(1) Where an application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then, notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act.
(2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply.
(3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles, and the special registration marks to be assigned to such vehicles.
(4) For the purposes of this section, “diplomatic officer” or “consular officer” means any person who is recognized as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final.
Simplified Explanation
Section 42 deals with the special registration requirements for motor vehicles owned by:
- Diplomatic officers.
- Consular officers.
- Other individuals or organizations enjoying diplomatic privileges under international agreements or law.
These individuals often enjoy certain immunities and privileges, and their vehicles are registered under a special process that differs from the standard vehicle registration.
Key Points
- Exemption from Standard Rules:
- Diplomatic officers and others who enjoy diplomatic privileges are exempt from the usual vehicle registration process outlined in Section 41.
- Instead of following the standard rules applicable to ordinary citizens, these individuals have a special procedure for registering their vehicles, recognizing their diplomatic status.
- Issuance of Special Registration Numbers:
- Vehicles registered under this section are issued special registration numbers that are distinct from regular vehicle registration numbers.
- These numbers often contain specific prefixes or formats that denote the diplomatic status of the vehicle and its owner, such as the well-known “CC” (Consular Corps) or “DC” (Diplomatic Corps) format used in India.
- Application Process:
- The application for registration is made to a designated authority responsible for handling diplomatic matters. This is usually a specific office within the Ministry of External Affairs or an equivalent authority responsible for managing foreign relations.
- The documentation required for the registration of these vehicles may also differ from the standard process.
- Privileges and Immunities:
- Vehicles registered under Section 42 may enjoy certain privileges and immunities. For example, diplomatic vehicles are often exempt from certain taxes, duties, or legal processes (such as impounding).
- Diplomats often have immunity from prosecution under local laws, including those related to traffic violations, unless waived by their home country. Their vehicles may not be subject to the same regulations or penalties as regular vehicles.
- Reciprocal Agreements:
- These special provisions are often based on reciprocal agreements between countries, meaning that similar privileges are granted to Indian diplomatic personnel in other countries as part of international diplomatic relations.
- Protection from Legal Action:
- Diplomatic vehicles registered under this section are typically protected from certain legal actions, like being seized or impounded for minor violations. However, severe cases, such as those involving public safety, might still be subject to international diplomatic protocols and negotiations.
Example Scenario
A foreign ambassador in India buys a vehicle for official use. Instead of following the regular registration process, the vehicle is registered under Section 42 with a special “DC” (Diplomatic Corps) registration plate. This identifies the vehicle as one belonging to a diplomatic officer and may exempt it from certain local taxes or duties. In the event of a minor traffic violation, the authorities might not be able to penalize the vehicle without going through diplomatic channels.
Importance
This section ensures that vehicles belonging to diplomats are treated in line with their internationally recognized privileges. It provides a formal mechanism for registering diplomatic vehicles while respecting the special rights and immunities granted to diplomatic personnel under international law.
Conclusion
Section 42 of the Motor Vehicles Act provides special provisions for registering the vehicles of diplomatic officers and consular officers, ensuring that their vehicles are recognized as enjoying diplomatic privileges. The vehicles are registered with special numbers and may be exempt from certain local regulations, in line with international diplomatic norms.