Motor Vehicles Act: Section 158 – Production of certain certificates, licence, and permit in certain cases

(1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorised in this behalf by the State Government, produce—
(a) the certificate of insurance;
(b) the certificate of registration;
(c) the driving licence; and
(d) in the case of a transport vehicle, also the certificate of fitness referred to in section 56 and the permit relating to the use of the vehicle.

(2) If, where owing to the presence of a motor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not at the time produce the certificates, driving licence, and permit referred to in sub-section (1) to a police officer, he shall produce the said certificates, licence, and permit at the police station at which he makes the report required by section 134.

(3) No person shall be liable to conviction under sub-section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within seven days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer in charge of the police station at which he reported the accident:
Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle.

(4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 146 and on any occasion when the driver was required under this section to produce his certificate of insurance.

(5) In this section, the expression “produce his certificate of insurance” means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 146.

(6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this section is completed by a police officer, the officer in charge of the police station shall forward a copy of the same within thirty days from the date of recording of information or, as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also, within thirty days of receipt of such report, forward the same to such Claims Tribunal and Insurer.

Simplified Explanation

Section 158 of the Motor Vehicles Act in India specifies the obligation to produce certain documents—such as insurance certificates, driving licenses, permits, and registration certificates—under specific circumstances, especially after a motor vehicle accident. This section is designed to ensure that the necessary documents related to the vehicle, driver, and insurance are available to authorities for verification and legal processing.

Overview of Section 158

Section 158 outlines the circumstances under which the driver or vehicle owner must produce important documents, such as the certificate of insurance, driving license, and permits, particularly in case of an accident or upon the demand of a law enforcement officer. This section ensures that legal and insurance details are available and verifiable for the smooth functioning of accident investigations and claims processing.

Key Elements of Section 158

1. Obligation to Produce Documents:
   • If an accident occurs involving a motor vehicle that causes injury, death, or significant property damage, the driver or owner of the vehicle must produce:
     • The certificate of insurance.
     • The driving license.
     • The vehicle registration certificate.
     • Any relevant permit if the vehicle is being used for transport purposes (such as a taxi or commercial vehicle).
2. Production to Police Officer:
   • The documents must be produced when requested by a police officer who is investigating the accident. This allows law enforcement to verify the insurance status, the legitimacy of the vehicle’s use, and the qualifications of the driver.
3. Reporting the Accident to the Police:
   • In the event of an accident, the driver or owner of the vehicle is required to report the incident to the nearest police station if a police officer is not already present. Along with the report, they must provide their name, address, and the necessary documents (insurance, license, etc.).
4. Submission of Documents to Claims Tribunal:
   • If the accident results in injuries, death, or significant damage, and the case is taken up by a Claims Tribunal (which handles motor accident compensation claims), the police must submit copies of the insurance certificate, registration certificate, driving license, and vehicle permit to the tribunal within a specified timeframe.
5. Filing Accident Reports:
   • Law enforcement officers are required to submit accident reports, including the necessary documents, to the relevant Claims Tribunal within 30 days from the date of the accident, to ensure that the compensation process for third-party claims can proceed efficiently.

Practical Implications

• Legal Compliance: Vehicle owners and drivers are legally required to carry and produce these documents when asked by the authorities or in the aftermath of an accident, ensuring that they comply with traffic and insurance laws.
• Facilitation of Claims: By mandating the timely submission of these documents to the Claims Tribunal, this section ensures that third-party compensation claims are processed smoothly and without unnecessary delays.
• Insurance Verification: The immediate availability of insurance documents helps ensure that the vehicle has valid coverage, which is crucial for third-party compensation claims.
• Law Enforcement: The police play an essential role in ensuring the documentation is available and filed properly, providing a transparent framework for investigating accidents and processing claims.

Conclusion

Section 158 of the Motor Vehicles Act establishes a clear process for the production of essential documents—such as insurance certificates, licenses, and vehicle registration details—following an accident or upon the request of law enforcement. This provision is critical for ensuring that legal and insurance obligations are met, enabling efficient processing of accident claims, and providing law enforcement with the necessary tools to investigate and verify details related to accidents. By ensuring that these documents are readily available, the section supports the legal and insurance systems in dealing with motor vehicle accidents.