Motor Vehicle Act, 1988

Motor Vehicle Act, 1988:- As per Part 129 of the Indian Motor Automobile Act, sporting the helmet is a should for two-wheeler riders. Part 128 of this Motor Automobile Act limits the utmost two riders on the bikes.

This legislation additionally says that if the site visitors police officer snatches the important thing from the automobile or motorbike, it’s unlawful. You may have the complete proper to launch a Authorized continuing towards the officer.

The Motor Vehicles Act is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.^[1]

Licensing of drivers of motor vehiclesEdit

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. by competitive authority appointed by the state in that behalf.

Licensing of conductors or stage carriersEdit

No person shall act as a conductor of a stage carriage unless he holds an effective conductor's licence issued to him authorising him to act as such conductor, and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage. A State Government may prescribe the conditions subject to which subsection shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act a conductor for a period not exceeding one month.

Registration of Motor VehiclesEdit

No person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public place or in any other place unless the vehicle is registered to a registering authority.

Certificate of fitness for Transport VehiclesEdit

A transport vehicle shall not be deemed to be validly registered unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station.

Control of Transport Vehicles through permitsEdit

Stating no motor vehicle shall be used as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used.

Construction, Equipment and Maintainace of Motor VehiclesEdit

Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle. Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature. the act gives power to central and state governments to make rules in this regard.

Control of TrafficEdit

The act mentions vehicular traffic control by ensuring following issues

Limits of SpeedEdit

No person shall drive a motor vehicle of cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force.

Limits of weight and limitations on useEdit

The State Government may prescribe the conditions for the issue of permits for by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route. Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic types. No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer – The unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle or the laden weight of which exceeds the gross vehicle weight specified in the certificate or registration. also mentioned about parking places and haulting stations for motor vehicles to be determined by the state governments in consutations with local bodies having jurisdiction in the area concerned.

Duty to obey traffic signsEdit

Every driver of a motor vehicle shall drive the vehicle in conformity with any indication given by mandatory traffic sign and in conformity with the driving regulations made by the Central Government, and shall comply with all directions given to him by any police officer for the time being engaged in the regulation of traffic in any public place.

Duty of owner of motor vehicle to give informationEdit

The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorised in this behalf by the State Government, give all information regarding the name and address of, and the licence held by, the driver or conductor which is in his possession or could by reasonable attention be ascertained by him.

Wearing of protective headgearEdit

Every person driving or riding (otherwise than in a side car, on a motor cycle of any class or description) shall, while in a public place, wear protective headgear conforming to the standards of Bureau of Indian Standards provided that the provisions of this section shall not apply to a person who is a Sikh, if he is, while driving or riding on the motor cycle, in a public place, wearing a turban : provided further that the State Government may, by such rules, provide for such exceptions as it may think fit. The Motor Vehicles Amendment Act, 2019 states that children above 4 years should wear a protective headgear.

Safety measures for drivers and pillion ridersEdit

No driver of a two – wheeled motor cycle shall carry more than one person in addition to himself on the motor cycle and no such person shall be carried otherwise than sitting on a proper seat securely fixed to the motor cycle behind the driver's seat with appropriate safety measures.

Duty to produce licence and certificate of registrationEdit

The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination.

Duty of driver in case of accident and injury to a personEdit

When any person is injured or any property of a third party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person in charge of the vehicle shall –

(a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desired otherwise;

(b) give on demand by a police officer any information required by him or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, or not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence.

(c) give the following information in writing to the insurer, who has Substituted by for and if necessary, convey him to the nearest hospital. Issued the certificates of insurance, about the occurrence of the accident, namely :-

insurance policy number and period of its validity
date, time and place of accident
particulars of the persons injured or killed in the accident
name of the driver and the particulars of his driving licence.

Insurance under Motor Vehicles (MV) ActEdit

Important DefinitionsEdit

(a) “authorised insurer" means an insurer for the time being carrying on general insurance business in India and granted a certificate of registration by the Insurance Regulatory and Development Authority of India.

(b) “certificate of insurance” means a certificate issued by an authorised insurer.

(d) “grievous hurt” shall have the same meaning as assigned to it in section 320 of the Indian Penal Code.

(e) “hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose

(f)"" hit and died bike accident""

Necessity for insurance against third party risksEdit

No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force, in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements of (The provisions this section shall not apply to any vehicle owned by the Central Government or a State Government) -:

Provided that in the case of a vehicle carrying, or meant to carry, dangerous or hazardous goods, there shall also be a policy of insurance under the Public Liability Insurance Act,1991.
The appropriate Government may, by order, exempt from the operation of sub-section (1), any vehicle owned by any of the following authorities, namely:— (a) the Central Government or a State Government, if the vehicle is used for purposes connected with any commercial enterprise; (b) any local authority; (c) any State Transport Undertaking

Requirement of policies and limits of liabilityEdit

In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which—
1. is issued by a person who is an authorised insurer; and
2. insures the person or classes of persons specified in the policy in sub-section 2 above- (i) against any liability which may be incurred by him in respect of the death of or bodily injury to any person including owner of the goods or his authorised representative carried in the motor vehicle or damage to any property of a third party caused by or arising out of the use of the motor vehicle in a public place; (ii) against the death of or bodily injury to any passenger of a transport vehicle, except gratuitous passengers of a goods vehicle, caused by or arising out of the use of the motor vehicle in a public place.

