(1) Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle.
(2) Every motor vehicle shall be so constructed as to have right-hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature.
(3) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest, it may by order published in the Official Gazette, notify that any article or process used by a manufacturer shall conform to such standard as may be specified in that order.
Simplified Explanation
Section 109 of the Motor Vehicles Act sets out the general provisions governing the construction and maintenance of motor vehicles. The primary objective of this section is to ensure that all motor vehicles on the road are built and maintained in a way that promotes road safety, environmental protection, and public welfare.
Key Aspects of Section 109
- Standards for Vehicle Construction and Maintenance:
- This section mandates that all vehicles must adhere to specific safety standards in their construction and design. These standards are established by the Central Government or State Governments to ensure that vehicles are safe to operate and do not pose a danger to drivers, passengers, or other road users.
- Vehicles must also be maintained in a manner that ensures they remain roadworthy throughout their use, preventing accidents or breakdowns caused by poor vehicle condition.
- Regulatory Framework:
- The Central Government is empowered to frame detailed rules regarding:
- Vehicle safety features: This includes the installation of safety devices such as brakes, lights, horns, rearview mirrors, and seat belts.
- Environmental compliance: Vehicles must meet emission standards to reduce air pollution. This includes regulations for fuel efficiency and measures to control exhaust gases.
- Structural integrity: Rules can specify the strength and durability of vehicle components, ensuring that critical parts like the chassis, tires, and engine are built to withstand normal use without failure.
- The Central Government is empowered to frame detailed rules regarding:
- Inspection and Enforcement:
- Authorities have the power to inspect vehicles to ensure they meet these construction and maintenance standards. Routine inspections may be carried out during vehicle registration, renewal of registration, or random checks.
- If a vehicle is found to be unsafe or not in compliance with the rules, authorities can:
- Order repairs or modifications to bring the vehicle up to standard.
- Seize or suspend the vehicle’s registration until it is made compliant.
- Responsibilities of Owners and Manufacturers:
- Vehicle Owners: Vehicle owners are responsible for ensuring their vehicles are maintained in a safe and roadworthy condition. This includes regular servicing, repairs, and addressing any issues that could affect safety.
- Manufacturers: Vehicle manufacturers must ensure that vehicles are constructed in accordance with the safety and environmental standards set by the government. They are also responsible for issuing recalls if defects are found that could compromise safety.
- Safety and Environmental Considerations:
- This section emphasizes both safety and environmental concerns. Safety includes preventing mechanical failures that could lead to accidents, while environmental standards aim to reduce the vehicle’s impact on air quality.
Penalties for Non-Compliance
- Vehicles that do not comply with the prescribed construction and maintenance standards can face fines, suspension of registration, or removal from service until they meet the required standards.
- Repeat offenders or those who operate vehicles in hazardous conditions may face stricter penalties, including license suspension or cancellation.
Impact on Stakeholders
- For Vehicle Owners:
- Owners must regularly maintain their vehicles and ensure they are roadworthy. Failing to comply with construction and maintenance standards can result in fines, legal issues, and safety risks.
- For Manufacturers:
- Manufacturers must design and build vehicles that comply with government standards. Non-compliant vehicles may be subject to recalls, fines, or a ban from the market.
- For the General Public:
- Ensures that all vehicles on the road meet safety and environmental standards, reducing the likelihood of accidents and contributing to cleaner air.
Example of Application
Suppose a vehicle manufacturer produces cars that do not meet the emission standards set by the government. Under Section 109, the government can direct the manufacturer to recall and modify these vehicles to bring them into compliance. Similarly, if an individual’s vehicle is found to have faulty brakes during an inspection, the authorities can order the owner to repair the brakes before the vehicle is allowed back on the road.
In summary, Section 109 of the Motor Vehicles Act focuses on ensuring that all vehicles are built and maintained to meet specific safety and environmental standards. It protects public safety by requiring vehicles to be roadworthy and ensures compliance with regulations aimed at reducing pollution and preventing accidents.
