Motor Vehicles Act: Section 28 – Power of State Government to make rules

(1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for: 

(a) the appointment, jurisdiction, control, and functions of licensing authorities and other prescribed authorities; 

(b) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals, and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees; 

(c) the issue of duplicate licences to replace licences lost, destroyed, or mutilated, the replacement of photographs which have become obsolete, and the fees to be charged therefor;

(d) the badges and uniform to be worn by drivers of transport vehicles and the fees to be paid in respect of badges; 

(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8; 

(f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or any portion of the fees payable under this Chapter; 

(g) the communication of particulars of licences granted by one licensing authority to other licensing authorities; 

(h) the duties, functions, and conduct of such persons to whom licences to drive transport vehicles are issued; 

(i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or of the rules made thereunder; 

(j) the manner in which the State Register of Driving Licences shall be maintained under section 26; 

(k) any other matter which is to be, or may be, prescribed.

Simplified Explanation

Section 28 of the Motor Vehicles Act grants the State Government the authority to create rules to regulate various aspects of motor vehicle management and traffic control within their jurisdiction. This section allows the state governments to implement specific provisions of the Act in alignment with local needs and conditions, while still ensuring compliance with the overarching framework set by the Central Government.

Key Points of Section 28:

1. Rule-Making Authority for State Governments:
   • The State Government has the power to make rules concerning matters delegated to them under the Motor Vehicles Act.
   • These rules allow the state governments to manage motor vehicles, traffic, and road safety within their territories, in line with the overall structure provided by the Act and rules made by the Central Government under Section 27.
2. Scope of State Rules:
   • The State Government can frame rules for a range of issues related to motor vehicles and road safety, including:
     • Issuance, renewal, and suspension of driving licences.
     • Conditions and procedures for granting and revoking learner’s licences.
     • Regulations for the registration of vehicles, including procedures for transfer of ownership and re-registration of vehicles from other states.
     • Conditions for transport vehicles, including permits for goods and passenger transport.
     • Control of traffic and setting local traffic rules, including speed limits and parking regulations.
     • Regulations for driving schools or establishments imparting driver training, ensuring they meet safety and competency standards.
     • Procedures for road safety measures, such as helmet usage, seat belt enforcement, and vehicle inspections.
3. Flexibility to Address Local Conditions:
   • States are given flexibility to adapt the rules to their specific regional conditions and road infrastructure. For instance, states can set their own guidelines for traffic control, vehicle permits, and local licensing authorities.
   • This flexibility allows the State Governments to address unique challenges such as rural road conditions, congestion in urban areas, and state-specific traffic concerns.
4. Consistency with Central Rules:
   • While the State Government has rule-making powers, the rules created under Section 28 must be consistent with the broader rules and regulations made by the Central Government under Section 27.
   • This ensures that there is uniformity in the application of the law across the country, even though states may have specific rules suited to their local needs.
5. Publication of Rules:
   • Once the rules are made by the State Government, they must be published in the Official Gazette of the state. This ensures that the rules are officially recognized and made available to the public, law enforcement agencies, and other stakeholders.
   • The publication also ensures transparency and helps in making people aware of the specific traffic regulations in their state.
6. Matters Specific to State Government Rule-Making: The State Government’s rule-making powers can cover the following specific areas:
   • Regulation of driving schools and establishments that provide driver training, including requirements for instructors, facilities, and certification processes.
   • Conditions for issuing licences to transport vehicles, including regulations for permits to carry goods and passengers.
   • Rules regarding the use of roads for public transport services, taxis, and other vehicles that require special permits.
   • Licensing of conductors for public service vehicles, such as buses, ensuring they are qualified to operate and assist passengers.
7. State Registers of Driving Licences and Vehicles:
   • The State Government is responsible for maintaining and updating the State Registers of driving licences and vehicles, as outlined in Section 26. This helps in tracking the issuance and status of driving licences and vehicle registrations within the state.
   • States can create specific rules to manage these registers and ensure the smooth functioning of local licensing and registration systems.
8. Enforcement of Local Traffic Laws:
   • The State Government can also establish local traffic regulations under this section, including speed limits, traffic signals, no-parking zones, and regulations for traffic officers.
   • This allows the state to effectively manage and control traffic within cities, towns, and rural areas.
9. Revision and Amendment of Rules:
   • States have the authority to revise and amend their rules as necessary to address changing circumstances, such as technological advancements, changes in vehicle types, and road safety concerns.

Purpose of Section 28:

• Localized Governance: This section provides the State Government with the power to create rules that reflect local needs and conditions, allowing them to manage traffic and road safety issues that are specific to their region.
• Collaboration with Central Guidelines: While the section grants state-level authority, it ensures that there is alignment with Central Government rules, maintaining a balance between national uniformity and regional flexibility.
• Effective Traffic Management: By giving states the ability to manage licences, vehicle permits, and local traffic rules, Section 28 ensures that states have the tools they need to ensure smooth traffic flow, regulate transport services, and enforce road safety regulations.

Conclusion:

Section 28 empowers the State Government to make rules for the effective administration of the Motor Vehicles Act within their jurisdiction. These rules cover a wide range of areas, including licensing, registration, traffic control, and public transport regulation. The section ensures that state governments can tailor their rules to meet local needs while still aligning with national standards.