The Motor Vehicles Act, 1988
(Act No. 59 of 1988) — Assented to on 14th October, 1988; brought into force with effect from 1st July, 1989 (vide Notification No. S.O. 368(E), dated 22-5-1989)
An Act to consolidate and amend the law relating to motor vehicles.
Chapter I — Preliminary
- 1. Short title, extent and commencement
- 2. Definitions
- 2A. e-cart and e-rickshaw
- 2B. Promotion of innovation
Chapter II — Licensing of Drivers of Motor Vehicles
- 3. Necessity for driving licence
- 4. Age limit in connection with driving of motor vehicles
- 5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4
- 6. Restrictions on the holding of driving licences
- 7. Restrictions on the granting of learner’s licences for certain vehicles
- 8. Grant of learner’s licence
- 9. Grant of driving licence
- 10. Form and contents of licences to drive
- 11. Additions to driving licence
- 12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles
- 13. Extent of effectiveness of licences, to drive motor vehicles
- 14. Currency of licences to drive motor vehicles
- 15. Renewal of driving licences
- 16. Revocation of driving licence on grounds of disease or disability
- 17. Orders refusing or revoking driving licences and appeals therefrom
- 18. Driving Licences to drive motor vehicles, belonging to the Central Government
- 19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence
- 20. Power of Court to disqualify
- 21. Suspension of driving licence in certain cases
- 22. Suspension or cancellation of driving licence on conviction
- 23. Effect of disqualification order
- 24. Endorsement
- 25. Transfer of endorsement and issue of driving licence free from endorsement
- 25A. National Register of Driving Licences
- 26. Maintenance of State Registers of Driving Licences
- 27. Power of Central Government to make rules
- 28. Power of State Government to make rules
Chapter III — Licensing of Conductors of Stage Carriages
- 29. Necessity for conductor’s licence
- 30. Grant of conductor’s licence
- 31. Disqualifications for the grant of conductor’s licence
- 32. Revocation of a conductor’s licence on grounds of disease or disability
- 33. Orders refusing, etc., conductor’s licences and appeals therefrom
- 34. Power of licensing authority to disqualify
- 35. Power of Court to disqualify
- 36. Certain provisions of Chapter II to apply to conductor’s licence
- 37. Savings
- 38. Power of State Government to make rules
Chapter IV — Registration of Motor Vehicles
- 39. Necessity for registration
- 40. Registration, where to be made
- 41. Registration, how to be made
- 42. Special provision for registration of motor vehicles of diplomatic officers, etc
- 43. Temporary registration
- 44. Production of vehicle at the time of registration
- 45. Refusal of registration or renewal of the certificate of registration
- 46. Effectiveness in India of registration
- 47. Assignment of new registration mark on removal to another State
- 48. No objection certificate
- 49. Change of residence or place of business
- 50. Transfer of ownership
- 51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc
- 52. Alteration in motor vehicle
- 53. Suspension of registration
- 54. Cancellation of registration suspended under section 53
- 55. Cancellation of registration
- 56. Certificate of fitness of transport vehicles
- 57. Appeals
- 58. Special provisions in regard to transport vehicles
- 59. Power to fix the age limit of motor vehicle
- 60. Registration of vehicles belonging to the Central Government
- 61. Application of Chapter to trailers
- 62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority
- 62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles
- 62B. National Register of Motor Vehicles
- 63. Maintenance of State Registers of Motor Vehicles
- 64. Power of Central Government to make rules
- 65. Power of State Government to make rules
Chapter V — Control of Transport Vehicles
- 66. Necessity for permits
- 66A. National Transportation Policy
- 66B. No bar against permit holders to apply and hold licences under schemes
- 67. Power to State Government to control road transport
- 68. Transport Authorities
- 69. General provision as to applications for permits
- 70. Application for stage carriage permit
- 71. Procedure of Regional Transport Authority in considering application for stage carriage permit
- 72. Grant of stage carriage permits
- 73. Application for contract carriage permit
- 74. Grant of contract carriage permit
- 75. Scheme for renting of motor cabs
- 76. Application for private service vehicle permit
