Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.
Simplified Explanation
Section 40 provides guidelines on where a motor vehicle should be registered. It ensures that vehicle registration happens in the appropriate jurisdiction based on the owner’s residence or place of business.
Key Points
- Place of Registration:
- The registration of a motor vehicle must be done at the Regional Transport Office (RTO) or any other authority designated for registration, located in the area where the owner resides or has their place of business.
- If the vehicle is normally kept in a location that is different from the owner’s residence or business address, the vehicle should be registered in the area where the vehicle is kept.
- Jurisdiction of Authority:
- Every state and union territory in India has specific RTOs or other authorized bodies for vehicle registration. The vehicle must be registered with the authority that has jurisdiction over the location where the owner resides, operates their business, or keeps the vehicle.
- For example, if someone lives in Mumbai, they need to register their vehicle with an RTO in Mumbai and not in another city or state.
- Temporary Registration:
- In case of temporary registration (such as when purchasing a new vehicle that needs to be moved to a different location), the vehicle may be given a temporary registration number by the dealer or the RTO. This allows the vehicle to be driven for a limited time while awaiting permanent registration.
- Interstate and Interstate Transfers:
- If a vehicle is transferred from one state to another or from one RTO jurisdiction to another, it may require re-registration in the new location. However, the specific process for this varies depending on the duration of stay in the new location and state laws.
- Penalties for Non-Compliance:
- Driving a vehicle without proper registration or failing to register a vehicle at the correct location can lead to penalties such as fines, impounding of the vehicle, or refusal to grant registration.
Example Scenario
If someone buys a car in Pune but lives and works in Delhi, they must register the vehicle in Delhi, where their residence or place of business is located, and not in Pune. The registration authority in Delhi will then issue the Registration Certificate (RC) based on the vehicle details and the owner’s address.
Importance
This section ensures that every vehicle is registered in the correct jurisdiction. Registering a vehicle where the owner resides or where it is used helps authorities keep accurate records, manage traffic violations, and ensure proper local governance over vehicle ownership and usage.
Conclusion
Section 40 of the Motor Vehicles Act mandates that the registration of a motor vehicle must be done in the jurisdiction where the owner lives, does business, or where the vehicle is normally kept. This ensures that vehicle records are maintained by the appropriate authorities and that local rules and regulations are followed.
