INTRODUCTION
The Motor Vehicle Act was passed in 1988, and it came into force in 1989. This Act covers laws relating to controlling permits and penalties, traffic restrictions, vehicle insurance, motor vehicle registration, and traffic regulations. This Act has been amended once that was in 2019. More stringent laws and harsh penalties with respect to registrations, accidents, and requirements are covered under this Act. The Motor Vehicle Act requires all drivers to have a valid driver’s license, and vehicles have to be registered under the act. The main objectives of this Act are to ensure road safety, compensation for accident victims, third-party insurance, and vehicle validity.
In this article, Team YLCC highlights some of the important provisions of the Motor Vehicle Act required for acing competitive exams. Read on!
- Section 16- Revocation Of Driving Licence On Grounds Of Disease Or Disability.
If the licensing authority has reasonable grounds to believe that the holder of the driving licence is unfit to drive a motor vehicle due to any disease or disability, the authority can revoke the licence, the authority who is revoking the license must notify the authority that issued the license.
- Section 21- Suspension Of Driving Licence In Certain Cases.
The authority as per this Section can suspend the license for a certain period of time if a case is being registered against a person who has previously been convicted of an offence punishable under section 184 on the allegation that such person has caused the death of, or grievous injury to, one or more people by such dangerous driving. The police officer who registers the case has to bring such suspension to the attention of the Court competent to hear the case, and such Court shall then take possession of the driver’s license, endorse the suspension on it, and notify the licensing authority where the license was issued or last renewed of the fact of such endorsement.
- Section 31-Disqualifications For The Grant Of Conductor’s Licence.
Section 31, 32, 33 deals with disqualification, revocation and order that refuse to grant conductors licence. The disqualification grounds can be not complying with age limit, health issues, Any licensing authority may revoke a conductor’s licence at any time if it has reasonable grounds to believe that the holder of the license is suffering from any disease or disability that is likely to render him permanently unfit to hold such a license, and if the authority revoking the conductor’s license is not the same as the one that issued it, it must notify the authority that issued the licence of the revocation.
- Section 59-Power To Fix The Age Limit Of Motor Vehicle.
The Central Government has the power to fix the age limit of motor vehicle, in consideration of public safety, convenience, and the purposes of this Act. It does by By notifying in the Official Gazette. By specifying the life of a motor vehicle, which begins on the date of manufacture and ends when the motor vehicle ceases to comply with the requirements and the rules of this Act.
- Section 79-Grant Of Goods Carriage Permit.
Under section 77, a Regional Transport Authority may grant or refuse a goods carriage permit that is valid throughout the State or in accordance with the application or with such modifications as it deems appropriate. The authority may grant the permit, subject to any rules made under this Act, and can attach any one or more of the conditions listed in this section to the permit.
- Section 122-Leaving Vehicle In Dangerous Position.
The person in charge of a motor vehicle must not be abandoned or keep the vehicle at rest in any public place in such circumstances which may cause danger, obstruction, or undue inconvenience to other users of the public place or to passengers.
- Section 129- Wearing Of Protective Headgear.
Everyone who is driving or riding a motor vehicle has to wear a Protective headgear which is a helmet, the exception is provided to the person who is Sikh and is wearing a turban according to this Section.
- Section 130-Duty To Produce Licence And Certificate Of Registration.
As per this section police authority can in a public place demand to check the documents of vehicle and driving licence. The documents can include insurance, and registration certificates.
- Section 134-Duty Of Driver In Case Of Accident And Injury To A Person.
In a situation when a person is injured by a motor vehicle the person who was in possession of that vehicle has to make sure to arrange all possible medical attention and take reasonable steps. Assist the police in giving all the required information.
- Section 140-Liability To Pay Compensation In Certain Cases On The Principle Of No-Fault
In cases where death or permanent disability is caused due to the accident, the owner or owners will be held accountable to pay compensation. The amount which has to be paid in both the circumstances is explicitly mentioned in this Section. A claim for such compensation cannot be defeated.
- Section 142- Permanent Disablement.
This Section explains about what constitutes permanent disablement under this Act. According to this Section, Permanent disablement can be the loss of an eye or ear, impairing of any joint, or disfiguration of the head or face.
- Section 161-Special Provisions As To Compensation In Case Of Hit And Run Motor Accident.
This Section talks about the liability of insurance companies to pay compensation upon certain conditions. And the definition of “grievous hurt”, “hit and run motor accident”, “scheme” is covered.
- Section 169-Procedure And Powers Of Claims Tribunals.
As per this Section the Claims tribunals has the powers as that of a Civil Court for the purpose of taking oath evidence, enforcing witness attendance, compelling the discovery and production of documents and material objects, and for any other purposes as may be prescribed. The claims made by the Claim Tribunal have the same validity as that of a Civil Court.
- Section 175-Bar On Jurisdiction Of Civil Courts.
Where the Claim Tribunals are constituted the Civil Courts jurisdiction is barred as per this Section.
- Section 197-Taking Vehicle Without Authority.
The person who drives away the vehicle without permission, or takes possession with a threat or inducement or abetment is done related to these conditions is punishable under this Section.
- Section 202-Power To Arrest Without Warrant.
When a person commits an offence that is punishable under section 184 or section 185 or section 197, and in front of a police officer, the person can be arrested without a warrant.
- Section 207-Power To Detain Vehicles Used Without A Certificate Of Registration Permit, Etc.
Any police officer or an authorized by the State government, may if he has reason to believe that a motor vehicle has been or is being used in violation of the provisions of sections 3 or 4 or 39, or without the permission of section 66, or in violation of any condition of such permit, is being used then he may take necessary steps as may be deemed necessary.
- Section 213-Appointment Of Motor Vehicles Officers.
As per this Section, the state government appoints motor vehicle offices so that the provisions of this Act can be followed. On such officers, several rules, functions, and regulations are being put on as per this Section.
- Section 149- Duty Of Insurers To Satisfy Judgments And Awards Against Persons Insured In Respect Of Third-Party Risks.
This section deals with various clauses and sub-clause that state the duty of the insurer.
- Section 158- Production Of Certain Certificates, Licence, And Permit In Certain Cases
As per this Section, a person who is driving a motor vehicle can be asked by the police authority to produce a certain document which can be a certificate of insurance and registration, a driving licence; and a certificate of fitness in cases of the transport vehicle. Several other sub-clauses are also present in this Section which talks about conviction, production of certificate and similar other things.
YLCC would like to thank Anam Khan for her valuable insights in this article.