Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 12, Rule 13 and Rule 14

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES
 Rule 12, Rule 13,  and Rule 14

13. Form of learner’s license,- Every learner’s license issued by the licensing authority shall be in form 3.

Driving license

 14. Application for driving license,- (1) An application for a driving license shall be made in form 4 and shall be accompanied by-

(a)    an effective learner’s license to drive the vehicle  of the type to which the application relates;

(b)   appropriate fee as specified in Rule 32, for the test of competence to drive and issue of license;

(c)    three copies of the applicant’s recent passport size photograph;

(d)   save as otherwise provided in Rule 6, a medical certificate in form 1A;

(e)   a driving certificate in form 5 issued by the school or establishment from where the applicant received instruction, if any.

  (2) An application for an International Driving permit shall be made in form 4 A and shall be accompanied by-

(a) valid driving license issued by the licensing authority under these rules;

(b) appropriate fee as specified in rule 32;

© three copies of the applicant’s recent passport size photograph

(a)    a  medical certificate in form 1 A;

(b)   valid proof of Indian Nationals;

(c)    valid proof of passport, and

(d)   valid proof visa, wherever applicable.

15. Driving test,-  (1) No person shall appear for the test of competence to drive unless he has held a learner’s license for a period of at least thirty days.

 (2) The test of competence to drive referred to in sub-section (3) of section 9 shall be conducted by the licensing authority or other such persons as may be authorized in this behalf by the State Government in a vehicle of the type to which the application relates.

 (3) The applicant shall satisfy the person conducting the test that he is able to –

(a)    adjust the rear view mirror;

(b)   Take suitable precautions before starting the engine;

(c)    move away safely and smoothly straight ahead at an angle, while at the same time engaging all gears until the top gear is reached;

(d)   to change to the lower gears quickly from the  top gear when the  traffic conditions warrant such change;

(e)   change quickly to lower gears when driving downhill;

(f)     stop and re-start the vehicle on a steep upward incline making proper use of the hand brake or of the throttle and the foot-brake without any rolling back, turn right and left corners correctly and make use of the rear view mirror before signaling;

(g)    overtake, allow to be overtaken, meet or cover the path of other vehicles safely and take an appropriate course of the road with proper caution giving appropriate signals;

(h)   give appropriate traffic signals at the appropriate time, in clear and unmistakable by hand or by electrical indicators fitted to the vehicle;

(i)      change the lanes with proper signal and with due care;

(j)     stop the vehicle in an emergency or otherwise, and in the latter case, bring it to rest at an appropriate course on the rod safely, giving appropriate signals;

(k)    in the case of vehicle having reverse gear, driving the vehicle backwards, reverse it into limited opening either to the left or right under control and with reasonable accuracy.

(l)      cause the vehicle to face in the opposite direction by means of forward and reverse gears;

(m) take correct and prompt action on the signals given by traffic signs, traffic lights, traffic controllers, policemen and take appropriate action on signs given by other road users;

(n)   act correctly at pedestrian crossing, which are not regulated by traffic lights and by traffic police, by giving preference to persons crossing the roads;

(o)   keep well to the left in formal driving;

(p)   regulate speed to suit varying road and  traffic conditions;

(q)   demonstrate general control of the vehicle b confident steering and smooth gear changing and breakings and when necessary.

(r)     Make proper use of the rear view mirror before signaling, beginning maneuvering, moving away, altering the course to overtake, turning right or stopping;

(s)    use the proper side when driving straight, turning right, turning left and at junction of the road;

(t)     make proper use of accelerator, clutch, gears, brakes (hand and foot) steering an horn;

(u)   anticipate the actions of pedestrians, drivers of other vehicles and cyclists;

(v)    take precautions at cross roads and on road junctions  with regard to –

(e)   adjustment of speed on approach,

              (ii) proper use of rear-view mirror,

             (iii) correct positioning of the vehicle before and after turning to the right or left,

(iv) avoidance of cutting right hand corners,

              (v)looking right, left and right again before crossing or emerging,

     (w)  concentrate in driving without his attention being distracted and to demonstrate the

                   presence of mind;

(w)  show courtesy and consideration for the safety  and convenience of other road users, such as pedestrians, drivers of other motor vehicles or cyclists.

