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© Taxmann Price : ` 325 Law stated in this book is as updated till 1st December, 2025 Published by : Taxmann Publications (P.) Ltd. Sales & Marketing : 59/32, New Rohtak Road, New Delhi-110 005 India Phone : +91-11-45562222 Website : www.taxmann.com E-mail : sales@taxmann.com Regd. Office : 21/35, West Punjabi Bagh, New Delhi-110 026 India Printed at : Tan Prints (India) Pvt. Ltd. 44 Km. Mile Stone, National Highway, Rohtak Road Village Rohad, Distt. Jhajjar (Haryana) India E-mail : sales@tanprints.com Disclaimer Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications. No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action. For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.
Contents MOTOR VEHICLES ACT, 1988 PAGE
CHAPTER I PRELIMINARY 1. Short title, extent and commencement
1
2 Definitions
1
2A. E-cart and e-rickshaw
9
2B. Promotion of innovation
9 CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES 3. Necessity for driving licence
10
4. Age limit in connection with driving of motor vehicles
10
5. Responsibility of owners of motor vehicles for contravention of sections 3 and 4
10
6. Restrictions on the holding of driving licences
10
7. Restrictions on the granting of learner’s licences for certain vehicles
11
8. Grant of learner’s licence
11
9. Grant of driving licence
13
10. Form and contents of licences to drive
15
11. Additions to driving licence
16
12. Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles
16
I-5
CONTENTS
I-6 PAGE
13. Extent of effectiveness of licences, to drive motor vehicles
18
14. Currency of licences to drive motor vehicles
18
15. Renewal of driving licences
19
16. Revocation of driving licence on grounds of disease or disability
20
17. Orders refusing or revoking driving licences and appeals therefrom
20
18. Driving licences to drive motor vehicles, belonging to the Central Government
20
19. Power of licensing authority to disqualify from holding a driving licence or revoke such licence
21
20. Power of court to disqualify
22
21. Suspension of driving licence in certain cases
23
22. Suspension or cancellation of driving licence on conviction
24
23. Effect of disqualification order
24
24. Endorsement
25
25. Transfer of endorsement and issue of driving licence free from endorsement
26
25A. National Register of Driving Licences
26
26. Maintenance of State Registers of Driving Licences
27
27. Power of Central Government to make rules
27
28. Power of State Government to make rules
29
CHAPTER III LICENSING OF CONDUCTORS OF STAGE CARRIAGES 29. Necessity for conductor’s licence
