This article is written by Michael Shriney from the Sathyabama Institute of Science and Technology and has been further updated by Sakshi Kuthari. The article gives an outline of the Motor Vehicle Act, 1988. It discusses in detail the essential aspects, offences, amendments, claims tribunal and compensation. The changes done by the legislature in the (Amendment) Act, 2019 are also included. Some provisions have been completely repealed and some have been added or varied from the Motor Vehicle Act, 1988 . It also includes the Supreme Court judgements, information on the Central Motor Vehicle Act of 2019, and Motor Vehicle Rules of 1989 and 2022.
Table of Contents
The Motor Vehicle Act of 1988 (hereinafter referred to as the Act of 1988) regulates all the essential components of road transport vehicles. It took effect on July 1, 1989, covering various laws relating to traffic laws, vehicle insurance, motor vehicle registration, controlling permits, and penalties. For the purpose of ensuring and enhancing road safety, the Government of India, in consultation with the State Transport Ministers, came up with this Motor Vehicle (Amendment) Bill, 2017 to make amendments to the Motor Vehicle Act, 1988. This Bill was introduced by the Minister for Road Transport and Highways, Mr. Nitin Gadkari, on 15 July, 2019. It dealt with the issuance of licences and permits related to motor vehicles, established standards for motor vehicles, and imposed penalties for violations of these provisions. The Bill became law after receiving the President’s assent on 01 September, 2019.
There is a mandate under Section 3 of the Act of 1988 that all drivers must have a valid driving licence, and no vehicle can be driven unless it is registered under the Motor Vehicle Act, 1988. The Preamble of the Act aims to integrate and update motor vehicle legislation, requiring all drivers and conductors to obtain a licence and then drive a vehicle. Section 41(7) of the Motor Vehicles (Amendment) Act, 2019 (hereinafter referred to as the Act of 2019) provides that a vehicle’s registration certificate is valid for a time period of fifteen years from the date of registration and can be renewed.
This article gives an outline of the Act of 1988, it’s important amendments, relevant and recent Supreme Court judgements, the New Amendment Act and Rules, important provisions of the Act, penalties under the Motor Vehicle Act and the differences between the Act of 1988 and the Act of 2019. Let us discuss each aspect of this Act in detail below:
The Motor Vehicle Act comes within the ambit of the law of torts. The law of torts is based on the Latin maxim ubi jus, ibi-remedium, i.e., where there is a right, there is a remedy. This maxim brings into play the concepts of damage and compensation. At this point, the idea of compensating and giving damages comes into action. The Motor Vehicle Act, 1988, is considered a law of welfare aiming to provide relief to those injured in an accident. While the Motor Vehicle Act of 1939 initially consolidated all motor vehicle legislations, it required frequent amendments to stay updated. With the progression of advancements in road transport technology, the expansion of the road network, and changes in passenger transport patterns, a comprehensive revision of the Act became necessary to address new developments related to motor vehicles and its rules and regulations.
The main objective of the Act of 1988 is to provide relief to innocent road users who often, through no fault of their own, become victims of accidents and struggle to receive the compensation they deserve. Under this Act, beyond the laws relating to licensing and registration, various other aspects of road transport vehicles are also covered.
Motor insurance is one of the most important mandatory laws. The motor vehicle should at least have third-party insurance in order to register and drive a vehicle on Indian roads. The Act of 2019 introduces stricter penalties for driving a vehicle without a licence, including a fine of Rupees Two Thousand, three months of imprisonment, and community service for first-time offenders, and a fine of Rupees Four Thousand for repeated offenders.
The Act of 1988 was passed for the purpose of solving the most prominent issues mentioned below:
The original Motor Vehicle Act covers the following offences:
The following are some of the most important provisions of the Act of 1988:
Section 3 of the Act of 1988 addresses the necessity of carrying a driving licence. It states that-
Section 4 of the Act of 1988 deals with the age limitations for driving motor vehicles. It states that-
Under Section 5 of the Act of 1988, it is provided that no owner or person in charge of a motor vehicle shall allow anyone who does not meet the requirements of sections 3 or 4 to drive the motor vehicle.
Section 6(1) of the Act of 1988 provides that no individual shall hold a driving licence while a valid licence is in effect, except for a learner’s licence.
