Motor Vehicles Act: Section 65 – 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 64.

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

(a) 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;

(b) the appointment, functions, and jurisdiction of registering and other prescribed authorities;

(c) the exemption of road-rollers, graders, and other vehicles designed and used solely for the construction, repair, and cleaning of roads from all or any of the provisions of this Chapter and the rules made thereunder, and the conditions governing such exemption;

(d) the issue or renewal of certificates of registration and fitness, and duplicates of such certificates to replace certificates lost, destroyed, or mutilated;

(e) the production of certificates of registration before the registering authority for the revision of entries therein of particulars relating to the gross vehicle weight;

(f) the temporary registration of motor vehicles, and the issue of temporary certificates of registration and marks;

(g) the manner in which the particulars referred to in sub-section (2) of section 58 and other prescribed particulars shall be exhibited;

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

(i) the forms, other than those prescribed by the Central Government, to be used for the purpose of this Chapter;

(j) the communication between registering authorities of particulars of certificates of registration and by owners of vehicles registered outside the State of particulars of such vehicles and of their registration;

(k) the amount or amounts under sub-section (13) of section 41 or sub-section (7) of section 47 or sub-section (4) of section 49 or sub-section (5) of section 50;

(l) the extension of the validity of certificates of fitness pending consideration of applications for their renewal;

(m) the exemption from the provisions of this Chapter, and the conditions and fees for exemption, of motor vehicles in the possession of dealers;

(n) the form in which and the period within which the return under section 62 shall be sent;

(o) the manner in which the State Register of Motor Vehicles shall be maintained under section 63;

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

Simplified Explanation

Section 65 gives the State Government the authority to make rules for implementing and regulating the provisions of the Motor Vehicles Act at the state level. These rules are intended to cover state-specific issues, such as local traffic regulations, conditions for licenses, permits, and the management of motor vehicles operating within the state.

Key Points

  1. State-Specific Rule-Making Authority:
    • The State Government has the power to create rules on a variety of topics related to motor vehicles, as long as they do not conflict with the rules made by the Central Government under Section 64.
    • This allows states to address local issues, such as traffic control, public transport systems, and vehicle management, that may differ from region to region.
  2. Areas Where States Can Make Rules:
    • Licensing: States can create rules regarding the granting and renewal of driver’s licenses, including setting additional qualifications, medical standards, and procedures for conducting driving tests.
    • Vehicle Registration: States can establish processes for registration, transfer of ownership, and renewal of registration certificates.
    • Control of Transport Vehicles: States can regulate the operation of transport vehicles (e.g., buses, taxis, goods vehicles) within the state, including setting permit conditions, regulating fares, and determining routes.
    • Traffic Regulations: Rules related to speed limits, parking regulations, and the use of highways can be established to manage local traffic flow and road safety.
    • Taxation: States can impose road taxes and fees related to the operation of motor vehicles within their jurisdiction, including setting up collection procedures.
    • Safety and Inspection: States may specify rules for the inspection of motor vehicles to ensure roadworthiness, emission compliance, and adherence to safety standards.
    • Permits: States can regulate the issuance of permits for goods vehicles, passenger buses, autorickshaws, and other public transport vehicles, as well as set conditions for the renewal, suspension, or cancellation of permits.
  3. Consistency with Central Rules:
    • The rules made by the State Government must be consistent with the Central Government’s rules and the broader provisions of the Motor Vehicles Act. States cannot create rules that contradict the central regulations but can add state-specific details where necessary.
  4. Matters Related to Public Transport:
    • States have the authority to make rules specifically for public transport vehicles, such as buses, autorickshaws, and taxis. These rules can cover:
      • Issuance of permits.
      • Setting fare rates.
      • Regulating vehicle types used in public transport.
      • Conditions for vehicle use (such as mandatory safety equipment or emission controls).
    • States can also regulate the movement of goods vehicles and prescribe routes and areas where certain types of vehicles can or cannot operate.
  5. Enforcement of Traffic Laws:
    • The State Government can make rules regarding the enforcement of traffic laws, such as penalties for violations, the conduct of traffic police, and rules for implementing traffic signals and signs.
    • Rules for the management of road infrastructure, including construction and maintenance of highways, can also be included.
  6. Publication of Rules:
    • Any rules made by the State Government under Section 65 must be published in the Official Gazette. This makes the rules legally binding and ensures they are available to the public for reference.
    • Once published, these rules have the force of law within the state and can be enforced by local authorities.

Example Scenario

Suppose the State Government of Maharashtra wants to regulate autorickshaws in Mumbai by introducing a new rule that requires all autorickshaws to install GPS tracking devices for passenger safety. Under Section 65, Maharashtra can create a rule specific to public transport autorickshaws, setting the conditions for this requirement, and it will apply to all autorickshaws operating within the state.

Similarly, Delhi might set specific rules for the operation of electric vehicles (EVs), including special provisions for charging infrastructure and tax exemptions for EV owners, which would apply only within the state of Delhi.

Importance

This section ensures that states have the flexibility to create rules that address local transportation issues while staying within the framework of the national Motor Vehicles Act. It enables each state to respond to its specific challenges, such as traffic congestion, road safety, and public transport needs, while ensuring consistency with the overall law.

Conclusion

Section 65 of the Motor Vehicles Act empowers State Governments to make rules that are necessary for the effective regulation of motor vehicles within their jurisdiction. These rules cover areas like licensing, vehicle registration, public transport, and traffic management, allowing states to adapt the national law to meet local conditions.

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