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 11, Rule 1 and Rule 12

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES
 Rule 10, Rule 11,  and Rule 12

Learner’ license

10. Application for learner’s license,- An application for the grant of or renewal of learner’s license shall be made in Form 2 and shall be accompanied by,-

                (a) save as otherwise provided in Rule 6,  a medical certificate in form 1A

                (b) three copies of the applicant’s recent passport size photograph.

                © appropriate fee as specified in Rule 32.

                (d) in the case of an application for transport vehicle, the driving license held by the applicant.

11. Preliminary test,- (1) Save as otherwise provided in sub-rule (2), every applicant for a learners license shall present himself before the licensing authority on such date, place and time as the licensing authority may appoint, for a test and satisfy that the applicant possesses adequate knowledge and understanding of the following matter namely,-

(a) the traffic signs, traffic signals and the rules of the road regulations made under section 118;

(b) the duties of a driver when his vehicle is involved in an accident resulting in the death or bodily injury  

       to a person or damage to property of a third party.

© the precautions to be taken while passing an unmanned railway crossing; and

(d) the documents he should carry with him while driving a motor vehicle.

[(1A) In determining as to whether an applicant possesses adequate knowledge and understanding of the matters referred  to in  sub-rule (1), the licensing authority shall put to the applicant questions of objective type such as specified in Annexure VI.

                Explanation:- For the purpose of this sub-rule,  ‘adequate knowledge’ means answering correctly at least 60 percent of the questions put to him.]

  (2) Nothing contained in sub-rule (1) shall apply to the following class of applicants, namely,-

(a)    the holder of an effective driving license,

(b)   the holder of a driving license which has expired but  five years have not elapsed,

(c)    the holder of a learner’s license issued or renewed after the commencement of these rules,

(d)   the holder a certificate to the effect of the possession of adequate knowledge and understanding of the matters referred to in sub-rule (1), issued by the State Government.]

12. Consent of parent of guardian in the case of application by minor,-  In the case of an application for learner’s license to drive a motor cycle without gear by an applicant under the provisions of sub-section (1) of section 4, the application shall be signed by the parent or guardian of the applicant.

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 7, Rule 8 and Rule 9

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES
 Rule 7, Rule 8,  and Rule 9

      7. Affixing of photograph to  medical certificate,- A photograph of the application shall be affixed a the appropriate place shown in Form 1 A and the registered medical practitioner shall affix his signature and seal to the said photograph in such a manner that the signature and the seal appear partly on the photograph and partly on the form of the medical certificate.

8. [Omitted]

              9.(1) Educational qualification for drivers of goods carriages carrying dangerous or hazardous good,-  (1) One year from the date of commencement of Central Motor Vehicles(Amendment) Rules, 1993, any person driving a goods carriage carrying good of dangerous or hazardous nature to human life shall, in addition to being the holder of a driving license to drive a transport vehicle, also has the ability to read and write at least one Indian  language out of those [ Specified in the VIII schedule of the Constitution] and English and also possesses a certificate of having successfully passed a course consisting of following syllabus and periodici and also possesses a certificate of having successfully passed a course consisting of following syllabus and periodicity connected with the transport  of such goods.

Period of training Place of training	3 days At any institute recongnised by the State Government
Syllabus A  Defensive driving      Questionnaire      Cause of accidents      Accidents Statistics      Driver’s personal fitness      Car conditions    Braking distance    Highway driving    Road/Pedestrian crossing    Railway crossing    Adapting to weather    Head on collision    Rear end collision    Night driving    Films and discussion               B.    Advanced driving skills and training Cussion     (i) Discussion Before stating During driving Before sopping After stopping             Night driving (ii) field test training	Duration of training for A & B 1st and 2nd day Check list outside/below/ near vehicle product side inside vehicle correct speed/gear signaling lane control overtaking/ giving side speed limit/safe distance driving on slopes safe stopping place, signaling, road width, condition preventing vehicle movement wheel chocks vehicle attendance mandatory lighting requirements head lamp alignment  use of dipped beam one driver at a time
c.  Produce safety      UN panel     Product information      Emergency procedure	UN classification                                 Duration Hazchem code                                     of training Toxicity                                                 for ©  Flammability                                       3rd day  Other definitions  Tremcards  CIS/MSDS  Importance of temperature  Pressure level  Explosive limits  Knowledge about equipment  Communiction  Spillage handing   Use of PPE   Fire fighting   First Aid   Toxic release control   Protection of wells, rivers, lakes etc.   Use of protective equipment   Knowledge about valves etc.

