The Motor Vehicles Act (MVA) is a comprehensive legislation enacted in India to regulate all aspects of road transport vehicles, including their registration, control, licensing, and traffic rules. It also covers road safety, penalties for violations, and compensation in case of accidents. The Act has been amended multiple times to adapt to changing needs, with the most recent and significant amendments in 2019.
Chapter I: Preliminary
Section 1: Short title, extent, and commencement.
Section 2A: e-cart and e-rickshaw.
Chapter II: Licensing of Drivers of Motor Vehicles
Section 3: Necessity for driving licence.
Section 4: Age limit in connection with driving of motor vehicles.
Section 5: Responsibility of owners of motor vehicles for contravention of Sections 3 and 4.
Section 6: Restrictions on the holding of driving licences.
Section 7: Restrictions on the granting of learner’s licences for certain vehicles.
Section 8: Grant of learner’s licence.
Section 9: Grant of driving licence.
Section 10: Form and contents of licences to drive.
Section 11: Additions to driving licence.
Section 13: Extent of effectiveness of licences to drive motor vehicles.
Section 14: Currency of licences to drive motor vehicles.
Section 15: Renewal of driving licences.
Section 16: Revocation of driving licence on grounds of disease or disability.
Section 17: Orders refusing or revoking driving licences and appeals therefrom.
Section 18: Driving licences to drive motor vehicles belonging to the Central Government.
Section 19: Power of licensing authority to disqualify from holding or revoke such licence.
Section 20: Power of Court to disqualify.
Section 21: Suspension of driving licence in certain cases.
Section 22: Suspension or cancellation of driving licence on conviction.
Section 23: Effect of disqualification order.
Section 25: Transfer of endorsement and issue of driving licence free from endorsement.
Section 26: Maintenance of State Registers of Driving Licences.
Section 27: Power of Central Government to make rules.
Section 28: Power of State Government to make rules.
Chapter III: Licensing of Conductors of Stage Carriages
Section 29: Necessity for conductor’s licence.
Section 30: Grant of conductor’s licence.
Section 31: Disqualifications for the grant of conductor’s licence.
Section 32: Revocation of a conductor’s licence on grounds of disease or disability.
Section 33: Orders refusing, etc., conductor’s licences and appeals therefrom.
Section 34: Power of licensing authority to disqualify.
Section 35: Power of Court to disqualify.
Section 36: Certain provisions of Chapter II to apply to conductor’s licence.
Section 38: Power of State Government to make rules.
Chapter IV: Registration of Motor Vehicles
Section 39: Necessity for registration.
Section 40: Registration, where to be made.
Section 41: Registration, how to be made.
Section 42: Special provision for registration of motor vehicles of diplomatic officers, etc.
Section 43: Temporary registration.
Section 44: Production of vehicle at the time of registration.
Section 45: Refusal of registration or renewal of the certificate of registration.
Section 46: Effectiveness in India of registration.
Section 47: Assignment of new registration mark on removal to another State.
Section 48: No objection certificate.
Section 49: Change of residence or place of business.
Section 50: Transfer of ownership.
Section 51: Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.
Section 52: Alteration in motor vehicle.
Section 53: Suspension of registration.
Section 54: Cancellation of registration suspended under Section 53.
Section 55: Cancellation of registration.
Section 56: Certificate of fitness of transport vehicles.
Section 58: Special provisions in regard to transport vehicles.
Section 59: Power to fix the age limit of motor vehicle.
Section 60: Registration of vehicles belonging to the Central Government.
Section 61: Application of Chapter to trailers.
Section 63: Maintenance of State Registers of Motor Vehicles.
Section 64: Power of Central Government to make rules.
Section 65: Power of State Government to make rules.
Chapter V: Control of Transport Vehicles
Section 66: Necessity for permits.
Section 67: Power of State Government to control road transport.
Section 68: Transport Authorities.
Section 69: General provision as to applications for permits.
Section 70: Application for stage carriage permit.
Section 72: Grant of stage carriage permits.
Section 73: Application for contract carriage permit.
Section 74: Grant of contract carriage permit.
Section 75: Scheme for renting of motor cabs.
Section 76: Application for private service vehicle permit.
Section 77: Application for goods carriage permit.
Section 78: Consideration of application for goods carriage permit.
Section 79: Grant of goods carriage permit.
Section 80: Procedure in applying for and granting permits.
Section 81: Duration and renewal of permits.
Section 82: Transfer of permit.
Section 83: Replacement of vehicles.