Section 6(2) of the said Act provides that the holder of a driving licence or learner’s licence shall not allow it to be used by anyone else.
Section 6(3) of the said Act provides that nothing in this section shall prevent a licensing authority, as specified in subsection (1) of Section 9 of the said Act, from expanding the classes of vehicles that the driving licence permits the holder to drive.
Section 7(1) of the Act of 1988 provides that no individual shall be granted a learner’s licence to drive a transport vehicle unless they have held a driving licence for a light motor vehicle for at least a period of one year. This subsection shall not apply to e-carts or e-rickshaws.
Section 7(2) of the said Act provides that no individual under the age of eighteen years shall be issued a learner’s licence to drive a motorcycle without gear unless they have written consent from their guardian.
Section 39 of the Act of 1988 provides the necessity for motor vehicle registration, stating that no person is allowed to drive a motor vehicle in a public place, and no owner should permit or allow the motor vehicle to be driven shall in a public place by another person, unless it is registered and the vehicle’s registration certificate of registration has not been suspended temporarily or cancelled permanently.
Under Section 40 of the Act of 1988, it is provided that, in accordance with the provisions of Sections 42, 43, and 60, it is the duty of every owner of a motor vehicle to register his or her vehicle. It is to be done by any registering authority in the State that has jurisdiction over their residence or place of business where the vehicle is primarily kept.
Section 41(1) of the Act of 1988 provides that an application for the registration of a motor vehicle should be submitted by or on behalf of the owner. It must be in the prescribed form and include the required documents, details, and information within the timeframe set by the Central Government.
First proviso of this subsection provides that in cases where a motor vehicle is owned jointly by several people, the application must be submitted by any one co-owner on behalf of all, and that individual will be regarded as the owner for the purposes of the said Act.
The second proviso provides that if there is a new motor vehicle, the registration application must be submitted by the dealer if the vehicle is being registered in the same State where the dealer is located.
Section 41(2) provides that, along with the application of sub-section (1) of Section 41, the prescribed fees must be paid as set by the Central Government.
Certificate of registration: Section 41(3) provides that the registering authority shall issue a certificate of registration in the name of the owner, in a format and containing the details as prescribed by the Central Government.
Section 41(4) provides that in addition to the required details in the certificate of registration, it must also indicate the type of motor vehicle based on its design, construction, and use.
Section 41(5) provides that the registering authority shall record the details of the certificate mentioned in subsection (3) of Section 41. The register is maintained in the format and manner prescribed by the Central Government.
Registration mark: Section 41(6) provides that the registering authority shall assign a distinguishing mark to the vehicle, referred to in the said Act as the registration mark. This mark shall have a set of letters and will be followed by specific letters and numbers allocated to the State by the Central Government through notifications in the Official Gazette. The registration mark must be displayed on the motor vehicle in the format and manner prescribed by the Central Government. The proviso to this subsection provides that for a new motor vehicle, for which registration is applied under the second proviso to subsection (1), the vehicle shall not be delivered to the owner until the registration mark is displayed in the prescribed format and manner.
Validity of certificate of registration: Section 41(7) provides that a certificate of registration issued under subsection (3) of Section 41, whether before or after the commencement of the said Act, for a motor vehicle shall be valid for a period of fifteen years from the date of issue of the registration certificate, subject to the provisions of this Act. The registration certificate may be renewed for such a duration as prescribed by the Central Government.
Renewal of certificate: Section 41(8) provides that an application for the renewal of a certificate of registration, submitted by or on behalf of the vehicle owner, must be made within the prescribed time limit and in the prescribed format, including the required details and information as set by the Central Government.
Section 41(9) of the said Act provides that application of registration certificate must also be accompanied by a fee determined by the Central Government.
Section 41(10) of the said Act provides that, subject to the provisions of Section 56 of the said Act (Certificate of fitness for transport vehicles), the registering authority may renew the certificate of registration upon receiving an application under subsection (8) of Section 41 for a duration as prescribed by the Central Government and shall notify the original registering authority if it is not the original authority. The Central Government has the authority to set different renewal periods for various types of motor vehicles.
Section 41(14) of the said Act provides that an application for a duplicate certificate of registration must be submitted to the last registering authority in the prescribed format, including the necessary details and information, along with the fee prescribed by the Central Government.