- 77. Application for goods carriage permit
- 78. Consideration of application for goods carriage permit
- 79. Grant of goods carriage permit
- 80. Procedure in applying for and granting permits
- 81. Duration and renewal of permits
- 82. Transfer of permit
- 83. Replacement of vehicles
- 84. General conditions attaching to all permits
- 85. General form of permits
- 86. Cancellation and suspension of permits
- 87. Temporary permits
- 88. Validation of permits for use outside region in which granted
- 88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods
- 89. Appeals
- 90. Revision
- 91. Restriction of hours of work of drivers
- 92. Voidance of contracts restrictive of liability
- 93. Agent or canvasser or aggregator to obtain licence
- 94. Bar on jurisdiction of Civil Courts
- 95. Power of State Government to make rules as to stage carriages and contract carriages
- 96. Power of State Government to make rules for the purposes of this Chapter
Chapter VI — Special Provisions Relating to State Transport Undertakings
- 97. Definition
- 98. Chapter to override Chapter V and other laws
- 99. Preparation and publication of proposal regarding road transport service of a State transport undertaking
- 100. Objection to the proposal
- 101. Operation of additional services by a State transport undertaking in certain circumstances
- 102. Cancellation or modification of scheme
- 103. Issue of permits to State transport undertakings
- 104. Restriction on grant of permits in respect of a notified area or notified route
- 105. Principles and method of determining compensation and payment thereof
- 106. Disposal of article found in vehicles
- 107. Power of State Government to make rules
- 108. Certain powers of State Government exercisable by the Central Government
Chapter VII — Construction, Equipment and Maintenance of Motor Vehicles
- 109. General provision regarding construction and maintenance of vehicles
- 110. Power of Central Government to make rules
- 110A. Recall of motor vehicles
- 110B. Type of approval certificate and testing agencies
- 111. Power of State Government to make rules
Chapter VIII — Control of Traffic
- 112. Limits of speed
- 113. Limits of weight and limitations on use
- 114. Power to have vehicle weighed
- 115. Power to restrict the use of vehicles
- 116. Power to erect traffic signs
- 117. Parking places and halting stations
- 118. Driving regulations
- 119. Duty to obey traffic signs
- 120. Vehicles with left hand control
- 121. Signals and signalling devices
- 122. Leaving vehicle in dangerous position
- 123. Riding on running board, etc
- 124. Prohibition against travelling without pass or ticket
- 125. Obstruction of driver
- 126. Stationary vehicles
- 127. Removal of motor vehicles abandoned or left unattended on a public place
- 128. Safety measures for drivers and pillion riders
- 129. Wearing of protective headgear
- 130. Duty to produce licence and certificate of registration
- 131. Duty of the driver to take certain precautions at unguarded railway level crossing
- 132. Duty of driver to stop in certain cases
- 133. Duty of owner of motor vehicle to give information
- 134. Duty of driver in case of accident and injury to a person
- 134A. Protection of Good Samaritans
- 135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc
- 136. Inspection of vehicle involved in accident
- 136A. Electronic monitoring and enforcement of road safety
- 137. Power of Central Government to make rules
- 138. Power of State Government to make rules
Chapter IX — Motor Vehicles Temporarily Leaving or Visiting India
Chapter X — Liability Without Fault in Certain Cases [Omitted]
Chapter XI — Insurance of Motor Vehicles Against Third Party Risks
- 145. Definitions
- 146. Necessity for insurance against third party risks
- 147. Requirements of policies and limits of liability
- 148. Validity of policies of insurance issued in reciprocating countries
- 149. Settlement by insurance company and procedure therefor
- 150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
- 151. Rights of third party against insurers on insolvency of insured
- 152. Duty to give information as to insurance
- 153. Settlement between insurers and insured persons
- 154. Saving in respect of sections 151, 152 and 153
- 155. Effect of death on certain causes of action
- 156. Effect of certificate of insurance
- 157. Transfer of certificate of insurance
- 158. Production of certain certificates, licence and permit in certain cases
- 159. Information to be given regarding accident
- 160. Duty to furnish particulars of vehicle involved in accident