Section 84: General conditions attaching to all permits.
Section 85: General form of permits.
Section 86: Cancellation and suspension of permits.
Section 87: Temporary permits.
Section 88: Validation of permits for use outside region in which granted.
Section 91: Restriction of hours of work of drivers.
Section 92: Voidance of contracts restrictive of liability.
Section 93: Agent or canvasser to obtain licence.
Section 94: Bar on jurisdiction of Civil Courts.
Section 95: Power of State Government to make rules as to stage carriages and contract carriages.
Section 96: Power of State Government to make rules for the purposes of this Chapter.
Chapter VI: Special Provisions Relating to State Transport Undertakings
Section 98: Chapter to override Chapter V and other laws.
Section 100: Objection to the proposal.
Section 102: Cancellation or modification of scheme.
Section 103: Issue of permits to State transport undertakings.
Section 104: Restriction on grant of permits in respect of a notified area or notified route.
Section 105: Principles and method of determining compensation and payment thereof.
Section 106: Disposal of article found in vehicles.
Section 107: Power of State Government to make rules.
Section 108: Certain powers of State Government exercisable by the Central Government.
Chapter VII: Construction, Equipment, and Maintenance of Motor Vehicles
Section 109: General provision regarding construction and maintenance of vehicles.
Section 110: Power of Central Government to make rules.
Section 111: Power of State Government to make rules.
Section 113: Limits of weight and limitations on use.
Section 114: Power to have vehicle weighed.
Section 115: Power to restrict the use of vehicles.
Section 116: Power to erect traffic signs.
Section 117: Parking places and halting stations.
Section 118: Driving regulations.
Section 119: Duty to obey traffic signs.
Section 120: Vehicles with left-hand control.
Section 121: Signals and signalling devices.
Section 122: Leaving vehicle in dangerous position.
Section 123: Riding on running board, etc.
Section 124: Prohibition against travelling without pass or ticket.
Section 125: Obstruction of driver.
Section 126: Stationary vehicles.
Section 127: Removal of motor vehicles abandoned or left unattended on a public place.
Section 128: Safety measures for drivers and pillion riders.
Section 129: Wearing of protective headgear.
Section 130: Duty to produce licence and certificate of registration.
Section 131: Duty of the driver to take certain precautions at unguarded railway level crossings.
Section 132: Duty of driver to stop in certain cases.
Section 133: Duty of owner of motor vehicle to give information.
Section 134: Duty of driver in case of accident and injury to a person.
Section 136: Inspection of vehicle involved in accident.
Section 137: Power of Central Government to make rules.
Section 138: Power of State Government to make rules.
Chapter VIII: Control of Traffic
Section 139: Power of Central Government to make rules.
Section 140: Liability to pay compensation in certain cases on the principle of no fault.
Section 141: Provisions as to other right to claim compensation for death or permanent disablement.
Section 142: Permanent disablement.
Section 143: Applicability of Chapter to certain claims under Act 8 of 1923.
Section 144: Overriding effect.
Chapter IX: Insurance of Motor Vehicles Against Third Party Risks
Section 146: Necessity for insurance against third-party risk.
Section 147: Requirements of policies and limits of liability.
Section 148: Validity of policies of insurance issued in reciprocating countries.
Section 150: Rights of third parties against insurers on insolvency of the insured.
Section 151: Duty to give information as to insurance.
Section 152: Settlement between insurers and insured persons.
Section 153: Saving in respect of Sections 150, 151, and 152.
Section 155: Effect of death on certain causes of action.
Section 156: Effect of certificate of insurance.
Section 157: Transfer of certificate of insurance.
Section 158: Production of certain certificates, licence, and permit in certain cases.
Section 159: Production of certificate of insurance on application for authority to use vehicle.
Section 160: Duty to furnish particulars of vehicle involved in accident.
Section 161: Special provisions as to compensation in case of hit-and-run motor accident.
Section 162: Refund in certain cases of compensation paid under Section 161.
Section 163: Scheme for payment of compensation in case of hit-and-run motor accidents.
Section 163A: Special provisions as to payment of compensation on structured formula basis.
Section 163B: Option to file claim in certain cases.
Section 164: Power of Central Government to make rules.
Chapter X: Claims Tribunals
Section 165: Claims Tribunals.
Section 166: Application for compensation.
Section 167: Option regarding claims for compensation in certain cases.
Section 168: Award of the Claims Tribunal.
Section 169: Procedure and powers of Claims Tribunals.