Section 66 of the Act of 1988 provides for the necessity for permits. It states that-
Section 112 of the Act of 1988 deals with speed limitations for driving a motor vehicle. It states that-
Section 113 of the Act of 1988 provides for weight limits and restrictions on usages. It states that-
Section 128 of the Act of 1988 provides that no driver of a two wheeler motorcycle shall carry more than one additional person. The additional person must be seated on a properly secured seat behind the seat of the driver and should be equipped with appropriate safety measures.
Section 129 of the Act of 1988 deals with the necessity of wearing head protection. It states that every driver must wear a helmet while driving a motor vehicle in a public place. A helmet is designed to protect against injuries in case of an accident and is securely fastened to the wearer’s head using straps or other fastenings provided on the helmet. The provision of this section does not apply to a Sikh individual who is wearing a turban while driving or riding a motorcycle in a public place. Also, the Central Government may establish rules to ensure the safety of children under four years of age who are riding or being carried on a motorcycle.
Section 130 of the Act of 1988 imposes an obligation to present a driver’s licence and a registration certificate. It states that-
Section 134(1) of the Act of 1988 provides that when a person is injured or third party property is damaged because of an accident involving a motor vehicle, the driver (owner of the vehicle) or other individual in charge of the vehicle must do the following:
Section 136 of the Act of 1988 provides that when an accident takes place involving a motor vehicle, any person authorised by the State Government may, upon presentation of their authority if requested, inspect the motor vehicle. For this purpose of inspection, they may enter any premises where the vehicle is located at a reasonable time and may remove the vehicle for examination. However, the owner of the vehicle must be informed of the location to which the vehicle is taken, and the vehicle shall be returned to the owner, driver, or person in charge within twenty-four hours after the necessary formalities have taken place.
Section 140 of the Act of 1988 mandated compensation under specific circumstances based on the no-fault principle. Please note that, by the Amendment of 2019, this Section has now been omitted. Under this Section, the following was provided:
Section 163(1) of the Act of 1988 provides that the payment of compensation for death of, or serious injury to, any person under Section 161 of the said Act is conditioned on the understanding that if any other compensation or amount is awarded or paid for such death or injury, then the portion of the other compensation equal to the amount paid under Section 161 shall be given as a refund back to the insurer.
Section 163(2) provides that before awarding the amount of compensation for an accident causing death or bodily injury due to the use of a motor vehicle, the Claims Tribunal, or the Court, or other relevant authority must verify whether compensation has already been paid under Section 161 or if an application for compensation is pending under that section. The Tribunal, or the Court, or authority shall do the following:
Section 163A of the Act of 1988 prescribes the laws for granting compensation payments through a structured formula, which states that-
Section 166 of the Act of 1988 describes the procedure for payment of compensation. It states that:
Section 165(1) of the Act of 1988 provides that a State Government may, through a notification in the Official Gazette, establish one or more Motor Accidents Claims Tribunals for a specified area to adjudicate claims for compensation related to accidents resulting in death or bodily injury to individuals caused by the use of motor vehicles and for damages to third-party property arising from such accidents, or both.
Explanation to this subsection provides that the term “claims for compensation in relation to accidents resulting in death or bodily injury to individuals arising from the use of motor vehicles” includes claims for compensation under Section 164.
Section 165(2) of the Act of 1988 provides that a Claims Tribunal shall have as many members as the State Government deems appropriate to appoint. If the Claims Tribunal consists of two or more members, one of them shall be designated as the Chairman.
Section 165(3) of the Act of 1988 provides qualification for appointment as a member of a Claims Tribunal. No person shall be competent to be a member of the Claims Tribunal unless they:
Section 165(4) of the Act of 1988 provides that if multiple Claims Tribunals are established in a given area, the State Government may, through a general or special order, manage the allocation of business among them.
Section 177 of the Act of 1988 provides that a penalty of Rs.500/- is imposed on any person for the first time for violating the rules, regulations, or notifications under the said Act. For the second or subsequent time, the amount of penalty increases to Rs. 1000 and Rs. 500/-.