30
30. Grant of conductor’s licence
30
31. Disqualifications for the grant of conductor’s licence
30
32. Revocation of a conductor’s licence on grounds of disease or disability
31
33. Orders refusing, etc. conductor’s licences and appeals therefrom
31
34. Power of licensing authority to disqualify
31
35. Power of court to disqualify
32
36. Certain provisions of Chapter II to apply to conductor’s licence
32
37. Savings
32
38. Power of State Government to make rules
32
I-7
CONTENTS PAGE
CHAPTER IV REGISTRATION OF MOTOR VEHICLES 39. Necessity for registration
33
40. Registration, where to be made
33
41. Registration, how to be made
33
42. Special provision for registration of motor vehicles of diplomatic officers, etc.
36
43. Temporary Registration
36
44. Production of vehicle at the time of registration
37
45. Refusal of registration or renewal of the certificate of registration
37
46. Effectiveness in India of registration
37
47. Assignment of new registration mark on removal to another State
38
48. No objection certificate
39
49. Change of residence or place of business
40
50. Transfer of ownership
41
51. Special provisions regarding motor vehicle subject to hire-purchase agreement, etc.
42
52. Alteration in motor vehicle
45
53. Suspension of registration
47
54. Cancellation of registration suspended under section 53
48
55. Cancellation of registration
48
56. Certificate of fitness of transport vehicles
49
57. Appeals
51
58. Special provisions in regard to transport vehicles
51
59. Power to fix the age limit of motor vehicle
52
60. Registration of vehicles belonging to the Central Government
53
61. Application of Chapter to trailers
53
62. Information regarding stolen and recovered motor vehicles to be furnished by the police to the State Transport Authority
53
62A. Prohibition of registration and issuance of certificate of fitness to oversized vehicles
54
62B. National Register of Motor Vehicles
54
63. Maintenance of State Registers of Motor Vehicles
54
64. Power of Central Government to make rules
55
65. Power of State Government to make rules
57
CONTENTS
I-8 PAGE
CHAPTER V CONTROL OF TRANSPORT VEHICLES 66. Necessity for permits
58
66A. National Transportation Policy
60
66B. No bar against permit holders to apply and hold licences under schemes
61
67. Power of State Government to control road transport
61
68. Transport authorities
63
69. General provision as to applications for permits
64
70. Application for stage carriage permit
65
71. Procedure of Regional Transport Authority in considering application for stage carriage permit
65
72. Grant of stage carriage permit
67
73. Application for contract carriage permit
69
74. Grant of contract carriage permit
69
75. Scheme for renting of motor cabs
70
76. Application for private service vehicle permit
71
77. Application for goods carriage permit
72
78. Consideration of application for goods carriage permit
72
79. Grant of goods carriage permit
72
80. Procedure in applying for and granting permits
73
81. Duration and renewal of permits
75
82. Transfer of permit
76
83. Replacement of vehicles
76
84. General conditions attaching to all permits
76
85. General form of permits
77
86. Cancellation and suspension of permits
77
87. Temporary permits
78
88. Validation of permits for use outside region in which granted
79
88A. Power of Central Government to make schemes for national, multimodal and inter-State transport of passengers and goods
82
89. Appeals
83
90. Revision
84
91. Restriction of hours of work of drivers
85
I-9
CONTENTS PAGE
92. Voidance of contracts restrictive of liability
85
93. Agent or canvasser or aggregator to obtain licence
85
94. Bar on jurisdiction of civil courts
86
95. Power of State Government to make rules as to stage carriages and contract carriages
86
96. Powers of State Government to make rules for the purposes of this Chapter
87
CHAPTER VI SPECIAL PROVISIONS RELATING TO STATE TRANSPORT UNDERTAKINGS 97. Definition
90
98. Chapter to override Chapter V and other laws
90
99. Preparation and publication of proposal regarding road transport service of a State Transport Undertaking
90
100. Objection to the proposal
90
101. Operation of additional services by a State Transport Undertaking in certain circumstances
91
102. Cancellation or modification of scheme
91
103. Issue of permits to State Transport Undertakings
92
104. Restriction on grant of permits in respect of a notified area or notified route
93
105. Principles and method of determining compensation and payment thereof
93
106. Disposal of article found in vehicles
94
107. Power of State Government to make rules
94
108. Certain powers of State Government exercisable by the Central Government
95
CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES 109. General provision regarding construction and maintenance of vehicles
