  annum from the date on which it  falls due.

Where  any article  found in  any  transport  vehicle  operated  by  the  State  transport undertaking is  not claimed by its owner within the prescribed period, the State transport undertaking may sell the article in the prescribed manner and  the sale  proceeds  thereof,  after  deducting  the  costs incidental to sale, shall be paid to the owner on demand.

of State  Government to  make rules.

Government. The powers conferred on the State Government under this Chapter  shall, in  relation to a corporation or company owned or  controlled by  the Central Government or by the Central Government and  one or  more State  Governments, be  exercisable only by the  Central  Government in relation to an inter-State route or area.

of Central  Government to make rules. Provided that any rules relating to the matters dealing with  the protection of  environment, so  far as  may be,  shall be  made  after  consultation with the Ministry of the Government of India dealing with environment.

of State Government to make rules.

Provided that such maximum  speed shall  in no  case exceed  the maximum fixed  for any  motor vehicle or class or description of motor vehicles by  the Central  Government by  notification in  the Official Gazette. Provided that   no  such   notification  is   necessary  if  any  restriction under this section is to remain in force for not more than one month.

to have vehicle weighed.

to restrict the use of vehicles. The State Government or any authority authorised in this behalf by the State Government, if satisfied that  it is  necessary in  the interest  of public safety orconvenience, or  because of  the nature  of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions  and conditions  as may  be specified in notification, the driving of motor vehicles or of any specified class or description of motor  vehicles or the use  of  trailers  either  generally  in  a specified area or on a specified road and when any such prohibition or restriction is  imposed, shall  cause appropriate  traffic signs to be placed or erected under section 116 at suitable places: Provided that where any  prohibition or  restriction under  this section  is   to  remain  in force  for  not  more  than  one  month, notification thereof  in the  Official Gazette shall not be necessary, but such  local publicity  as the  circumstances may  permit, shall be given of such prohibition or restriction.

to erect  traffic signs.

The State Government or any authority  authorised in  this behalf by the State Government may, in consultation  with the  local authority  having jurisdiction in the area concerned,  determine places  at which  motor vehicles  may stand either indefinitely  or for  a  specified  period  of  time,  and  may determine the places at  which public service vehicles may stop for a longer time  than is necessary for  the taking up and setting down of passengers.

The   Central Government  may,  by notification in the Official Gazette, make regulations for the driving of motor vehicles.

to obey  traffic signs.

No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left-hand  steering control  unless it is equipped with a mechanical or electrical  signalling device of a prescribed nature and in working order.

The  driver of  a  motor vehicle shall  make such  signals and  on such  occasions  as  may be prescribed by the Central Government: Provided that the signal of an intention to turn to the right or left or to stop- Provided further  that the State Government may, having regard to the width  and condition  of the  roads  in  any  area  or  route,  by notification  in   the Official   Gazette,  exempt  subject  to  such conditions as  may be  specified therein any motor vehicle or class or description of  motor vehicles  from the operation of this section for the purpose of plying in that area or route.

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 user of the public place or to the passengers.

No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: Provided that where arrangements  for the  supply of tickets are made in  the stage  carriage by which a person has to travel, a person may enter  such stage  carriage but as soon as may be after his entry therein, be shall make the payment of his fare to the conductor or the driver who  performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey. Explanation.--In this section,--

No person driving a  motor vehicle shall allow  any person to stand or sit or to place anything in such a manner or  position as  to hamper  the driver  in his control of  the vehicle.

No  person driving  or in  charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public  place, unless  there is in the driver's seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a  brake or  brakes applied  or such  other measures  taken as  to ensure that  the vehicle  cannot accidentally  be put in motion in the absence of the driver.

Every  person driving  or riding (otherwise than in a side car, on a motor cycle of any class or description) shall,  while  in  a  public  place,  wear  a  protective headgear of  such  description  as  may  be  specified  by  the  State Government  by  rules  made  by  it  in  this  behalf,  and  different descriptions of  headgears may  be specified in such rules in relation to different circumstances or different class or description of motor cycles: Provided that the provisions of this section shall not apply to a person who  is a  Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban: Provided further  that the  State Government  may, by such rules, provide for such exceptions as it may think fit. Explanation.--"Protective headgear" means a helmet which,--

to produce licence and certificate of registration. 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. 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.

