MVA 1988 (1 to 4).pdf

Motor vehicle act book

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Motor Vehicle Act 1988
(with Amendment of 2019)
• Act was enacted in 1988, but came into effect on 1
st
July 1989.
• In 2019 the Government of India amended this legislation to incorporate necessary
modifications that were required with the passage of time. The President of India gave his
assent to such amendment on 9th August 2019 and finally it came into effect on 1
st
September
2019.
• In the following sections I have discussed motor vehicle act, including amendment of 2019,
keeping in mind requirements of the exam.

Chapters and Schedules of the Motor Vehicle Act.

• Chapters




















Sr. No. Chapter Number Chapter Name
1 I Preliminary
2 II Licensing of drivers of motor vehicles
3 III Licensing of conductors of stage carriages
4 IV Registration of motor vehicles
5 V Control of Transport Vehicles
6 VI Special provision relating to State Transport Undertakings
7 VII Construction, Equipment and Maintenance of motor vehicle
8 VIII Control of Traffic
9 IX Motor vehicle temporarily leaving or visiting India
10 X Liability without fault in certain cases

This chapter has been omitted with the Motor Vehicle
(Amendment) 2019.
11 XI Insurance of motor vehicle against third party risks

This is the only chapter that has been entirely substituted
with newer version provided under the Motor Vehicle
(Amendment) Act, 2019.
12 XII Claims Tribunals
13 XIII Offence, Penalties and Procedure
14 XIV Miscellaneous

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Schedule:
i. Originally the Motor Vehicle Act contained two schedule, however current position after the
amendment in 2019 is as mentioned below.
ii. There is only Scheduled-I providing Traffic Signs – Mandatory Signs, Cautionary Signs and
Precautionary Signs.
iii. The Schedule-II has been omitted by the Motor Vehicle (Amendment), 2019.

















Mandatory Signs


Cautionary Signs


Precautionary Signs

Speed Limit Rough Road;
Zig Zag (R); Zig Zag (L);
Flood Gauge
Weight Limit Cross Road; School;
Right Turn; Left Turn;
Road Junction Approach
Total Prohibition Level Crossing (Guarded) End of Speed Limit
Direction Sign Level Crossing (Unguarded) Parking Sign
No Parking Dead End Cross Road
Overtaking Prohibited Side Road (R);
Side Road (L);

Use of sound is
prohibited
Step Well; Ferry;
Narrow Bridge;

Main Road Ahead Hair Pin Band (R);
Hair Pin Band (L);

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Chapter 1
Preliminary

Section 2: Definitions
1. Adapted vehicle
It refers to motor vehicle that is specially designed and constructed or specifically altered
under provisions of this act, so it can be used by a person suffering from any physical defect
or disability.
1A. Aggregator
It refers to a digital intermediary or marketplace that connects passenger with driver for
purpose of transportation. For example, Uber, Ola.
1B. Area
In relation to any provision of this Act, area means such area as the State Government may,
having regard to the requirements of that provision, specify by notification in the Official
Gazette
2. Articulated vehicle
It refers to a motor vehicle that has been attached with semitrailer.
3. Axle weight
(with respect to an axle of vehicle), it refers to the total weight transmitted by the several
wheels attached with that axle to the surface on which the vehicle rest.
4. Certificate of registration
It refers to the certificate issued by a competent authority. it certifies that a motor vehicle has
been duly registered in accordance with the provisions of chapter IV. It is popularly known as
RC book.
4A. Community service
It refers to unpaid work done by a person as a punishment for an offence committed by
him/her under this act.
5. Conductor
With respect to a stage carriage, it refers to a person engaged in collecting fares from
passengers, regulating their entry into or exit from, the stage carriage and performing other
such function which are prescribed by appropriate authority.
6. Conductor licence
It refers to the licence issued by a competent authority under Chapter III authorising the
person to perform functions of a conductor.

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7. Contract carriage
It refers to a motor vehicle that carries a passenger or passengers for hire or reward and it is
engaged under a contract.
• Contract carriage cannot carry passenger/ passengers except those mentioned in
contract.
• It runs either on time basis or from one point to another.
• During the journey it cannot stop to pick up or set down passengers that has not been
included under contract. It includes maxi cab and a motor cab.
8. Dealer
It refers to a person who is engaged in any of following activities –
• Building bodies for attachment to chases; or
• in the repair of motor vehicles; or
• in the business of hypothecation leasing on hire purchase of motor vehicle.
9. Driver

9A. Driver refresher training course (9A)
It refers to the course under which driver periodically goes for refreshment. Search course is
provided under Section 19(2A) of this act.
10. Driving licence
It refers to the licence issued by a competent authority under Chapter II. DL authorises the
person to drive or otherwise learn a motor vehicle or a motor vehicle of any specified class or
description.
11. Educational institution bus
It refers to an Omnibus that is owned by college or school or other educational institution. It
can only be used for the purpose of transporting students or staff of the educational
institution in connection with any of its activities.
12. Fares
It refers to amount payable for a season ticket or in respect of hire of a contract carriage.
12A. Golden hour
It refers to time of 1 hour immediately after traumatic injury (road accident). During Golden
hour chances of preventing death are higher if injured person is provided medical care in
prompt manner,
13. Goods
It refers to livestock and anything that is carried by a vehicle. However, equipment ordinarily
used with vehicle, living person, luggage and personal effect carried in motor car, personal
luggage of passenger travelling in vehicle do not come under goods.

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14. Goods carriage
It refers to a motor vehicle constructed or adapted for sole use of carriage of goods. It also
includes any motor vehicle that is used for the carriage of goods even though such vehicle is
not constructed or adapted for the carriage of goods.
15. Gross vehicle weight
It refers to the total weight of the vehicle and permissible load carrying capacity of that
vehicle.
16. Heavy goods vehicle
Two categories of vehicle are considered as heavy goods vehicle,
• Goods carriage whose gross vehicle weight more than 12000 kilograms or;
• A tractor or a road roller whose unladen weight is more than 12000 kilograms.
17. Heavy passenger vehicle
Two categories of vehicle are considered as heavy passenger vehicle,
• Any Public Service vehicle or private service vehicle or educational institution bus or
Omnibus whose gross vehicle weight is more than 12000 kilograms or;
• A motor car whose unladen weight is more than 12000 kilograms.
18. Invalid Carriage – Omitted with the MV (Amendment) Act, 2019
19. Learners licence
It refers to the licence issued by a competent authority under Chapter II entitling the person
specified to drive as a learner a motor vehicle or a motor vehicle of any specified class or
description.
20. Licencing Authority
It refers to an authority empowered to issue licence under Chapter II or Chapter III.
21. Light motor vehicle
Two categories of vehicle are considered as light motor vehicle,
• A transport vehicle or omnibus whose gross vehicle weight is less than 7500 kilograms or;
• A motor car or tractor or road-roller whose unladen wave is less than 7500 kilograms
21A. Manufacturer
It refers to a person who is engaged in the manufacturing of motor vehicle.
22. Maxi cab
It refers to any motor vehicle that is constructed or adapted to carry more than 6 passengers
but less than 12 passengers, excluding driver, for hire or reward.
23. Medium goods vehicle
It refers to a goods carriage except a light motor vehicle or a heavy goods vehicle.

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24. Medium passenger motor vehicle
It refers to any public service vehicle or private service vehicle or educational institution bus
except motor cycles, adapted vehicle, light motor vehicle or heavy passenger vehicle.
25. Motor cab
It refers to any motor vehicle that is constructed or adapted to carry up to 6 passengers,
excluding driver, for hire or reward.
26. Motor car
It means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor,
motor cycle or adapted vehicle.
27. Motor cycle
It refers to a 2-wheeled motor vehicle, inclusive of any detachable side-car having an extra
wheel, attached to the motor vehicle.
28. Motor vehicle
It refers to any mechanically propelled vehicle adapted for the use on road whether power of
propulsion is transmitted from external or internal source; and includes chassis to which body
has not been attached and a trailer. But it does not include followings –
• a vehicle running upon fixed rails.
• a vehicle of special type adapted for use only in factory or in any other enclosed premises.
• a vehicle with less than 4 wheels with engine capacity of less than 25 CC.
29. Omnibus
It refers to any motor vehicle that is constructed or adapted to carry more than 6 persons
excluding the driver.
30. Owner
it refers to a person in whose name a motor vehicle is registered. However,
• In case if such person is minor then guardian of such minor person is considered as a
owner.
• In case if a motor vehicle is under an agreement of Lease or Hire & Purchase or
Hypothecation, then person possessing such vehicle is considered as owner.
31. Permit
It refers to a permit (kind of authorisation document) issued by a State or Regional Transport
Authority or an authority prescribed in this behalf under this Act authorising the use of vehicle
as a transport vehicle.
32. Prescribed - means prescribed by rules made under this Act.
33. Private Service Vehicle
It refers to any motor vehicle that is constructed or adapted to carry more than 6 persons
excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the

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purpose of carrying person for or in connection with, his trade or business. Private service
vehicle can neither be used under hire or purchase nor for public purposes.
34. Public Place
It means a road, street, way or other place, whether a thorough fare or not, to which the
public have a right of access, and includes any place or stand at which passengers are picked
up or set down by a stage carriage
35. Public service vehicle
It refers to any motor vehicle that is used or adapted to be used for the transportation of
passenger under hire or reward. It includes a maxicab, a motorcab, contract carriage and stage
carriage.
36. Registered axle weight
With respect to axle of any vehicle, it refers to the axle weight certified and registered by the
registering authority as permissible for that axle.
37. Registering authority
It refers to an authority empowered to register motor vehicles under chapter IV.
38. Route
It refers to a line of travel which specifies the highway which may be traversed by a motor
vehicle between one terminus and another.
38A. Scheme - means a scheme framed under this Act.
39. Semi-trailer
It refers to a vehicle that is not mechanically propelled and intended to be connected to a
motor vehicle.
• It is constructed in such manner that a portion of it is superimposed on that motor vehicle
and weight of such semi-trailer is partly borne by a motor vehicle.
• It doesn’t include a trailer.
40. Stage carriage
It refers to any motor vehicle that is constructed or adapted to carry more than 6 passengers,
excluding driver, for hire or reward. However, in stage carriage separate fares are paid by
individual passenger, either for whole journey or for stages of the journey.
41. State Government
42. State transport undertaking
It refers to any undertaking rendering road transport services and such undertaking is given
by, –
• the Central Govt. or a state govt.
• any Road Transport Corporation established under Section 3 of the Road Transport
Corporation Act, 1950.