.

(2)The holder of a driving license possessing the minimum educational qualification or the certificate referred in sub-rule (1), shall make the application in writing on a plain paper along with his driving license and the relevant certificate to the licensing authority in whose jurisdiction he resides for making necessary entries in his driving license and if the driving license is in form 7, the application shall be accompanied be the fee as it is referred to in Sl No 8 of the Tables to Rule 32.

 (3) The licensing authority, on receipt of the application referred to in sub-rule (2), shall make an endorsement in the driving license of the applicant to the effect that he is authorized to drive a goods carriage carrying goods of dangerous of hazardous nature to human life.

(4) A licensing authority other than the original licensing authority making any such endorsement shall communicate the fact to the original licensing authority.

Central Motor Vehicle Rules, 1989 - CHAPTER II - LICENSING OF DRIVERS OF MOTOR VEHICLES - Rule 3, Rule 4, Rue 5 and Rule 6

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES
 Rule 3,Rule 4, Rule 5 and Rule 6

3. General,- The provisions of sub-section (I) of section 3 shall not apply to a person while receiving instructions or gaining experience in driving with the object of presenting himself for a test of competence to drive, so long as,-

  (a) is the holder of an affective learner’s license issued to him in form 3 to drive the vehicle;

 (b) such a person is accompanied by an instructor holding an effective driving license to drive the vehicle and such instructor is sitting in such a position as to control or stop the vehicle; and

 © there is painted, in front and rear of ht vehicle or on a plate or card affixed to the front and rear, the letter ‘L’ in red on a white background  as under

Note:- The painting in the vehicle or on the plate or card shall not be less than 18 centimeters square and the letter ‘L’, shall not be less than 10 cms high, 2cms thick and 9 cms wide at the bottam.

Provided that a person, while receiving instructions or gaining experience in driving a motor cycle ( with or without a side car attached), shall not carry any other person on the motor cycle except for the purpose and in the manner referred to in clause (b).

 4. Evidence as to correctness of evidence and age,- Every applicant for the issue of  a license under this Chapter shall produce as evidence of his address and age, one or more of the following documents in original or relevant extracts thereof duly attested by a Gazetted officer of the Central Government or a State Government of an officer of a local body who is equivalent in rank of a Gazetted Officer of the Government or village Administration Officer or Municipal  Corporation Councilor of Panchayath President namely,-

1. Ration Card

2. Electoral Rall

3. Life Insurance Policy

4. Passport

5. [Omitted]

6. Pay Slip by any office of the Central Government or a State Government of a local body.

7. [Omitted]

8. School Certificate

9. Birth Certificate

10. Certificate granted by a registered medical practitioner not below the  rank of a Civil Surgeon, as to the age of the applicant.

Provided that where the applicant in not able to produce any of the above mentioned documents for sufficient reason, the licensing authority may accept any affidavit sworn by the applicant before an Executive Magistrate or Notary Public as evidence of age and address.

  5. Medical certificate,- (1) Every application for the issue of a learner’s license, or driving license or for making addition of  anther class of description of a motor vehicle to a driving license or for renewal of driving license to drive a motor vehicle other than a transport vehicle shall be accompanied by a self declaration as to the physical fitness in Form  1 and every such application for license to drive  a transport vehicle shall be accompanied by a medical certificate in form 1 A issued by a registered medical practitioner referred to in sub-section (3) of section 8.

  (2) An application for  medical certificate shall contain  a declaration in form  1.

  (3) A medical certificate issued in From 1 A shall be valid for a period of one year from the date of its issue.  It shall be accompanied by a passport size copy of the photograph of the applicant.]

    6. Exemption from  production of medical certificate,- (1)  Any person who has, after the date of commencement of these rules, produced a medical certificate in connection with the obtaining of  a learner’s license or a driving license, whether for initial issuance or for renewal thereof, or for addition of another class of motor vehicle to his driving license, shall not be required to produce a medical certificate except where the application is made for the renewal of a driving license.