of the driver to take certain precautions at unguarded railway level  crossing. Every  driver of  a  motor  vehicle  at  the approach of  any unguarded  railway level crossing  shall  cause  the vehicle to  stop and  the  driver  of  the  vehicle shall  cause  the conductor or  cleaner or  attendant or any other person in the vehicle to walk  up to  the level crossing and ensure that no train or trolley is approaching  from either  side and  then pilot  the  motor  vehicle across such  level crossing,  and where  no conductor  or  cleaner  or attendant or any other person is available in the vehicle, the driver of the  vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed.

of driver to stop in certain cases.

of owner  of motor  vehicle to  give information. The  owner of a motor vehicle, the driver or conductor of which is accused  of any  offence under  this Act  shall, on  the demand  of any  police officer authorised  in this  behalf by  the State Government, give all  information regarding  the name  and address  of, and the licence held  by, the  driver or  conductor which  is in  his possession or could by  reasonable diligence be ascertained by him.

of driver  in case of accident and injury to a person. 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--

amenities,  etc.

When  any accident occurs  in which  a motor  vehicle is  involved,  any  person authorised in  this behalf  by the State Government may, on production if so required of  his authority,  inspect the  vehicle and  for that purpose may enter at  any reasonable  time  any  premises  where  the vehicle may be, and may remove the vehicle for examination: Provided that the place to which the vehicle is so removed shall be intimated  to the  owner of  the vehicle  and the  vehicle shall be returned without unnecessary delay.

of Central  Government to  make  rules. The  Central Government may  make rules  to provide for all or any of the following matters, namely:--

of State  Government to  make rules.

of Central  Government to make rules.

disablement.

For  the purposes  of this  Chapter, permanent disablement  of a  person shall  be deemed  to have resulted from an  accident of  the nature  referred to  in sub-section  (1)  of section 140 if such person has suffered by reason of the accident, any injury or injuries involving--

The provisions of  this Chapter shall also apply in relation to any  claim   for compensation   in  respect  of  death  or  permanent disablement of  any person under the Workmen's Compensation Act, 1923 Resulting from an accident  of the nature referred to in sub-section

The provisions of this Chapter shall have effect notwithstanding anything contained in any other provision of this Act or of any other law for the time being in force.

Explanation.--A person  driving a  motor vehicle merely as a paid employee, while  there is  in force  in relation  to the  use  of  the vehicle no  such policy  as is required by this sub-section, shall not be deemed  to act  in contravention of the sub-section unless he knows or has reason to believe that there is no such policy in force. Provided that no such order shall be made in relation to any such authority unless a fund has been established and is maintained by that authority in accordance with the rules made in that behalf under this Act for meeting any liability arising out of the use of any vehicle of that authority which that authority or any person in its employment may incur to third parties. Explanation.--For the  purposes of this sub-section, "appropriate Government" means the Central Government or a State Government, as the case may be, and--

Provided that a policy shall not be required- Explanation.--For the  removal of  doubts, it  is hereby declared that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have  arisen  out  of,  the  use of  a  vehicle  in  a  public  place notwithstanding that the person who is dead or injured or the property which is  damaged was  not in  a public  place  at the  time  of  the accident, if the act or omission which led to the accident occurred in a public place. Provided that any policy  of insurance  issued with  any limited liability and  in force, immediately before  the commencement of this Act, shall  continue to be effective for a period of four months after such commencement  or till the date of expiry of such policy whichever is earlier.

of policies  of insurance  issued in reciprocating countries. Where, in pursuance of an arrangement between India and any reciprocating  country,   any motor   vehicle   registered   in   the reciprocating country  operates on any route or within any area common to the  two countries  and there is in force in relation to the use of the vehicle  in the  reciprocating  country,  a  policy of  insurance complying with  the requirements  of the  law of insurance in force in that country,  then, notwithstanding anything contained in section 147 but subject  to any  rules which  may be  made under section 164 such policy of insurance shall be effective throughout the route or area in respect of  which, the  arrangement has been made, as if the policy of insurance had complied with the requirements of this Chapter.

of insurers to satisfy judgments and awards against persons insured in respect of third party risks. Provided that no sum  shall be payable by the insurer in respect  of  any   such  judgment unless,  before  the  commencement  of  the proceedings in  which the  judgment is  given, the  insurer had notice through the Court concerned of the bringing of the proceedings and the insurer to whom notice is so given is entitled under the corresponding law  of  the  reciprocating country,  to  be  made  a  party  to  the proceedings and  to defend  the action  on grounds  similar to  those specified in sub-section (2). Provided that any sum  paid by  the insurer  in or  towards  the discharge of  any liability of any  person which  is covered  by  the policy by  virtue only of this sub-section shall be recoverable by the insurer from that person. Explanation.--For the purpose of this section, "Claims Tribunal" means a Claims Tribunal constituted under  section 165 and  "award" means an award made by that Tribunal under section 168. Rights of third parties against insurers on insolvency of the insured.

