Motor vehicles act

Description of provisions of Motor Vehicles Act

1. Motor Vehicles Act 1988

2. Introduction The subject of motor vehicles is dealt by the Central Government. The Government of India has a specific Ministry concerned with the Motor Vehicle Laws in India. “Ministry of Road Transport & Highways” The Ministry has two separate wings Roads Wing Transport Wing Roads Wing deals with development and maintenance of National Highway in the country. Transport Wing deals with matters relating to road transport including motor vehicle legislation.

3. MOTOR VEHICLE LAWS IN INDIA The Carriage by Road Act, (2007) The Motor Vehicles Act, (1988) The National Highways Act, (1956) The National Highways Authority of India Act, (1988) The Control of National Highways (Land and Traffic) Act, (2002) The Multimodal Transportation of Goods Act, (1993) The Motor Transport Workers Act, (1961) The Public Liability Insurance Act, (1961) The Road Transport Corporations Act, (1950) The Fatal Accidents Act, (1855)

4. The Motor Vehicles Act, (1988) [Act No. 59 of 1988]

5.  PREAMBLE An Act to consolidate and amend the law relating to motor vehicles. The Act categorizes motor vehicles into different types. Generally the categorization is based on size, type and utility of such vehicles Extends to whole of India Came into force on 1 July 1989 No. of Chapters – 14 No. of Sections – 217 To be noted : Driving license does not mean a learner’s license A minor cannot be an owner (His guardian would be the owner)

6. TYPES OF VEHICLES Contract carriage Goods carriage Heavy goods vehicle Heavy passenger motor vehicle Invalid carriage Light motor vehicle Maxi cab Medium goods vehicle Medium passenger motor vehicle Motor cab Motor car Motor cycle Motor vehicle or vehicle Omnibus Private service vehicle Public service vehicle Semi trailer Stage carriage Tourist vehicle Tractor Trailer Transport vehicle

7. “ 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. “ Heavy goods vehicle ” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; “ Heavy passenger motor vehicle ” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; “ Invalid carriage ” means a motor vehicle specially designed and constructed, and not merely, adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person “ Light motor vehicle ” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7,500 kilograms. “ Maxi cab ” means any motor vehicle constructed or adapted to carry more than six passengers , but not more than twelve passengers, excluding the driver, for hire or reward;

8. Road Signs Road signs, which have the backing of law in India, are incorporated in the Motor Vehicles Act, 1988 Road signs notify road users of regulations and provide warning and guidance needed for safe, uniform and efficient operation .  CLASSIFICATION OF ROAD SIGNS Mandatory/Regulatory Signs Cautionary/Warning Signs Informatory/Guide Signs

9. Mandatory/Regulatory Signs All Mandatory or Regulatory Signs are circular in shape. Mandatory/Prohibitory Signs are to indicate the prohibition upon certain kind of vehicle maneuver and vehicle type like "overtaking prohibited" or "U-turn prohibited" or "cycles prohibited" and restriction on parking like "parking prohibited" and limit on vehicle speed and size like "speed limit" and "maximum load limit" . They are with red circular ring and diagonal bars with black symbols or arrows or letters on white background. The red ring indicates prohibitory regulation; and the diagonal red bar prohibits the action or movement indicated by the black symbol.

10. Mandatory/Regulatory Signs

11. Cautionary/Warning Signs: Cautionary/Warning signs are triangular in shape with red border and black symbol in white background used to caution and alert the road users to potential danger or existence of certain hazardous conditions either on or adjacent to the roadway so that they take the desired action. These signs indicate a need for special caution by road users and may require a reduction in speed or some other maneuver. Some examples of these signs are Hairpin Bend, Narrow Bridge, Gap in Median, School Ahead etc.

12. Cautionary/Warning Signs :

13. Informatory/Guide Signs All Informatory signs and Guiding signs for facilities are rectangular in shape. Informatory Signs for facilities indicates location and direction to facilities like "fuel station" or "eating place" or "parking" and shall be a symbol within a rectangular board with blue background. Information signs in rectangular shape are also used with destination names and distances with arrows indicating the direction. These are used to give such information to road users which will help them along the route in most simple and direct manner.

14. Informatory/Guide Signs

15. ORIENTATION OF SIGNS The signs unless otherwise stated shall normally be placed at right angles to the line of travel of the approaching traffic. Signs relating to parking, however, should be fixed at an angle (approximately) 95° to the carriageway so as to give better visibility.

16. Hit and Run Special provisions as to compensation in case of hit and run motor accident .— “ hit and run motor accident ” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose ;  the insurance companies for the time being carrying on general insurance business in India shall provide for paying in accordance with the provisions of this Act and the scheme, compensation in respect of the death of, or grievous hurt to, persons resulting from hit and run motor accidents . there shall be paid as compensation — ( a)  in respect of the death of any person resulting from a hit and run motor accident, a fixed sum of Rs.25000; “ ( b)  in respect of grievous hurt to any person resulting from a hit and run motor accident, a fixed sum of Rs. 12500“

17.  OFFENCES Different types of offences and penalties have been enumerated in following provisions of the MV Act. Section 177 – General provision for punishment of offences Section 181 – Driving vehicles in contravention of Section 3 & 4 Section 182 – Offences relating to licenses Section 183 – Driving at excessive speed Section184 – Driving dangerously Section 185 – Driving by a drunken person or by a person under the influence of drugs Section 186 – Driving when mentally or physically unfit to drive

18. Section 187 – Punishment for offences relating to accident Section188 – Punishment for abetment of certain offences Section189 – Racing and trials of speed Section 192 – Using vehicles without registration Section 196 – Driving uninsured vehicle Section199 – Offences by companies Section200 – Composition of certain offences Section 201 – Penalty for causing obstruction to free flow of traffic

19. The End Thank You