95
110. Power of Central Government to make rules
95
110A. Recall of motor vehicles
97
110B. Type-approval certificate and testing agencies
98
111. Power of State Government to make rules
98
CONTENTS
I-10 PAGE
CHAPTER VIII CONTROL OF TRAFFIC 112. Limits of speed
99
113. Limits of weight and limitations on use
100
114. Power to have vehicle weighed
100
115. Power to restrict the use of vehicles
100
116. Power to erect traffic signs
101
117. Parking places and halting stations
102
118. Driving regulations
103
119. Duty to obey traffic signs
103
120. Vehicles with left hand control
103
121. Signals and signalling devices
103
122. Leaving vehicle in dangerous position
104
123. Riding on running board, etc.
104
124. Prohibition against travelling without pass or ticket
104
125. Obstruction of driver
104
126. Stationary vehicles
104
127. Removal of motor vehicles abandoned or left unattended on a public place
105
128. Safety measures for drivers and pillion riders
105
129. Wearing of protective headgear
105
130. Duty to produce licence and certificate of registration
106
131. Duty of the driver to take certain precautions at unguarded railway level crossings
107
132. Duty of driver to stop in certain cases
107
133. Duty of owner of motor vehicle to give information
108
134. Duty of driver in case of accident and injury to a person
108
134A. Protection of Good Samaritans
109
135. Schemes to be framed for the investigation of accident cases and wayside amenities, etc.
109
136. Inspection of vehicle involved in accident
109
136A. Electronic monitoring and enforcement of road safety
110
I-11
CONTENTS
PAGE
137. Power of Central Government to make rules
110
138. Power of State Government to make rules
110
CHAPTER IX MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING INDIA 139. Power of Central Government to make rules
111
CHAPTER X LIABILITY WITHOUT FAULT IN CERTAIN CASES 140. [Omitted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-42022]
113
141. [Omitted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-42022]
113
142. [Omitted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-42022]
113
143. [Omitted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-42022]
113
144. [Omitted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-42022]
113
CHAPTER XI INSURANCE OF MOTOR VEHICLES AGAINST THIRD PARTY RISKS 145. Definitions
114
146. Necessity for insurance against third party risks
124
147. Requirement of policies and limits of liability
125
148. Validity of policies of insurance issued in reciprocating countries
126
149. Settlement by insurance company and procedure therefor
126
150. Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks
128
151. Rights of third party against insurers on insolvency of insured
130
152. Duty to give information as to insurance
131
153. Settlement between insurers and insured persons
132
154. Saving in respect of sections 151, 152 and 153
132
155. Effect of death on certain causes of action
133
156. Effect of certificate of insurance
133
157. Transfer of certificate of insurance
133
CONTENTS
I-12 PAGE
158. Production of certain certificates, licence and permit in certain cases
133
159. Information to be given regarding accident
134
160. Duty to furnish particulars of vehicle involved in accident
134
161. Special provisions as to compensation in case of hit and run motor accident
135
162. Scheme for golden hour
137
163. Refund in certain cases of compensation paid under section 161
137
164. Payment of compensation in case of death or grievous heart, etc.
138
164A. Scheme for interim relief for claimants
139
164B. Motor Vehicle Accident Fund
139
164C. Power of Central Government to make rules
140
164D. Power of State Government to make rules
142
CHAPTER XII CLAIMS TRIBUNALS 165. Claims Tribunals
142
166. Application for compensation
143
167. Option regarding claims for compensation in certain cases
144
168. Award of the Claims Tribunal
144
169. Procedure and powers of Claims Tribunals
147
170. Impleading insurer in certain cases
147
171. Award of interest where any claim is allowed
148
172. Award of compensatory costs in certain cases
149
173. Appeals
150
174. Recovery of money from insurer as arrear of land revenue
150
175. Bar on jurisdiction of civil courts
150
176.
151
Power of State Government to make rules CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE
177. General provision for punishment of offences 177A. Penalty for contravention of regulations under section 118
151 151
178. Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc.
152
179. Disobedience of order, obstruction and refusal of information
153
I-13
CONTENTS
PAGE
180. Allowing unauthorised persons to drive vehicles
154
181. Driving vehicles in contravention of section 3 or section 4
155
182. Offences relating to licences
155
182A. Punishment for offences relating to construction, maintenance, sale and alteration of motor vehicles and components