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• Any municipality or any corporation or any company owned or controlled by the
Government.
• Zila parishad or any other similar local authority.
For the purpose of this clause “road transport services” refers to a service of motor vehicles
carrying passenger or goods or both by road for hire or reward.
42A. Testing agency
It refers to any entity that has been designated as a testing agency under Section 110B.
43. Tourist vehicle
It refers to c contract carriage constructed or adapted and equipped and maintained in
accordance with specifications that may have been prescribed in this regard
44. Tractor
It refers to a motor vehicle that is not itself constructed to carry any load except equipment
used for the purpose of propulsion. It doesn’t include a road-roller.
45. Traffic signs
It refers to all signals, warning side post, direction post, marking on the road or other road
devices to inform, guide and direct the drivers of motor vehicles.
46. Trailer
It refers to any vehicle that is drawn or intended to be drawn by a motor vehicle. It doesn’t
include a semi-trailer or a side-car.
47. Transport Vehicle
Motor vehicles of the following categories are considered as transport vehicle –
1. A public service vehicle
2. A goods carriage
3. An educational institution bus
4. A private service vehicle
48. Unladen weight
It refers to the weight of a vehicle or trailer including all equipment ordinarily used while a vehicle
or trailer is working.
• Weight of driver and attendant doesn’t include in unladen weight.
• When alternative parts or bodies are used with the vehicle then unladen weight of that
vehicle means weight of vehicle with the heaviest such alternative body or part.
• In simple terms unladen weight means weight of vehicle without goods.
49. Weight
It refers to total weight that is transmitted by the wheels of a vehicle to the surface on which
the vehicle rests.

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Section 2A: e-cart and e-rickshaw
1. It says except specifically provided under particular Section of this Act, all the provisions of
this Act are applicable to e-cart and e-rickshaw.
2. It says e-cart and e-rickshaw means –
a. a special purpose battery powered vehicle, with power not exceeding 4000 watts,
b. has 3 wheels
c. for carrying passengers or goods, either under hire or reward.
d. manufactured, constructed or adapted, equipped and maintained in accordance with
the specifications made in this regard.
3. This section has been inserted via the Motor Vehicle (Amendment) Act, 2015, which came
into effect on January 7, 2015.

Section 2B: Promotion of Innovation
• It empowers the Central Government to grant exemption to certain types of mechanically
propelled vehicle from the application of the provisions of this Act for the purpose of
promoting innovation research and development in the fields of vehicular engineering,
mechanically propelled vehicles and transportation in general.
• This section has been inserted via the Motor Vehicle (Amendment) Act, 2019, which came
into effect on September 1, 2019.

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Chapter 2
Licensing of drivers of motor vehicle

3. Necessity for driving licence
1. A person cannot drive a motor vehicle in any public place if he does not hold an effective
driving licence issued to him authorizing him to drive the vehicle.
It further says, a person cannot drive a transport vehicle (except a motor cab or motorcycle)
either hired for his own use or rented, if is driving licence does not specifically entitle him to
do so.
2. It says the central government can prescribe the conditions subject to which provision of
above sub-section will not be applicable on a person who is learning to drive.

4. Age limit in connection with driving of motor vehicles
1. A person under the age of 18 years cannot drive a motor vehicle in any public place. However,
he can drive a motorcycle with engine capacity of up to 50 cc and without gear, if he has
attained the age of 16 years.
2. A person under the age of 20 years cannot drive a transport vehicle in any public place.
3. Neither learner's licence nor driving licence can be granted to any person to drive a vehicle of
any class or any description if he is not eligible to drive that vehicle under Section 4 of this Act
i.e. he is of under age.

5. Responsibilities of owners of the motor vehicles for contravention of section 3 and Section
4.
It says it is the responsibility of owner or person in charge of a motor vehicle that, he will not
allow or cause any person to drive the vehicle, if such person is not eligible under Section 3
(person is not holding a valid driving licence) and Section 4 (person is of under age) of this act.
6. Restriction on holding of the driving licence:
1. A person cannot hold multiple driving licence (i.e. more than one) simultaneously - except a
Learner's licence or driving licence issued by the Central Government or special document
issued by the State Government authorizing specified person to drive a motor vehicle.
2. It is the duty of a holder of a learners licence or driving licence that he will not allow other
person to use his learners licence for driving licence.

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3. It empowers the licensing authority with appropriate jurisdiction to add the class or
description of vehicles in the driving licence of applicant authorizing him to drive such class or
description of vehicle.


7. Restriction on the granting of learners licence for certain vehicles
1. A person cannot be granted a learners licence for a transport vehicle, if he has not held a
driving licence for a light motor vehicle for at least one year. This provision does not apply to
e-cart or e-rickshaw.
2. Person below the age of 18 years can be granted learners licence to drive a motorcycle
without gear, but only with the written consent of his legal guardian.
8. Grant of Learner's licence
1. A person who is of sufficient age for driving a motor vehicle and is also not disqualified for
holding or obtaining a driving licence can make an application for issuance of learners licence
to any of the licensing authority in the State –
i. in which he ordinarily resides or carries on business; OR
ii. in which driving school, where he wants to receive training to drive vehicle is situated.
2. An application for issuance of learners licence must be in such form and must be accompanied
by documents and fee prescribed by the Central Government. Such application documents
and fee are required to be submitted, including in electronic manner, as stipulated by the
Central Government.
3. An application for issuance of learners licence for transport vehicle is also required to be
accompanied by a medical certificate vindicating physical fitness of an applicant for driving a
transport vehicle as prescribed by the central government.
4. Either from an application or from the medical certificate, if the licensing authority finds that
an applicant is suffering from any disability or disease that likely to cause the driving by him
as a source of danger to the public or the passengers, then the licensing authority cannot grant
Learner's licence to such applicants.
However, the licensing authority can issue learners licence limited to adapted vehicle, if it is
satisfied that applicant is fit to drive such adapted vehicle.
5. A Learner's licence can be issued only if applicant satisfies such conditions as prescribed by
the Central Government.
6. It says the licensing authority must issue learner’s license to applicant If, –
➢ the application for issuance of the Learner's licence is duly made; AND
➢ an applicant is physically fit and also satisfies the conditions prescribed by the Central
Government; AND
➢ if the applicant has attained sufficient age and is also qualified for holding and
obtaining a licence to drive a motor vehicle

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7. It says that, the central government can make rules granting complete or conditional
exemption in requirements/necessities for obtaining learner licence.
8. It says, learners licence for driving a motorcycle in force immediately before the
commencement of this Act (i.e. 1/7/1989) will remain valid and effective for driving a
motorcycle with or without gear even after such commencement.

9. Grant of Driving License:
1. A person who is not for the time being disqualified for holding and obtaining a driving licence
can apply before any licensing authority in State –
i. in which he ordinarily resides or carries on business; OR
ii. in which driving school, where he wants to receive training to drive vehicle is situated,
for issuance of a driving license to him.
2. An application made under above subsection is required to be in such form and must be
accompanied by documents and fee prescribed by the central government.
3. An applicant can be granted the driving licence only if he passes test prescribed by the central
government.
However, the test will not be mandatory, if the applicant submits any of the following proof –
a.
i. He has previously held driving licence to drive such class of vehicle and the
date of expiry of that licence and the date of application does not exceed five
years.
OR
ii. He holds or has previously held driving licence issued by the Central
Government to drive vehicles belong to it.
OR
iii. He holds a driving licence to drive such class of vehicle issued by a competent
authority of foreign country and also attaches medical certificate of physical
fitness for driving as prescribed under section 8(3).

b. He is not suffering from any disability that is likely to cause driving by him to be a
source of danger to the public and on required by the licensing authority is submit
medical certificate as provided under section 8(3).
4. Driving licence for transport vehicle cannot be granted if the applicant does not have a driving
certificate issued by appropriate Driving School.
The requirement of minimum educational qualification in this case has been done away with
the Motor Vehicle (Amendment) Act, 2019.

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5. If the applicant fails in driving competency test and he can be allowed to reappear for such
test after a period of 7 days.
However, if any applicant fails in driving test in 3 appearance then he won't be eligible to
reappear in test for next 60 days after the date of 3rd failed appearance. In this case such
applicant will also be required to complete remedial driving training course from Driving
School.
6. Test of driving competency must be carried out in a vehicle of the type for which the
application has been made. It further says, if an applicant passes test for driving a motorcycle
with gear then it is considered that he has passed for driving a motorcycle without gear.
7. The licensing authority cannot deny issuance of the driving licence if –
i. the application has been duly made; &
ii. the applicant has passed requisite driving competency test with required degree of
satisfaction; &
iii. the applicant is not disqualified for holding of obtaining a driving licence.
8. The licensing authority can deny issuance of the driving licence if the applicant –
i. is a habitual criminal or a habitual drunkard Al; OR
ii. is a habitual addict to any narcotic drug or psychotropic substance under the Narcotic
Drugs and Psychotropic Substances Act, 1985; OR
iii. is a person who is driving licence for any type of motor vehicle has been revoked in
past.
However, the licensing authority can do so only after giving an opportunity of being heard to
the applicant and that too after recording reasons in writing for making such order.
Any person aggrieved by the order of the licensing authority made under this section can make
an appeal, by filing an application, before the prescribed authority within 30 days of the order.
9. Any driving licence to drive a motorcycle in force immediately before the commencement of
this act (1/7/1989) will be valid for driving a motorcycle with or without gear.
10. It empowers the central government to prescribe the manner and conditions subjected to
which the licence to drive e-cart and e-rickshaw can be issued.