Section 170: Impleading insurer in certain cases.
Section 171: Award of interest where any claim is allowed.
Section 172: Award of compensatory costs in certain cases.
Section 174: Recovery of money from insurer as arrear of land revenue.
Section 175: Bar on jurisdiction of Civil Courts.
Section 176: Power of State Government to make rules.
Chapter XI: Offences, Penalties, and Procedure
Section 177: General provision for punishment of offences.
Section 179: Disobedience of orders, obstruction, and refusal of information.
Section 180: Allowing unauthorized persons to drive vehicles.
Section 181: Driving vehicles in contravention of Section 3 or Section 4.
Section 182: Offences relating to licences.
Section 182A: Punishment for offences relating to construction and maintenance of vehicles.
Section 183: Driving at excessive speed, etc.
Section 184: Driving dangerously.
Section 185: Driving by a drunken person or by a person under the influence of drugs.
Section 186: Driving when mentally or physically unfit to drive.
Section 187: Punishment for offences relating to accident.
Section 188: Punishment for abetment of certain offences.
Section 189: Racing and trials of speed.
Section 190: Using vehicle in unsafe condition.
Section 191: Sale of vehicle in or alteration of vehicle to condition contravening this Act.
Section 192: Using vehicle without registration.
Section 192A: Using vehicle without permit.
Section 193: Punishment of agents and canvassers without proper authority.
Section 194: Driving vehicle exceeding permissible weight.
Section 195: Imposition of minimum fine under certain circumstances.
Section 196: Driving uninsured vehicle.
Section 197: Taking vehicle without authority.
Section 198: Unauthorized interference with vehicle.
Section 199: Offences by companies.
Section 200: Composition of certain offences.
Section 201: Penalty for causing obstruction to free flow of traffic.
Section 202: Power to arrest without warrant.
Section 205: Presumption of unfitness to drive.
Section 206: Power of police officer to impound document.
Section 207: Power to detain vehicles used without certificate of registration permit, etc.
Section 208: Summary disposal of cases.
Section 209: Restriction on conviction.
Section 210: Courts to send intimation about conviction.
Chapter XII: Miscellaneous
Section 211: Power to levy fee.
Section 212: Publication, commencement, and laying of rules and notifications.
Section 213: Appointment of motor vehicles officers.
Section 214: Effect of appeal and revision on orders passed by original authority.
Section 215: Road Safety Councils and Committees.
Section 216: Power to remove difficulties.
Section 217: Repeal and savings.
Schedules
The First Schedule: Contains provisions for assessing permanent disablement for compensation.
The Second Schedule: Provides a structured formula for payment of compensation in motor accident cases.
Key Provisions of the Motor Vehicles Act:
- Registration of Vehicles:
- Requires all motor vehicles to be registered with a Regional Transport Office (RTO) before being used on public roads.
- Details like ownership, type, and purpose of the vehicle are documented.
- Driver Licensing:
- Mandates the issuance of licenses for operating vehicles.
- Introduces different categories of licenses (e.g., learner, permanent, commercial) based on vehicle type.
- Traffic Regulations:
- Defines speed limits, road signs, and other rules to ensure safe driving.
- Includes penalties for violations like rash driving, drunken driving, and overloading.
- Compensation for Accident Victims:
- Provides mechanisms for compensating victims of road accidents.
- Includes provisions for third-party insurance, ensuring accident victims can claim compensation from insurance companies.
- Offenses and Penalties:
- Details penalties for offenses such as driving without a license, helmet or seatbelt violations, and using vehicles without valid permits.
- The 2019 amendments increased fines to deter violations.
- Road Safety Measures:
- Focuses on initiatives to reduce accidents through better infrastructure, awareness programs, and enforcement.
- Insurance:
- Makes third-party insurance mandatory for all vehicles.
- Ensures financial protection for victims in case of accidents.
Notable Amendments:
- Motor Vehicles (Amendment) Act, 2019:
- Higher Penalties: Significant increase in fines for offenses such as overspeeding and non-use of helmets.
- Electronic Monitoring: Encourages the use of electronic devices to enforce road safety.
- Hit-and-Run Scheme: Enhanced compensation for victims of hit-and-run cases.
- Good Samaritan Protection: Provides legal protection to individuals who assist accident victims.
- Vehicle Recall Policy: Establishes standards for recalling defective vehicles.
The Act aims to promote safer roads, disciplined traffic, and better regulation of the transport system in India. It also strives to hold drivers and vehicle owners accountable for their conduct.