SOME IMPORTANT PROVISIONS OF LAW
It is an offence to drive a vehicle without Driving License.
Age limit for obtaining driving license -
- Two Wheelers below 50 CC -16 years
- Other Motor Vehicles – 18 years
- Transport Vehicle – 20 years
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.
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.
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) v) 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)
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.
- If a person is convicted for second time for dangerous driving under Section 184, the Court can cancel the driving license
- 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
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.
The change of address recorded in the Registration Certificate shall be reported within 30 days of any such change.
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.
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.
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.
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.
Only licensed persons to canvass and sell tickets for passenger transport vehicles.
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.
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.
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.
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.
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.
- 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
- 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
Carrying more than one pillion rider on a two-wheeler is an offence.
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
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.
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.
All vehicles involved in road accidents have to be inspected by the authorised Officers of Motor Vehicles Department.
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.
No vehicle shall be used on the road without proper Insurance Certificate. The responsibility lies with the owner of the vehicle
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
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.
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.
- Penalty for travelling without ticket is upto Rs. 500/-.
- 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/-.
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/-.
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.
Driving without valid and proper driving licence can result in imprisonment upto 3 months or fine upto Rs. 500/- or both
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.
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.
- 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.
- 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.
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.
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.
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.
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/-
Whoever abets the commission of offence under Section 184, 185 and 186 shall be punishable for the same punishment as the accused himself / herself.
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.
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.
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.
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.
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.
Driving uninsured vehicle can result in punishment in imprisonment upto 3 months or fine upto Rs. 1000/- or both.
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.
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.
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.
- 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).
- 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.
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.
- 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.
- 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.
- 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.
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.
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.