156
182B. Punishment for contravention of section 62A
158
183. Driving at excessive speed, etc.
159
184. Driving dangerously
160
185. Driving by a drunken person or by a person under the influence of drugs
162
186. Driving when mentally or physically unfit to drive
163
187. Punishment for offences relating to accident
164
188. Punishment for abetment of certain offences
164
189. Racing and trials of speed
165
190. Using vehicle in unsafe condition
166
191. [Omitted by Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019]
168
192. Using vehicle without registration
168
192A. Using vehicle without permit
170
192B. Offences relating to registration
172
193. Punishment of agents, canvassers and aggregators without proper authority 194. Driving vehicle exceeding permissible weight
173 174
194A. Carriage of excess passengers
176
194B. Use of safety belts and the seating of children
177
194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders
177
194D. Penalty for not wearing protective headgear
178
194E. Failure to allow free passage to emergency vehicles
178
194F. Use of horns and silence zones
178
195. [Omitted by Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019]
179
196. Driving uninsured vehicle
179
197. Taking vehicle without authority
180
198. Unauthorised interference with vehicle
180
198A. Failure to comply with standards for road design, construction and maintenance 199. Offences by companies
182 183
CONTENTS
I-14 PAGE
199A. Offences by Juveniles
185
199B. Revision of fines
186
200. Composition of certain offences
187
201. Penalty for causing obstruction to free flow of traffic
189
202. Power to arrest without warrant
190
203. Breath tests
191
204. Laboratory test
192
205. Presumption of unfitness to drive
193
206. Power of police officer to impound document
193
207. Power to detain vehicles used without certificate of registration permit, etc.
194
208. Summary disposal of cases
195
209. Restriction on conviction
195
210. Courts to send intimation about conviction
196
210A. Power of State Government to increase penalties
196
210B. Penalty for offence committed by an enforcing authority
196
210C. Power of Central Government to make rules
196
210D. Power of State Government to make rules
197
CHAPTER XIV MISCELLANEOUS 211. Power to levy fee 211A. Use of electronic forms and documents
197 197
212. Publication, commencement and laying of rules and notifications
198
213. Appointment of motor vehicles officers
198
214. Effect of appeal and revision on orders passed by original authority
200
215. Road Safety Councils and Committees
200
215A. Power of Central Government and State Government to delegate
201
215B. National Road Safety Board
201
215C. Power of Central Government to make rules
201
215D. Power of State Government to make rules
202
I-15
CONTENTS PAGE
216. Power to remove difficulties
202
217. Repeal and savings
202
217A. Renewal of permits, driving licences and registration granted under the Motor Vehicles Act, 1939
203
FIRST SCHEDULE: Mandatory Signs
204
SECOND SCHEDULE: [ Omitted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-4-2022]
235
SUBJECT INDEX
237
Motor Vehicles Act, 1988 [59 OF 1988]1 An Act to consolidate and amend the law relating to motor vehicles. BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows : CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Motor Vehicles Act, 1988. (2) It extends to the whole of India. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State. Definitions. 2. In this Act, unless the context otherwise requires,— [(1) “adapted vehicle” means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person;
3
(1A) “aggregator” means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation;
1. Dated 14-10-1988. 2. W.e.f. 1-7-1989, vide Notification No. S.O. 368(E), dated 22-5-1989. 3. Clauses (1), (1A) and (1B) substituted for clause (1) by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019. Prior to its substitution, clause (1) read as under : ‘(1) “area”, in relation to any provision of this Act, means such area as the State Government may, having regard to the requirements of that provision, specify by notification in the Official Gazette;’
1
S. 2
MOTOR VEHICLES ACT, 1988
2
(1B) “area”, in relation to any provision of this Act, 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” means a motor vehicle to which a semi-trailer is attached; (3) “axle weight” means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface on which the vehicle rests; (4) “certificate of registration” means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; [(4A) “community service” means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;]
4
(5) “conductor” in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed; (6) “conductor’s licence” means the licence issued by a competent authority under Chapter III authorising the person specified therein to act as a conductor; (7) “contract carriage” means a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum— (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes— (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) “dealer” includes a person who is engaged— (a) 5[***] (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or 4. Inserted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019. 5. Omitted by the Motor Vehicles (Amendment) Act, 1994, w.e.f. 14-11-1994. Prior to its omission, sub-clause (a) read as under: “(a) in the manufacture of motor vehicles; or”
3
MOTOR VEHICLES ACT, 1988
S. 2
(d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) “driver” includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; [(9A) “driver refresher training course” means the course referred to in sub-section (2A) of section 19;]
6
