CHAPTER VIII
CONTROL OF TRAFFIC
Section 112. section 113,section 114 and section 115
Section 112. section 113,section 114 and section 115
112. Limits of speed,- (1) No person shall drive a motor vehicle or
cause or allow a motor vehicle to be driven in any public place at a speed
exceeding the maximum speed fixed for the vehicle under this Act or under any
other law for the time being in force.
Provided
that such maximum speed shall in no case
shall exceed the maximum speed for any motor vehicle or class of vehicle or
description of motor vehicles fixed by the Central by notification in the
Official Gazette.
(2) The
State Government or any authority authorized in this behalf by the State
Government may, if satisfied that it is necessary to restrict the speed of
motor vehicles in the interest of public
safety or convenience of because of the nature of any road or building , by
notification in the Official Gazette, and by causing appropriate traffic signs
to be placed or erected under section 116 at suitable places, fix such maximum
speed limit or minimum speed limits as it thinks fit for motor vehicles or any
specified class of description of motor vehicles or for motor vehicles to which
a trailer is attached, either generally or in a particular area or on a
particular road or roads:
Provided
that nu such notification is necessary if any restriction under this section to
remain in force for not more than one month.
(3) Nothing in this section shall apply to any
vehicle registered under section 60 while it
is being used in in the execution of military maneuvers within the area
and during the period specified in the notification under sub-section (1) of
section 2 of the Maneuvers, Field Firing and Artillery practice Act, 1938 ( 5
of 1938).
113. Limits of weight and limitations on use,- (1) The State
Government may prescribe the conditions for the issue of permits to transport
vehicles by State of Regional Transport Authorities and may prohibit or
restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no
person shall drive or cause or allow to be driven in any
public place an motor vehicle which is
not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow
to be driven in any public place any motor vehicle or taier-
(a)
the unladen weight of which is exceeds the
unladen weight specified in the certificate of registration of the vehicle, or
(b)
the laden weight of which exceeds the gross
vehicle weight specified in the certificate of registration.
(4)
Where the driver or person in charge of a motor vehicle or trailer
driven in contravention of sub-section (2) or clause (a) of sub-section (3) is
not the owner, a Court may presume that the offence was committed with the
knowledge of or under the orders of the owner of the motor vehicle or trailer.
114. Power to have vehicle weighted,- (1) Any officer of the Motor
Vehicles Department authorized in this behalf by the State Government shall, if
he has reason to believe that a good vehicle or trailer is being used in
contravention of section 113, require the driver to convey the vehicle to a
weighing device, if any, within a distance of 10 kilometers from any point on
the forward route or within a distance of 20 kilometers from the destination of
the vehicle for weighment; and if on such weighment if the vehicle is found to
contravene in any matter to the provisions of
section 113 regarding weight, he may, by order in writing, direct the
driver to off-load the excess weight at his own risk and not to remove the
vehicle or trailer form that place until the laden weight had been reduced or the
vehicle or trailer has otherwise been dealt with so that it complies with
section 113 and on receipt of such notice, the driver shall comply with such
directions.
(2) Where the person authorized under
sub-section (1) makes the said order in writing, he shall also endorse the
relevant details of overloading on the good carriage permit and also intimate
the fact of such endorsement to the authority which issued the permit.
115. Power to restrict the use of
vehicles,- The State Government or any authority authorized in this
behalf by the State Government, if satisfied that it is necessary in the interest
of public safety and convenience, or because of the nature of any road or
bridge, may be notification I the official gazette, prohibit or restrict, subject to the exceptions and conditions as may specified in the
notification, the driving of motor vehicles or any specified class of description
of motor vehicle or the use of trailers either generally in a specified area or
on a specified road and when any such prohibition or restriction is imposed
shall cause appropriate traffic signs to
be placed or erected under section 116
at suitable places.
