Section 3: It is an offence to drive a vehicle without Driving License. |
Section 4:
Age limit for obtaining driving license - |
Two Wheelers below 50 CC -16 years
Other Motor Vehicles - 18 years
Transport Vehicle - 20 years |
Section 5: Owner not to allow any person to drive the vehicle without Driving Licence ( D.L ).
Example - If son/daughter is driving a vehicle owned by parent without D.L, parent can be
prosecuted, though the parent may not be present at the time of the offence. |
Section 19: The Regional Transport Officer (RTO) can disqualify persons from holding driving licence
or revoke the same if the person -
is a habitual criminal or habitual drunkard
is a habitual addict to any narcotic drug
or psychotropic
substance within the
meaning of the Narcotic Drugs and Psychotropic Substance Act, 1985 (61 of 1985)
is using or has used a motor vehicle in the
commission of a cognizable offence
has by his previous conduct as driver of a
motor
vehicle shown that his
driving is likely to be attended with danger to the public has committed any such act which is likely
to cause nuisance or danger to the
public. |
Section 20: On conviction of an offence under Motor Vehicles Act or an offence in the commission of
which a motor vehicle was used, the Court can disqualify the person concerned from holding
driving license apart from imposing any other punishment.
For the following offences,
disqualification is mandatory -
i) not stopping the vehicle when required
to do so by any Police Officer not below the rank of Police Sub-Inspector in uniform if
the vehicle is involved in a road accident (Section
132)
ii) not shifting the victim of the accident
in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner
(Section 134)
iii) not giving, on demand by a Police
Officer, any information required by him (Section 134)
iv) not reporting the occurrence of
accident to insurer (Section 134)
v) driving by a drunken person or by a
person under the influence of drugs (Section 185)
vi) driving dangerously (Section 184)
vii) racing and trials of speed (Section
189)
viii) using vehicle without registration
(Section 192) |
Section 21: If a person already convicted
once for dangerous driving under Section 184, again indulges in dangerous driving causing
death or grievous hurt and if a case is registered for the second offence, the driving
license of the person is automatically suspended for a maximum period of 6 months or till
disposal of the case in the Court. |
Section 22:
i) If a person is convicted for second time for dangerous driving under Section 184, the
Court can cancel the driving license
ii) If a person is convicted for the second
time for drunken driving under Section 185, the Court shall cancel the driving
license of
the person concerned |
Section 39: No person shall drive any motor vehicle and no owner shall cause or permit any vehicle to
be driven without proper registration and display of the registration mark. If a vehicle
is plying without proper registration, owner can be prosecuted though he/she may not be
present at the time of offence. |
Section 49: The change of address recorded in the Registration Certificate shall be reported within 30
days of any such change. |
Section 50: Transfer
of ownership should be reported within 14 days of the transfer if the vehicle is sold
within the State and 45 days if the vehicle is sold outside the State. |
Section 51: Ownership of a motor vehicle held under the hire purchase or lease or hypothecation
agreement cannot be transferred without a written consent of the person to whom the
vehicle is hypothecated. |
Section 52: No
owner of a vehicle shall so alter the vehicle that the particulars contained in the
Certificate of Registration are no longer accurate. Such alteration can be made only with
notice and prior approval of the Regional Transport Officer. |
Section 53: If a vehicle is not in a fit condition to be used on the public road or is being used for
hire without valid permit, the registration certificate can be suspended by the Regional
Transport Officer. |
Section 93: Only licensed persons to canvass and sell tickets for passenger transport vehicles. |
Section 115: In
the interest of public safety or convenience or because of the nature of any road or
bridge, movement of certain types of vehicles can be restricted or prohibited. If the
period of restriction is less than one month, no notification is necessary. |
Section
119: Every driver shall drive the vehicle in conformity with the traffic
sign boards and shall comply with all the directions given to him by any Police Officer
for the time being engaged in the regulation of traffic. |
Section 121: Signaling
by the driver regarding his intentions to stop or take a left or right turn is mandatory.
If he does not do so, the driver can be prosecuted. |
Section 122: Leaving a vehicle at rest on any public place in such a way as to cause or likely to cause
danger, obstruction or undue inconvenience to other road users is an offence. Such
vehicles can be towed away by Police and charged for towing as well as this offence. |
Section 123: Foot-board travelling and travelling on the top of the vehicle or bonnet is prohibited.
