(1) The State Government may prescribe the conditions for the issue of permits for 1[transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer—
(a) The unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or
(b) The laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.
(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.
Simplified Explanation
Section 113 of the Motor Vehicles Act establishes rules regarding the maximum permissible weight that vehicles can carry and imposes limitations on vehicle use based on weight considerations. The goal of this section is to ensure that vehicles, especially commercial vehicles, operate safely on roads without damaging infrastructure or creating hazards due to overloading.
Key Aspects of Section 113
- Maximum Weight Limits:
- The Central Government or State Government prescribes maximum weight limits for vehicles, including the gross vehicle weight (GVW) and the axle load.
- The vehicle’s total weight, including its load, must not exceed the limits set by the government. These limits are crucial for road safety and infrastructure preservation, as overloaded vehicles can cause accidents or damage roads and bridges.
- The manufacturer’s specifications (also known as the “registered laden weight” or RLW) and government standards determine the maximum allowable weight for each vehicle.
- No Overloading:
- It is illegal for a vehicle to carry a load beyond its prescribed capacity or the permissible weight limit as determined by law.
- Overloaded vehicles pose significant safety risks, such as loss of control, increased stopping distances, tire blowouts, and accidents. They can also cause wear and tear on roads, leading to damage that requires costly repairs.
- Weighing of Vehicles:
- Transport authorities have the right to stop and weigh vehicles at checkpoints or weigh stations to ensure compliance with weight limits.
- If a vehicle is found to be overloaded, the driver or operator may be directed to remove the excess load before continuing the journey. Authorities may also impose penalties for overloading.
- Limitations on Use:
- The Act places limitations on the use of vehicles based on their size, weight, and purpose. For example, vehicles that are too heavy for certain bridges or roads may be restricted from using those routes to prevent damage.
- There may also be restrictions on the type of cargo being carried, particularly for hazardous materials or goods that require special handling.
- Responsibility of the Owner and Driver:
- Both the owner and the driver of the vehicle are responsible for ensuring that the vehicle does not exceed the permissible weight limits.
- Commercial vehicle operators must regularly check the weight of their loads to ensure compliance with the law and prevent overloading.
Penalties for Overloading
- Fines and Penalties:
- Vehicles found to be carrying loads beyond the legal weight limits are subject to fines, which vary depending on the level of overloading and state regulations.
- In cases of severe overloading or repeated offenses, additional penalties may include the suspension of vehicle registration or driver’s license.
- Seizure of the Vehicle:
- If overloading is deemed dangerous or causes significant damage to infrastructure, authorities may seize the vehicle until the load is reduced to the permissible limit.
- Legal Action:
- If an overloaded vehicle causes an accident or significant road damage, the owner and driver may face legal action, including liability for damages caused.
Impact on Stakeholders
- For Commercial Vehicle Operators:
- They must ensure that their vehicles are loaded in compliance with the prescribed weight limits. Overloading can lead to fines, vehicle breakdowns, accidents, and damage to roads, all of which can affect business operations.
- Proper load management and regular vehicle inspections are essential to avoid penalties.
- For Vehicle Manufacturers:
- Manufacturers must specify the maximum load capacity for vehicles they produce. These specifications help ensure that vehicles are used within safe weight limits to avoid accidents or breakdowns.
- For Drivers:
- Drivers are responsible for ensuring their vehicle’s load does not exceed the legal weight limits. Failing to adhere to these rules can result in penalties, fines, and suspension of their driving license.
- For the Public and Infrastructure:
- Overloaded vehicles can cause significant damage to public roads, bridges, and highways. By enforcing weight limits, authorities aim to prevent such damage, ensuring safer and more durable infrastructure.
Example of Application
Imagine a truck transporting goods is stopped at a weigh station on a national highway. If the truck is found to be overloaded beyond the permissible limit set for its type, the authorities may impose a fine and order the driver to offload the extra weight. The driver would not be allowed to continue the journey until the vehicle complies with the legal weight limit. In the case of repeated overloading, the truck’s registration could be suspended.
Safety and Compliance
- Vehicle Safety:
- Overloaded vehicles are harder to control, stop, and maneuver, making them more likely to be involved in accidents. By adhering to weight limits, vehicle owners and drivers help prevent these dangers.
- Environmental Impact:
- Vehicles carrying excessive loads can also cause environmental harm by increasing fuel consumption and emissions. Compliance with weight limits ensures more efficient fuel use and reduced environmental impact.
In summary, Section 113 of the Motor Vehicles Act ensures that vehicles, especially heavy and commercial ones, operate within legally prescribed weight limits to maintain road safety and protect infrastructure. Overloading is prohibited, and penalties are imposed on those who exceed these limits. Both vehicle owners and drivers are responsible for compliance, and authorities enforce these rules through vehicle inspections and weigh stations.