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P K SARKAR THE MOTOR VEHICLES ACT 1988

From Eastern Law House
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Author :P K SARKAR

Publisher :Eastern Law House

SKU :ELH118

Edition :2025

Format :Paperback

HSN No :49011010

Country Region :India

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Description

1. Vehicle Registration (Chapter IV)

  • Every motor vehicle must be registered with the concerned Regional Transport Office (RTO).
  • A unique Registration Number is assigned to each vehicle.
  • Vehicles must display the registration number properly.

2. Licensing of Drivers and Conductors (Chapter II & III)

  • No person can drive a motor vehicle without a valid Driving License.
  • There are different categories of licenses for private, commercial, and transport vehicles.
  • Learner's licenses and permanent licenses are issued as per eligibility criteria.

3. Control of Motor Vehicles and Road Transport (Chapter V & VI)

  • Vehicles must comply with prescribed safety and emission standards.
  • Government authorities regulate permit issuance for transport vehicles.
  • Provisions for public transport operations and vehicle fitness certification.

4. Traffic Regulations (Chapter VIII)

  • Specifies road safety measures, traffic signs, and driving rules.
  • Defines penalties for violations like overspeeding, rash driving, and drunk driving.

5. Insurance of Motor Vehicles (Chapter XI)

  • Third-party insurance is mandatory for all vehicles.
  • Compensation provisions for victims in case of accidents.

6. Liability and Compensation (Chapter X & XII)

  • Compensation for accidents through Motor Accident Claims Tribunal (MACT).
  • Compensation can be granted in case of death, injury, or property damage.

7. Penalties and Offenses (Chapter XIII)

  • Fines and imprisonment for violating traffic rules, overloading, and reckless driving.
  • New amendments (2019) increased penalties for offenses like not wearing helmets, seatbelts, and driving under the influence.

Major Amendments

  • Motor Vehicles (Amendment) Act, 2019
    • Stricter penalties for traffic violations.
    • Digitization of vehicle-related services.
    • Improved road safety regulations.
    • Provision for Hit & Run accident compensation.

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Content

Chapter I – Preliminary (Sections 1-2)

  • Short title, extent, and commencement of the Act.
  • Definitions of important terms like motor vehicle, public place, transport vehicle, etc.

Chapter II – Licensing of Drivers of Motor Vehicles (Sections 3-28)

  • Eligibility and requirements for obtaining a Driving License.
  • Different types of licenses (learner’s, permanent, and commercial).
  • Disqualification and suspension of a driving license.

Chapter III – Licensing of Conductors of Stage Carriages (Sections 29-38)

  • Provisions for issuing a Conductor’s License for public transport buses.
  • Eligibility, application process, and suspension rules.

Chapter IV – Registration of Motor Vehicles (Sections 39-65)

  • Mandatory vehicle registration before use.
  • Assignment of Registration Numbers.
  • Transfer of ownership and rules for temporary registration.
  • Suspension and cancellation of registration.

Chapter V – Control of Transport Vehicles (Sections 66-96)

  • Permit requirements for commercial and transport vehicles.
  • National and State Transport Authorities regulate public transport.
  • Special permits for inter-state travel.

Chapter VI – Special Provisions for State Transport Undertakings (Sections 97-108)

  • State government’s authority to operate transport services.
  • Compensation and acquisition of private transport vehicles by the state.

Chapter VII – Construction, Equipment, and Maintenance of Vehicles (Sections 109-111)

  • Safety and emission control regulations.
  • Provisions for vehicle fitness certification.

Chapter VIII – Control of Traffic (Sections 112-138)

  • Speed limits, drunken driving, and reckless driving penalties.
  • Use of helmets and seatbelts.
  • Traffic signals, parking rules, and pedestrian rights.

Chapter IX – Motor Vehicles Temporarily Leaving or Visiting India (Sections 139-144)

  • Rules for foreign-registered vehicles in India.
  • Provisions for temporary registration of imported vehicles.

Chapter X – Liability Without Fault in Certain Cases (Sections 145-164)

  • Compensation to accident victims without proving negligence.
  • Hit-and-run compensation provisions.

Chapter XI – Insurance of Motor Vehicles Against Third Party Risks (Sections 165-176)

  • Mandatory third-party insurance for all vehicles.
  • Compensation for injury or death due to vehicle accidents.

Chapter XII – Claims Tribunals (Sections 177-184)

  • Establishment of Motor Accident Claims Tribunals (MACT).
  • Compensation claims for accident victims.

Chapter XIII – Offenses, Penalties, and Fines (Sections 185-211)

  • Penalties for traffic violations, including overspeeding, rash driving, and driving under influence.
  • Increased fines under Motor Vehicles (Amendment) Act, 2019.

Chapter XIV – Miscellaneous (Sections 212-217A)

  • Power of government to make rules and amendments.
  • Provisions for electronic monitoring of traffic offenses.

Recent Amendments

  • Motor Vehicles (Amendment) Act, 2019
    • Increased penalties for traffic violations.
    • Digitalization of vehicle registration and driving licenses.
    • New hit-and-run compensation scheme.
    • Stricter road safety laws.

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P K SARKAR THE MOTOR VEHICLES ACT 1988

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