10. Form and Content of License to Drive:
1. Every learners licence and driving licence, except those issued by the central government,
must be in such form and must contain such information as prescribed by the central
government.
2. Every learners licence or driving licence is required to be expressed as entitling the holder to
drive a motor vehicle of one or more of the following classes namely –
a. Motorcycle without gear
b. Motorcycle with gear

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c. Adapted vehicle
d. Light motor vehicle
e. Transport vehicle
i. Road roller
j. Motor vehicle of pacified description

11. Addition to Driving Licence:
1. If a person is holding a driving licence to drive any class or description of motor vehicle and is
also not disqualified for obtaining or holding a driving licence to drive any other class or
description of motor vehicle, then such person can make an application before the licensing
authority in the state for addition of such other class or description of motor vehicles in his
licence.
An application made under this sub-section is required to be in such form and must be
accompanied by documents and fee prescribed by the central government.
2. It says, in case of addition to driving licence provisions of Section 9 are applicable i.e. Necessity
of driving test and exemption from it; Number of attempts for driving competency test;
Reappearance in such test; Denial of licence by licensing authority; Appeal against such order
and so on.

12. Licensing and Regulation of Driving School:
1. It says, the central government can make rules with respect to licensing and regulation of
driving schools. Such driving schools are regulated by respective state governments.
2. It empowers the central government to make the rules with respect to driving schools in any
of the following matters.
1. Issuance, renewal and revocation of licence for running the driving school.
2. Form off and fee for application.
3. Form and particulars to be specified in licence.
4. Conditions subject to which licence could be granted.
5. Denial of issuance or renewal of licence and appeal against such orders.
6. Nature, syllabus and duration of driving course.
7. Apparatus and equipment to be required for functioning of Driving School.
8. Qualification - educational and professional, of driving instructor.
9. Inspection and maintenance of driving schools.
10. Form and content of driving certificate to be issued by Driving School, if any. For example
in case of transport vehicle.
3. It says the central government can make rules providing complete or conditional exemptions
or general exemptions in requirements of any provision with respect to licensing and
regulation Driving School.
4. Driving schools functioning immediately before the commencement of this act - whether
under licence or not, can continue their functioning for period of 1 month from the
commencement of this act.

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In case if any driving school has made an application for issuance of licence under this act then
it can continue till the disposal of such application.

13. Extent of effectiveness of licence to drive motor vehicles:
All driving licence and learners licence issued under this act are valid across India.
14. Currency of License to Drive Motor Vehicles:
1. Subjected to various provisions and requirements of this Act a learners licence issued under
this act remains valid for 6 months.
2. It provides for validity of driving licence issued or renewed under this act.
a. Driving licence for transport vehicle:
i. Validity 5 years
ii. However, in case if transport vehicle is used for transportation of dangerous
or hazardous goods then validity of driving licence to drive such vehicle will
be 3 years and renewal of search licence will be subjected to conditions
prescribed by the central government.
b. Driving licence for vehicle other than transport vehicle.
In this case validity of driving licence either issued or renewed depends on age of the
applicant at the time of making an application for such.
Sr.
No
Age of applicant at the time of making an
application, either for renewal or issuance
Validity
1 Less than 30 years Till the applicant
attains the age of 40
years
2 30 years or above but below 50 years 10 years
3 50 years or above but below 55 years Till the applicant
attains the age of 60
years
4 55 years or above 5 years

15. Renewal of driving licence:
1. On receiving valid application, the licensing authority can renew driving licence issued under
this act.
It further says, if the application for renewal of driving licence is made either one year prior to
or within one year after the date of its expiry, then licence will be renewed with effect from
the date of its renewal.
In following cases medical certificate as prescribed under section 8(3) is required to be
attached with license renewal application.
i. Renewal of a licence to drive a transport vehicle.

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ii. If the applicant has attained age of 40 years.
In both the above-mentioned cases Section 8(4) of this Act remains applicable.
2. An application for renewal of the driving licence is required to be made in in such form and
must be accompanied by documents prescribed by the central government.

3 & 4. Fee for renewal of the driving licence:
1 If the application is made before the date of
expiry of license or within one year after the date
of expiry of license.
Fee as prescribed by the
Central Government.
2 If the application is made more than one year
after the date of expiry of licence.
Some Fee, including late
charge – as prescribed by
the govt.

In case of late application i.e. More than one year after the date of expiry, the licensing
authority can still accept the renewal application with fee applicable in case of an application
for renewal, if it is satisfied that an applicant was prevented by good and sufficient cause from
making an application.
If the application for renewal of driving licence is made more than one year after the date of
its expiry then licensing authority can grant renewal only if the applicant undergoes and passes
driving competency test to the satisfaction of it it.
5. In case, if the application for renewal of driving licence is rejected then fee paid by the
applicant is required to be refunded to such extent and in such manner as prescribed by the
central government.
6. If the authority renewing the driving licence is not the authority that issued the driving licence
then former is required to communicate the fact of renewal two later.

16. Revocation of driving licence on the grounds of disease or disability:
It confers the following powers on all the licensing authority, if it has reasonable ground to
believe that the holder of the driving licence is suffering from any disease or disability that
renders him unfit to drive motor vehicle.
i. It may revoke a driving licence. OR
ii. It may require the holder of driving licence to submit medical certificate as specified
in section 8(3) of this Act.
If the licence revoking authority is not the licence issuing authority then former is required to
communicate the fact of revocation to later.

17. Orders refusing or revoking driving licence and appeals therefrom:

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1. The licensing authority can do following only through an order communicated to the
applicant/holder along with reason in writing for doing such –
i. Refuse to issue learner licence; OR
ii. Refuse to issue, renew or revokes any driving licence; OR
iii. Refuse to add a class or description of motor vehicle to any driving licence.

2. Any person aggrieved by an order made under previous sub-section can file and appeal against
such order before the prescribed appealing authority, within 30 days of order servicing on
him.
The appealing authority can take decision only after giving an opportunity of being heard to
both i.e. Aggrieved person and the authority. The order made by appealing authority is binding
upon both the parties.

18. Driving licence to drive motor vehicles belonging to the central government:
1. It empowers the central government to prescribe any authority that will issue driving licence
to any eligible person to drive motor vehicles belonging to central government. Driving licence
issued under this sub-section remains valid across the country.
2. Driving licence issued under this section is required to specify two things -
i. Class or description of vehicle; &
ii. Time Period i.e. Validity;
3. Holder of the driving licence issued by the central government cannot drive any vehicle other
than those specified in his driving licence.
4. The authority issuing licence on behalf of the central government is required to furnish
information with respect to licence issued by it when requested by the state government.

19. Power of licensing authority to disqualify from holding a driving license or revoke such
license:
1. It confers the power on licensing authority –
to disqualify a person from holding or obtaining a driving licence; or to revoke the driving
licence of a person in following cases.
i. If he is a habitual offender or a habitual drunkard; OR
ii. If is a habitual addict to any narcotic drug or psychotropic substance within
the meaning of The Narcotic Drugs and Psychotropic Substance Act 1985; OR
iii. He is using or has used a motor vehicle in commission of cognizable offence;
OR;

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iv. He has obtained a driving licence through fraud or misrepresentation; OR
v. From his conduct as a driver in the past, it appears that driving by him is likely
to cause danger to public; OR
vi. if he is a person below the age of 18 but has been granted a learners licence
or driving licence with the written consent of his legal guardian but, now he
has ceased to be under such guardianship.

1A. In case when licence of a person is seized by police or other authorized person under Section
206(4) of this Act; and such seized licence is forwarded to the licensing authority, then after
giving an opportunity of being heard to the holder of driving licence, licensing authority will
have the following options.
i. To discharge the holder of driving licence; OR
ii. To make order of disqualification;
a. For first offence 3 months;
b. For 2nd time or subsequent offence revocation of licence
And if the driving licence is revoked then it is required to be placed in the public domain as
prescribed by the central government.
2. When order made under Section 19(1) or 19(1A) is serviced on a person, then it is the duty of
such person to submit his licence before authority which has made such order. On receiving
licence from such person, the licensing authority –
i. will keep such submitted licence till the disqualification is in force (if it is the driving
license issued under this act); OR
ii. will endorse disqualification upon such license and send such license to the original
issuing authority (if it isn’t the driving license issued under this act); OR
ii. In case of revocation, it will endorse of such revocation and will communicate the fact
of revocation to the original issuing authority if it is not same.
However, after the end of disqualification period the licence is required to be returned to
order but only if he successfully completes driver refresher training course.
2A. A person is required to undergo the driver refresher training at Driving School if his licence
has been suspended.
2B. The nature, syllabus and duration of the driver refresher training course will be as prescribed
by the central government.
3. If a person is aggrieved by an order made under section 19(1) or section 19(1A) can file an
appeal before the prescribed authority, within 30 days of order servicing on him. Appealing
authority will hear both the parties and take decision accordingly and such decision is final.

20. Power of the court to disqualify:

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1. It empowers the Court to declare a person, who is convicted of an offence under this Act or
of an offence in commission of which motor vehicle was used, to be disqualified from holding
any driving license to drive all class or description of vehicles or any particular class or
description of such vehicles (as specified in such license) for such period of time as specified
by the Court. (This disqualification is in addition to other punishment under any law in force
at the time of commission of act.)
However, when person is convicted for an offence punishable under Section 183 (i.e. Driving
at excessive speed) no such disqualifying-order can be made for the first or second offence.
2. It says, if a person is convicted for any of the following offence, then the Court is required to
order disqualification for the time as specified below.

1 Dereliction of Duty by driver in case of accident and
injury to person - Section 134 of this Act
Minimum
disqualification period -
at least for one month.
2 Driving when drunk or under the influence of drug -
Section 185 of this Act
Minimum
disqualification period -
at least for six months

3. It says when a person is convicted for various offence, as mentioned below, the court is
required to disqualify a person from holding a driving licence not more than time as specified
below.

Sr.
No
Conviction for Maximum Period for
Disqualification
1 Under section 184 i.e. Driving Dangerously @
when convicted second time or subsequently
5 years
2 Under section 189 i.e. Racing and Trails of
speed
2 years
3 Under Section 192 i.e. Using Vehicle without
Registration
1 years

4. It says, the court can require a person convicted under section 184 of this Act (i.e. Driving
Dangerously) to undertake and pass the driving competency test after the end of
disqualification period and such person would remain disqualified from holding driving licence
till he passes driving test to the satisfaction of the licensing authority.
5. It confers powers to appellate Court to set-aside or vary any order of disqualification made
under that sub-section (1) by the lower Court.