Central Motor Vehicle Rules, 1989 - CHAPTER I PRELIMINARY - Rule 1 and Rule 2

CHAPTER I

PRELIMINARY
 Rule 1 and Rule 2

1.       Short title and commencement,- (1)  These rules may be called as the Central Motor Vehicle Rules,  1989.

(2) Save as otherwise provided in sub-rule (3) and sub-rule (2) of rule 103, these rules shall come into force on the 1^st day of July 1989.

(3) The provisions of Rule 9, sub-rule (3) of Rule 16, sub-rule (4) of Rule 96, sub-rule (3) of Rule 105, Rule 113,  sub-rule (2), (3), (4)or (5) of Rule 115, Rule 118, 122, 124, 125, 126 and  127 shall come into force on such  date as the Central Government may by notification in the Official Gazette appoint.

    2.  Definitions,- In these rules,  unless the context otherwise require,-

            (a) “Act” means the Motor Vehicle Act, 1988 (59 of 1988);

           (b) “Agricultural tractor” means a mechanically propelled 4-wheel vehicle designed to work with suitable implements for various field operations and/or trailers to transport agricultural materials.  Agricultural tractor is a non-transport vehicle.

         © “Agricultural trailer” means a trailer generally left uncovered with single/double axle constructions which is coupled to an Agricultural tractor by means of two hooks and predominantly used for transporting agricultural materials.

         (ca) “construction equipment vehicle” means rubber tyred, (including pneumatic tyred)rubber padded or steel drum wheel mounted, self propelled, excavator, loader, backhoe, compactor roller, dumper, motor grader, mobile crane, dozer, fork lift truck, self-loading concrete mixer or any other construction equipment vehicle or combination thereof designed for highway operation in mining, industrial undertaking, irrigation and general construction but modified and manufactured with ‘on or off’ or ‘on and of’ highway capabilities.

Explanaton:- A construction equipment vehicle shall be a non-transport vehicle the driving on the road of which is incidental to the main  off-highway function, and for a short duration at a speed not exceeding 50 km per hour, but such vehicle does not include other purely off-highway construction equipment vehicle designed and adapted for use in  any enclosed premises, factory  or mine other than road network, not equipped to travel on public roads on their own power.

     (d) “financier” means a person or a title holder-cum-dealer who lets a motor vehicle on hire under an agreement of hire purchase or lease or hypothecation to the operator with a permission to get it  registered in operator’s name as registered owner;

(e) “ Form” means  Form appended to these rules;

(f) “section’ means section of this Act;

(g) “trade certificate” means a certificate issued by the registering authority under Rule 35;

(h) “non-transport vehicle” a motor vehicle which is not a transport vehicle;

 (i) “Category L1” means a motor cycle as defined in sub-section (27) of section 2 of the Act, with maximum design speed not exceeding 45 km/hour and engine capacity not exceeding 50 cc , if fitted with a thermic engine:

(j) “ Category L2” means a motor cycle as defined in sub-section (27) of section 2 of the Act, with a maximum designs speed exceeding 45 km/hour and engine capacity exceeding 50 cc, fitted with a thermic engine;

(k) “ Category M” means a motor vehicle with at least four wheels and used for carriage of passenger and their luggage;

(l) “ Category M1”  means a motor vehicle used for the carriage of passengers and their luggage and comprising no more than eight seats in addition to the driver’s seat.

(m) “ Category M2” means a motor vehicle used for the carriage of passengers and their luggage and comprising no more than eight seats in addition to the driver’s seat and having a maximum mass not exceeding 5 tonnes;

(n) “ Category M3” means a motor vehicle used for the carriage of passengers and their luggage and comprising of more than eight seats in addition to the driver’s seat and having a maximum mass exceeding 5 tonnes;

(o) “Category N” means a  motor vehicle of at least four wheels and used for the carriage of goods;

(p) “ Category N 1” means  a motor vehicle of at least four wheels and used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

(q) “ Category N2” means a motor vehicle of at least four wheels and used for the carriage of good and having a maximum mass exceeding 3.2 tonnes and not exceeding 12 tonnes;