The driver or conductor can refuse to move such a vehicle. |
Section
127:
i) If a vehicle is left unattended on a public place for more than 10 hours or found
parked in a No Parking Zone, it can be ordered to be towed
away by a jurisdictional Police Officer in uniform
ii) If a vehicle is parked unattended in
such a manner as to create a traffic hazard, it can be immediately removed by towing as ordered by any jurisdictional
Police Officer
iii) The charges of towing away have to be
paid by the owner besides any other penalty |
Section
128: Carrying more than one pillion rider on a two-wheeler is an offence. |
Section
129: It is mandatory to wear a helmet of ISI standard while riding a motor
cycle in public place. However, the State Government can make rules as it may think fit.
There are decided cases in the Courts that any act aimed at doing good is not
violative of
any fundamental right. |
Section
130: The driver of a motor vehicle in any public place shall, on demand by
any Police Officer in uniform, produce his Driving License, Registration Certificate,
Insurance Certificate, Fitness Certificate and the Permit can be demanded in this manner
by Officers of Motor Vehicles Department only. |
Section
133: It is the duty of the owner of a Motor Vehicle which is involved in
any offence to give all information regarding the name and address of and the
license held
by the driver or the conductor on demand by any Police Officer. |
Section
136: All vehicles involved in road accidents have to be inspected by the
authorised Officers of Motor Vehicles Department. |
Section
140: Where death or permanent disablement of any person has resulted from a
road accident, the owner of the vehicle involved shall be liable to pay compensation in
respect of such death or disablement irrespective of his/her fault. The compensation for
death shall be Rs. 50,000/- and for permanent disablement Rs. 25,000/-.
In such claims, the claimant shall not be
required to plead and establish that the death or permanent disablement was due to any
wrongful act, neglect or default of the owner of the vehicle involved. The claim shall not
be defeated by reason of any wrongful act, neglect or default of the person in respect of
whose death or permanent disablement, the claim has been made. Besides the owner of the
vehicle, the Insurance Company is also liable under this section. |
Section 146: No vehicle shall be used on the road without proper Insurance Certificate. The
responsibility lies with the owner of the vehicle. |
Section
158: Any person driving a motor vehicle in any public place, shall, on
being required by a Police Officer in uniform, produce:
- certificate of Insurance
- certificate of registration
- driving license
- in case of transport vehicles, also the
certificate of fitness and the permit
|
Section 160: For the purpose of claiming compensation in a road accident, information regarding the
vehicle involved, the driver, injured, property damaged can be obtained from the Police
Officer incharge of the concerned Police Station on payment of the prescribed fee. |
Section
161: In respect of death of any person resulting from a hit and run road
accident, a compensation of Rs. 25,000/- is paid. In respect of grievous hurt, the
compensation to be paid is Rs. 12,500/-. This compensation is to be paid by the District
Magistrate concerned. |
Section
178:
i) Penalty for travelling without ticket is upto Rs. 500/-.
ii) If the conductor of a stage carriage
fails to perform his duty regarding issue of proper ticket etc., he can be punished with
fine upto Rs. 500/-. |
Section 179: Disobedience to orders of the competent authority, obstruction to discharge of official
duty or refusal of information to the authority concerned can result in fine upto Rs.
500/-. |
Section 180: If
a owner permits any unauthorised person to drive the vehicle without driving licence, the
owner is liable for imprisonment upto 3 months or fine upto Rs. 1,000/- or both. |
Section 181: Driving
without valid and proper driving licence can result in imprisonment upto 3 months or fine
upto Rs. 500/- or both |
Section 182: If
a person who has been disqualified for holding or obtaining a driving licence either
drives a motor vehicle or applies for or obtains a driving licence with-holding the
information regarding disqualification, the person can be imprisoned upto 3 months or
punished with fine upto Rs. 500/- or with both. |
Section 182(a): Whoever alters the construction of the vehicle without prior approval of the competent
authority shall be punishable with fine of Rs. 1,000/- for the first offence and with a
fine of Rs. 5,000/- for any subsequent offence. |
Section
183:
i) If a driver of a motor vehicle contravenes the speed limit, he/she shall be punishable
with fine upto Rs. 400/- for the first offence and Rs. 500/- for the subsequent
offence.
ii) If the owner causes the driver to
contravene the speed limit, he/she shall be punishable with fine upto Rs. 300/- for the
first offence and Rs. 500/- for subsequent offence. |
Section
184: 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
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
extend to six months, or with fine which may extend to one thousand rupees, and for any
second or subsequent offence if committed within three years of the commission of a
previous similar offence with imprisonment for a term which may extend to two years or
with fine which may extend to two thousand rupees or with both.
