Motor Vehicles Act: Section 191 – Sale of vehicle in or alteration of vehicle to condition contravening this Act

Whoever, being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle or trailer in such condition that the use thereof in a public place would be in contravention of Chapter VII or any rule made thereunder, or alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of Chapter VII or any rule made thereunder shall be punishable with a fine which may extend to five hundred rupees:

Provided that no person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in a public place until it had been put into a condition in which it might lawfully be so used.

Simplified Explanation

Section 191 of the Motor Vehicles Act deals with the sale or alteration of a vehicle in a way that contravenes the provisions of the Act. This section penalizes individuals or entities that either sell or alter vehicles in a manner that violates the legal requirements related to vehicle safety, construction, maintenance, or operation.

Overview of Section 191

This section is aimed at preventing:

1. The sale of vehicles that do not meet the safety or regulatory standards as prescribed under the Motor Vehicles Act.
2. The alteration or modification of vehicles in a way that makes them non-compliant with the law, particularly when such alterations result in unsafe or unauthorized conditions.

Key Elements of Section 191

1. Sale of Vehicles in Contravention of the Act:
   • It is an offence for any person to sell or deliver a motor vehicle in any condition that violates the provisions of the Motor Vehicles Act.
   • This includes vehicles that do not meet the prescribed safety standards, emissions norms, or construction and equipment requirements set by the Act.
   • For example, selling a vehicle without proper safety features, or with modifications that make it unsafe or environmentally harmful, would be an offence under this section.
2. Alteration of Vehicles:
   • It is also an offence to alter a vehicle in such a way that it no longer complies with the regulations of the Act. Unauthorized modifications, such as tampering with emissions control devices, changing the structure of the vehicle, or modifying it in a way that affects its safety, can lead to penalties under this section.
   • Common illegal alterations could include modifying exhaust systems, removing pollution control devices, or making structural changes that affect the vehicle’s integrity.
3. Penalties for Offences:
   • The penalty for selling or altering a vehicle in contravention of the Act is:
     • A fine of up to ₹5,000 for the first offence.
     • For subsequent offences, a fine of up to ₹10,000 may be imposed.
   • The penalties aim to discourage individuals and businesses from engaging in practices that compromise vehicle safety or regulatory compliance.
4. Focus on Vehicle Safety and Compliance:
   • Section 191 ensures that all vehicles on the road meet the necessary safety, environmental, and construction standards. By penalizing the sale and alteration of non-compliant vehicles, it helps protect public safety and ensure compliance with the law.
5. Accountability for Sellers and Alterers:
   • This section places responsibility on vehicle manufacturers, sellers, and repair shops to ensure that the vehicles they sell or modify comply with legal standards. They cannot claim ignorance if they knowingly sell or modify a vehicle in violation of the Act.

Practical Implications

• Ensuring Vehicle Safety: Section 191 helps maintain vehicle safety by ensuring that vehicles sold or modified meet the required standards. By discouraging unauthorized alterations and the sale of unsafe vehicles, it reduces the risk of accidents caused by improperly constructed or altered vehicles.
• Preventing Environmental Damage: By penalizing alterations that affect emissions control or pollution standards, this section contributes to protecting the environment. Vehicles that emit excessive pollutants due to illegal modifications can be fined under this section.
• Encouraging Compliance: The penalties ensure that individuals and businesses involved in selling or modifying vehicles are motivated to comply with the law. It promotes responsible practices in the sale and alteration of motor vehicles.
• Consumer Protection: This section also indirectly protects consumers from purchasing vehicles that do not meet safety or regulatory standards. It ensures that buyers receive vehicles that comply with all legal requirements, preventing potential safety risks.

Conclusion

Section 191 of the Motor Vehicles Act imposes penalties on individuals or businesses that sell or alter vehicles in violation of the law. By penalizing the sale of non-compliant vehicles and unauthorized modifications, this section ensures that vehicles on public roads meet the required safety, environmental, and operational standards. It promotes compliance among manufacturers, sellers, and repair shops, ultimately contributing to safer roads and reduced environmental harm. The provision helps protect the public from unsafe vehicles and encourages responsible practices in the motor vehicle industry.