Motor Vehicles Act,
1988
CHAPTER VII
CONSTUCTION, EQUIPMENT
AND MAINTANANCE OF MOTOR VEHICLES
109. General Provision regarding
construction and maintenance of vehicles,- (1) Every motor vehicle shall be so
constructed and so maintained as to be at all timed under the effective control
of the person driving the vehicle.
(2) Every motor vehicle shall be so constructed
as to have right hand steering control unless it is equipped with a mechanical
or electrical signaling device of a prescribed nature.
(3) if the Central Government is of the
opinion that it is necessary or expedient so to do, in public interest, it may
by order publish in the Official Gazette, notify that any article or process
used by a manufacturer shall conform to such standard as may be specified in
that order.
110. (1) The Central
Government may make rules regulating the construction, equipment and
maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely,-
(a) the width, height,
length and overhang of vehicles and of the loads carried;
(b) the size, nature, maximum retail price and
condition of tyres, including embossing thereon of
date
and year of manufacture, and the maximum load carrying capacity;
©
brakes and steering gear;
(d) the use of safety glasses including
prohibition of the use of tinted safety glasses;
(e) signaling appliances, lamps and reflectors;
(f) speed governers;
(g) the emission of smoke, visible vapour, sparks,
ashes, grit or oil;
(h) the reduction of noise emitted by or caused
by vehicles;
(i) the embossment of chassis number and engine
number and the date of manufacture;
(j) safety belts, handle bars of motor cycles,
auto-dippers and other equipments essential for
safety
of drivers, passengers and other road users;
(k) standards of the components used in eh
vehicle as inbuilt safety devices;
(l) provision for transportation of goods of
dangerous or hazardous nature to human life;
(m) standards for emission of air pollutants;
(n) installation of catalytic converters in the
class of vehicles to be prescribed;
(o) the placement of audio-visual or radio or
tape recorder type of devices in public service vehicles;
(p) warranty after sale of vehicle and norms
therefor;
Provided
that any rules relating to the matters dealing with the protection of
environment, so far as may be, shall be made after consultation with the
Ministry of the Government of India dealing with environment.
(2) Rules, may
be made under sub-section (1) governing the matters mentioned therein,
including the matter of ensuring the compliance of motor vehicles in respect of
such matters either generally in respect of motor vehicles or trailers or in
respect of motor vehicles or trailers of a particular class or in particular
circumstances.
(3) Notwithstanding anything contained in this
section,-
(a) the Central Government may
exempt any motor vehicle or any class or description of motor
vehicles form the provisions of this Chapter;
(b) a State Government may exempt
any motor vehicle or any class or description of motor vehicles from the rules
made under sub-section (1) subject to such conditions as may be prescribed by
the Central Government
111. Power of
State Government to make rules,- (1) A state Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and
trailers with respect to all matters other than specified in sub-rule (1) of
section 110.
(2) Without prejudice to the generality of the
foregoing power, rules may be made under this section governing all or any of
the following matters either generally in respect of motor vehicles or trailers
or in respect of a particular class of description or in particular
circumstances, namely,-
(a) seating arrangements in public service
vehicles and the protection of passengers against the
weather;
(b) prohibiting or
restricting the use of audible signals at certain times or in certain places;
© prohibiting the
carrying of appliances likely to cause annoyance or danger;
(d) the periodical
testing and inspection of vehicles by prescribed authorities and fees to be
charged
for such
test;
(e) the
particulars other than registration mark to be exhibited by vehicles and the
manner in which
they shall
be exhibited;
(f) the use of
trailers with motor vehicles; and
(g) omitted wef 14
-11-1994
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