- 161. Special provisions as to compensation in case of hit and run motor accident
- 162. Scheme for golden hour
- 163. Refund in certain cases of compensation paid under section 161
- 164. Payment of compensation in case of death or grevious hurt, etc
- 164A. Scheme for interim relief for claimants
- 164B. Motor Vehicle Accident Fund
- 164C. Power of Central Government to make rules
- 164D. Power of State Government to make rules
Chapter XII — Claims Tribunals
- 165. Claims Tribunals
- 166. Application for compensation
- 167. Option regarding claims for compensation in certain cases
- 168. Award of the Claims Tribunal
- 169. Procedure and powers of Claims Tribunals
- 170. Impleading insurer in certain cases
- 171. Award of interest where any claim is allowed
- 172. Award of compensatory costs in certain cases
- 173. Appeals
- 174. Recovery of money from insurer as arrear of land revenue
- 175. Bar on jurisdiction of Civil Courts
- 176. Power of State Government to make rules
- 177. General provision for punishment of offences
- 177A. Penalty for contravention of regulations under section 118
Chapter XIII — Offences, Penalties and Procedure
- 178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
- 179. Disobedience of orders, obstruction and refusal of information
- 180. Allowing unauthorised persons to drive vehicles
- 181. Driving vehicles in contravention of section 3 or section 4
- 182. Offences relating to licences
- 182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
- 182B. Punishment for contravention of section 62A
- 183. Driving at excessive speed, etc
- 184. Driving dangerously
- 185. Driving by a drunken person or by a person under the influence of drugs
- 186. Driving when mentally or physically unfit to drive
- 187. Punishment for offences relating to accident
- 188. Punishment for abetment of certain offences
- 189. Racing and trials of speed
- 190. Using vehicle in unsafe condition
- 191. [Omitted]
- 192. Using vehicle without registration
- 192A. Using vehicle without permit
- 192B. Offences relating to registration
- 193. Punishment of agents, canvassers and aggregators without proper authority
- 194. Driving vehicle exceeding permissible weight
- 194A. Carriage of excess passengers
- 194B. Use of safety belts and the seating of children
- 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders
- 194D. Penalty for not wearing protective headgear
- 194E. Failure to allow free passage to emergency vehicles
- 194F. Use of horns and silence zones
- 195. [Omitted]
- 196. Driving uninsured vehicle
- 197. Taking vehicle without authority
- 198. Unauthorised interference with vehicle
- 198A. Failure to comply with standards for road design, construction and maintenance
- 199. Offences by companies
- 199A. Offences by juveniles
- 199B. Revision of fines
- 200. Composition of certain offences
- 201. Penalty for causing obstruction to free flow of traffic
- 202. Power to arrest without warrant
- 203. Breath tests
- 204. Laboratory test
- 205. Presumption of unfitness to drive
- 206. Power of police officer to impound document
- 207. Power to detain vehicles used without certificate of registration permit, etc
- 208. Summary disposal of cases
- 209. Restriction on conviction
- 210. Courts to send intimation about conviction
- 210A. Power of State Government to increase penalties
- 210B. Penalty for offence committed by an enforcing authority
- 210C. Power of Central Government to make rules
- 210D. Power of State Government to make rules
Chapter XIV — Miscellaneous
- 211. Power to levy fee
- 211A. Use of electronic forms and documents
- 212. Publication, commencement and laying of rules and notifications
- 213. Appointment of motor vehicles officers
- 214. Effect of appeal and revision on orders passed by original authority
- 215. Road Safety Councils and Committees
- 215A. Power of Central Government and State Government to delegate
- 215B. National Road Safety Board
- 215C. Power of Central Government to make rules
- 215D. Power of State Government to make rules
- 216. Power to remove difficulties
- 217. Repeal and savings
- 217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939
Amending Acts incorporated: the Motor Vehicles (Amendment) Act, 1994 (54 of 1994); the Motor Vehicles (Amendment) Act, 2000 (27 of 2000); the Motor Vehicles (Amendment) Act, 2001 (39 of 2001); the Motor Vehicles (Amendment) Act, 2015 (3 of 2015); the Motor Vehicles (Amendment) Act, 2019 (32 of 2019); and the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023).