(r) “ Category N3” means a motor vehicle of at least four wheels and used for the carriage of goods and having a maximum mass exceeding 12 tonnes;

(s) “Smart card” means a device capable of storing data and executing command which is a microprocessor  chip mounted on a plastic card and the dimensions of the card and the chip are specified in the International Organization for Standardization (ISO),  International Electro Technical commission (IEC) 7816 specifications, as may be amended from time to time, and shall be as per the specification specified in Annexure XI

Explanation:- For the purpose of this clause, microprocessor chip shall have non-volatile re writable memory capacity of  minimum 4  Kilo Byte consisting of application data, file headers,  security definitions, and a maximum of 350 bytes for Operating System Interfacing as specified by the Ministry of Road Transports and Highways from time to time for Driving License and Registration Certificate applications.

(t) “International Driving Permit” means the  license issued by  a licensing authority in India under Chapter II of the Act to Indian National authorizing the person specified therein to drive any categories of motor vehicles as specified in from 6 A in the areas or territories of countries other  than India but excluding the countries with whom there are no diplomatic relations.

Motor Vehicles Act, 1988 - CHAPTER XIV MISCELLANEOUS - section 216, section 217 and section 2127-A

CHAPTER XIV

MISCELLANEOUS
 section 216, section 217 and section 217-A

    216.  Power to remove difficulties,-  (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

  Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.

  (2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of parliament.

    217.  Repeal and savings,-  (1) The Motor Vehicle Act, 1939 ( 4 of 1939) and any law corresponding to that in force in State immediately before the commencement of this Act in that State (hereafter in this section referred to as the repealed enactment:-

  (2) Notwithstanding the repeal by sub-section (1) of the repealed enactments:-

                (a) any notification, rule, regulation, order or notice issued, or any appointment or declaration made, or exemption granted, or any confiscation made, or any penalty or fine imposed, any forfeiture, cancellation or any other thing done  or any other action taken under the repealed enactments, and in force immediately before such commencement shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been issued, made, granted, done, or taken under the corresponding provisions of this Act;

                (b) any certificate of fitness or registration or license or permit issued or granted under the repealed enactment shall continue to have effect after such commencement under this same conditions and for the same period as if this aAct has not been passed;

                © any document referring to any of the repealed enactments for the provisions thereof, shall be construed as referring to his Act or to the corresponding provisions of this Act;

                (d)  the assignment of distinguishing marks by  the registering authority and the manner of display on motor vehicle in accordance with the provisions of the repealed enactment shall, after the commencement of this Act, continue to remain in force until a notification under sub-section (6) of section 41 of this Act is issued:

                (e)  any scheme made under section 68 C of the Motor Vehicle Act, 1939(4 of 1939) or under the corresponding law, if any, in force in any State and pending immediately before the commencement of this Act shall be disposed  of in accordance with the provisions of section 100 of this Act;

                (f) the permits issued under sub-section (1-A) of section 68-F of the Motor Vehicles Act, 1939 (4 of 1939) or under the corresponding provision,, if any, in force in any State immediately before the commencement of this Act shall continue to remain in force until the approved scheme under Chapter VI of this Act is published.

  (3) Any penalty payable under any of the repealed enactments may be recovered in the manner provided by or under this Act, but without prejudice to any action already taken for the recovery of such penalty under the repealed enactments.

  (4) The mention of particular matter in this section shall not prejudice of affect the general application of section 6 of General Clauses Act, 1897 ( 10 of 1897) with regard to the effect of repeals.

      217-A.  Renewal of permit, license and registratrion granted under Motor Vehicle Act, 1939,-  Notwithstanding the  repeal by sub-section(1) of section 217 of the enactments referred to in sub-section, any certificate of fitness or registration or license or permit issued or granted under the said enactments may be renewed under this Act.

Motor Vehicles Act, 1988 - CHAPTER XIV MISCELLANEOUS - section 211 and section 212

CHAPTER XIV

MISCELLANEOUS
 section 211 and section 212

211, Power to levy fee,- Any rule which the Central Government or the State Government is empowered to make under this Act may, notwithstanding the absence of any express provision to that effect, provide for the levy of such fees in respect of applications , amendment of documents, issue of licenses, permits, tests, endorsements, , badges, plates, counter signatures, authorization, supply of statistics or copies of documents or  orders and for any other purpose of matter involving the rendering of any service by the officers or authorities under this Act or any rule made thereunder as may be considered necessary.