21. Suspension of Driving License in Certain Cases:
1. When police registers a case against any person for driving dangerously under Section 184 of
this Act with allegation that such dangerous driving has resulted in death of or grievous hurt

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to one or more persons; and if such accused person has been previously convicted for an
offence under Section 184 of this Act, then driving licence held by such person with respect
to such class or description of vehicle would be suspended, either –
i. for the period 6 months from the date on which case is registered by the police
OR
ii. till a person is discharged or acquitted, if such happens with in the said period of 6
months.

2. It says, when driving license held by a person becomes suspended under sub-section (1) then,
it is the duty of police officer who has registered a case specified in sub-section (1) to bring
such suspension to the notice of competent Court; and subsequently the Court will endorse
such suspension and will intimate the fact of suspension to the licensing authority that granted
or renewed (last) such licence.
3. It says, if a person is discharged or acquitted (from case registered under sub-section (1)), then
it is necessary for the court to cancel such endorsement of suspension.
4. It says, when a driving licence with respect to a particular class or description of motor vehicles
is suspended under sub-section (1), then the person holding such licence is not entitled to
hold or obtain any licence to drive such particular class or description of motor vehicles so
long as the suspension of the driving licence remains in force.

22. Suspension or Cancellation of Driving License:
1. When any person, who had been convicted for an offence under Section 184 (i.e. Driving
Dangerously), is booked under same Section i.e. for driving dangerously and causing death of,
or grievous hurt to, one or more persons and if such person is again found guilty and convicted
by the Court. Then the Court can cancel or suspend for such period as it thinks fit.
The maximum period of suspension or cancellation of driving license cannot be more than 5
years.
2. When any person, who had been convicted for an offence under Section 185 (i.e. Driving when
drunk or under the influence of drug), is again convicted of an offence under same Section
then the Court making such subsequent conviction is required to order cancellation of the
driving license held by such person.
3. If a driving licence is cancelled or suspended under this Section, the Court is required to take
the driving licence in its custody and to endorse the cancellation or suspension upon it. After
such endorsement the Court must send the driving licence to the authority by which the
licence was issued or last renewed.
On receiving of the Court-endorsed license, such authority is required to keep the licence in
its safe custody. In the case of a suspended licence, such authority is required to return the
licence to the holder after the expiry of the period of suspension; on an application made by
him for such return.

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However, after the end of suspension-period such licence can be returned to the holder only
if, he undergoes and passes, to the satisfaction of the licensing authority by which the licence
was issued or last renewed, a fresh driving competency test provided under Section 9(3) and
produced a medical certificate in the same form and in the same manner as provided under
Section 8(3).
4. It says, when a licence to drive a particular class or description of motor vehicles is cancelled
or suspended under this Section, then the person holding such suspended or cancelled licence
is not allowed to hold, or obtain, any licence to drive such particular class or description of
motor vehicles so long as the cancellation or suspension of the driving licence remains in force.

23. Effect of Disqualification Order:
1. It says, when a person is subjected to any disqualification order made under Section 19 or
Section 20, then such person is also not entitled to hold or obtain a driving license to the extent
and for the period specified in such order. It further says, the driving licence, if any, held by
such person on the date of the order becomes ineffective to such extent and during such
period as specified in order.
2. It says, the operation of a disqualification order made under Section 20 cannot be suspended
or postponed during pendency of an appeal against such order or against the conviction as a
result of which such order is made, unless the appellate court so directs.
3. It empowers a person against whom any disqualification order has been made to apply before
the Court or other authority by which the order was made, to remove the disqualification.
Such person can make such application of granting relief only after the expiry of six months
from the date of disqualification order.
Said authority or the Court, after taking cognizance of all circumstances, can cancel or vary
the disqualification order.
However, when the Court or said authority refuses to cancel or vary any disqualification order
under this Section, a second application pleading the same can be entertained only after three
months from the date of such refusal.
24. Endorsement:
1. it says, the Court or authority making an order of disqualification is required to endorse or
cause to be endorsed upon the driving licence (of a disqualified person), such particulars of
the order of disqualification and of any conviction of an offence in respect of which an order
of disqualification is made.
It further says, particulars of any cancellation or variation of an order of disqualification made
under Section 23(3) is also required to be endorsed similarly.
2. Not Relevant
3. Not Relevant

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4. It says, if any person is convicted of any offence under this Act and sentenced to imprisonment
for a period more than three months (> 3 months), then the Court awarding the sentence is
required to endorse the fact of such sentence upon the driving licence of such person.
The prosecuting authority is also required to communicate the fact of such endorsement to
the authority by which the driving licence was granted or last renewed.
5. When the driving licence is endorsed or caused to be endorsed by any Court, then such Court
must send the particulars of the endorsement to the licensing authority by which the driving
licence was granted or last renewed.
6. it says, if, during an appeal against any conviction or order of a Court that has been endorsed
on a driving licence, the appellate Court varies or sets aside the conviction or order, then
appellate court is required to inform the licensing authority by which the driving licence was
granted or last renewed and such authority must amend or cause to be amended the
endorsement.

25. Transfer of endorsement and issue of driving licence free from endorsement:
1. An endorsement on any driving license is mandatorily required to be transferred to any new
or duplicate driving licence obtained by the holder until such holder is entitled to have a
driving license (issued to him) free from such endorsement.
2. In case when any driving licence is required to be endorsed and such the driving licence is not
in the possession of the Court or authority by which the endorsement is to be made, then–
a. the person is required to submit the driving licence to the Court or authority within
five days, or such longer time as fixed by the Court or authority, if he holds the driving
license at the time of endorsement; OR
b. Such person doesn’t hold the driving license at the time of endorsement and if he
subsequently obtains a driving license, then such person is required to submit the
driving licence to the Court or authority within five days after obtaining the driving
license.
It further says, if the driving licence is not produced within the time specified, then after such
specified time such license becomes ineffective until it is produced for the purpose of
endorsement.
3. It empowers a person, whose driving license has been endorsed, to receive new driving license
free from all endorsement if during a continuous period of three years after such endorsement
no further endorsement has been made against him. To obtain such new license person is
required to submit his driving license and make payment of 5 rupees.
If endorsement in driving license of a person is due to conviction in offence of contravening
the speed limits as specified in Section 112, then such person is entitled to receive new driving
license free from such endorsement on the expiration of one year of the date of the
endorsement.
In calculating the said period of 3 years and 1 year, any period during which the said person
was disqualified for holding or obtaining a driving licence cannot be accounted.

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25-A. National Register of Driving Licenses:
1. The Central Government is required to maintain a National Register of Driving Licence in such
form and such manner as prescribed.
2. It says, all the State Registers of Driving Licence are subsumed under the National Register of
Driving Licence from the date notified by the Central Government.
3. It says, a driving licence issued or renewed under this Act can be considered valid only if, it
has been issued a unique driving licence number under the National Register of Driving
Licenses.
4. All the State Governments and the Licensing Authorities under this Act are required to
transmit all information including data contained in in the State Register of Driving Licenses in
such form and manner as prescribed by the Central Government.
5. It says, the State Governments are empowered to access the National Register and update
their records in such manner as prescribed by the Central Government.

26. Maintenance of State Registers of Driving Licenses:
It says, every State Government is required to maintain the State Register of Driving licenses
in such form as prescribed by the Central Government.
The State Register of Driving Licenses is state-level repository of various information with
respect to driving licenses issued or renewed by the licensing authorities of the State
Government such as –
1. Names and addresses of the holder of driving licenses;
2. Licence numbers;
3. Date of issue or renewal of licenses;
4. Date of expiry of licenses;
5. Class and types of vehicles authorised to be driven;
6. Other particulars as prescribed by the central government;

27. Power of the Central Government to make rules:
It empowers the Central Government to make the rules with respect to various aspects of
Chapter III of the Motor Vehicle Act, i.e. Licensing of Drivers of Motor Vehicles.

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28. Power of the State Government to make rules:
It empowers the State Government to make the rules with respect to various aspects of Chapter III of
the Motor Vehicle Act, i.e. Licensing of Drivers of Motor Vehicles.

આરટીઓની પરરક્ષાની તૈયારી કરતાાં હોય તેવા તમામ ભાઈઓ અને બહેનોને એક અપીલ કરવા માાંગુ છુાં કે
આપ જે મરટરરયલ વાાંચી રહ્યા છૂ ઓ તેને પ્રત્યેક પેજમાાં ઉલ્લેખ કરવામાાં આવ્યો છે તે તમામ ટેલલગ્રામ ચેનલમાાં
મૂકવામાાં આવી રહ્યુાં છે. પરાંતુ મે આરટીઓની પરરક્ષાને ધ્યાનમાાં રાખતા એક લવલિષ્ટ ટેલલગ્રામ ચેનલ
t.me/ActnRule_AP િરૂ કરી છે. અત્રે ઉલ્લેખ કરવામાાં આવ્યો છે તેવી ત્રણેય ચેનલમાાં મટીરરરીયલ
મૂકવામાાં તો આવિે જ પરાંતુ t.me/ActnRule_AP ચેનલમાાં મરટરરયલના સાંદભભમાાં કરવામાાં આવનારા
સુધારાનો ઉલ્લેખ પણ કરવામાાં આવિે. આ લસવાઈ પરરક્ષાલક્ષી પ્રશ્નો અને રરલવઝન મરટરરયલ પણ યોગ્ય
સમયે મૂકવામાાં આવિે.
આપ સૌને મરટરરયલ ક્યાથી પણ મળેલ હોય તેની પરવા કયાભ વગર સીધા જ t.me/ActnRule_AP માાં
જોડાવવા માટેની હાકલ કરાં છુ.
આપ સૌનો
અપભણ પટેલ
ગાાંધીનગર

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Chapter 3
Licensing of Conductors of Stage Carriage
29: Necessity for conductor’s license.
1. It prohibits person to act as a conductor of a stage carriage, if he doesn’t hold an effective
conductor’s license issued to him and authorising him to act as such conductor. It also bars
person from employing or permitting other person to act as a conductor of a stage carriage
who is not licensed to act as such.
2. It empowers the State Government to make conditions subjected to which provision of sub-
section (1) doesn’t apply to a driver of a stage carriage performing the functions of a conductor
or to a person employed to act as a conductor for a period not exceeding one month.

