(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads;
(b) the installation and use of weighing devices;
(c) the maintenance and management of wayside amenities complexes;
(d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicles, subject to such conditions as may be prescribed;
(e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;
(f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place;
(g) prohibiting the taking hold of or mounting of a motor vehicle in motion;
(h) prohibiting the use of footpaths or pavements by motor vehicles;
(i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic; and
(j) any other matter which is to be, or may be, prescribed.
Simplified Explanation
Section 138 of the Motor Vehicles Act grants the State Governments the authority to make specific rules tailored to local needs and conditions concerning road transport. This provision complements the central rules by addressing regional variations and specific challenges faced by individual states. Here’s a detailed explanation:
Section 138 enables State Governments to create rules that support and enhance the implementation of the Motor Vehicles Act within their respective jurisdictions. This includes setting regulations that may focus on local road safety, vehicle standards, and driver conduct specific to the state’s needs.
Key Points of Section 138:
- Scope of Rule-Making:
- State Governments can make rules regarding vehicle registration, road taxes, state-specific traffic regulations, and licensing details that complement central government rules but are tailored to local circumstances.
- Traffic Management and Safety:
- Rules can be established for traffic management, including regulation of parking zones, no-entry zones, one-way roads, and speed limits tailored to local road conditions.
- Public Transport Regulation:
- States can set guidelines for the operation of public transport within their territory, including the regulation of auto-rickshaws, taxis, buses, and other public conveyances.
- Road Safety Programs:
- State-specific road safety programs, including campaigns for wearing helmets, using seat belts, and preventing drunk driving, can be initiated under this section.
- Pollution Control:
- States may impose stricter emission standards and enforce pollution control measures based on local environmental conditions and priorities.
- Penalties and Fines:
- The state can prescribe specific penalties and fines for violations of rules made under this section, which may be different from those set by the Central Government.
- Procedural Details:
- Details concerning the procedure for obtaining permits, licenses, and registration that require adaptation to local needs can be defined by state rules.
Importance of Section 138:
- Local Adaptation: Enables legal and regulatory adaptation to the specific needs, challenges, and conditions of individual states, ensuring more effective management of local transport issues.
- Decentralized Governance: Supports decentralized governance by empowering states to make decisions that best suit their regional context.
- Enhanced Enforcement: Allows for the development of enforcement mechanisms that are appropriate for local conditions, potentially increasing compliance and effectiveness.
Section 138 reflects the understanding that while uniformity in motor vehicle regulations is essential for national coherence, local conditions often require tailored approaches. This section ensures that state governments have the necessary legislative backing to address specific regional transport challenges effectively.