  Provided that the Government may, if it considers necessary so to do, in the public  interest, by general or special order, exempt any class of persons form the payment of any such fee either in part or in full.

  212, Publication, commencement and laying of rules and notifications,- (1) The power to make rules under this Act is subject to the  condition of the rules being made after previous publication.

  (2) All the rules made under this Act shall be published in the Official Gazette, and shall unless some later date is appointed, come into  force on the date of such publication.

  (3)  Every rule made by any State Government shall be laid, as soon as may be after it is made, before the State Legislature.

  (4)  Every rule made by the Central Government under this Act, every schedule made by the Central Government under sub-section (1) of section 75 and under sub-section (1) of section 163, and every notification issued by Central Government under sub-section (4) of section 41, sub-section (1) of section 58, sub-section of section 59 the proviso to sub-section (1) of section 112, sub-section (3) of section 163 A and sub-section (4) of section 213 shall be laid, as soon as may be after it is made, before each House of the Parliament while it is in session for  a total period of thirty days which may be comprised in one session or two or more successive sessions, and, if before the expiry of the session immediately following  the session or successive sessions aforesaid, both Houses agree in making any modifications in the rule, scheme or notification or both Houses agree that the rule of the scheme should not be made or the notification should not be issued , the rule, the notification or the scheme thereafter have effect only in such modified form or be of no effect, as the case may be, ; so, however, that any such modification or annulment shall be without prejudice in the validly of anything previously done under that rule, scheme or notification..

Motor Vehicles Act, 1988 - CHAPTER XIV MISCELLANEOUS - section 223 and section 214

CHAPTER XIV

MISCELLANEOUS
 section 213 and section 214

  213. Appointment of motor vehicle officers,- (1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicle Department and appoint as Officers thereof  such persons as it thinks fit.

  (2) Every such officer shall be deemed to be a public servant within the meaning of Indian Penal Code, 1860 ( 45  of 1860).

  (3)  The state Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate,  the duties to be performed by them,  the powers (including the powers exercisable by police officers  under this Act ) to be exercised by them, and the conditions governing the exercise of such powers.             

  (4) The Central Government may, having regard to the  objects of this Act, by notification in the Official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall posses for being appointed as such.

  (5)  In addition to the powers that may be conferred on any such officer of Motor Vehicle Department under sub-section (3), such officer as may be empowered by the State Government in this behalf shall also have the  power to,-

  (a)  make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules made thereunder are being observed;

  (b) with such assistance, if any, as the thinks fit, enter, inspect and search any premises which is in the occupation of a person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of which such offence has been committed is kept:

                Provided that,-

(i)                  Any such search without a warrant shall be made only by an officer of the rank of a Gazetted Officer;

(ii)                Where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;

(iii)               Where the search is made without a warrant, the Gazetted Officer concerned shall record in writing and report to his immediate superior that such search has been made;

    © Examine any person and require the production of any register or document maintained in pursuance of this Act, and take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purpose of this Act;

  (d) seize or take copies of any register or document or portion thereof as he may consider relevant in respect of an offence  under this Act which he has reason to believe has been committed;

  (e)  launch prosecutions in respect of offense under this Act and to take a bond or ensuring the attendance of the offender before any Court;

  (f)  exercise such other powers as may be prescribed:

           Provided that no person shall be compelled under this sub-section to answer any question or

           make any statement tending to incriminate himself.

   (6) The provisions of the Code of Criminal Code procedure, 1972, (2 of 1974) shall, so far as may       

         be, apply to any search or seizure under the authority of any warrant issued under section 94 of the

         Code.

  214.  Effect of appeal and revision on orders passed by original authority,-  (1) Where an appeal has been preferred or an application for revision has been made against any orders passed by an orginal authority under this Act, the appeal or application for revision shall not operate as a stay of the order passed by original authority and such stay order shall remain in force pending the disposal of the appeal or the application for revision,  as the case may be, unless the prescribed  authority or  revisional  authority otherwise directs.

