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.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 202, and section 203

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 199, section 202,  and section 203

      202. Power to arrest without warrant, -  (1)  A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under section 184 or section 185 or section 197:

  Provided that any person so arrested in connection with an offence punishable under section 185 shall, within two hours of  his arrest, be subjected to a medical examination referred to in sections 203 and 204 by a registered medical practitioner failing which he shall be released from the custody.

  (2)  A police officer in uniform may arrest without warrant any person who has committed an offence under this Act, if such person refuses to give his name and address.

  (3)  A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require, take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.

        203. Breath analysis, -  (1) A police officer in uniform or an officer of the Motor Vehicles department as may be authorized in this behalf by that Department, may require any person driving  or attempting to drive a motor vehicle in public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under section 185.

  Provided that requirement for breath test shall be made(unless it is made) as soon as reasonably practicable after the commissioning of such offence.

  (2) If a motor vehicle involved in an accident in public place and a police officer in uniform has any reasonable caused to suspect  that the person who was driving the vehicle at the time of the accident, had alcohol in his blood or that he was driving under the influence of a drug referred to in section 185, he may require the person so driving the motor vehicle to provide a specimen of his breath for a breath test,-

(a)    in the case of  a person who is at  hospital as an indoor patient, at the hospital.

(b)   In the case of any other person, either at or near the place where the requirement is made, or if the police officer thinks fit, at a police station specified by the police officer.

 Provided that a person shall not be required to provide such a specimen  while at hospital as an inpatient if the registered medical practitioner in immediate charge of his case is not first notified of the proposal to make the requirement or objects to the provision of a specimen on the ground that its provision or requirement to provide it would be prejudicial to the proper care or treatment of the patient.

  (3) If it appears to a police officer in uniform in consequence of a breath test carried out by him on any person under sub-section (1) or sub-section (2) that the device by means of which the test has been carried out indicates the presence of alcohol in the person’s blood, the police officer may  arrest that person without warrant except while that person is at a hospital as an indoor patient.

  (4) If a person, required by  a police officer under sub-section (1) or under sub-section (2) to provide a specimen of breath for a breath test, refuses or fails to do so and the police officer has reasonable cause to suspect him of having alcohol in his blood, the police officer may arrest him without warrant except while he is at a hospital as an indoor patient.

  (5) A person arrested under this section shall while at a police station, be given an opportunity to provide a specimen of breath for breath test there.

  (6) The results of breath test made in pursuance of the provisions of this section shall be admissible in evidence.

  Explanation:- For the  purposed of this section, “ breath test “ means a test for the purpose of obtaining an indication of the presence of alcohol in a person’s blood carried out on one or more specimens breath provided by that person by means of a device of a type approved by the Central Government by notification in the Official Gazette for the purpose of such a test

  

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 199, section 200, and section 201

HAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 199, section 200,  and section 201

      199. Offenses by companies, - (1) Where an offence under this Act has been committed by a company, every person who, at the time of the offence was committed, was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

  Provided that noting in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he excised all due diligence to prevent the commission of such offence.

  (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence, was committed with a consent of connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be  proceeded against and punished accordingly.

      200. Composition of certain offences, -  (1) Any offence whether committed before or after the commencement of this Act punishable under section 177, section 178, section 179, section 180, section 181, section 182, sub-section (1) or sub-section (2)  of section 183, section 184, section 186, section 189, sub-section (2) of section 190, section 191, section 192, section194, section 196 or section 198 may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette specify in this behalf.

  (2)  Where an offence has been compounded under sub-section (1) the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

        201. Penalty for causing obstructions to flow of traffic, -  (1) Whoever keeps a disabled vehicle on any public place, in such a manner, so as to caused impediment to the free flow of traffic, shall be liable for penalty up to fifty rupees per hour, so long as it remains in that position:

  Provided that the vehicle involved in accidents shall be liable to penalty only from the time of completion of inspection formalities under this law:

  Proved further that where the vehicle is removed by a Government agency, the towing charges shall be recovered from  the vehicle owner or person in charge of such vehicle.