It is provided under Section 178(1) of the Act of 1988 that any person who travels on a stage carriage without a valid pass or ticket, or who fails or refuses to present or surrender their pass or ticket for inspection upon request, shall be liable to a fine of up to five hundred rupees. The terms ‘pass’ and ‘ticket’ shall have the same meaning as defined under Section 124 of the said Act.
Section 178(2) provides that the conductor of a stage carriage, or the driver acting as a conductor, has the following duties:
(a) supply a ticket to a passenger upon payment of the fare and if he either willfully or negligently:
(b) check any pass or ticket, and either willfully or negligently fail to do so, they shall be subject to a fine of up to five hundred rupees.
Section 178(3) of the said Act provides that if the holder of a permit or the driver of a contract carriage refuses to operate the vehicle or transport passengers in violation of the said Act, or the rules made under it, they shall be subject to:
Section 179 of the Act of 1988 addresses disobedience of orders, obstruction, and refusal of information, stating that-
Section 181 of the Act of 1988 provides for driving a motor vehicle under the requirement for a driving licence and the age restriction related to driving a motor vehicle. It states that:
are subject to imprisonment for a maximum period of three months or a fine of Rs. 5,000/-, or both.
Section 183 of the Act of 1988 describes punishment for driving a motor vehicle at high speed. Sub-section (1) of Section 183 provides that who drives or allows to drive a motor vehicle in violation of the speed limits specified in Section 112 of the said Act (Speed limit) shall face penalties as follows:
Section 183(3) of the said Act provides that no person shall be punished under the preceding subsection based solely on the testimony of one witness claiming that the individual was driving at a speed that was unlawful, unless that opinion is supported by an estimate obtained using a mechanical or electronic device.
Section 183(4) of the said Act provides for the publication of a timetable stating that a journey or part of a journey must be completed within a specific time. In case there is any directive to that effect, it shall be considered prima facie evidence that the person who issued the timetable or direction has committed an offence under subsection (1) if the court finds that completing the journey within that time would not be feasible without violating the speed limits set forth in Section 112 of the said Act.
Section 184 of the Motor Vehicle Act, 1988, deals with instances of driving a motor vehicle dangerously. It states that-
Section 185 of the Motor Vehicle Act, 1988, pertains to drinking and driving or a person who is under influence of drugs. It states that:
On 1st September, 2019, the Motor Vehicle (Amendment) Act, 2019 came into force and completely replaced the Motor Vehicle Act, 1988. While the Bill for its enforcement was introduced in the Parliament, it was kept in mind that an important change was made in the Act for enhancing road safety of the drivers as well as the pedestrians. For this purpose, the traffic penalties were increased, protection was provided for good samaritans, making it an obligation upon the automobile companies to recall defective parts of the vehicle, holding the builders at fault if the quality of road infrastructure is not up to par, and holding the vehicle owners criminally accountable for any violation committed by a juvenile driver, etc.
An amendment to the Act of 1988 was necessary to improve road safety in India. The following are the salient features of the new Motor Vehicle (Amendment) Act, 2019 (w.e.f. 09 August, 2019):
The following Sections are the key provisions under the Motor Vehicles (Amendment) Act, 2019:
Section 149(1) of the said Act mandates that upon receiving information about an accident, whether from the claimant through an accident information report or by other means, the insurance company must appoint an officer to manage the claims related to the reported accident.
Section 149(2) of the said Act specifies that an officer appointed by the insurance company under the preceding subsection has the responsibility for processing the compensation claims and may present a settlement offer to the claimant before the Claims Tribunal. This must be completed within thirty days and in accordance with the procedures prescribed by the Central Government.
Section 149(3) of the said Act provides that, if the claimant to whom the offer is made under sub-section (2) of Section 149:
Under Section 158(1) of the said Act, any person driving a motor vehicle in a public place must, upon request by a uniformed police officer authorised by the State Government, produce the following documents:
Section 158(2) provides that if an accident has been caused and death or bodily injury has occurred in the presence of a motor vehicle in a public place and the driver is not able to produce the requisite certificate, driving licence, and permit to a police officer at the time when the incident took place, it is necessary for the driver or the owner of the vehicle to produce these documents at the police station where the driver reports the incident under Section 134.