  (2)  Not withstanding anything contained in sub-section (1), if an application made by a person for the  renewal of permit has been rejected by the original authority and such person has preferred an  appeal or made an application for revision under this Act against such rejection, the appellate authority or, as the case may be the revisional authority may by order direct that the permit shall, not withstanding  the expiration of the term specified therein, continue to be valid until the appeal or application for revision is disposed of,

  (3) No order made by a competent authority under this Act shall be revised or altered on appeal or revision on account of any error, omission or irregularity in the proceeding, unless it appears to the prescribed appellate  authority, as the case may be, that such error, omission, or irregularity , has, in fact, occasioned a failure of justice.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 209 and section 210

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 209 and section 210

  209. Restrictions on conviction, - No person prosecuted for an offense punishable under section 181 of section 184 shall be convicted unless-

(a)     he was warned at the time the offence was committed that the question of prosecuting him  would be taken into consideration, or

(b)   within fourteen days from the commission of the offence, a notice specifying the nature of the offense  and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of commission of the offense, or

(c)    within twenty eight days of the  commission of the offense, a summons for the offence was served on him.

  Provided that nothing in this section shall apply where the Court is satisfied that-

(a)    the failure to serve the notice referred to in this sub-section was due to the fact neither the name and address of the accused or the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or

(b)   such  failure was brought  about by the conduct of the accused.

  210. Courts to sent intimation about conviction, - Every Court by which any person holding a driving license is convicted of an offence under this Act of an offence in the commission of which a motor vehicle was used, shall send intimation to-

(a)    licensing authority which issued the driving license, and

(b)   he licensing authority by whom the license was last  renewed

and every such intimation shall state the name and address of the holder of the  license, the license number, he date of issue and renewal of the same, the nature of the offense, the punishment awarded for the same and such other particulars as may be prescribed.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 208 and section 209

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 209 and section 210

  208. Summary disposal of cases, - (1) The Court taking cognizance of any offence (other than an officer which the Central Government may, by rules specify in this behalf)  under this Act,-

   (I) may, if the offence is an offence punishable with imprisonment under this Act, and

  (ii) shall, in any other case

state upon the summons to be served on the accused person that he-

(a)    may appear through pleader or in person, or

(b)   may, by a specified date prior to the hearing of the charges, plead guilty to the charge and remit to the Court, by  money order, such sum ( not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of quilt indicated in the money order coupon itself.

  Provided that the court shall, in the case of any of the offences referred to in  sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving license to the Court with his letter containing such plea.

  (2) where the offence dealt with in accordance with sub-section (1) is an offense specified by the Central Government by rules for the purpose of this sub-section , the Court shall, if the accused person pleads guilty to the charge and forward his driving license to the Court with the letter containing his plea, make an endorsement of such conviction on his driving license.

  (3) where an accused person pleads guilty  and remits the sum specified and has complied with the provisions of sub-sections (1) and (2), no further proceedings in respect of the offense shall be taken against him or nor shall be liable, notwithstanding anything to the contrary contained in this Act, be be disqualified for holding or obtaining a license by reason of his having pleaded guilty.

  209. Restrictions on conviction, - No person prosecuted for an offense punishable under section 181 of section 184 shall be convicted unless-

(a)     he was warned at the time the offence was committed that the question of prosecuting him  would be taken into consideration, or

(b)   within fourteen days from the commission of the offence, a notice specifying the nature of the offense  and the time and place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of commission of the offense, or

(c)    within twenty eight days of the  commission of the offense, a summons for the offence was served on him.

  Provided that nothing in this section shall apply where the Court is satisfied that-

(a)    the failure to serve the notice referred to in this sub-section was due to the fact neither the name and address of the accused or the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time, or

(b)   such  failure was brought  about by the conduct of the accused.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 207 and section 208

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 207 and section 208

207. Power of police officer to impound document, - (1) Any police office or other person  authorized in this behalf by the State Government may, if he has reason  to believe  that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4 or section 39 or without the permit   required sub-section (1) of section39 or in contravention of the condition of such permit relating to the route on  which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle.

  Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof.

  (2) Where a motor vehicle has been seized and detained under sub-section (1), the owner of person in charge of  the motor vehicle may apply to the Transport Authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such Authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the Authority or officer may deem fit to impose.