to give information as to insurance.

in respect ofsections150, 151and152 Saving in respect of sections, 151and 152.

third parties. Where a certificate of insurance has been issued to the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in sub-section (1) or sub-section (2) of section 150 shall,  notwithstanding anything  contained in  this Chapter,  not affect any  liability of  that person  of the  nature referred  to  in clause (b)  of sub-section  (1) of section 147;  but nothing  in this section shall  affect any  rights against the insurer conferred under the provisions  of sections 150, 151 and 152 on the person to whom the liability was incurred.

of death on certain causes of action. Notwithstanding anything contained  in section 306 of the Indian Succession Act, 1925  (39 of  1925.) the  death of a person in whose favour a certificate of insurance had  been issued,  if it  occurs after  the happening  of an event which  has given  rise to  a claim  under the provisions of this Chapter, shall not be  a bar  to the  survival of any cause of action arising out  of the  said event  against his  estate  or  against  the insurer.

of certificate of insurance. When an insurer  has issued a  certificate  of  insurance  in  respect  of  a  contract of insurance between the insurer and the insured person, then--

certain cases. Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle.

vehicle. A State Government may make rules requiring the owner  of any  motor vehicle when applying whether by payment of a tax or otherwise for authority to use the vehicle in a public place to produce such  evidence as  may be  prescribed by those rules  to  the effect that either-

to furnish particulars of vehicle involved in accident. A registering authority or  the officer in charge of a police station  shall, if  so required by a person who alleges that he is entitled to claim compensation in respect of an accident arising out of the use of a motor  vehicle, or if so required by an insurer against whom a claim has been  made in respect of any motor vehicle, furnish to that person or to  that insurer,  as the case may be, on payment of the prescribed fee any  information at the disposal of the said authority or the said authority or  the said  police officer  relating to the identification marks and other particulars of the vehicle and the name and address of the person  who was  using the  vehicle at the time of the accident or was injured by it  and the  property, if any damaged in such form and within such time as the Central Government may prescribe.

as to compensation in case of hit and run motor accident.

cases of compensation paid under section 161. Explanation.--For the purposes   of   this   sub-section,   an application for compensation under section 161 shall be deemed to be pending--

of compensation in case of hit and run motoraccidents. Provided that no such retrospective effect shall be given so as to prejudicially affect the interests of any person who may be governed by such provision.

Government to make rules.

Tribunals. Explanation.--For the removal of doubts, it is hereby declared that the expression "claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles" includes claims for compensation under section 140.

compensation. Provided that where all the legal representatives of the deceased have  not  joined  in  any  such application  for  compensation,  the application shall  be made  on behalf of or for the benefit of all the legal representatives  of the  deceased and  the legal representatives who have  not so  joined, shall  be imp leaded  as respondents  to  the application. Provided that  where any claim for compensation under section 140  is made  in such application, the application shall contain a separate statement to  that effect  immediately before  the  signature  of  the applicant. Provided that  the Claims Tribunal may entertain the application after the  expiry of  the said period of six months but not later than twelve months,  if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

claims for compensation in certain cases. Notwithstanding anything contained in the Workmen's Compensation Act,  (8 of 1923.) where the death of, or bodily injury to, any person gives rise  to a  claim for compensation under this Act and also under the  Workmen's   Compensation  Act,   1923,  the person  entitled  to compensation may  without prejudice  to the  provisions of Chapter  X claim such compensation under either of those Acts but not under both.

Tribunal. Provided  that   where such   application  makes   a  claim  for compensation under  section 140  in respect  of the death or permanent disablement of  any person,  such claim  and any  other claim (whether made in  such application  or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X.

of Claims Tribunals.

in certain cases. Where in the course of any inquiry, the Claims Tribunal is satisfied that-

where any claim is allowed. Where  any Claims Tribunal allows a  claim for compensation made under this Act, such  Tribunal   may direct   that  in  addition  to  the  amount  of compensation simple  interest shall also be paid at such rate and from such date  not earlier  than the  date of  making the  claim as it may  specify in this behalf.

compensatory costs in certain cases.