Section 158(3) provides that no person shall be convicted for offences under subsections (1) and (2) of Section 158 as a consequence of failing to produce the required certificate. This condition will be met only if the person presents the certificate at the police station specified by them to the requesting police officer, the police officer who was present at the site of the accident, or the officer-in-charge of the police station within a period of seven days from the date it was asked under sub-section (1) or from the date on which the accident took place.
Section 158(4) provides that it is an obligation of the owner of the motor vehicle to provide any information as requested by or on behalf of a police officer authorised by the State Government. This information is essential as it assists in verifying whether the motor vehicle was being driven in violation of Section 146 and whether the driver of the motor vehicle was obligated to furnish the certificate of insurance.
Section 158(5) defines the term “produce the certificate of insurance.” It means presenting the pertinent certificate of insurance for scrutiny or any other credible evidence demonstrating that the motor vehicle was not being driven contrary to the provisions of Section 146 of the said Act.
Section 159 of the said Act requires that a police officer, when investigating an accident, must prepare a report aimed at facilitating the settlement of claims. The report format must adhere to the prescribed guidelines, including essential details, and be submitted to the Claims Tribunal and any other designated authority within a period of three months.
Section 162(1) of the Act introduces the golden hour scheme, requiring general insurance companies operating in India to provide treatment to road accident victims during the critical golden hour period, as outlined in the provisions of the said Act, irrespective of the General Insurance Companies (Nationalisation) Act, 1972, or any other existing laws or legal documents.
Section 162(2) of the said Act mandates that the Central Government establish a scheme for the cashless treatment of victims of accidents during the golden hour, which may involve setting up a dedicated fund for this purpose.
Under sub-section (1) of Section 164 a provision for payment of compensation in case of death or grievous hurt, etc. is provided. Notwithstanding any provisions in the Motor Vehicle (Amendment) Act, 2019, any other current law or any other law for the time being in force or any instrument having legal enforceability and validity, the owner of the motor vehicle or the authorised insurer shall be bound to pay the amount of compensation at the time of death or grievous hurt caused resulting from an accident involving the use of a motor vehicle. The amount of compensation payable shall be rupees five lakhs in case of death and rupees two lakh fifty thousand shall be payable in case of grievous injury, payable to the legal heirs of the deceased or the victims, as the case may be.
Sub-section (2) provides that at the time of claiming compensation under the preceding sub-section, the claimant is not required to plead or prove that the death caused or grievous injury incurred was due to any wrongful act, neglect, or default of the owner of the vehicle, the vehicle itself, or any other person.
Sub-section (3) specifies that the compensation amount payable under this Section will be reduced by any compensation that has already been paid to the claimant under another existing law for death caused or injury resulting from a motor vehicle accident.
Section 164A(1) makes a mandate upon the Central Government to establish schemes for providing interim relief to claimants seeking compensation under Chapter XI of the Motor Vehicle (Amendment) Act, 2019.
Section 164A(2) provides that the scheme established under sub-section (1) of Section 164A must outline the procedure for recovering disbursed funds from the owner of the motor vehicle in cases where the claim stems from the use of that motor vehicle, or from other specified sources as determined by the Central Government.
The Central Government under Section 164B(1) of the said Act shall constitute a ‘Motor Vehicle Accident Fund’, which shall be credited with:
Sub-section (2) of Section 164B provides that the ‘Motor Vehicle Accident Fund’ shall be established to provide compulsory insurance coverage to all road users within the Indian territory.
Sub-section (3) of Section 164B provides that the Fund established under this Section shall be used for the following purposes:
Sub-section (4) of Section 164B provides that in each case, the maximum liability amount shall be as prescribed by the Central Government.
Sub-section (5) of Section 164B provides that in all the cases provided in Section 165(B)(3)(a) of the said Act, when the amount of claim becomes payable, any amount that has been paid from this fund to a person shall be deducted from the claim received by that person from the insurance company.
Sub-section (6) of Section 164B provides that the Motor Vehicle Accident Fund shall be managed by an authority or agency specified by the Central Government, keeping in mind the following factors:
Sub-section (7) of Section 164B provides that the Central Government shall maintain proper books of accounts, relevant records and prepare an annual statement of account for the Motor Vehicle Accident Fund shall be prepared in the prescribed form. It shall be done in consultation with the Comptroller and Auditor General of India.