Clarification -: The death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place. notwithstanding anything if a person who is dead or injured or the property which is damaged was not in a public place at the time of the accident.

3. Notwithstanding anything contained under any other law for the time being in force, for the purposes of third party insurance related to either death of a person or grievous hurt to a person, the Central Government shall prescribe a base premium and the liability of an insurer in relation to such premium for an insurance policy in consultation with the Insurance Regulatory and Development Authority.

4. A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected, a certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed.

5. A note in insurances issued before commencement of the Motor Vehicles (Amendment) Act, 2019, a policy of Insurance issued before the commencement of the Motor Vehicles (Amendment) Act, 2019 shall be continued on the existing terms under the contract and the provisions of Motor Vehicles (Amendment) Act, 2019 shall apply.

6. About Cover Note validity period -: Where a cover note issued by the insurer, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority or to such other authority as the State Government may prescribe.

Settlement by insurance company and procedure thereforEdit

The insurance company shall, upon receiving information of the accident, either from claimant or through accident information report or otherwise, designate an officer to settle the claims relating to such accident.
An officer designated by the insurance company for processing the settlement of claim of compensation may make an offer to the claimant for settlement before the Claims Tribunal giving such details, within thirty days and after following such procedure as may be prescribed by the Central Government.
If, the claimant to whom the offer is made under sub-section (2)(Above line), —

(a) accepts such offer,—

(i) the Claims Tribunal shall make a record of such settlement, and such claim shall be deemed to be settled by consent; and

(ii) the payment shall be made by the insurance company within a maximum period of thirty days from the date of receipt of such record of settlement;

(b) rejects such offer, a date of hearing shall be fixed by the Claims Tribunal to adjudicate such claim on merits.

Duty of insurers to satisfy judgments and awards against persons insured in respect of third party risks.Edit

If, after a certificate of insurance has been issued under sub-section (3) of section 147 of MV (Amendment) Act, 2019; in favour of the person by whom a policy has been effected, judgment or award in respect of any such liability as is required to be covered by a policy under clause (b) of sub-section (1) of section 147 (being a liability covered by the terms of the policy) or under the provisions of section 164 is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel or may have avoided or cancelled the policy, the insurer shall, subject to the provisions of this section, pay to the person entitled to the benefit of the award any sum not exceeding the sum assured payable thereunder as if that person were the decree holder, in respect of the liability, together with any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any enactment relating to interest on judgments.
No sum shall be payable by an insurer under sub-section (1) (Point no. 1. in this section) in respect of any judgment or award unless, before the commencement of the proceedings in which the judgment or award is given the insurer had notice through the court or, as the case may be, the Claims Tribunal of the bringing of the proceedings, or in respect of such judgment or award so long as its execution is stayed pending an appeal; and an insurer to whom notice of the bringing of any such proceedings is so given shall be entitled to be made a party thereto, and to defend the action on any of the following grounds, namely

(a) that there has been a breach of a specified condition of the policy, being one of the following conditions, namely:––

(i) a condition excluding the use of the vehicle—

(A) for hire or reward, where the vehicle is on the date of the contract of insurance a vehicle not covered by a permit to ply for hire or reward; or

(B) for organised racing and speed testing; or

vehicle is used, where the vehicle is a transport vehicle; or

(D) without side-car being attached where the vehicle is a two-wheeled vehicle; or

(ii) a condition excluding driving by a named person or by any person who is not duly licensed or by any person who has been disqualified for holding or obtaining a driving licence during the period of disqualification or driving under the influence of alcohol or drugs as laid down in section 185; or

(iii) a condition excluding liability for injury caused or contributed to by conditions of war, civil war, riot or civil commotion; or

(b) that the policy is void on the ground that it was obtained by nondisclosure of any material fact or by representation of any fact which was false in some material particular; or

3. If on the date of filing of any claim, the claimant is not aware of the insurance company with which the vehicle had been insured, it shall be the duty of the owner of the vehicle to furnish to the tribunal or court the information as to whether the vehicle had been insured on the date of the accident, and if so, the name of the insurance company with which it is insured.

Settlement between insurers and insured personsEdit

No settlement made by an insurer in respect of any claim which might be made by a third party in respect of any liability of the nature referred to in clause (b) of sub-section (1) of section 147 of MV (Amendment) Act, 2019 shall be valid unless such third party is a party to the settlement

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Mohammed Adil Advocate for AP High Court &Visakhapatnam Dist Court.