30: Grant of conductor’s license.
1. It says, a person with the following qualification can make an application for issuance of
conductor’s license to him before the licensing authority having jurisdiction in the area in
which he ordinarily resides or carries on business.
• He should possess minimum educational qualification as fixed by the State
Government.
• He should be of sufficient age i.e. age > 18 years.
• At the time of making an application, he shouldn’t have been disqualified from holding
or obtaining a conductor’s license.
2. An application for conductor’s license is required to be in such form and should contain such
information as prescribed by the State Government.
3. An application for conductor’s license is required to be accompanied by two clear copies of
applicant’s recent photographs and the medical certificate, signed by registered medical
practitioner, as prescribed by the State Government.
4. A conductor’s license issued under this Chapter should be in such form and contain such
particular as prescribed by the State Government. It remains effective throughout the State
in which it is issued.
5. The fee for a conductor’s licence and for each renewal of it is one-half of that for a driving
licence.

31: Disqualifications for the grant of conductor’s license.
1. It says a person under the age of 18 years can neither hold nor be granted a conductor’s
license.
2. It empowers the licensing authority to refuse issuance of the conductor’s license –
(a) if the applicant does not possess the minimum educational qualification;

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(b) if the medical certificate submitted by the applicant reveals that he is physically unfit
to act as a conductor; and
(c) if any previous conductor’s licence held by the applicant was revoked.

32: Revocation of a conductor’s licence on grounds of disease or disability.
It empowers the licensing authority to revoke conductor’s license of any person, if that
authority has reasonable grounds to believe that the holder of the licence is suffering from
any disease or disability which is likely to make him permanently unfit to hold such a license.
It further says, the authority revoking a conductor’s licence is not the authority which issued
the same, it is required to communicate the fact of such revocation to the authority which
issued that license.
Under this section, no license can be revoked by the licensing authority without giving an
opportunity of being heard to the holder of conductor’s license.

33: Orders refusing, etc., conductor’s licences and appeals therefrom.
1. It says, when a licensing authority refuses to issue or renew, or revokes any conductor’s
licence, then it is required to do so by an order communicated to the applicant/holder, giving
the reasons in writing for such refusal or revocation.
2. It empowers a person aggrieved by an order made under sub-section (1) to file an appeal to
the prescribed authority against such order, within 30 days of the order serviced on him.
The appellate authority is required to hear both the parties i.e. aggrieved person and the
authority before making decision. The decision of the appellate authority is binding upon both
the parties.

34: Power of licensing authority to disqualify.
1. It empowers the licensing authority to disqualify a holder of conductor’s license for holding or
obtaining such license on account of his previous conduct as a driver.
The licensing authority can make order of disqualification under this sub-section so only after
giving an opportunity of being heard to the holder of such license and with recording reasons
for doing such.
Under this sub-section no person can be disqualified for the period of more than 1 years.
2. The holder of conductor’s license, against whom the disqualification order has been made
under this Section, is required to surrender his license to the authority making such order. The
authority is required to keep the licence until the disqualification has expired or has been
removed.

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3. It says, if the authority disqualifying the holder of a conductor’s licence under this section is
not the authority which issued the license, then it is required to communicate the fact of such
disqualification to the authority which issued the license.
4. It empowers a person aggrieved by an order made under sub-section (1) to file an appeal to
the prescribed authority against such order, within 30 days of the order serviced on him.
The appellate authority is required to hear both the parties i.e. aggrieved person and the
authority before making decision. The decision of the appellate authority is binding upon both
the parties

35. Power of the court to disqualify.
1. When any person holding a conductor’s, licence is convicted of an offence under this Act, then
the Court by which such person is convicted can disqualify such convicted person for holding
a conductor’s license for period it may specify, in addition to imposing any other punishment
authorised by law.
2. (Not relevant with respect to RTO Examination).

36. Certain provisions of Chapter II to apply to conductor’s license.
It says provisions of the following sections/subsections are applicable in relation to
conductor’s license as far as possible, as they are applicable in relation to a driving license.
• Section 6(2) -
o The holder of the conductor’s license can not use of his/her license by any
other person.
• Section 14 - Validity
• Section 15 - Renewal
• Section 23 - Effect of disqualification order
• Section 24(1) - Endorsement
• Section 25 -
o Transfer of endorsement and issue of driving license free from endorsement.
37. Savings.
It says, all the conductor’s license issued in any State and are effective immediately before the
commencement of this Act will remain effective, even after the commencement of this Act,
for the period for which they all have been issued.

38. Power of State Government to make rules.
This section empowers the State Government to make to make rules for giving effect to
provisions of this Chapter and all matters related to conductor’s license.

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Chapter 4:
Registration of Motor Vehicle

39. Necessity for Registration
It says neither person can drive any motor vehicle nor an owner of motor vehicle can
allow the vehicle to be driven in any public place or in any other place if such vehicle
is not registered in accordance with this chapter; or the Certificate of Registration of
such vehicle has been suspended or cancelled; or it doesn’t carry a registration mark.
This provision doesn’t apply to a motor vehicle in possession of a dealer.
40. Registration, where to be made:
It says every owner of a motor vehicle is required to register his vehicle before any
registering authority in the State in whose jurisdiction he has residence or place of
business where vehicle is normally kept.
41. Registration, how to be made:
1. An application for registration of motor vehicle can be made by owner or in his
behalf. Such application should be in such form and contain such documents,
particulars and information as fixed by the Central Government. Such
application is required to be made within the time fixed by the Central
Government.
When a motor vehicle is jointly owned by more than one person then
application for registration of such vehicle is required to be made by one of
them on behalf of others. Such applicant is considered as owner of the motor
vehicle for the purpose of this Act.
In case of a new motor vehicle application for registration is required to be
made by the dealer if, the state in which the dealer is situated and the state in
which vehicle is being registered is same.
2. An application for registration of motor vehicle should be accompanied by
registration fee fixed by the Central Government.
3. The registering authority issues a Certificate of Registration in the name of the
owner. Such certificate should be in such form and contain such particulars
and information as fixed by the Central Government.
4. In addition to the other particulars required to be included in the certificate of
registration, the registering authority should specify the type of such vehicle
as notified by the Central Government considering design, construction and
use of such motor vehicle.

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5. The registering authority is required to enter the particulars of the certificate
(as mentioned in sub-section 3) in the register maintained by it in such form
and manner fixed by the Central Government.
6. The registering authority is required to assign a distinguish mark called
registration mark to the vehicle for display on it. Such registration mark is
required to be displayed and shown on the motor vehicle as fixed by the
Central Govt.
In case of a new vehicle for which an application for registration is made under
second proviso of sub-section 1 (i.e. by Dealer), such vehicle can be delivered
to the owner only when registration mark is displayed on the motor vehicle as
fixed by the Central Government.
7. It says, the Certificate of Registration issued under this Act or issued before the
commencement of this Act remains valid for the period of 15 years and is
renewable.
8. An application for renewal of the certificate of registration can be made by
owner or in his behalf. Such application is required to be made within such
time and in such form, containing such particulars and information as fixed by
the Central Government.
9. An application for renewal of the certificate of registration is required to be
accompanied by such fee as fixed by the Central Government.
10. Subjected to provision of Section 56, on receiving an application for renewal
of the certificate of registration, the registering authority can renew the
certificate of registration for such period as fixed by the Central Government.
If the renewing authority is not the original registering authority then it is
required to communicate such to the later.
The Central Government is empowered to fix different period of renewal for
different types of motor vehicles.
11, 12 and 13 have been omitted by the MV(A) Act, 2019.
14. An application for issuance of a duplicate certificate of registration should be
made to the last registering authority, with such fees, in such form, containing
such particular and information as fixed by the Central Government.

42. Special provisions for registration of motor vehicles of diplomatic officers, etc.:
1. In case when an application for registration of motor vehicle is made under
Section 41(1) by any diplomatic officer or consular officer or on his behalf, then
the registering authority is required to register such vehicle in accordance with
the procedure provided under the rules made by the Central Government in

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this regard. The authority is also required to assign special registration mark in
accordance with those rules.
The authority is also required to issue a certificate of registration confirming
that the vehicle has been registered under this section.
Any vehicle registered under this Section is not required to be registered
otherwise under this Act till it remains the property of such
diplomatic/consular officer.
2. If any vehicle registered under this section ceases to be the property of said
officers then, the certificate of registration issued under this section will also
become ineffective and consequently Section 39 and 40 will be applicable.
3. It empowers the Central Government to make rules for the registration of
motor vehicle belonging to diplomatic officers and consular officers. Such rule
can provide for procedure to be followed by registering authority; form of
special registration mark; form and particulars of such certificate of
registration.
4. For the purpose of this section “diplomatic officer” or “consular officer” are
officers recognized as such officer by the Central Government. If any question
arises whether a person is said officer or not, the decision of the Central
Government remains final.
43. Temporary Registration:
It says the owner of the motor vehicle can apply before the registering authority or
other authority as fixed by the State Government for the purpose of temporary
registration. Such authority is required to issue a temporary certificate of registration
and a temporary registration mark in accordance with the rules made by the Central
Government.
However, the State Government can register a motor vehicle that plies, temporarily,
within the State and issues a certificate of registration and registration mark for a
period of one month.

44. Production of the Vehicle at the time of registration:
1. Subjected to terms and conditions fixed by the Central Government in this
behalf, motor vehicle sold by the dealer is not required to be produced before
registering authority for the purpose of registration for the first time.
2. Subjected to terms and conditions fixed by the State Government in this
behalf, a person, who is registered owner of motor vehicle i.e. the certificate
of registration has been issued in his name, is not required to produce the
vehicle registered or transferred before a registering authority.

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45. Refusal of Registration or renewal of the certificate of registration:
It empowers the registering authority to deny registration of motor vehicle or renew
the certificate of registration in respect of motor vehicle (other than transport vehicle)
in following cases –
• the registering authority has reason to believe that it is a stolen motor vehicle; OR
• the vehicle is mechanically defective or fails to comply with the requirements of this
Act or of the rules made under it; OR
• the applicant has failed in furnishing particulars of any previous registration of the
vehicle or has furnished inaccurate particulars in the application for registration of the
vehicle or, as the case may be, for renewal of the certificate or registration;
The registering authority is required to furnish details of denial of registration or renewal to
the applicant, together with the reasons for such denial.

