When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:
Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned 2[after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty-four hours].
Simplified Explanation
Section 136 of the Motor Vehicles Act specifies the procedures and requirements for inspecting a vehicle that has been involved in an accident. This provision is essential for determining the extent of damages, understanding the circumstances leading to the accident, and ensuring that vehicles are safe to return to the road if they are repaired. Here’s a detailed explanation:
Section 136 mandates the inspection of any vehicle involved in an accident to assess damage, ensure compliance with safety standards, and determine any contributing mechanical failures or illegal modifications that could have led to the accident.
Key Points of Section 136:
- Mandatory Inspection:
- Vehicles involved in accidents must undergo a mandatory inspection by authorized personnel. This might include traffic police, motor vehicle inspectors, or other designated officials.
- Purpose of Inspection:
- The main goals are to document the extent of damage, identify any failures in crucial systems like brakes or steering, and ensure that the vehicle meets safety standards before it can be driven again.
- Compliance with Safety Norms:
- The inspection checks for adherence to applicable safety norms and regulations. This ensures that any repairs made post-accident restore the vehicle to a condition that is safe for road use.
- Reporting:
- Post-inspection, a report is usually prepared detailing the findings. This report can be crucial for insurance claims, legal proceedings related to the accident, and for the vehicle owner to understand what repairs are necessary.
- Legal and Insurance Implications:
- The inspection results can significantly affect legal outcomes in cases of disputes and are often required by insurance companies to process claims related to the accident.
- Retesting After Repairs:
- If the vehicle undergoes significant repairs following an accident, it may need to be retested to ensure that it is safe to return to the road. This is especially true if structural components of the vehicle were damaged and repaired.
Importance of Section 136:
- Road Safety: Ensures that vehicles involved in accidents are safe to operate on public roads and do not pose a hazard to the driver or others.
- Accountability: Helps in the accurate assessment of damages and the determination of liability or fault in accidents.
- Prevention of Future Accidents: Identifies potential mechanical issues or design flaws that could be corrected to prevent future accidents.
Section 136 reflects a comprehensive approach to post-accident procedures, emphasizing vehicle safety and the integrity of road traffic systems. It supports legal and insurance processes while prioritizing public safety and the responsible management of motor vehicles post-accident.