(10) “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; (11) “educational institution bus” means an omnibus, which is owned by a college, school or other educational institution and used solely for the purpose of transporting students or staff of the educational institution in connection with any of its activities; (12) “fares” includes sums payable for a season ticket or in respect of the hire of a contract carriage; [(12A) “golden hour” means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;]
6
(13) “goods” includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle; (14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) “gross vehicle weight” means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) “heavy goods vehicle” means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) “heavy passenger motor vehicle” means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms; (18) 7[***] 6. Inserted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019. 7. Omitted, ibid. Prior to its omission, clause (18) read as under : ‘(18) “invalid carriage” means a motor vehicle specially designed and constructed, and not merely, adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person;’
S. 2
MOTOR VEHICLES ACT, 1988
4
(19) “learner’s licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description; (20) “licensing authority” means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III; (21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 8[7500] kilograms; [(21A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles;]
9
(22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) “medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle; (24) “medium passenger motor vehicle” means any public service vehicle or private service vehicle, or educational institution bus other than a motor cycle, 10[adapted vehicle], light motor vehicle or heavy passenger motor vehicle; (25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward; (26) “motor car” means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor cycle or 10[adapted vehicle]; (27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle; (28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding 11 [twenty-five cubic centimetres]; (29) “omnibus” means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;
8. Substituted for “6000” by the Motor Vehicles (Amendment) Act, 1994, w.e.f. 14-11-1994. 9. Inserted, ibid. 10. Substituted for “invalid carriage” by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019. 11. Substituted for “thirty-five cubic centimetres” by the Motor Vehicles (Amendment) Act, 1994, w.e.f. 14-11-1994.
5
MOTOR VEHICLES ACT, 1988
S. 2
(30) “owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement; (31) “permit” means a permit issued by a State or Regional Transport Authority or an authority prescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) “prescribed” means prescribed by rules made under this Act; (33) “private service vehicle” means a motor vehicle constructed or adapted to carry more than six persons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for the purpose of carrying persons for, or in connection with, his trade or business otherwise than for hire or reward but does not include a motor vehicle used for public purposes; (34) “public place” means a road, street, way or other place, whether a thoroughfare 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” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; (36) “registered axle weight” means in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle; (37) “registering authority” means an authority empowered to register motor vehicles under Chapter IV; (38) “route” means 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;]
12
[(39) “semi-trailer” means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is super-imposed on, and a part of whose weight is borne by, that motor vehicle;]
13
(40) “Stage carriage” means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey; 12. Inserted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019. 13. Substituted by the Motor Vehicles (Amendment) Act, 1994, w.e.f. 14-11-1994. Prior to its substitution, clause (39) read as under: ‘(39) “semi-trailer” means a trailer drawn by a motor vehicle and so constructed that a part of it is sub or imposed on and a part of its weight is borne by, the drawing vehicle;’
S. 2
MOTOR VEHICLES ACT, 1988
6
(41) “State Government” in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution; (42) “State transport undertaking” means any undertaking providing road transport service, where such undertaking is carried on by,— (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the Central Government or one or more State Governments, or by the Central Government and one or more State Governments; 14
[(iv) Zila Parishad or any other similar local authority.]
Explanation.— For the purposes of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward; 15
[(42A) “testing agency” means any entity designated as a testing agency under section 110B;] (43) “tourist vehicle” means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as may be prescribed in this behalf; (44) “tractor” means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller; (45) “traffic signs” includes all signals, warning sign posts, direction posts, markings on the road or other devices for the information, guidance or direction of drivers of motor vehicles; (46) “trailer” means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle; (47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle; (48) “unladen weight” means the weight of a vehicle or trailer including all equipments ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body; (49) “weight” means the total weight transmitted for the time being by the wheels of a vehicle to the surface on which the vehicle rests 15 [or moves].
14. Inserted by the Motor Vehicles (Amendment) Act, 1994, w.e.f. 14-11-1994. 15. Inserted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019.