46. Effectiveness in India of registration:
It says, subjected to the provisions of section 47, a motor vehicle registered in accordance
with this Chapter in any State is not require to be registered elsewhere in India and a
certificate of registration issued or in force under this Act in respect of such vehicle remains
effective throughout India.

47. Assignment of new registration mark on removal to another State:
1. It says, when a motor vehicle registered in one State has been kept in another
state for period more than 12 months, then within the said period the owner
of the vehicle is required to make an application for assignment of new
registration mark to the registering authority, within whose jurisdiction the
vehicle then is. He is also required to submit the certificate of registration to
that registering authority.
Such application is required to be attached with –
i. No Objection Certificate obtained under Section 48, OR
ii. in case if no such NOC has been obtained then –
a. the receipt obtained under Section 48(2); OR
b. the postal acknowledgement received by the owner if he has
sent an application in this regard via registered post to
appropriate registering authority.
In this case the owner is also required to give declaration that
he has not received any communication from such authority

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either declining of grant of NOC or requiring him to comply with
any direction subjected to which such NOC can be granted.
In case, if the said a motor vehicle is held under a hire-purchase, lease or
hypothecation agreement then owner is also required to attach NOC from the
said person along with the application.
2. On receiving an application under sub-section 1, the registering authority, after
making due verification and inquiry, will assign new registration mark for that
vehicle, to displayed upon such vehicle. Before returning the certificate of
registration to the owner, new registration mark needs to be entered upon it.
The registering authority is also required to communicate the assignment of
new registration mark to original registering authority and to arrange transfer
of the registration of vehicle from the records of that registering authority to
its own records.
3. In case, if the said a motor vehicle is held under a hire-purchase, lease or
hypothecation agreement, the registering authority is required to
communicate the assignment of new registration mark to concerned official or
person via registered post.
4. It empowers the State Government to make rules, requiring the owner of the
motor vehicle not registered within the state, that is brought into the State or
for the time being in the State, to furnish prescribed information of such
vehicle to prescribed authority in the State.
5. If any owner of the motor vehicle fails to make an application under sub-
section 1, then registering authority, after considering circumstances of the
case, can require the owner to pay, in lieu of any action that can be taken
against him under Section 177. Such amount cannot be more than 100 rupees.
If owner fails to pay such amount then action will be taken against him under
Section 177.
6. If the owner pays the amount under sub-section (5), no action can be taken
against him under Section 177.
7. For the purpose of sub-section (5), the State Government can prescribe
different amounts with respect to period of delay from owner side in making
an application under sub-section (1).

48. No Objection Certificate:
1. It says, the owner of the motor vehicle is required to make an application to
the registering authority by which his vehicle was registered (originally i.e. first

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time) for the issuance of No Objection Certificate. The owner is required to
submit this NOC for following purposes.
(a) applying for assignment of new registration mark under Section
47(1); OR
(b) Transferring the motor vehicle in State other than the State of
its registration; OR
(c) Reporting the transfer under Section 50(1); OR
By this NOC registering authority certifies that, it has no objection for –
assignment of new registering mark to the vehicle; or for entering the
particulars of the transfer of ownership in the certificate of registration.
2. On receiving an application under sub-section 1, the registering authority is
required to issue a receipt (as confirmation, that application for NOC has been
made) in form fixed by the Central Government.
3. On receiving an application under sub-section 1, within 30 days of receiving
such application the registering authority is required to make written order
and communicate the same to the applicant that it has granted or refused to
grant the NOC.
Before making such written order, the registering authority can make
necessary inquiry or require the applicant to comply with such directions as it
thinks fit.
The registering authority is required to record the reasons in written for
denying the said NOC and same must be communicated to the applicant.
4. In case, within the said period of 30 days, if the registering authority doesn’t
refuse to grant NOC; or it doesn’t communicate the refusal to the application
then the said NOC is deemed to have been granted.
5. Before granting or denying to grant the said NOC, the registering authority is
required –
to solicit a written report from the police that no case relating to the theft of
motor vehicle concerned has been reported or is pending; &
to verify that all amounts due to the Government including road tax in respect
of that vehicle have been paid; &
to take into account other such factors as prescribed by the Central
Government.
6. It is the responsibility of owner to inform the registering authority, in writing,
about the theft of his vehicle along with the name of the police station where
theft report was lodged.

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The registering authority is required to take into account such report while
disposing any application for NOC; Registration; Transfer of ownership; or
Issuance of duplicate certificate of registration.
49. Change of residence or place of business:
1. It says, in case of change in address of residence or business (address recorded
in certificate of registration), with 30 days of such change, the owner of the
motor vehicle is required to communicate, in such form and with such
documents as fixed by the Central Government, new address to the registering
authority by which the certificate of registration was issued.
In this case, if the new address is in another State, then owner is required to
communicate to any registering authority in that State.
In both the cases, owner is also required to submit the certificate of
registration to respective registering authority to enter new address in it.
1A. The communication under sub-section (1) can also be sent to respective
registering authority in electronic manner with e-submission of necessary form
and documents, including proof of authentication in manner prescribed by the
Central Government.
2. It says if owner fails to submit the change in residence as per the requirements
of sub-section (1), then registering authority, after considering circumstances
of the case, can require the owner to pay, in lieu of any action that can be taken
against him under Section 177. Such amount cannot be more than 500 rupees.
3. If the owner pays the amount under sub-section (2), no action can be taken
against him under Section 177.
4. For the purpose of sub-section (2), the State Government can prescribe
different amounts with respect to period of delay from owner side in
communicating new address under sub-section (1).
5. On receiving communication under sub-section (1), the registering authority,
after making due verification, will enters new address in the certificate of
registration.
6. If the registering authority making such change in address in the certificate of
registration is not the original registering authority, then former is required to
communicate the fact of alteration to later.
7. It says provisions of sub-section (1) is not applicable in following two cases –
when change of address recorded in the certification of registration is due to
temporary absence of less than 6 months; OR
when the motor vehicle is neither used nor removed from the address
recorded in the certificate of registration.

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50. Transfer of Ownership:
1. This sub-section provides procedure to be followed by the transferor and the
transferee when ownership of motor vehicle is transferred.
a. procedure to be followed by the transferor,
i. when the ownership of a vehicle is transferred within the same
State, then within 14 days of the transfer, he required to report
that fact of transfer to the registering authority within whose
jurisdiction the transfer is to be undertaken. Such report should
in such form with such documents and in such manner as fixed
by the central government.
He is also required to send a copy of the said report to the
transferee.
ii. when the ownership of a vehicle is transferred outside of the
State, then within 45 days of the transfer, he is required to
forward followings to the registering authority within whose
jurisdiction the transfer is to be undertaken –
A. NOC obtained under Section 48; OR
B. in case if no such NOC has been obtained then –
I. the receipt obtained under Section 48(2); OR
II. the postal acknowledgement received by the
owner if he has sent an application in this regard
via registered post to appropriate registering
authority.
In this case (B) the owner is also required to give declaration
that he has not received any communication from such
authority either declining of grant of NOC or requiring him to
comply with any direction subjected to which such NOC can be
granted.

b. procedure to be followed by the transferee,
i. within 30 days of the transfer, he is required to report the
transfer to the registering authority within whose jurisdiction
he has the residence or place of business where the vehicle is
normally kept.

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ii. in this process, he is required to pay prescribed fee and submit
certificate of registration and a copy of a report received by him
from the transferor so details of change in ownership can be
entered in the certificate of registration.

2. This sub-section provides procedure for transfer of ownership in two cases
a. when the person in whose name a motor vehicle stands registered dies;
In this case, person succeeding to the possession of vehicle is required
to make an application for the purpose of transferring the ownership
of the vehicle to the registering authority in whose jurisdiction he has
the residence or place of business where the vehicle is normally kept.
He is required to make an application in such manner, with such fee
and within such time fixed by the Central Government.
b. when a motor vehicle is purchased or acquired from public auction
conducted by or on behalf of, government.
In this case a person who has purchased or acquired the motor vehicle
is required to make an application for the purpose of transferring the
ownership of the vehicle to the registering authority in whose
jurisdiction he has the residence or place of business where the vehicle
is normally kept.
He is required to make an application in such manner, with such fee
and within such time fixed by the Central Government.

3. It says, when,
the transferor or the transferee fails to report the fact of transfer of ownership
to the registering authority with 14 days and 45 days respectively; OR
the person succeeding possession (after death of registered owner) or the
person who has purchased or acquired the vehicle from auction fails to make
application within prescribed period, then
the registering authority, considering the circumstances of the case, can require the
said person to certain amount, in lieu of any action that can be taken against him
under section 177. The said amount cannot be more than 100 rupees.
However, the action can be taken under Section 177 against said person, if he fails to
pay said amount.
4. If the said person pays the amount under sub-section (3), no action can be taken
against him under Section 177.

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5. For the purpose of sub-section (3), the State Government can prescribe different
amounts with respect to period of delay on the part of the transferor or the transferee
in reporting the fact of transfer of ownership of the motor vehicle; OR the person
mentioned under 50(2) in making application.
6. On receiving the report under sub-section (1) or an application under sub-section (2),
the registering authority can permit the transfer of ownership to be entered in the
certificate of registration.
7. The registering authority making such entry of transfer of ownership in the certificate
of registration is required to communicate the transfer of ownership to the transferor
and to the original registering authority, if it isn’t original registering authority.