Sub-section (8) of Section 164B provides that the accounts of Motor Vehicles Accident Fund shall be audited by the Comptroller and Auditor General of India at specified time intervals.
Sub-section (9) of Section 164B provides that under this Act, the Comptroller and Auditor General of India, or any person appointed by them to audit the accounts of the Motor Vehicle Accident Fund, shall have the same rights, privileges, and authority as in the audit of government accounts. It also includes the right to demand the production of books, accounts, vouchers and other documents, as well as the right to inspect any of the authority’s offices.
Sub-section (10) of Section 164B provides that the accounts of the Motor Vehicle Accident Fund, as certified by the Comptroller and Auditor-General of India or any person appointed by them, along with the audit report, shall be forwarded annually to the Central Government. The Central Government shall then present these documents before both Houses of Parliament.
Sub-section (11) of Section 164B provides that any scheme formulated under Section 161(3) of the said Act, as it existed before the commencement of the Motor Vehicle (Amendment) Act, 2019, shall be terminated. All the rights and obligations arising from such schemes shall be fulfilled using these funds from the Motor Vehicle Accident Fund from the date of commencement of the Motor Vehicle (Amendment) Act, 2019, i.e., September 1, 2019.
The Motor Vehicle Act of 1988 underwent a substantial Amendment in 2020, effective from October 1, 2020. One notable change was that it allowed the drivers to keep a softcopy of their driver’s licence and other documents in their vehicle instead of carrying physical papers. It helped millions of people who use the roadways on a daily basis. This change was implemented by the Ministry of Road to ensure compliance with traffic regulations, promote digitalisation, and minimise unnecessary inconvenience to drivers by police officers.
The Hon’ble Supreme Court has held in this case that an insurer cannot raise any defence of negligence on the part of the victim as provided under Section 163A(2) of the Act of 1988 and is not entitled to file a claim for negligence. This landmark case interprets Section 163A of the said Act, which includes specific provisions for compensatory payments based on a structured formula. Below are the facts, issues, and the Court’s ruling in this case:
In a claim procedure under Section 163A of the Motor Vehicle Act, the issue arose in this case as to whether the insurer has the capability to raise a defence or plea of negligence?
The Court held that in cases under Section 163A of the Act of 1988, insurance companies cannot present a defence of negligence on behalf of the victim. Section 163A (2) of the Motor Vehicles Act, 1988, specifically prohibits this practice. Therefore, the owner or insurance company will be liable for compensation and held the following:
The Hon’ble Supreme Court in this case held that a driver holding a light motor vehicle licence can operate a transport vehicle without requiring an endorsement. Below are the facts, issues, and the court’s decision in this case:
According to the Hon’ble Supreme Court it was held that if a driver holds a light motor vehicle licence and operates a transport vehicle of the same type, no additional endorsement is required.
The Hon’ble Supreme in this case held that accidents causing permanent disability, regardless of the percentage of disability, if a person becomes permanently incapacitated from continuing their previous profession, vocation, or business and their income-generating capacity has been affected adversely, future prospects shall be awarded.
The Hon’ble Supreme Court in this case held that the age of the deceased has to be taken into consideration while computing the amount of compensation payable, not the age of the dependents of the deceased.
The Hon’ble Supreme Court in this case held that the issue of granting future prospects is no longer unsettled and is now firmly established.