7
MOTOR VEHICLES ACT, 1988
S. 2
COMMENTS SECTION NOTES
2.1 Definition of “Adapted Vehicle” [Section 2(1)] u
Adapted Vehicle is a motor vehicle that is: n
Specially designed and constructed for the use of a person suffering from any physical defect or disability.
n
One to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability.
Used solely by or for such person. 2.2 Definition of “Contract Carriage” u
Contract Carriage is a motor vehicle that: n
Carries a passenger or passengers for hire or reward.
n
Is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein.
u
The contract is entered into by a person with a holder of a permit in relation to such vehicle or any person authorized by him in this behalf.
u
The contract is on a fixed or an agreed rate or sum.
u
Whether or not with reference to any route or distance:
u
Operational Restriction:
n
n u
From one point to another. In either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey.
Contract Carriage includes: n
A maxicab.
n
A motorcab, even if separate fares are charged for its passengers.
2.3 Definition of “Driving Licence” [Section 2(10)] u
The licence issued by a competent authority under Chapter II of this Act.
u
Authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description.
2.4 Definition of “Educational Institution Bus” [Section 2(11)] u
u
An omnibus that is: n
Owned by a college, school, or other educational institution.
n
Used solely for the purpose of transporting students or staff of the educational institution.
In connection with any of the educational institution’s activities.
2.5 Definition of “Goods” [Section 2(13)] u
Goods includes: n
Live-stock.
n
Anything (other than equipment ordinarily used with the vehicle) carried by a vehicle, except living persons.
S. 2 u
MOTOR VEHICLES ACT, 1988
8
Goods excludes: n
Luggage or personal effects carried in a motor car.
n
Luggage or personal effects carried in a trailer attached to a motor car.
n
The personal luggage of passengers travelling in the vehicle.
2.6 Definition of “Learner’s Licence” [Section 2(19)] u
The licence issued by a competent authority under Chapter II of this Act.
u
Authorizing the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description.
2.7 Motor Vehicle or Vehicle Definition [Section 2(28)] u
“Motor Vehicle” or “Vehicle” refers to: n
u
u
u
Any mechanically propelled vehicle adapted for use on roads whether power of propulsion: l
Transmitted from an external source.
l
Transmitted from an internal source.
“Motor Vehicle” or “Vehicle” includes: n
A chassis to which a body has not been attached.
n
A trailer.
“Motor Vehicle” or “Vehicle”excludes n
Vehicles running on fixed rails.
n
Vehicles of a special type adapted for use only: l
In a factory.
l
In any other enclosed premises.
Vehicles having less than four wheels fitted with an engine capacity not exceeding twenty-five cubic centimeters.
2.8 Owner Definition [Section 2(30)] u
Owner in relation to this Act means: n
A person in whose name a motor vehicle is registered and where such person is a minor: l
u
The guardian of such minor.
In relation to a motor vehicle that is the subject of: n
A hire-purchase agreement.
n
An agreement of lease.
n
An agreement of hypothecation.
The person in possession of the vehicle under that specific agreement. 2.9 Private Service Vehicle Definition [Section 2(33)] u
“Private Service Vehicle” means: n
A motor vehicle constructed or adapted to carry more than six persons, excluding the driver.
n
Such vehicle used by or on behalf of the owner of such vehicle.
n
Such vehicle is used for carrying persons for, or in connection with, the owner’s trade or business.
9
MOTOR VEHICLES ACT, 1988 u
S. 2B
Vehicles otherwise than for hire or reward are excluded from the Private Service Vehicle. n
“Private Service Vehicle” also excludes a motor vehicle used for public purposes.
2.10 State Transport Undertaking Definition [Section 2(42)] u
“State Transport Undertaking” means: n
Any undertaking providing road transport service.
n
Entities Carrying on the Undertaking: l
The Central Government or a State Government.
l
Any Road Transport Corporation established under section 3 of the Road Transport Corporations Act, 1950 (64 of 1950).
l
Any municipality.
l
Any corporation or company owned or controlled by:
l u
q
The Central Government.
q
One or more State Governments.
q
The Central Government and one or more State Governments.
