Motor Vehicle Act, 1988, CHAPTER I, PRELIMINARY, Kerala RTO

1.    Shot title, extent and commencement.-

(1) This Act may be called the Motor Vehicle Act,   1988l;

(2)It extends to the whole of India;

(3)  It shall come into force on such date as the Central Government, 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.

2. Definitions - In this Act unless the context otherwise requires,-

  (1)   “area” in relation to any provisions 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 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   motor vehicle has been duly registered in accordance with the provisions of Chapter IV;

  (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 license” means the license issued by a competent authority under Chapter III

          authorizing 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 the  holder of a permit in relation to such vehicle or any person authorized by him in this

        behalf on a  fixed or an agreed rate on 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-  

         (1)               a maxi cab; and

         (2)              a motor cab not withstanding that separate fares are charged for its passengers;

(8)  “dealer”  includes a person who is engaged –

             (a) in building bodies for attachment to chassis; or

             (b) in repair of motor vehicles ;or

             ©  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;

(10)  “driving license” means the license issued by a competent authority under Chapter II authorizing

 the person specified therein to drive, otherwise  than as a learner, 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 stalll 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;

(13)  “goods” includes live stock, 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

         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 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)  “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;

(19)  “learner’s license” means the license issued by a competent authority under Chapter II

         authorizing    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 license under Chapter II or, as the

        case may be, under 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 which, does not exceed 7,500

          kilograms;

(21 A) “manufacturer” means a person who is engaged in the manufacture of motor vehicles;

(22)  “maxi cab” means any motor vehicle constructed or adapted to carry more than six passengers,

           but   not more than twelve passengers, excluding the driver, for hire or reward;

(23)  “medium goods vehicle” means any goods carriage other than a light motor vehicle or a

          goods vehicle;

(24)  “medium passenger motor vehicle” means any public service vehicle or private service vehicle,

          educational institution bus other than a motor cycle, invalid carriage, light motor vehicle or heavy  

          passenger motor vehicle;

(25)  “motor cab” 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 invalid carriage;

(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 twenty five cubic centimeters;

(29)  “omnibus” means any motor vehicle constructed or adapted to carry more than six persons

         excluding the driver;

(30)  “owner” means a person in  whoes 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  hire purchase agreement. or an agreement of lease or an agreement of hypothecation,

        the person   in possession o the  vehicle under that agreement;

(31)  “permit” means a permit issued by a State or Regional Transport Authority prescribed in this

         behalf under this Act authorising the use of motor vehicle as a transport vehicle;

(32)  “prescribed” means prescribed by the 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 purpose;

(34)  “public place” means a road, street. 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” means any motor vehicle used or adapted to be used for the carriage of

         passengers for hire or reward, and includes a maxi cal, a motor cab, a 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;

(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;

(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 far stage of the journey;

(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 (34 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;

Explanation:-For the purpose of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

(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  devises 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 equipment 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;