Motor Vehicles Act: Section 190 – Using vehicle in unsafe condition

(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with a fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months or with a fine which may extend to one thousand rupees, or with both.

(2) Any person who drives or causes or allows to be driven, in any public place, a motor vehicle which violates the standards prescribed in relation to road safety, control of noise, and air pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.

(3) Any person who drives or causes or allows to be driven, in any public place, a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence with a fine which may extend to three thousand rupees, or with imprisonment for a term which may extend to one year, or with both; and for any second or subsequent offence with a fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with both.

Simplified Explanation

Section 190 of the Motor Vehicles Act addresses the offence of using a vehicle in an unsafe condition, which includes driving or allowing a vehicle to be driven when it poses a danger to road safety due to mechanical defects, poor maintenance, or not meeting legal standards. This section ensures that vehicles on public roads are safe and properly maintained to prevent accidents and protect public safety.

Overview of Section 190

This section penalizes the use of vehicles that are:

1. In a dangerous condition that could cause harm or risk to the public.
2. In violation of safety standards, including emissions, equipment, or other legal requirements.

Key Elements of Section 190

1. Offence of Using a Vehicle in an Unsafe Condition:
   • It is an offence to use or allow the use of a motor vehicle in any public place if the vehicle is in a condition that is dangerous to the public. This includes:
     • Mechanical defects such as faulty brakes, steering, or lights.
     • Poor vehicle maintenance leading to the risk of failure.
     • Exceeding permissible limits on vehicle emissions, pollution, or noise.
2. Specific Violations Covered:
   • The section also applies to vehicles that do not comply with the standards of construction, maintenance, and use as prescribed under the Act. This includes issues such as:
     • Vehicles that emit excessive smoke or pollutants.
     • Use of defective parts or equipment.
     • Overloading of vehicles that makes them unstable or dangerous to operate.
3. Penalties for First Offence:
   • For using a vehicle in unsafe conditions for the first time, the penalties are:
     • Fine of up to ₹1,000 for light motor vehicles.
     • Fine of up to ₹2,000 for other vehicles.
   • These fines aim to deter vehicle owners and drivers from neglecting safety standards.
4. Penalties for Subsequent Offences:
   • For subsequent offences, the penalties increase, and the offender may face:
     • Imprisonment of up to three months, or
     • A fine of up to ₹5,000, or
     • Both imprisonment and a fine.
   • This escalation in penalties is designed to discourage repeated violations of safety standards.
5. Focus on Emissions and Environmental Standards:
   • The section also includes specific penalties for vehicles that exceed emissions limits set by environmental standards. If a vehicle is emitting excessive smoke or noise beyond permissible limits, it is considered a violation under this section.
   • Penalties for violating emissions norms can include a fine of up to ₹10,000 and additional legal action for repeated offences.
6. Liability of Vehicle Owners and Operators:
   • Both the driver and the owner or person in charge of the vehicle can be held liable under Section 190 if they knowingly allow an unsafe vehicle to be driven on public roads.

Practical Implications

• Promoting Road Safety: Section 190 ensures that vehicles on public roads are in a safe operating condition, thereby reducing the risk of accidents caused by mechanical failures, poor maintenance, or excessive emissions.
• Encouraging Regular Vehicle Maintenance: By imposing penalties for using unsafe vehicles, this section encourages vehicle owners and operators to regularly maintain their vehicles, ensuring that critical systems like brakes, lights, and steering are in proper working order.
• Environmental Protection: The penalties for exceeding emissions limits help to curb pollution caused by vehicles that are not compliant with environmental standards. This contributes to the reduction of air pollution from motor vehicles.
• Accountability for Vehicle Owners: Vehicle owners are held responsible for ensuring that their vehicles meet the required safety and emissions standards. This section makes it clear that negligence in maintaining vehicle safety will result in legal consequences.
• Deterring Repeat Offenders: The increased penalties for subsequent offences serve as a deterrent against habitual offenders who repeatedly allow unsafe vehicles on the road. It promotes compliance with the law to maintain vehicle safety standards.

Conclusion

Section 190 of the Motor Vehicles Act penalizes the use of vehicles in unsafe conditions, including those with mechanical defects, poor maintenance, or excessive emissions. It imposes fines and imprisonment to ensure that vehicles on public roads are safe and compliant with legal standards. By holding vehicle owners and drivers accountable, this section promotes road safety, reduces accidents, and protects the environment from harmful vehicle emissions.