The following considerations must be taken into account when calculating notional income for homemakers and granting compensation for their future prospects:
The following are the penalties under the New Motor Vehicle Act, 2019:
| S. No | Violation | Legal Provision under the Act of 2019 | New penalty from September 2019 |
| 1. | Driving/ Riding without licence | Section 181 | ₹5,000 and/or community service. |
| 2. | Driving/Riding under the influence of an intoxicating substance | Section 185 | ₹10,000 and/or 6 months prison| ₹15,000 and /or 2 years jail for the repetitive violation. |
| 3. | Overspeeding | Section 183 | Light motor vehicle: ₹1,000- ₹2000MPV/HPV: ₹2,000-₹4,000 (+licence seizure). |
| 4. | Driving without a seat belt | Section 194B | ₹1,000 and/or community service. |
| 5. | Driving/Riding without insurance | Section 196 | ₹2,000 and/or 3-months prison, community service | ₹4,000 for a subsequent offence. |
| 6. | Violating road regulations | Section 177A | ₹500- ₹1000 |
| 7. | Dangerous driving/riding and jumping red light | Section 184 | ₹1,000- ₹5,000 and/or 6-months to 1 year in prison, licence seizure. |
| 8. | Driving/Riding while on the mobile (handheld) | Section 177 | ₹5,000 |
| 9. | Speeding, Racing | Section 189 | ₹5,000 and/or 3-months prison, community service | ₹10,000 for subsequent violation and up to 1 year in prison, community service. |
| 10. | Not giving way to emergency vehicles like ambulances, fire engines, etc. | Section 194E | ₹10,000 and/or community service. |
| 11. | Riding without Helmet (rider and pillion rider) | Section 129 | ₹1000, and or licence disqualification, community service for 3-months. |
| 12. | Overloading Two-Wheelers | Section 194C | ₹2,000 and licence disqualification and/or 3-months of community service. |
| 13. | Juvenile Offences | Section 199A | ₹25,000 with 3-years prison, cancellation of registration for 1-year, juvenile ineligible for licence until 25 years of age. |
| 14. | Driving/Riding despite disqualification | Section 182 | ₹10,000, and/or community service. |
| 15. | Overboarding Passengers | Section 123 | ₹200 for every extra passenger and/or community service. |
| 16. | Driving/Riding without ticket | Section 178 | ₹500 |
| 17. | Offence committed by enforcing authorities such as offering bribes | Section 210B | Twice the penalty (varies according to traffic rules violated). |
| 18. | Unauthorised use of vehicles without licence | Section 180 | ₹1,000- ₹5,000 |
| 19. | Disobedience of orders of the authorities | Section 179 | ₹2,000 |
| 20. | Vehicles without permit | Section 192 | ₹10,000 and/or up-to 6-months prison, community service. |
| 21. | Oversized Vehicles | Section 182B | ₹5,000 to ₹10,000 and/or community service. |
| 22. | Overloading | Section 114 | ₹20,000 + ₹2,000 for every extra tonne and/or community service. |
| 23. | Driving/Riding without licence (for aggregators) | Section 36 | ₹25,000 to ₹1,00,000 |
| 24. | Driving/Riding without registration | Section 192 | ₹5,000 | ₹10,000 for a subsequent offence. |
| 25. | Using horn in silent zone | Section 194F | ₹2,000 | ₹4,000 for a subsequent offence. |
The Ministry of Road, Transport, Highways, and Shipping introduced the Central Motor Vehicle Rules in 1989, which regulate various aspects of vehicle-related activities. These include driver licensing, traffic inspections, manufacturing and maintenance of motor vehicles, as well as the licensing of automotive components and entire vehicles.
Rule 3 of Central Motor Vehicle Rules, 1989 states that this rule does not apply to individuals who are receiving driving lessons or gaining driving experience while undergoing a test of competence to drive, provided the following conditions are met:
Rule 4 of Central Motor Vehicle Rules, 1989 states that every applicant of a motor vehicle licence must provide evidence of their address and age by submitting one or more of the following original documents or relevant self-attested extracts:
In cases where the applicant has sufficient reasons for not possessing any of the above-mentioned documents, the licensing authority may accept an affidavit sworn by the applicant before an Executive Magistrate, First Class Judicial Magistrate, or Notary Public as proof of age and address.
Rule 5 of the Central Motor Vehicle Rules, 1989 states the following:
Rule 6 of Central Motor Vehicle Rules, 1989 provides for a condition when an applicant is exempted from the requirement of submitting a medical certificate. Any applicant who has submitted a medical certificate for obtaining a learner’s licence or driving licence for the purpose of initial issuance, renewal or adding another class of motor vehicle to their licence will not need to provide a medical certificate again, except when applying for the renewal of a driving licence.
