(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination:
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.
(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the licence for examination.
(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photocopies of the same, duly attested in person or send the same by registered post to the officer who demanded it.
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.
Simplified Explanation
Section 130 of the Motor Vehicles Act outlines the obligations of drivers to produce their driving license and the vehicle’s certificate of registration upon request by a police officer or other authorized personnel. This provision is essential for ensuring that all vehicles on the road are operated legally and by qualified drivers. Here’s a detailed explanation:
Section 130 mandates that any person driving a vehicle on public roads must carry their driving license and the vehicle’s registration certificate at all times. These documents must be produced for inspection upon the request of a police officer in uniform or other authorized officials.
Key Points of Section 130:
- Obligation to Carry Documents:
- Drivers are required to have their driving license, which confirms their qualification to drive, and their vehicle’s certificate of registration, which shows that the vehicle is legally registered.
- Production on Demand:
- These documents must be presented to any authorized personnel, typically a police officer, who requests them during stops or checks on the road.
- Electronic Presentation:
- In some jurisdictions, digital versions of these documents stored in officially recognized apps or databases may also be acceptable. This adaptation reflects technological advancements and changing administrative practices.
- Failure to Produce Documents:
- If a driver fails to produce these documents when requested, they may be subject to fines or penalties. In cases where documents are not present at the time but are produced at a police station within a specified period (commonly within 24 hours), penalties may be waived or reduced.
- Verification of Documents:
- Authorized personnel have the right to inspect these documents to verify their validity, ensuring that they are not expired, forged, or otherwise invalid.
- Temporary Seizure:
- In some cases, if there is suspicion of the vehicle being involved in unlawful activities or the documents being fraudulent, the officer may temporarily seize the documents.
Importance of Section 130:
- Regulatory Compliance: Ensures that all drivers on the road are properly licensed and that vehicles are registered, enhancing road safety and legal compliance.
- Law Enforcement: Aids police and other authorities in enforcing traffic laws and regulations, and in identifying and penalizing unauthorized or unqualified drivers.
- Public Safety: Promotes public safety by ensuring that only qualified individuals are operating vehicles and that those vehicles are fit for road use according to legal standards.
This section of the Motor Vehicles Act is a fundamental part of the legal framework governing road use, aiming to maintain order and safety on the roads by ensuring that drivers and vehicles meet the required legal standards.