Provided that  no appeal by the person who is required to pay any amount in  terms of  such award shall be entertained by the High Court unless he  has deposited  with it twenty-five thousand rupees or fifty per cent.  of the  amount so awarded, whichever is less, in the manner directed by the High Court: Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

from insurer as arrear of land revenue. Where any  amount is  due from  any person  under an award, the Claims Tribunal may,  on an  application made to it by the person entitled to the amount,  issue a  certificate for  the amount to the Collector and the Collector  shall proceed to recover the same in the same manner as an arrear of land revenue.

of Civil Courts. Where  any  Claims Tribunal has  been constituted for any area, no Civil Court shall have jurisdiction to entertain any  question relating  to  any  claim  for compensation which  may be adjudicated upon by the Claims Tribunal for that area,  and no  injunction in respect of any action taken or to be taken by  or before  the Claims  Tribunal in  respect of the claim for compensation shall be granted by the Civil Court.

Government to make rules. A State Government may make rules for the purpose of carrying into effect the provisions of sections  165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:--

for punishment of offences. Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence is punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.

traveling  without  pass  or  ticket  and  for dereliction of  duty on  the part  of conductor  and  refusal  to  ply contract carriage,  etc. Explanation.--In this section, “pass” and “ticket” have the meanings respectively assigned to them in section 124.

orders,   obstruction and   refusal of information.

unauthorised persons to drive vehicles. Whenever, being the  owner or  person in  charge of  a motor vehicle, causes, or permits, any  other person  who does  not satisfy  the  provisions  of section 3 or section  4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

contravention of section 3 or section 4. Whoever, drives  a motor  vehicle in  contravention of  section  3 or section 4 shall be  punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

to   licences.

speed, etc.

Whoever,  drives a  motor vehicle at a speed or  in a  manner which is dangerous to the public, 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  which may extend to sic months, or with fine which may  extend to  one thousand  rupees,  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 which may extend to two thousand rupees, or with both.

drunken person  or  by  a  person  under  the influence of  drugs. Whoever, while driving, or attempting to drive, a motor vehicle,-- Explanation.--For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person in capable of Exercising proper control over a motor vehicle.

mentally or phycically unfit to drive. 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 two hundred rupees  and for a second or subsequent offence with fine which may extend to five hundred rupees.

offences relating to accident. Whoever fails to comply with the  provisions of  clause (c)  of sub-section  (1) of section 132   or of section 133 or section 134  shall be punishable with imprisonment for a term which may extend to three months, or with fine which may  extend to  five hundred  rupees, or with both or, if having been previously  convicted of  an offence  under this  section, he  is again convicted  of an  offence under  this section, with imprisonment for a  term which  may extend  to six  months, or with fine which may extend to one thousand rupees, or with both.

abetment of certain offences. 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.

speed. 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 six months,  or with  fine which may extend to five hundred rupees, or with both.

unsafe condition.

of vehicle  in or  alteration of  vehicle to condition contravening this Act. Whoever being an importer of or dealer in motor vehicles, sells  or delivers  or offers  to sell  or deliver a  motor vehicle or  traller in such condition that the use thereof in a public place would  be in  contravention of  Chapter VII  or  any  rule  made thereunder or  alters the motor vehicle or trailer so as to render its condition  such that  its   use  in  a  public  place  would  be  in contravention of  Chapter VII  or any  rule made  thereunder shall  be punishable with fine which may extend to five hundred rupees: Provided that  no person shall be convicted under this section if he proves  that he  had reasonable cause to  believe that the vehicle would not  be used  in a  public place  until it  had been  put into a condition in which it might lawfully be so used.

without registration or permit. Provided that the person using the  vehicle reports such use to the Regional Transport Authority within seven days from such use.

agents   and  canvassers   without  proper authority. Whoever  engages  himself as  an  agent  or  canvasser  in contravention of  the provisions  of section 93 or  of any rules made thereunder shall  be punishable  for the first offence with fine which may extend  to one  thousand rupees  and for  any second or subsequent offence with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

exceeding  permissible weight.

minimum fine under certain circumstances.