On February 15, 2022, the Ministry of Road Transport and Highways released the Central Motor Vehicles (Second Amendment) Rules, 2022, to amend the Central Motor Vehicles Rules, 1989. In the Central Motor Vehicles Rules, 1989, after sub-rule (6) to Rule 138, the following sub-rule (7) has been added:
After one year from the date of publication of the Central Motor Vehicles (Second Amendment) Rules, 2022, the driver of a motorcycle should also ensure the following safety measures while carrying a child between the ages of nine months and four years as a rider, namely:
On April 1, 2022, the Central Motor Vehicles (Fifth Amendment) Rules, 2022, came into effect. These rules introduce a revised process aimed at promptly investigating and resolving Motor Accident Claims. They stipulate that all such claims should be investigated and adjudicated within a timeframe ranging from six months to one year. The new Rules have significantly transformed the jurisprudence of motor accident compensation by ensuring that claimants receive compensation within one year of the accident. These Rules are modelled after the framework established by the Delhi High Court in the case of Rajesh Tyagi & Ors. vs. Jaibir Singh & Ors. (2021).
The new Rules have established specific timelines for various stakeholders to expedite the settlement of Motor Accident Claims:
The Motor Vehicle Act aimed to provide safety to all citizens in the country, protecting them from harm and avoiding traffic congestions. This legislation requires adherence to the laws across all of India and imposes fines for any violation. Both the Motor Vehicle Act, 1988 and the Motor Vehicle (Amendment) Act, 2019 ensure the safety of vehicle owners, drivers, and all road users nationwide. The citizens are expected to adhere to these laws, which are made to promote their own safety and well-being as well as that of others. The Act promotes uniformity across the country to mitigate traffic congestion and reduce accidents. In cases where an unavoidable accident leads to death, permanent disability, or minor injury, victims and their families have the right to seek compensation from the responsible parties or drivers of the vehicle involved. Therefore, it is crucial for everyone to comply with the laws and regulations outlined in the Act to contribute to a safer and better living environment in India.
To apply for a driving licence in India, it is important that the minimum age limitation criterion based on the type of vehicle being driven is met. For two-wheeler Licence, Section 4 of the Act of 1988 provides that a driver must be at least 16 years old for scooters under 50 cc and 18 years old for motorcycles and scooters over 50 cc. Section 7(2) of the said Act also provides that no person below the age of 18 years shall obtain a learner’s licence to drive a gearless motorcycle unless they have written consent from their guardian or caregiver.
Form 29 needs to be filled in case of transfer of ownership of the vehicle.
Under Section 44 of the Act of 1988, it is required to present the vehicle physically before registration. It is provided that, excluding transport vehicles, before registering a motor vehicle or renewing its registration certificate, the registering authority must require the applicant to present the vehicle either before itself or before an authority designated by the State Government. It ensures that the information in the application is correct and meets the requirements of the said Act and its connected rules.
The Motor Accident Claims Tribunal is not a court of record. It is a Civil Court of limited jurisdiction, as held by the Hon’ble Supreme Court in Urvibem Chiragbhai Sheth vs. Vijaybhai Shambhubhai Joranputra & Ors. (2011).
Yes, riding without a helmet is punishable under Section 129 of the Act of 1988.
Section 168 of the Act of 1988 provides for the payment of compensation to the victims of the accident or to the legal representatives of the deceased. It provides that the payment of compensation must be ‘just compensation’. The Hon’ble Supreme Court in State of Haryana vs. Jasbir Kaur (2003) held that the expression ‘just’ denotes an equal, fair, reasonable and non-arbitrary award of compensation.
Section 165(2) of the Act of 1988 provides that the State Government shall decide the number of members of the Claims Tribunal as it may think fit. Where there are two or more members in the Claims Tribunals, one of the members shall be appointed as the Chairman thereof.
Section 165(3) of the Act of 1988 provides that the following persons shall be qualified for appointment as members of the Claims Tribunal:
Section 165 of the Act of 1988 provides that the Motor Accident Claims Tribunal adjudicate upon claims for compensation in respect of accidents involving:
Section 171 of the Act of 1988 provides that where any court or Motor Accidents Claim Tribunal allows a claim for compensation, such Court or Tribunal may direct that, in addition to the amount of compensation, simple interest shall be payable from such date, not earlier than the date of making the claim, as it may specify on this behalf.
Section 189 of the Act of 1988 provides that any person who, without the written consent of the State Government, permits or participates in a race or speed trial of any kind between motor vehicles in any public place shall be punished with an imprisonment for a term of up to three months, a fine of Rupees Five Thousand, or both. For a subsequent offence for the same offence, the punishment shall be imprisonment for a term of up to one year, a fine of Rupees Ten Thousand, or both.