  208. Summary disposal of cases, - (1) The Court taking cognizance of any offence (other than an officer which the Central Government may, by rules specify in this behalf)  under this Act,-

   (I) may, if the offence is an offence punishable with imprisonment under this Act, and

  (ii) shall, in any other case

state upon the summons to be served on the accused person that he-

(a)    may appear through pleader or in person, or

(b)   may, by a specified date prior to the hearing of the charges, plead guilty to the charge and remit to the Court, by  money order, such sum ( not exceeding the maximum fine that may be imposed for the offence) as the Court may specify, and the plea of quilt indicated in the money order coupon itself.

  Provided that the court shall, in the case of any of the offences referred to in  sub-section (2), state upon the summons that the accused person, if he pleads guilty, shall so plead in the manner specified in clause (b) and shall forward his driving license to the Court with his letter containing such plea.

  (2) where the offence dealt with in accordance with sub-section (1) is an offense specified by the Central Government by rules for the purpose of this sub-section , the Court shall, if the accused person pleads guilty to the charge and forward his driving license to the Court with the letter containing his plea, make an endorsement of such conviction on his driving license.

  (3) where an accused person pleads guilty  and remits the sum specified and has complied with the provisions of sub-sections (1) and (2), no further proceedings in respect of the offense shall be taken against him or nor shall be liable, notwithstanding anything to the contrary contained in this Act, be be disqualified for holding or obtaining a license by reason of his having pleaded guilty.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 204,section 205, and section 206

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 204, section 205,  and section 206

  204. Laboratory test, -  (1) A person who has been arrested under section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such  police officer, a specimen of his blood for a laboratory test if,

(a)     It appears to the police officer that the device, by means of which breath test was taken in relation to such person indicates the presence of alcohol in the blood of such person; or

(b)   such person, when given the  opportunity to submit to a  breath test, has refused, omitted or failed to do so.

                Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner the specimen shall be taken only in the presence of a female whether a medical practitioner or not.

  (2)  A person while at hospital as an indoor patient may be required by a police officer to provide at the hospital  a specimen of his blood for a laboratory test,-

(a)    If it appears to the police officer that the device by means of which test is carried out in relation to the breath of such person indicates the presence of alcohol in the blood of such person; or

(b)   If the person having been required whether at the hospital or elsewhere to provide a specimen of breath for a breath test, has refused, omitted or failed to do so and a police officer has reasonable cause to suspect him of having alcohol in his blood:

Provided that a person shall not be required to provide a specimen of his blood for a laboratory test under this sub-section if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects of the provision of such specimen on the ground that its provision or the requirement to provide it would be prejudicial to the proper care or treatment of the patient.

  (3) The results of a laboratory test made in pursuance of this section shall admissible in evidence.

                Explanation: - For the purpose of this section “ laboratory test” means the analysis of a specimen of blood made at a laboratory established, maintained or recognized by the Central Government or a State Government.

  205. Presumption of unfitness to drive, -  IN any proceeding for an offence punishable under section 185 if is proved that the accused when requested by  a police officer at any time so to do, had refused, omitted or failed to consent to taking or providing a specimen of his breath for a breath test or a specimen of his blood for blood a laboratory test, his refusal, omission of failure may, unless reasonable caused thereof is shown, be presumed to be a circumstances supporting any evidence given on behalf of the defense, with respect  to his condition at that time.

  206. Power of police officer to impound document, - (1) A police officer or other person authorized in this behalf by the State Government  may if he has reason to believe that any identification mark carried on  a motor vehicle or any license, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document within the meaning of section 464 of Indian Penal Code 1860 ( 45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

  (2) Any police officer or other person authorized in this behalf be the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of summons, seize any license held by such driver and forward to the Court taking cognizance of the offence and the said Court shall on the first appearance of the driver before it return the license to him in exchange for temporary acknowledgement given under sub-section (3)

  (3) A police officer or other person authorized by the State Government in this behalf, is on an application given made to him is satisfied that the license cannot be or has not been returned to the holder thereof before the date specified in the acknowledgement for any reason for which the holder is not responsible, the Magistrate, police officer or other person, as the case may be, may extent the period of authorization to dive to such date as may be specified in the acknowledgement.