  (2)  Penalties or towing charges under section shall be recovered by such officer or authority as the State Government may, by notification in the Official Gazette authorize.

 

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 194, section 195, section 196, , section 197 and section 198

HAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 194, section 195, section 196, section 197  and section 198

   193. Punishment of agents and canvassers without proper authority, -   Whoever canvasses himself as an agent of canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with a fine which may extent to one thousand rupees and for any second or subsequent offence with imprisonment with may extent to six months, or with fine which may extent to two thousand rupees, or with both.

   194. Driving vehicle exceeding permissible weight, -  (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or  section115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne excess of load, together with the liability to pay charges for off-loading the excess load.

  (2)  Any driver of a vehicle who refuses to stop and submit the vehicle to weighing after being directed to do so by an officer authorized in this behalf under section 114 or removes or causes to be removed of the load or part of it prior to weighing shall be punishable with fine which may extent to three thousand rupees.

   195. Impositions of minimum fine under certain circumstances, -  (1) Whoever having been convicted of an offence under this Act or the rules made thereunder commits a similar offence on a second or subsequent occasion within three years of the commission of the first offence, no Court shall, except fro reasons to be recorded in writing, impose him a fine less than one fourth of the maximum amount of fine imposable for that  offence.

  (2)  Noting in sub-section (1) shall be construed as restricting the power of the Court from awarding such imprisonment, as it considers necessary in the circumstances of the case not exceeding the maximum specified in  this Act in respect of that offence.

     196. Driving uninsured vehicle, -  Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extent to three months, or with fine which may extent to one thousand rupees, or with both.

    197. Taking vehicles without authority, - (1) Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extent to three months, or with both.

  Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor.

  (2)  Whoever, unlawfully by force or threat of force or by any other form of intimidation seizes or exercised control of a motor vehicle shall be punishable with imprisonment which may extent to three months, or with fine which may extent to five hundred rupees, or with both.

  (3)  Whoever, attempts to commit any of the acts referred to in sub-section (1) or sub-section (2) in relation to any motor vehicle, or abets the commission of any such act, shall also be deemed to have committed an offence under sub-section (1) Or, as the case may be, sub-section (2).

     198. Unauthorized interference with the vehicle, -  (1) Whoever otherwise than lawful authority or reasonable excuse enters or mounts any stationary vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with fine which may extent to one hundred rupees.

 

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 191, section 192, section 192 A and section 193

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 191, section 192, section 192 A and section 193

  192. Using vehicle without registration, -  (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 shall be punishable for the first offence with a fine which may extent to five thousand rupees but shall be not less than two thousand rupees for a second offence with imprisonment which may extent to one year or with fine which may extent to ten thousand rupees but shall not be less than five thousand rupees or with both.

  Provided that the Court may, for reasons to be recorded, impose a lesser punishment.

  (2) Nothing in this section shall apply to the use of a motor vehicle in any emergency for the conveyance persons suffering from sickness or injuries or for the transport of food or materials to relieve distress of medical for a like purpose.

   Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.

  (3) The Court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the Court below,  not withstanding that no appeal lies against the conviction in connection with which  such order was made.

  192 A.  Using vehicle without permit,-  (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or  the purpose for which the vehicle may be used, shall be punishable for the first offence with  a fine which may extent to five thousand rupees but shall not be less than two thousand rupees and for any subsequent offece with imprisonment which may extent to one year but shall not be less than three months or with fine which may extent to  then thousand rupees but shall not be less than five thousand rupees or with both:

  Provided that the Court may for reasons to be recorded, impose a lesser punishment.

  (2)  Nothing in this section shall apply to the  use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or medical supplies for a like purpose:

  Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.

  (3)  The Court to which an appeal lies from any conviction in respect of the nature specified in sub-section (1) may set aside or vary any order made by the Court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

   193. Punishemnt of agents and canvassers without proper authority, -   Whoever canvasses himself as an agent of canvasser in contravention of the provisions of section 93 or of any rules made thereunder shall be punishable for the first offence with a fine which may extent to one thousand rupees and for any second or subsequent offence with imprisonment with may extent to six months, or with fine which may extent to two thousand rupees, or with both.