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40. ACT & RULES BY ARPAN PATEL GYANLIVE


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આરટીઓની પરરક્ષાની તૈયારી કરતાાં હોય તેવા તમામ ભાઈઓ અને બહેનોને એક અપીલ કરવા માાંગુ છુાં કે
આપ જે મરટરરયલ વાાંચી રહ્યા છૂ ઓ તેને પ્રત્યેક પેજમાાં ઉલ્લેખ કરવામાાં આવ્યો છે તે તમામ ટેલલગ્રામ ચેનલમાાં
મૂકવામાાં આવી રહ્યુાં છે. પરાંતુ મે આરટીઓની પરરક્ષાને ધ્યાનમાાં રાખતા એક લવલિષ્ટ ટેલલગ્રામ ચેનલ
t.me/ActnRule_AP િરૂ કરી છે. અત્રે ઉલ્લેખ કરવામાાં આવ્યો છે તેવી ત્રણેય ચેનલમાાં મટીરરરીયલ
મૂકવામાાં તો આવિે જ પરાંતુ t.me/ActnRule_AP ચેનલમાાં મરટરરયલના સાંદભભમાાં કરવામાાં આવનારા
સુધારાનો ઉલ્લેખ પણ કરવામાાં આવિે. આ લસવાઈ પરરક્ષાલક્ષી પ્રશ્નો અને રરલવઝન મરટરરયલ પણ યોગ્ય
સમયે મૂકવામાાં આવિે.
આપ સૌને મરટરરયલ ક્યાથી પણ મળેલ હોય તેની પરવા કયાભ વગર સીધા જ t.me/ActnRule_AP માાં
જોડાવવા માટેની હાકલ કરાં છુ.
આપ સૌનો
અપભણ પટેલ
ગાાંધીનગર

51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.:
1. It says, if any motor vehicle is held under a hire-purchase or lease or hypothecation
agreement then it is mandatory for the registering authority to make an entry of said
agreement in the certificate of registration when it registers the vehicle first time.
(for the purpose of Section 51, ‘Said Agreement’ means agreement of hire-purchase
or lease or hypothecation.)
2. It says, when the ownership of a motor vehicle registered under this Chapter is
transferred and if the transferee enters into the said agreement with any person then,
parties involved in the said agreement have to make an application to last registering
authority for entering the fact of the said agreement in the certificate of registration.
On receiving such application, the registering authority will enter the fact of said
agreement in the certificate of the registration. The last registering authority is also
required to communicate about such entry to original registering authority, if it is not
the original registering authority.
3. It says, any entry made under sub-section (1) or sub-section (2) can be removed by
the last registering authority in receiving an application with annexation of proof of
termination of contracts. The last registering authority is required to communicate
about such entry to original registering authority, if it is not the original registering
authority.
4. It says, for any motor vehicle which is held under the said agreement entry regarding
the transfer of ownership in the certificate of registration can be made only with the
written consent from the person whose name has been specified in the certificate of

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registration as the person with whom the said agreement has been made by the
owner of the vehicle.
5. If the person, whose name has been specified in the certificate of registration as the
person with whom the said agreement has been made by the owner, satisfies the
registering authority that he has taken possession of the vehicle from the registered
owner due to default of the registered owner under the said agreement and that the
registered owner refuses to deliver the certificate of registration or has absconded.
In this case, the registering authority, after giving an opportunity to registered owner
for submission of the certificate of registration, can cancel existing certificate of
registration of that vehicle and issue fresh certificate of registration in the name of the
person with whom the said agreement has been made by the owner.
Such person is required to pay the prescribed fee to obtain a fresh certificate of
registration.
In this case fresh certificate of registration is issued only for the remaining period for
which the certificate cancelled under this sub-section would have been in force.
6. Before applying to the appropriate authority for any of the following purposes, the
registered owner is required to obtain a NOC from a person with whom he has entered
into said agreement –
• renewal of the permit under Section 81; or
• issuance of duplicate certificate of registration under Section 41(14); or
• assignment of new registration mark under Section 47; or
• issuance of NOC under Section 48; or
• for change of residence or place of business under 49; or
• removal of vehicle to another State; or
• conversion of vehicle from one class to another class; or
• for alteration of vehicle under Section 52.
‘financier’ means the person with whom the owner has entered into said agreement.
7. Within 7 days of receiving an application for NOC under sub-section (6), the financier
is required to give or deny a NOC sought, & if he denies, then he is required to give
reasons in writing and communicate the applicant.
However, within said period of 7 days, if the financier doesn’t issue a NOC or fails to
communicate the reasons for denial of such NOC, then after 7 days the said NOC is
deemed to have been issued by the financier.
8. It says, at the time of applying for any of the following, the registered owner is
required to submit, with application, a NOC obtained under sub-section (7); or the
communication he received from the financier (in case of denial of NOC by the
financier) under sub-section (7); or the declaration that he hasn’t received any
communication from the financer within the said period of 7 days; –

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• renewal of the permit under Section 81; or
• issuance of duplicate certificate of registration under Section 41(14); or
• assignment of new registration mark under Section 47;
9. On receiving an application for renewal of any permit or for issuance of duplicate
certificate of registration or for assignment of new registration mark in respect of
vehicle that is subjected to the said agreement, the appropriate authority –
(a). in case when the financier has denied a NOC, after giving an opportunity of
being heard to the applicant, either –
i. renew or refuse to renew the permit; or
ii. issue or refuse to issue the duplicate certificate of registration; or
iii. assign or refuse to assign a new registration mark;
(b). in any other case (i.e. when the financier has issued a NOC; or he has failed to
issue or communicate about denial of issuance to the applicant within said
period of 7 days), –
i. renew the permit; or
ii. issue duplicate certificate of registration; or
iii. assign a new registration mark.
10. It says, the registering authority that makes entry about any of the following is
required to communicate, by registered post acknowledgement, to the financier that
such entry has been made.
11. A registering authority is required to inform the financier, when it –
• registers the new vehicle; or
• issues the duplicate certificate of registration; or
• issues a NOC (under Section 48); or
• issues or renews a fitness certificate; or
• substitutes entries relating to another vehicle in the permit.
12. It says, when the registering authority is not the original registering authority and does
any of the following then, it is required to communicate to the original registering
authority.
• making entry in the certificate of registration under sub-section (1) or (2); or
• cancelling the said entry in the certificate of registration under sub-section (3);
or
• issuing fresh the certificate of registration under sub-section (5).

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52. Alteration in motor vehicle:
1. It bars the owner of the motor vehicle from altering the vehicle to such extent that
particulars contained in the certificate of registration get changed than those specified
by the manufacturer.
However, when the owner of a motor vehicle modifies the engine or any of engine
parts of a vehicle with purpose of facilitating its operation by different types of fuel or
source of energy including battery, CNG, LPG, solar power or any other fuel or source
of energy, by installation of conversion kit, then such modifications are required to be
carried out as per the conditions specified by the Central Government.
The Central Government can prescribe specifications, conditions of approval, retro
fitment and other related matters with respect to alteration in motor vehicle. When a
motor vehicle is altered or retro-fitted as per specification prescribed by the Central
Government, the warranty granted by the manufacturer doesn’t consider as void.
The Central Government can grant exemption for the purpose of alteration of vehicle
in manner other than specified above, for any specific purpose.
1A. On the directions from the Central Government, a manufacturer of a motor vehicle is
required to alter or retrofit safety equipment or any other equipment in accordance
with the standards and specification prescribed by the Central Government.
2. It empowers the person to alter or to cause to be altered any vehicle owned by him
to be converted into adapted vehicle. However, the person is required to take prior
approval from the registering authority and the proposed alteration must be in
compliance with specification prescribed by the Central Government.
3. It says when any motor vehicle is altered without prior approval of the registering
authority then, within 14 days of making such alteration, the owner is required to
report the registering authority within whose jurisdiction he resides. He is also
required to submit the certificate of registration to that authority along with the fee
so the particulars of the alteration can be entered in it.
4. If the registering authority making any such entry of alteration is not the original
registering authority, then it is required to communicate the details of such entry to
the later.
5. It says a person holding vehicle under any hire-purchase, lease or hypothecation
agreement, cannot alter the vehicle without written consent of the registered owner.
For Section 52, “alteration” in vehicle means change in structure of vehicle to the
extent that cause changes in basic structure of that vehicle.

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53. Suspension of Registration:
1. It empowers the registering authority and other prescribed authority to suspend the
certificate of registration of any motor vehicle within its jurisdiction, if it has reason to
believe that such vehicle –
a. is in such condition that use of such vehicle would constitute danger to public;
or such vehicle doesn’t comply with the requirements of the MV Act or any
other rules made under it. OR
b. has been used or is being used for hire or reward without valid permit for such
use.

It further says,
i. if the said vehicle fails under clause (a) then the certificate of registration
would be suspended till defects are rectified to the satisfaction of the said
authority.
ii. if the said vehicle fails under clause (b) then the certificate of registration
would be suspended for a period of up to 4 months.

However, prior to suspending of the certificate of registration under this sub-section
the licensing authority is required to give an opportunity to owner for making due
representation.

2. It says, if any authority, other than registering authority, suspends the certificate of
registration under sub-section (1), then it is required to communicate the fact such
suspension and the reasons for such suspension to the registering authority within
whose jurisdiction the vehicle is (placed) at the time of suspension.
3. It says, when the registration of motor vehicle has been suspended under sub-section
(1), for continuous period of not less than one month, then the registering authority,
in whose jurisdiction the said vehicle was when the registration was suspended, is
required to inform the fact of suspension to the original registering authority if it is
not the original registering authority.
4. The owner of the motor vehicle is required to surrender the certificate of registration,
when demanded by the registering authority or any prescribed authority which has
suspended the certificate of registration.
5. The certificate of registration which has been surrendered under sub-section (4) is
required to be returned to the owner when the order suspending registration has
been declared void but not before that.

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54. Cancellation of registration suspended under Section 53:
It says, it the registration of any motor vehicle is suspended under Section 53 for
continuous period of not less than 6 months, the registering authority within whose
jurisdiction the vehicle was when the registration was suspended, –
a. may cancel the registration of said vehicle, if it the original registering
authority. OR
b. is required to forward the suspended certificate of registration to the original
registering authority, who may cancel the registration.