Zila Parishad or any other similar local authority.
“Road Transport Service” means: n
A service of motor vehicles carrying passengers or goods or both by road for hire or reward.
2.11 Unladen Weight Definition [Section 2(48)] u
“Unladen Weight” means: n
The weight of a vehicle or trailer including: l
All equipment ordinarily used with the vehicle or trailer when working.
And excluding: l u
The weight of a driver or attendant.
Where alternative parts or bodies are used, the unladen weight of the vehicle means: n
The weight of the vehicle with the heaviest such alternative part or body.
[E-cart and e-rickshaw.
16
2A. (1) Save as otherwise provided in the proviso to sub-section (1) of section 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw. (2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose battery powered vehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.] [Promotion of innovation.
17
2B. Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote 16. Inserted by the Motor Vehicles (Amendment) Act, 2015, w.r.e.f. 7-1-2015. 17. Inserted by the Motor Vehicles (Amendment) Act, 2019, w.e.f. 1-9-2019.
S. 6
MOTOR VEHICLES ACT, 1988
10
innovation, research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.] CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES Necessity for driving licence. 3. (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle (other than 18[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75) unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government. Age limit in connection with driving of motor vehicles. 4. (1) No person under the age of eighteen years shall drive a motor vehicle in any public place: Provided that 19[a motor cycle with engine capacity not exceeding 50cc] may be driven in a public place by a person after attaining the age of sixteen years. (2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place. (3) No learner’s licence or driving licence shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section. Responsibility of owners of motor vehicles for contravention of sections 3 and 4. 5. No owner or person-in-charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle. Restrictions on the holding of driving licences. 6. (1) No person shall, while he holds any driving licence for the time being in force, hold any other driving licence except a learner’s licence or a driving licence issued in accordance with the provisions of section 18 or a document authorising, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle. (2) No holder of a driving licence or a learner’s licence shall permit it to be used by any other person.
18. Substituted for “a motor cab” by the Motor Vehicles (Amendment) Act, 1994, w.e.f. 14-11-1994. 19. Substituted for “a motor cycle without gear”, ibid.
MOTOR VEHICLES ACT 1988 – BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :
Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789371267625 268 Paperback
Rs. 325 DESCRIPTION Motor Vehicles Act 1988 [Bare Act with Section Notes] by Taxmann is a reliable statutory compilation of India's key legislation on road transport, vehicle regulation, traffic control, and road safety. The 2026 Edition provides the complete, updated text of the Act with concise section-wise notes, incorporating all amendments, schedules, and allied provisions. It covers modern regulatory aspects such as licensing, permits, insurance, vehicle registration, penalties, safety standards, the National Register of Motor Vehicles, and aggregator guidelines, making it an essential reference for transport law. This book is intended for the following audience: • Legal Professionals & Practitioners • Transport Companies & Fleet Operators • Regulatory Authorities & Law Enforcement Agencies • Policy Makers & Government Officials • Academicians, Students & Researchers The Present Publication is the 2026 Edition, covering the amended and updated text of the Motor Vehicles Act [Act No. 59 of 1988], with the following noteworthy features: • [Complete & Updated Text] All provisions of the principal Act, as amended up to date • [Section Notes] Concise explanations for clarity and practical use • [Pre-amendment Provisions] Text of provisions before amendments for historical context • [Allied Provisions] Including: o E-Cart & E-Rickshaw rules o Promotion of Innovation (Section 2B) o National Registers of Driving Licences & Motor Vehicles o Road Safety Councils & National Road Safety Board o Aggregator and digital transport service regulations • [State Amendments] Specific provisions applicable in various states • [Penalty Provisions] Complete coverage of offences, fines, and enforcement • [Interplay with Other Laws] Links with insurance, environmental, and safety laws
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