The provisions of this Chapter and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in Chapter V or in any other law for the time being in force or in any instrument having effect by virtue of any such law.
Simplified Explanation
Section 98 of the Motor Vehicles Act establishes that the provisions within this particular chapter will take precedence over any conflicting rules or regulations in Chapter V of the Act or any other laws that may govern motor vehicle operations. This section is intended to ensure that, in cases where there might be contradictions between different chapters or legal provisions, the rules outlined in this chapter will prevail.
Key Aspects of Section 98
- Superseding Authority: The provisions of this chapter are given overriding authority over Chapter V (which deals with control of transport vehicles, including permits) and any other existing laws. This means that if there are conflicts between the rules in this chapter and those in Chapter V or other legislation, the rules in this chapter will take precedence.
- Unified Enforcement: This section helps avoid legal confusion by clarifying which set of rules applies when there is a conflict, ensuring that the chapter’s provisions are enforced consistently.
- Application to Specific Areas: This overriding clause often relates to specific regulatory frameworks, like transport policies, permit systems, or public transportation rules, depending on what is covered in the chapter. It is meant to give the chapter more control over certain aspects of transportation governance that might need special attention or focus beyond the general rules outlined in Chapter V.
Legal and Regulatory Impact
- Clarity in Conflicting Situations: In cases where there is a legal conflict between Chapter V and the chapter in which Section 98 appears, the relevant chapter’s rules will be applied. This ensures that the provisions meant to address specific concerns are prioritized.
- Harmonization of Laws: This section allows the Motor Vehicles Act to function smoothly by harmonizing the relationship between different chapters and laws, reducing the likelihood of legal disputes or confusion between different regulatory bodies or stakeholders.
Impact on Stakeholders
- For Transport Authorities: Provides a clear directive on which set of rules to follow when there is a conflict between chapters or other laws, simplifying enforcement.
- For Transport Operators: Helps operators understand which regulations apply to them in cases of legal ambiguity, particularly concerning permits or operational rules.
- For the Public: Ensures that transportation regulations are applied uniformly and fairly, even when there are potentially conflicting laws.
Example of Application
Suppose a new set of transport regulations regarding the operation of electric vehicles (EVs) is introduced in a chapter of the Motor Vehicles Act. If these new rules conflict with some provisions in Chapter V (which deals with general vehicle permits), Section 98 would ensure that the rules concerning EVs in the new chapter override the older provisions in Chapter V, providing a clear and updated legal framework for EV operations.In summary, Section 98 ensures that the specific provisions of the chapter in which it appears have legal priority over potentially conflicting regulations in Chapter V or any other law, thereby clarifying which rules should be followed in cases of conflict. This helps streamline legal processes and enforcement.