   194. Driving vehicle exceeding permissible weight, -  (1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 113 or section 114 or  section115 shall be punishable with minimum fine of two thousand rupees and an additional amount of one thousand rupees per tonne excess of load, together with the liability to pay charges for off-loading the excess load.

  (2)  Any driver of a vehicle who refuses to stop and submit the vehicle to weighing after being directed to do so by an officer authorized in this behalf under section 114 or removes or causes to be removed of the load or part of it prior to weighing shall be punishable with fine which may extent to three thousand rupees.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 189, section 190 and section 191

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 189, section 190 and section 191

   

    189. Racing and trials of speed-, Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any king between motor vehicles in any public place shall be punishable with imprisonment for a term which may extent to one month, or with a fine which may extent to five hundred rupees or with both.

    190. Using vehicle in unsafe condition-,  (1) Any person who drives or  or allows to be driven in any public place a motor vehicle or trailer while  the vehicle of trailer has any defect, which such person knows  of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to the persons and vehicles using such places,  shall be punishable with a fine which may extent to two hundred and fifty rupees, or, if as a result of such defect and accident is caused causing bodily injury or damage to property, with imprisonment for a term  which may extent to three months, or with fine which may extent to one thousand rupees, or with both.

  (2)  Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air pollution, shall be punishable for the first offense with a fine of one thousand rupees and for any second or subsequent offence with a fine of two hundred rupees.

  (3)  Any person who drives or causes or allows to be driven,  in any public place a motor vehicle which violated the provisions of this Act or rules made thereunder relating to the carriage of goods which  are of  dangerous or hazardous nature to human life, shall be punishable for the first offence which may extent to three thousand rupees, or with imprisonment for a term which may extent to one year or with both, and for any second or subsequent offence with a fine which may extent to five thousand rupees, or with imprisonment for a term which may extent to three years or both.

   191. Sale of vehicle in or  alteration of vehicle to condition contravening this Act,-  (1) Whoever being an importer of or dealer in motor vehicle sells or deliver a motor vehicle or trailer in such condition that the use thereof in public place would be in contravention of Chapter VII or any rule made thereunder or alters the motor vehicle or trailer so as to render its condition such that its use in a public place would be in contravention of Chapter VII or any rule made thereunder shall be punishable with a fine which may extent to five hundred rupees:

  Provided that no  person shall be convicted under this section if he proves that he had reasonable cause to believe that the vehicle would not be used in  a public place until it had been put into a condition in which it might lawfully be so used.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 186, section 187 and section 188

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 186, section 187 and section 188

   185. Driving by a drunken person or a person under the influence of drugs-, Whoever, while driving, or attempting to drive a motor vehicle-

(a)    Has in his blood, alcohol, exceeding 30 mg, per 100 ml of blood detected in a test by a breath analyzer; or

(b)   Is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

(c)    shall be punishable for the first offence with imprisonment for a term which may extent to six months, or with a fine which may extent to two thousand rupees or with both, and for a second or subsequent offence, if committed within three years of commissioning of the previous offence, with imprisonment for a term which may extent to two years or with a fine which may extent to three thousand rupees, or with both.

Explanation:- For the purpose of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

     186. Driving when mentally of physically unfit to drive -, Whoever drives a motor vehicle in a public place when he is to his knowledge suffering from any disease of disability  calculated to cause the driving of the motor vehicle to be a source of danger to the public,shall be punishable for the first offence with fine which may extent to two hundred rupees and for a second or subsequent offence with fine which may extent to  five hundred rupees.

   187. Punishment for offences relating to accidens -, whoever fails to comply with the provisions o Clause © of sub-section (1) of section 133 or section 134 shall be punishable with imprisonment for a term which may extent to three months, or with fine which may extent five hundred rupees, or with both or, if having been previously convicted on and offence under this section he is again convicted of an offence under this section, with imprisonment for a term which may extent to six months or with fine which may extent to one thousand rupees, or with both.

