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The Motor Vehicles Act, 1988 consolidates and amends laws related to motor vehicles in India, covering various aspects such as licensing, registration, and traffic control. It includes provisions for the licensing of drivers and conductors, registration of vehicles, and penalties for offenses. The Act aims to ensure road safety and regulate the use of motor vehicles across the country.

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0% found this document useful (0 votes)
7 views13 pages

Sample Preview: Tansukh Paliwal

The Motor Vehicles Act, 1988 consolidates and amends laws related to motor vehicles in India, covering various aspects such as licensing, registration, and traffic control. It includes provisions for the licensing of drivers and conductors, registration of vehicles, and penalties for offenses. The Act aims to ensure road safety and regulate the use of motor vehicles across the country.

Uploaded by

sk83186566431991
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Motor Vehicles Act, 1988

THE
MOTOR VEHICLES ACT, 1988

मोटर वाहन अधिननयम, 1988

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By

Tansukh Paliwal
LL.M., CA vi
Ex. Govt Officer (Raj.)
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Founder, Linking Laws
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(1)
Motor Vehicles Act, 1988

INDEX
S.R. TOPIC Page
1. Legal Disclaimer 3
2. Section wise Page Number Index 4-10
3. Chapter Wise Range Sections 11-156
I PRELIMINARY 1-2B 11-15
II LICENSING OF DRIVERS OF MOTOR VEHICLES 3-28 16-31
III LICENSING OF CONDUCTORS OF STAGE 29-38 32-34
CARRIAGES
IV REGISTRATION OF MOTOR VEHICLES 39-65 35-54

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V CONTROL OF TRANSPORT VEHICLES 66-96 55-81
VI SPECIAL PROVISIONS RELATING TO STATE 97-108 82-86
TRANSPORT UNDERTAKINGS
VII CONSTRUCTION, EQUIPMENT
MAINTENANCE OF MOTOR VEHICLES
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VIII CONTROL OF TRAFFIC 112-138 91-100


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IX MOTOR VEHICLES TEMPORARILY LEAVING OR 139 101-10


VISITING INDIA
X LIABILITY WITHOUT FAULT IN CERTAINCASES 140-144 102
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XI INSURANCE OF MOTOR VEHICLES AGAINST 145-164D 103-117


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THIRD PARTY RISKS


XII CLAIMS TRIBUNALS 165-176 118-121
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XIII OFFENCES, PENALTIES AND PROCEDURE 177-210D 122-139


XIV MISCELLANEOUS 211-217A 140-146
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- SCHEDULE I-II 147-156


4. QR Code for Landmark Judgments (Year wise & Subject wise) 157

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(2)
Motor Vehicles Act, 1988

Legal Disclaimer
All efforts have been made to avoid any kind of typing or other kind of
error or omission, though It is humbly requested to all readers that in
case of doubt kindly prefer official text of the legislation as passed by
Parliament. By Scanning following QR code You may have official text
of parliament regarding MOTOR VEHICLES ACT, 1988: -

किसी भी प्रिार िी टाइप ग िं या अन्य प्रिार िी त्रुटट या चूि से बचने िे लिए सभी प्रयास किए गए
हैं, हािाांकि सभी ाठिों से किनम्र अनुरोध है कि सांदेह िी स्थिकि में िृ या सांसद द्वारा ाररि किधध
िे आधधिाररि शब्दों िो प्रािधमििा दें । ननम्न प्रस्तुत क्यूआर कोड को स्कैन करके आ मोटर
िाहन अधधकनयम, 1988 िे सांबध ां में सांसद िा आधधिाररि ाठ प्राप्ि िर सििे हैं: -

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Source: https://legislative.gov.in & indiacode.nic.in
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MOTOR VEHICLES ACT, 1988

© All rights including copyright reserved with the publisher.

Disclaimer
No part of the present book may be reproduced re-casted by any person in any manner
whatsoever or translated in any other language without written permission of publishers
or Author(s). All efforts has been made to avoid any error or mistakes as to contents but
this book may be subject to any un-intentional error/omission etc.
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(3)
Motor Vehicles Act, 1988
CONTENTS / नवषय सूची
Sec. Title Page No.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement 11
2. Definitions 11-15
2A. e-cart and e-rickshaw. 15
2B. Promotion of innovation 15
CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES
3. Necessity for driving licence 16
4. Age limit in connection with driving of motor vehicles 16
5. Responsibility of owners of motor vehicles for contravention of sections 16
3 and 4
6. Restrictions on the holding of driving licences 16
7. Restrictions on the granting of learner’s licences for certain vehicles 16
8. Grant of learner’s licence 17

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9. Grant of driving licence 18-19
10. Form and contents of licences to drive 20
11. Additions to driving licence 20
12.
instruction in driving of motor vehicles
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Licensing and regulation of schools or establishments for imparting 20-21

13. Extent of effectiveness of licences, to drive motor vehicles 22


14. Currency of licences to drive motor vehicles 22
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15. Renewal of driving licences 22-23


16. Revocation of driving licence on grounds of disease or disability 23
17. Orders refusing or revoking driving licences and appeals therefrom 23
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18. Driving Licences to drive motor vehicles, belonging to the Central 24


Government
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19. Power of licensing authority to disqualify from holding a driving licence 24-25
or revoke such licence
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20. Power of Court to disqualify 25-26


21. Suspension of driving licence in certain cases 26
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22. Suspension or cancellation of driving licence on conviction 27