55. Cancellation of registration:
1. It says, if the motor vehicle has been destroyed or has been rendered permanently
incapable of use, then within 14 days, the owner is required to report the fact to the
registering authority within whose jurisdiction he has the residence or place of
business where the vehicle is normally kept. He is also required to submit the
Certificate of Registration of such vehicle to that authority.
2. The registering authority, receiving report and the certificate of registration under
sub-section (1), is required to –
o cancel the registration and the certificate of registration of said vehicle, if it is
the original registering authority. OR
o if it is not the original registering authority, forward the report and the
certificate of registration to original registering authority, & such authority is
required to cancel the registration.
3. It empowers the registering authority to order the examination of any motor vehicle
within its jurisdiction, by any authority appointed by the State Government for this
purpose.
Upon such examination, if the registering authority is satisfied that the vehicle is in
such a condition that it is incapable of being used or its use in a public place would
constitute a danger to the public and that it is beyond reasonable repair, then it can
cancel the registration of such vehicle.
However, no registration can be cancelled under this clause without giving an
opportunity to make representation to the owner, if he wishes.
4. It says, if the registering authority is satisfied that a motor vehicle has been
permanently removed out of India, then the said authority is required to cancel the
registration of such vehicle.

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5. It empowers the registering authority to cancel the certificate of registration, if it is
satisfied that, the registration of a motor vehicle has been obtained through fraud –
i.e. based on false documents; or based on wrong-representation of any facts in such
documents; or the engine number or the chassis number embossed thereon are
different from such number entered in the certificate of registration.
However, the registering authority is required to record the reasons in writing for
cancellation and is also required to give an opportunity to make representation to the
owner if he wishes.
5A. It empowers the registering authority and other prescribed authority to cancel the
certificate of registration of any motor vehicle within its jurisdiction, if it has reason to
believe that such vehicle has been used in commission of an offence under Section
199A (i.e. Juvenile commits offence under the MV Act).
Under this sub-section the registration can be cancelled only for period of one year
and that too after giving an opportunity to make representation to the owner if he
wishes.
6. A registering authority cancelling the registration of a motor vehicle under Section 54
or under this section is required to communicate the fact of cancellation, in writing,
to the owner of the vehicle, and the owner of the vehicle is required to surrender to
that authority the certificate of registration of the vehicle.
7. A registering authority making an order of cancellation under Section 54 or under this
section is required to –
o cancel the certificate of registration and the entry relating to the vehicle in its
records, if it is the original registering authority. OR
o forward the certificate of registration to original registering authority, if it is
not the original registering authority. And that authority is required to cancel
the certificate of registration and the entry relating to the motor vehicle in its
records.
8. The expression “original registering authority” in this section and in Sections 41, 49,
50, 51, 52, 53 and 54 means the registering authority in whose records the registration
of the vehicle is recorded.
9. In this section, “certificate of registration” includes a certificate of registration
renewed under the provisions of this Act.

56. Certificate of fitness of transport vehicle.
1. Certificate of fitness is essential for transport vehicle to make its registration valid
under this chapter. Certificate of fitness is required to be in such form and containing
such particulars as prescribed by the central government.

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Certificate of fitness can be issued by authority prescribed by the Central Government
as well as authorised testing stations (ATS).
Certificate of fitness certifies that a vehicle is, for the time being, in compliance with
all requirements of this Act and Rules made under it.
If any prescribed authority or an authorised testing station (ATS) refuses to issue the
certificate of fitness, then it is required to give reason in written for such refusal.
The certificate of fitness cannot be granted to a vehicle after a date notified by the
Central Government, unless such vehicle has been tested at an authorised testing
station.
2. It defines an authorised testing station - means any facility including testing facilities
authorised by the State Government, that tests and certifies fitness of transport
vehicle in accordance with rules made by the Central Government.
3. The certificate of fitness remains valid for a period prescribed by the Central
Government.
4. It says, the prescribed authority can cancel a certificate of fitness, if it is satisfied that
the vehicle is not in compliance with all the requirements of this Act and Rules made
under it.
With cancellation of certificate of fitness, certificate of registration and any permit
granted (under Chapter V) are considered suspended and will remain suspended until
a new certificate of fitness is obtained.
The certificate of fitness can be cancelled only if... the prescribed authority has
technical qualification prescribed by the Central Government or based on report of an
officer that possesses such technical qualification.
The cancellation of certificate of fitness is required to be confirmed by an authorised
testing station chosen by the owner of motor vehicle.
o Who will bear the cost of this test?
i. If an ATS confirms cancellation - the owner
ii. If an ATS doesn’t confirm cancelation - the prescribed authority
5. The certificate of fitness issued under this Act remains effective and valid across India.
6. All transport vehicle with valid certificate of fitness are required to carry a
distinguishing mark prescribed by the Central Government on their bodies in clear and
visible manner.
7. It says, the Central Government can extend the provision of this section to non-
transport vehicle also, subjected to appropriate conditions.

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57. Appeals.
1. Any person aggrieved by an order of the registering authority under section 41, 42, 43, 45, 47,
48, 49, 50, 52, 53, 55 or 56 can file an appeal against such the order to the prescribed
authority, within 30 days of the date on which he has received notice of such order.
2. The appellate authority is required to give notice of the appeal to the original authority. Such
appellate authority, after giving an opportunity of being heard to the original authority and
the appellant, can pass such orders as it thinks fit.

58. Special provisions in regard to transport vehicle.
1. It says that, the Central Government can specify the maximum gross vehicle weight
and maximum safe axle weight for each axle of transport vehicle after taking into
account –
o Number, nature and size of tyres attached to wheel of transport vehicle;
o design and model of such transport vehicle and other relevant considerations.
This provision is not applicable to a motor cab.
2. While registering a transport vehicle, the registering authority is required to enter
following particulars in the record of registration and in the certificate of registration
of the vehicle –
o the unladen weight of the vehicle;
o the number, nature and size of tyres attached to each wheel;
o the gross vehicle weight and registered axle weight; and
o number of passengers for whom accommodation is provided, if the vehicle is used
or adapted to be used for carriage of passenger solely or in addition to goods.
The owner is required to display the same on the vehicle as president by the Central
Government.
3. No different particular can be entered in the certificate of registration than those
described under section 58(1).
However, the central government can permit heavier weight than those specified
under section 58(1) in particular locality for vehicles of particular type.
4. Omitted
5. In case of revision in gross vehicle weight under section 58(3), the registering authority
can require the owner of transport vehicle to produce the certificate of registration
within time prescribed by it.

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59. Power to fix the age limit of motor vehicle.
1. After considering the public safety, convenience and objects of the act the Central
Government can specify the life of motor vehicle to be counted from the date of its
manufacturing. It further says, after the expiry of such life, the motor vehicle is not
considered to be in compliance with the requirements of this Act and Rules made
under it.
The Central Government can specify different age for different class or different types
of vehicles.
2. The Central Government can grant exemption to any vehicle from the requirement of
section 59(1) for following purposes –
i. Display or demonstration in exhibition;
ii. Taking part in vintage rally;
iii. Technical research and development
3. It says that, neither prescribed authority nor an Authorised Testing Station can grant
a certificate of fitness to any motor vehicle in contravention of the provisions of any
notification issued under section 59(1).
4. Considering the public safety, Protection of Environment and objects of this act the
Central Government can make rules providing the manner of recycling of motor
vehicle or its parts after the expiry of age limit

60. Registration of motor vehicle belonging to the Central Government.
1. The Central Government can notify the authority for the purpose of registration of
motor vehicle belonging to it or under its exclusive control.
The vehicle registered by such authority is not required to be registered otherwise
under this Act so long as it remains the property or under exclusive control of the
Central Government.
2. The authority notified under section 60(1) is required to assign registration mark and
all necessary certificate including fitness certificate to vehicle registered by it.
3. A vehicle registered under this section is required to carry certificates issued under
section 60(2).
4. If a vehicle registered under section 60 of this Act ceases to be the property or under
exclusive control of the Central Government then it will be required to be registered
under Sections 39 and 40 of this Act.
5. The authority notified under section 60(1) is required to furnish information regarding
registration of vehicle by it when required by the State Government.

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61. Application of chapter to trailers.
1. It says provisions of this Chapter are applicable to the registration of trailer, similar to
the registration of any other vehicle.
2. The registration mark granted to a trailer is required to be displayed on the side of
drawing vehicle in such manner as prescribed by the Central Government.
3. A person cannot drive a motor vehicle to which a trailer is or trailer are attached, if
the registration mark of the driven vehicle is not displayed on trailer or the last trailer
in the train - in such manner as prescribed by the Central Government.



62. Information regarding stolen and recovered motor vehicle to be furnished by the
police to the State Transport Authority.
If the State Government thinks it is necessary or expedient to do in the public interest,
then it can require the IGP of police or any other rank police officer to submit following
information to the State Transport Authority in such form and within the time
prescribed by it.
o Vehicles that have been stolen;
o Stolen vehicle that have been recovered and police is aware of such recovery;

62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicle.
1. It says the registering authority cannot register any motor vehicle that violates any
rule made by the Central Government under section 110(1)(a) i.e. Oversized Vehicle.
2. It says, neither prescribed authority nor the authorised testing stations can issue
certificate of fitness to any motor vehicle that violates any rule made under section
110 i.e. Oversized Vehicle.

62B. National Register of Motor Vehicles.
1. The Central Government is required to maintain a National Register of Motor Vehicles
in such form and such manner as prescribed.
All the State Registers of Motor Vehicles are subsumed under the National Register of Motor
Vehicles from the date notified by the Central Government

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2. It says, all certificate of registration issued or renewed under this Act can be considered valid
only if, it has been issued a unique registration number under the National Register of Motor
Vehicles.
3. For maintaining the National Register of Motor Vehicles, all the State Governments and
the Licensing Authorities under this Act are required to transmit all information including data
contained in in the State Register of Motor Vehicles in such form and manner as prescribed
by the Central Government.
4. It says, the State Governments are empowered to access the National Register of Motor
Vehicles and update their records in such manner as prescribed by the Central Government.

63. Maintenance of State Register of Motor Vehicles.
Every State Government is required to maintain the State Register of Motor Vehicle
as prescribed by the Central Government and such Register must contain the following
particulars with respect to motor vehicles in the State.
1. Registration number;
2. Year of manufacturing;
3. Class and types of vehicle;
4. Name and address of registered owner; and
5. Such other particulars as prescribed by the Central Government.

64. Power of the Central Government to make rules.
It confers power upon the Central Government to make rules governing various
aspects of the Registration of Motor Vehicle.

65. Power of the State Government to make rules.
It confers power upon the Central Government to make rules governing various
aspects of the Registration of Motor Vehicle.

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