   188. Punishment for abetment of certain offenses,- Whoever abets the commission of an offence under  section 184,  section 185 or section 186 shall be punishable with punishment provided for the offense.

    189. Racing and trials of speed-, Whoever without the written consent of the State Government permits or takes part in a race or trial of speed of any king between motor vehicles in any public place shall be punishable with imprisonment for a term which may extent to one month, or with a fine which may extent to five hundred rupees or with both.

    190. Using vehicle in unsafe condition-,  (1) Any person who drives or  or allows to be driven in any public place a motor vehicle or trailer while  the vehicle of trailer has any defect, which such person knows  of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to the persons and vehicles using such places,  shall be punishable with a fine which may extent to two hundred and fifty rupees, or, if as a result of such defect and accident is caused causing bodily injury or damage to property, with imprisonment for a term  which may extent to three months, or with fine which may extent to one thousand rupees, or with both.

  (2)  Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air pollution, shall be punishable for the first offense with a fine of one thousand rupees and for any second or subsequent offence with a fine of two hundred rupees.

  (3)  Any person who drives or causes or allows to be driven,  in any public place a motor vehicle which violated the provisions of this Act or rules made thereunder relating to the carriage of goods which  are of  dangerous or hazardous nature to human life, shall be punishable for the first offence which may extent to three thousand rupees, or with imprisonment for a term which may extent to one year or with both, and for any second or subsequent offence with a fine which may extent to five thousand rupees, or with imprisonment for a term which may extent to three years or both.

Motor Vehicles Act, 1988 - CHAPTER XIII OFFENESES, PENALTIES AND PROCEDURE - section 183, section 184 and section 185

CHAPTER XIII

OFFENESES, PENALTIES AND PROCEDURE
 section 183, section 184 and section 185

183. Driving at excessive speed etc,- (1) Whoever drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with a fine which may extent to four hundred rupees or, if  having been previously convicted of an offence under this section, with fine which may extent to one thousand rupees.

(2)  Whoever causes any person who was employed by him or is subject to his control in driving to drive a motor vehicle in contravention of the speed limit referred in section 112 shall be punishable with a fine which may extent to three hundred rupees, or, if having previously convicted of an offence under this sub-section, is again convicted of an offence under this sub-section with a fine which may extent to five hundred rupees.

  (3)  No person shall be convicted of an offence punishable under sub-section  (1) solely on evidence of one witness to the effect that in the opinion of the witness such person was driving at a speed which was unlawful, unless that opinion is shown to based on an estimate obtained by the  use of some mechanical device.

 (4) The publication of a time table under which,  or giving of any direction that, any journey or part of a journey to be completed within a specified time shall, if in the opinion of the Court is not practicable in the circumstances of the case for that journey or a part of a journey to be completed in the specified time without contravening the speed limits referred to in section 112 be prema facie  evidence that the  person who  published the time table or gave the direction has committed an offence punishable under sub-section (2).

184. Driving dangerously, - Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time  or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment  for a  term which may extent to six months, or with a fine which may extent to one thousand rupees, and for any second or subsequent offence  if committed within three years of the commission of the previous similar offence with  imprisonment for a term which may extent to two years on with a fine which may extent to two thousand rupees, or with both.

   185. Driving by a drunken person or a person under the influence of drugs-, whoever, while driving, or attempting to drive a motor vehicle-

(a)    Has in his blood, alcohol, exceeding 30 mg, per 100 ml of blood detected in a test by a breath analyzer; or

(b)   Is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

(c)    shall be punishable for the first offence with imprisonment for a term which may extent to six months, or with a fine which may extent to two thousand rupees or with both, and for a second or subsequent offence, if committed within three years of commissioning of the previous offence, with imprisonment for a term which may extent to two years or with a fine which may extent to three thousand rupees, or with both.

Explanation:- For the purpose of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.