23. Effect of disqualification order 27
24. Endorsement 28
25. Transfer of endorsement and issue of driving licence free from 29
endorsement
25A. National Register of Driving Licences 29
26. Maintenance of State Registers of Driving Licences 30
27. Power of Central Government to make rules 30-31
28. Power of State Government to make rules 31
CHAPTER III
LICENSING OF CONDUCTORS OF STAGE CARRIAGES
29. Necessity for conductor’s licence 32
30. Grant of conductor’s licence 32
31. Disqualifications for the grant of conductor’s licence 32

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(4)
Motor Vehicles Act, 1988

THE MOTOR VEHICLES ACT, 1988


ACT NO. 59 OF 1988
[14th October, 1988.]
An Act to consolidate and amend the law relating to motor vehicles.
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:—

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
(1) This Act may be called the Motor Vehicles Act, 1988.
(2) It extends to the whole of India.
(3) It shall come into force on such date1as the Central Government may, by
notification in the Official Gazette, appoint; and different dates may be
appointed for different States and any reference in this Act to the
commencement of this Act shall, in relation to a State, be construed as a
reference to the coming into force of this Act in that State.

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2. Definitions.
In this Act, unless context otherwise requires,—
(1) “adapted vehicle” means a motor vehicle either specially designed and
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constructed, or to which alterations have been made under sub-section (2) of
section 52, for the use of a person suffering from any physical defect or
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disability, and used solely by or for such person;
(1A) “aggregator” means a digital intermediary or market place for a passenger
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to connect with a driver for the purpose of transportation;


(1B) “area”, in relation to any provision of this Act, means such area as the State
Government may, having regard to the requirements of that provision,
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specify by notification in the Official Gazette;


(2) “articulated vehicle” means a motor vehicle to which a semitrailer is
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attached;
(3) “axle weight” means in relation to an axle of a vehicle the total weight
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transmitted by the several wheels attached to that axle to the surface on


which the vehicle rests;
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(4) “certificate of registration” means the certificate issued by a competent


authority to the effect that a motor vehicle has been duly registered in
accordance with the provisions of Chapter IV;
(4A) “community service” means an unpaid work which a person is required to
perform as a punishment for an offence committed under this Act;
(5) “conductor”, in relation to a stage carriage, means a person engaged in
collecting fares from passengers, regulating their entrance into, or exit from,
the stage carriage and performing such other functions as may be
prescribed;
(6) “conductor’slicence” means the licence issued by a competent authority
under Chapter III authorising the person specified therein to act as a
conductor;

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Motor Vehicles Act, 1988
(7) “contract carriage” means a motor vehicle which carries a passenger or
passengers for hire or reward and is engaged under a contract, whether
expressed or implied, for the use of such vehicle as a whole for the carriage
of passengers mentioned therein and entered into by a person with a holder
of a permit in relation to such vehicle or any person authorised by him in this
behalf on a fixed or an agreed rate or sum —
(a) on a time basis, whether or not with reference to any route or
distance; or
(b) from one point to another,
and in either case, without stopping to pick up or set down passengers
not included in the contract anywhere during the journey, and
includes—
(i) amaxicab; and
(ii) a motor cab notwithstanding that separate fares are charged for
its passengers;
(8) “dealer” includes a person who is engaged—
(a) omitted

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(b) in building bodies for attachment to chassis; or
(c) in the repair of motor vehicles; or
(d) in the business of hypothecation, leasing or hire-purchase of motor

(9)
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“driver” includes, in relation to a motor vehicle which is drawn by another
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motor vehicle, the person who acts as a steersman of the drawn vehicle;
(9A) “driver refresher training course” means the course referred to in sub-
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section (2A) of section19;


(10) “driving licence” means the licence issued by a competent authority under
Chapter II authorising the person specified therein to drive, otherwise than
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as a learner, a motor vehicle or a motor vehicle of any specified class or


description;
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(11) “educational institution bus” means an omnibus, which is owned by a


college, school or other educational institution and used solely for the
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purpose of transporting students or staff of the educational institution in


connection with any of its activities;
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(12) “fares” includes sums payable for a season ticket or in respect of the hire of
a contract carriage;
(12A) “golden hour” means the time period lasting one hour following a traumatic
injury during which there is highest likelihood of preventing death by
providing prompt medical care;
(13) “goods” includes live-stock, and anything (other than equipment ordinarily
used with the vehicle) carried by a vehicle except living persons, but does not
include luggage or personal effects carried in a motor car or in a trailer
attached to a motor car or the personal luggage of passengers travelling in
the vehicle;
(14) “goods carriage” means any motor vehicle constructed or adapted for use
solely for the carriage of goods, or any motor vehicle not so constructed or
adapted when used for the carriage of goods;

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(12)
Motor Vehicles Act, 1988

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Motor Vehicles Act, 1988

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Motor Vehicles Act, 1988

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Motor Vehicles Act, 1988

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Motor Vehicles Act, 1988

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THE SECOND SCHEDULE.— Schedule for compensation for third party fatal
accidents/injury cases claims Omitted by the Motor Vehicles (Amendment) Act, 2019 (32 of 2019),
s. 93 (w.e.f. 1-4-2022).

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(156)
Motor Vehicles Act, 1988

Scan QR
for
Landmark Judgments
(Year wise & Subject wise)

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Motor Vehicles Act, 1988

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