THE MOTOR VEHICLE ACT7

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    The first enactment relating to motor vehicle in INDIA was INDIAN MOTOR VEHICLE ACT,1914.

    Later on replaced by MOTOR VEHICLE ACT1939.

    A working group was , therefore , constituted in January ,1984 to review all the provisions of Act 1939.

    Based on conclusion reached in the meeting of transport

    ministers and suggestions made by Supreme Court , the Motor Vehicle Bill was introduced in the parliament.

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    The Motor Vehicles Bill having been passed by both the houses of Parliament , received the assent of President on 14 th oct,1988.It came into force on 1 st day of july ,1989 , as THE MOTOR VEHICLE ACT,1988.

    It extends to the whole INDIA .

    It has amended three three times in 1994,2000,2001 .

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    No person shall drive nor permit to drive any motor vehicle in public place unless it is registered and the certification of the vehicle has not been suspended or cancelled.

    Vehicle carries a registration mark displayed in the prescribed manner.

    Every owner shall cause the vehicle to be registered by a registration authority of the area he has residence or place of business where the vehicle is normally kept.

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    An application with such documents and information shall be made within such period as may be prescribed by the central government.

    An application should be accompanied by such fee as may be prescribed by central government.

    The registering authority should provide certificate of registration, containing information of owner and should specify type of the motor vehicle.

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    No person shall drive public place unless he holds an effective driving licence to him.

    No person under the age of eighteen years shall drive a motor vehicle in public place.

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    No person shall holds anyother driving licence except a

    learners license or a driving licence issued to drive a motor vehicle.

    No holder of a driving licence or a learners license shall permit it to be used by any other person.

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    1.Any person may apply to the licensing authority in the area- In which he ordinarily resides or

    carries business.

    2.Every application shall be accompanied by such fee and such documents as may be prescribed by the central government.

    3.If the applicant passes such test as may be prescribed by the central government , he shall be issued the driving licence.

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    No person shall drive a motor vehicle at a speed exceeding the maximum speed o below the minimum speed fixed for the vehicle under this Act.

    The state government could set a minimum or maximum speed by notification in the official gazette for a specific area , road or bridge in the interest of public safety or covenience.

    .

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    No person shall drive any motor vehicle in any public place-

    The unladen and laden weight of which exceeds the gross vehicle weight specified in the certificate of registration

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    These are considered as offences under the MOTOR VEHICLE ACT- Parking or one way on the road; Vehicle obstruct the traffic or be at middle of road; Records not produced;

    Overload ; Without driving licence; Vehicle without number plate; Over smoke;

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    Headlights are not burning;

    Indicator not burning ;

    Triples riding at two wheeler ; Drunken drive;

    No side mirror;

    Dangerous drive; Insurance not valid;

    Over speed ;

    No registration certificate;

    Disobey traffic signal;

    Over height lorry;

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    Wrong overtaking;

    Without helmet;

    After the accident driver runaway with vehicle.

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    Any rule relating to protection of environment is madeafter the consultation with ministry of thegovernment of India dealing with environment.

    In motor vehicle act 1988,rules have been made for these aspects-Every motor vehicle shall be so constructed and somaintained as to be at all times under the effectivecontrol of the person driving the vehicle;

    Necessary use of safety glasses including prohibition of the use of tinted safety glasses;Necessary to use signalling appliances, lamps and reflectors , speed governors ;

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    Necessary to use safety belts, handle bars of motor cycles, auto-dippers and other

    equipments essential for safety of drivers,passengers and other road user;Made provision for transportation of goods of dangerous or hazardous nature to human life;

    Fix standards for emission of air pollutants;Seating arrangements in public service vehiclesand the protection of passengers against theweather;prohibiting or restricting the use of audiblesignals at certain times or in certain places;

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    P rohibiting the carrying of appliances likely tocause danger;

    The periodical testing and inspection of vehiclesby prescribed authorities and fees to be charged for such test;Import of Hazardous waste is completely prohibited;standards of component, controlling air and noise pollution, etc. and also regarding

    exemption to be granted in certain cases;

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    Any person who drive or permit to drive adefected vehicle which could be source of danger shall be punishable with a fine which

    may be extended to two hundred and fifty rupees;If defected vehicle cause any accident or damage of property ,it can be result in

    three month imprisonment or fine extend to one thousand rupees or both.

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    Any person who drives or causes or allows to be driven, inany public place a motor vehicle, which violates thestandard prescribed in relation to road safety ,control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.any person who drive or permit to drive the vehicle which violatethe rule made under the provisionof carriage of goods which aredangerous to human life ,shall be punishable for first offence

    which may extend to three thousand rupees or with imprisonment whichextend to one year or bothand subsequent offence with fine of five thousand or imprisonment of three years

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