Whoever drives a motor vehicle or causes or  allows a motor vehicle to be driven in contravention of the provisions of  section 146 shall be punishable with imprisonment which may extend  to three  months, or  with fine  which may extend to  one thousand rupees, or with both.

without  authority. Provided that  no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he  had lawful  authority or  in the reasonable belief  that the owner would in the circumstances of the case have given his consent if he had been asked therefor.

interference with  vehicle. Whoever  otherwise than with  lawful authority or reasonable execuse enters or mounts any stationary motor  vehicle or tampers with the brake or any part of the mechanism of  a motor  vehicle shall be punishable with fine which may extend to one hundred rupees.

companies. Provided that  nothing in this sub-section shall render any such person liable  to any  punishment provided  in this  Act, if he proves that the  offence was  committed without his  knowledge  or  that  he exercised all due diligence to prevent the commission of such offence. Explanation--For the purposes of this section-

certain  offences.

obstruction to free flow of traffic. Provided that  the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law.

without warrant. Provided that  any person so  arrested  in  connection  with  an offence punishable  under section  185 shall,  within two hours of his arrest, be  subjected to a medical examination referred to in sections 203 and  204 by  a registered  medical practitioner failing which  he shall be released from custody.

Provided that no requirement for breath test shall be made unless it is made as soon as reasonably practicable after the commission of such offence. Provided that  a person shall not  be required to provide such a specimen while  at a  hospital as  an indoor patient if the registered medical practitioner  in immediate  charge of his case  is not  first notified of  the proposal  to make  the requirement  or objects to the provision of  a specimen  on the  ground that  its  provision or  the requirement to  provide it  would be prejudicial to the proper care or treatment of the patient. Explanation.--For the purposes of  this section,  "breath test", means a  test for  the purpose  of obtaining  an  indication  of  the presence of  alcohol in  a person's  blood carried out, on one or more specimens of breath provided by that person, by means of a device of a type approved  by the  Central  Government,  by notification  in  the Official Gazette, for the purpose of such a test.

Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be Taken only in the presence of a female, whether a medical practitioner or not. Provided that  a person shall  not  be  required  to  provide  a specimen of  his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first  notified of the proposal to make the requirement or objects to the  provision of such specimen on the ground that its provision or the requirement  to provide it would be prejudicial to the proper care or treatment of the patient. Explanation.--For the purposes of this section, "laboratory test" means the  analysis of  a specimen of  blood  made  at  a  laboratory established, maintained  or recognised  by the Central Government or a State Government.

unfitness to drive. In any proceeding for an offence punishable under section 185 if it is proved that the accused, when requested  by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his  breath for a breath  test or  a specimen  of his  blood for a laboratory  test,   his refusal,  omission  or  failure  may,  unless reasonable cause  therefor is shown, be presumed to be a circumstance supporting any  evidence  given on behalf  of  the  prosecution,  or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.

officer to impound document. Provided that  if any magistrate, police officer or other person authorised  by   the  State Government  in  this  behalf  is,  on  an application made  to him, satisfied that the licence cannot be, or has not been,  returned to the holder thereof before the date specified in the acknowledgment  for  any  reason  for  which the  holder  is  not responsible, the  magistrate, police  officer or  other person, as the case may  be, may  extend the period of authorization to drive to such date as may be specified in the acknowledgment.

vehicles used without certificate of registration permit, etc.

cases. Provided that the Court shall, in the case of any of the offences referred to  in sub-section  (2), state  upon  the  summons  that  the accused person,  if he  pleads guilty, shall so  plead in  the manner specified in  clause (b)  and shall forward his driving licence to the Court with his letter containing such plea.

conviction. No person prosecuted for an offence punishable under section 183 or section 184 shall be convicted unless-- Provided that nothing, in this section shall apply where the Court is satisfied that--

intimation about conviction. Every Court by which any person holding a driving licence is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, shall send intimation to--

Any rule which the Central Government or the State  Government  is  empowered  to  make  under  this  Act may, notwithstanding the  absence of  any express provision to that effect, provide for  the  levy  of  such  fees  in  respect  of  applications, amendment of  documents, issue  of  certificates,  licences,  permits, tests, endorsements, badges, plates, countersignatures, authorisation, supply of statistics or  copies of  documents or  orders and  for any other purpose  or matter involving the rendering of any service by the officers or  authorities under this Act or any rule made thereunder as may be considered necessary: Provided that the Government may, if it considers necessary so to do, in  the public  interest, by  general or special order, exempt any class of persons from the payment of any such fee either in part or in full.

commencement and   lying of   rules   and notifications.

vehicles officers. Provided that,-- Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.

revision on orders passed by original authority.

Councils and Committees.

difficulties . Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.

force immediately before such commencement shall, so far as it is not inconsistent  with the  provisions of  this Act, be deemed to have  been  issued,  made,  granted,  done  or taken  under  the corresponding provision of this Act;