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Importance of Indian Motor Vehicle Act

Important Sections of Indian Motor Vehicle Act

Section 3: Necessity for driving licence

(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than 3 [a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

Section 4: Age limit for obtaining driving license

  1. Two Wheelers below 50 CC -16 years
  2. Other Motor Vehicles - 18 years
  3. Transport Vehicle - 20 years


Section 5: Owner not to allow any person to drive the vehicle without Driving License (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: Power of licensing authority to disqualify from holding a driving licence or revoke such licence

If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, that he—

(a) is a habitual criminal or a habitual drunkard; or

(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

(c) is using or has used a motor vehicle in the commission of a cognizable offence; or

(d) 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; or

(e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or

(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act


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 –

  • 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)
  • Not shifting the victim of the accident in which his or her vehicle is involved to the nearest Hospital/ Medical Practitioner (Section 134)
  • Not giving, on demand by a Police Officer, any information required by him (Section 134)
  • Not reporting the occurrence of accident to insurer (Section 134)
  • Driving by a drunken person or by a person under the influence of
  • drugs (Section 185)
  • Driving dangerously (Section 184)
  • Racing and trials of speed (Section 189)
  • 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:

  1. 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 driven 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:

  1. 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
  2. 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
  • 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 violated 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 authorized 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
  • drivinglicense
  • 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 in charge 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.

 

Last Updated: 05-08-2021 11:18 AM Updated By: Admin


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