Motor Vehicles Act: Section 110 – Power of Central Government to make rules

(1) The Central Government may make rules regulating the construction, equipment, and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:—

(a) The width, height, length, and overhang of vehicles and of the loads carried;
(b) The size, nature, maximum retail price, and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;
(c) Brakes and steering gear;
(d) The use of safety glasses including prohibition of the use of tinted safety glasses;
(e) Signalling appliances, lamps, and reflectors;
(f) Speed governors;
(g) The emission of smoke, visible vapour, sparks, ashes, grit, or oil;
(h) The reduction of noise emitted by or caused by vehicles;
(i) The embossment of chassis number and engine number and the date of manufacture;
(j) Safety belts, handle bars of motor cycles, auto-dippers, and other equipment essential for the safety of drivers, passengers, and other road users;
(k) Standards of the components used in the vehicle as inbuilt safety devices;
(l) Provision for transportation of goods of dangerous or hazardous nature to human life;
(m) Standards for emission of air pollutants;
(n) Installation of catalytic converters in the class of vehicles to be prescribed;
(o) The placement of audio-visual or radio or tape recorder type of device in public vehicles;
(p) Warranty after the sale of the vehicle and norms therefor:

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

(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances.

(3) Notwithstanding anything contained in this section,—
(a) The Central Government may exempt any class of motor vehicles from the provisions of this Chapter;
(b) A State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.

Simplified Explanation

Section 110 of the Motor Vehicles Act gives the Central Government the authority to make specific rules regarding the construction, equipment, and maintenance of motor vehicles and trailers. The purpose of these rules is to ensure that vehicles operating on Indian roads meet safety standards, are environmentally compliant, and are fit for road use.

Key Aspects of Section 110

• Scope of Rule-Making Power:
  • The Central Government has the power to create rules covering various aspects related to motor vehicles, including:
    • Design and Construction: Rules related to how vehicles are built, ensuring that their design meets the necessary safety standards.
    • Vehicle Equipment: Specifications for equipment such as brakes, lights, horns, mirrors, seat belts, airbags, and other safety devices.
    • Maintenance Standards: Rules ensuring that vehicles are regularly maintained to prevent accidents or breakdowns. This includes guidelines for vehicle inspections, servicing intervals, and fitness checks.
    • Environmental Compliance: Regulations regarding emission standards to reduce air pollution caused by motor vehicles. This includes requirements for exhaust systems, fuel efficiency, and measures to control vehicle emissions.
• Types of Vehicles Covered:
  • The rules created under Section 110 apply to all types of motor vehicles, including:
    • Passenger vehicles (cars, buses, and taxis).
    • Goods vehicles (trucks, trailers, and other commercial transport vehicles).
    • Two-wheelers (motorcycles and scooters).
    • Trailers and other attachments used in conjunction with motor vehicles.
• Specific Areas for Rules: The Central Government may create rules regarding the following:
  • Brakes and Steering Systems: Specifications for brake systems to ensure they are reliable and efficient under various road conditions, and for steering mechanisms to ensure full control of the vehicle.
  • Lighting and Indicators: Rules on the type, positioning, and brightness of lights (headlights, tail lights) and indicators for safety during night driving or low-visibility conditions.
  • Safety Equipment: Requirements for seat belts, airbags, rear-view mirrors, speed governors, and other safety equipment to protect drivers and passengers in case of accidents.
  • Exhaust Systems: Specifications for exhaust pipes and mufflers to reduce noise and emissions, including ensuring that vehicles comply with pollution control standards.
  • Vehicle Dimensions: Rules on the maximum permissible height, length, and width of vehicles to prevent road congestion and ensure that vehicles can safely navigate roads and bridges.
  • Tires and Wheels: Requirements for tire types, tread depth, and wheel sizes to ensure vehicles maintain traction and stability on roads.
  • Fuel System: Guidelines for the fuel tanks and systems in vehicles, ensuring they are safe and minimize the risk of leaks or explosions.
• Environmental Protection:
  • The rules also address environmental concerns, requiring vehicles to meet specific emission standards that help in reducing air pollution. These regulations include guidelines on fuel efficiency and the use of alternative energy sources like electric vehicles (EVs).
• Inspection and Enforcement:
  • The rules framed under this section also empower authorities to inspect vehicles to ensure compliance with the standards. Vehicles found to be non-compliant may be subject to penalties, and their use may be prohibited until they meet the required standards.

Implementation and Compliance

• Vehicle Manufacturers:
  • Manufacturers must design and build vehicles that comply with the rules set by the Central Government. Failure to meet these standards could lead to fines, recalls, or bans on the sale of non-compliant vehicles.
• Vehicle Owners and Operators:
  • Owners and operators are responsible for maintaining their vehicles to ensure ongoing compliance with the rules. For example, regular servicing and emissions testing may be required to maintain roadworthiness.
• Authorities:
  • Transport authorities and police are responsible for enforcing the rules. They can conduct vehicle inspections, issue fines for non-compliance, and even impound vehicles that are unsafe or do not meet the set standards.

Impact on Stakeholders

• For Manufacturers: They must adhere to strict safety and environmental standards during the design and production of vehicles. Non-compliance with these rules can result in penalties or recalls.
• For Vehicle Owners and Drivers: Ensuring that vehicles are maintained and meet the prescribed safety and emission standards is crucial to avoid fines and to ensure the vehicle’s safe operation on the road.
• For the Public and Environment: These rules contribute to safer roads by ensuring that vehicles meet safety requirements, while also reducing environmental harm caused by vehicle emissions.

Example of Application

If the Central Government introduces a new rule requiring all vehicles to be equipped with anti-lock braking systems (ABS), manufacturers must ensure that all new vehicles comply with this rule. Vehicle owners would need to retrofit their vehicles with ABS, if necessary, to meet the compliance standards during inspections.In summary, Section 110 empowers the Central Government to make rules regarding the construction, equipment, and maintenance of vehicles. These rules ensure that vehicles are safe, environmentally friendly, and suitable for road use. By setting standards for vehicle design, safety features, and maintenance, the government aims to reduce accidents and pollution while ensuring the roadworthiness of all motor vehicles.