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.