The driver can be arrested on the spot. |
Section
185: Punishment for drunken driving is imprisonment upto 2 years or fine
upto Rs. 3,000/- or both.
The driver can be arrested on the spot. |
Section 186: If
a person drives a vehicle when mentally or physically unfit to drive, he/she shall be
punishable for the first offence with fine upto Rs. 200/- and Rs. 500/- for subsequent
offence. |
Section 187: If
a driver or a owner fails to report involvement of his/her vehicle in an accident and give
the required information to the Police Officer concerned, he/she shall be punishable with
imprisonment upto 3 months or fine upto Rs. 500/- or both in addition to the punishment
for the accident, in case convicted. For the subsequent offence under this section, the
imprisonment can be upto 6 months and fine amount upto Rs. 1,000/- |
Section
188: Whoever abets the commission of offence under Section 184, 185 and 186
shall be punishable for the same punishment as the accused himself / herself. |
Section
189: Whoever without the written consent of the State Government permits or
takes part in a race or trial of speed of any kind between motor vehicles in any public
place shall be punishable with imprisonment for a term which may extend to one month or
with a fine which may extend to five hundred rupees or with both. |
Section 190: Punishment for violation of the standards prescribed in relation to road safety, control
of noise and air pollution is fine amount upto Rs.1000/- for the first offence and Rs.
2000/- for the subsequent offence. |
Section
192: Using a vehicle without registration can result in minimum fine amount
of Rs. 2000/- and maximum upto Rs. 5000/-. For subsequent offence, the fine amount can be
upto Rs. 10,000/- with a minimum of Rs. 5000/-
The punishment is not applicable for
vehicles used in an emergency for the conveyance of persons suffering from sickness or
injuries or for the transportation of food or material to relieve distress or of medical
supplies for a like purpose. |
Section
192(a): Using vehicle in contravention of permit condition can result in
fine upto Rs. 5000/- but not less than Rs. 2000/- for the first offence and imprisonment
upto 1 year but not less than 3 months or with fine amount upto Rs. 10,000/- but not less
than Rs. 5000/- or both for the subsequent offence. |
Section 194: Driving vehicle exceeding permissible weight can result with a punishment of Rs. 2000/-
and an additional amount of Rs. 1,000/- per tonne of excess load together with
the liability to pay charges of off-loading the excess load. |
Section 196: Driving
uninsured vehicle can result in punishment in imprisonment upto 3 months or fine upto Rs.
1000/- or both. |
Section 197: Whoever takes or 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
extend to three months or with fine which may extend to five hundred rupees or with both. |
Section
200: The offence under the following sections can be compounded by the
Police Officers: |
Sections 177, 178, 179,
180, 181, 182, 183, 184, 186, 189, 190, 191, 192, 194, 196 or 198. |
Section
201: Whoever keeps a disabled vehicle on any public place in such a manner
so as to cause impediment to the free flow of traffic, shall be liable for penalty upto to
fifty rupees per hour so long as it remains in that position. |
Section
202:
i) A Police Officer in uniform may arrest without warrant any person who in his presence
commits an offence punishable under Section 184 (dangerous driving) or Section 185
(drunken driving) or Section 197 (taking vehicle without authority).
ii) 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. |
Section 203: If
a person required by a Police Officer 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. |
Section 206:
1) Any Police Officer or other person authorised 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 the Indian Penal Code, 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
authorised in this behalf by 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 a summons, seize any license held by such driver and
forward it to the Court. |
3) A Police Officer or other person
seizing a license under sub-section (2) shall give to the person surrendering the
license a temporary acknowledgement therefore and such acknowledgement shall
authorise the holder to drive until the license has been returned to him or until
such date as may be specified by the Police Officer or other person in the
acknowledgement, whichever is earlier. |
Section
207: Any Police Officer or other person authorised 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 by sub-section (1) of Section 66 or in contravention of any
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. |
Section 215: The Central and Statement Government are required to constitute National Road Safety
Council, State Road Safety Council and District Road Safety Committees for road safety
programmes. |