Motor Vehicles Act 08 Control of Traffic

A 'Bare act' is the actual legislation passed by the Parliament of India. Generally, an act sets out the high level legal and policy principles applicable to the subject matter of the law.

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The Motor Vehicles Act, 1988

Chapter VIII – Control of Traffic

Section 112 – Limits of speed

1. No person shall drive a motor vehicle or 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: Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette.
2. The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month.
3. Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub – section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938).

Section 113 – Limits of weight and limitations on use

1. The State Government may prescribe the conditions for the issue of permits for transport vehicles by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.
2. 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 tyres.
3. No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer –
   1. the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or
   2. the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.
4. Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub – section (2) or clause (a) of sub – section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.

Section 114 – Power to have vehicle weighed

1. Any officer of the Motor Vehicles Department authorised in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of section 113, require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of section 113 regarding weight, he may, by order in writing, direct the driver to off – load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such notice, the driver shall comply with such directions.
2. Where the person authorised under sub – section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.

Section 115 – Power to restrict the use of vehicles

The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places: Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity as the circumstances may permit, shall be given of such prohibition or restriction.

Section 116 – Power to erect traffic signs

1. –
   1. The State Government or any authority authorised in this behalf by the State Government may cause or permit traffic signs to be placed or erected in any public place for the purpose of bringing to public notice any speed limits fixed under sub – section (2) of section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of regulating motor vehicle traffic.
   2. A State Government or any authority authorised in this behalf by the State Government may, by notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving regulations made by the Central Government.
2. Traffic signs placed or erected under sub – section (1) for any purpose for which provision is made in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule, but the State Government or any authority empowered in this behalf by the State Government may make or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or figures thereon in such script as the State Government may think fit provided that the transcriptions shall be of similar size and colour to the words, letters or figures set forth in the Schedule.
3. Except as provided by sub – section (1), no traffic sign shall, after the commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected prior to the commencement of this Act by any competent authority shall for the purpose of this Act by any competent authority shall for the purpose of this Act be deemed to be traffic signs placed or erected under the provisions of sub – section (1).
4. A State Government may, by notification in the Official Gazette, empower any police officer not below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement which in his opinion is so similar in appearance to a traffic sign as to be misleading or which in his opinion is likely to distract the attention or concentration of the driver.
5. No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed or erected under this section.
6. If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a police officer or at a police station as soon as possible, and in any case within twenty four hours of the occurrence.
7. For the purpose of bringing the signs set forth in the First Schedule in conformity with any International Convention relating to motor traffic to which the Central Government is for the time being a party, the Central Government may, by notification in the Official Gazette, make any addition or alteration to any such sign and on the issue of any such notification, the First Schedule shall be deemed to be amended accordingly.

Section 117 – Parking places and halting stations

The State Government or any authority authorised in this behalf by the State Government may, in consultation with the local authority having jurisdiction in the area concerned, determine places at which motor vehicles may stand either indefinitely or for a specified period of time, and may determine the places at which public service vehicles may stop for a longer time than is necessary for the taking up and setting down of passengers.

Section 118 – Driving regulations

The Central Government may, by notification in the Official Gazette, make regulations for the driving of motor vehicles.

Section 119 – Duty to obey traffic signs

1. 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.
2. In this section “mandatory traffic sign” means a traffic sign included in Part A of the First Schedule, or any traffic sign of similar form (that is to say, consisting of or including a circular disc displaying a device, word or figure and having a red ground or border) placed or erected for the purpose of regulating motor vehicle traffic under sub – section (1) of section 116.

Section 120 – Vehicles with left hand control

No person shall drive or cause or allow to be driven in any public place any motor vehicle with a left – hand steering control unless it is equipped with a mechanical or electrical signalling device of a prescribed nature and in working order.

Section 121 – Signals and signalling devices

The driver of a motor vehicle shall make such signals and on such occasions as may be prescribed by the Central Government:

Provided that the signal of an intention to turn to the right or left or to stop –

1. in the case of a motor vehicle with a right – hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and
2. in the case of a motor vehicle with a left hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle:

Provided further that the State Government may, having regard to the width and condition of the roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as may be specified therein any motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route.

Section 122 – Leaving vehicle in dangerous position

No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.

Section 123 – Riding on running board, etc

1. No person driving or in charge of a motor vehicle shall carry any person or permit any person to be carried on the running board or otherwise than within the body of the vehicle.
2. No person shall travel on the running board or on the top or on the bonnet of a motor vehicle.

Section 124 – Prohibition against travelling without pass or ticket

No person shall enter or remain in any stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket: Provided that where arrangements for the supply of tickets are made in the stage carriage by which a person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein, he shall make the payment of his fare to the conductor or the driver who performs the functions of a conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey.

Explanations

In this section –

1. “pass” means a duty, privilege or courtesy pass entitling the person to whom it is given to travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage carriage for the period specified therein;
2. “ticket” includes a single ticket, a return ticket or a season ticket.

Section 125 – Obstruction of driver

No person driving a motor vehicle shall allow any person to stand or sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle.

Section 126 – Stationary vehicles

No person driving or in charge of a motor vehicle shall cause or allow the vehicle to remain stationary in any public place, unless there is in the driver’s seat a person duly licensed to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the driver.

Section 127 – Removal of motor vehicles abandoned or left unattended on a public place

1. Where any motor vehicle is abandoned or left unattended on a public place for ten hours or more or is parked in a place where parking is legally prohibited, its removal by a towing service or its immobilisation by any means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.
2. Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a traffic hazard, because of its position in relation to the public place, or its physical appearance is causing the impediment to the traffic, its immediate removal from the public place by a towing service may be authorised by a police officer having jurisdiction.
3. Where a vehicle is authorised to be removed under sub – section (1) or sub – section (2) by a police officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.

Section 128 – Safety measures for drivers and pillion riders

1. 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.
2. In addition to the safety measures mentioned in sub – section (1), the Central Government may, prescribe other safety measures for the drivers of two – wheeled motor cycles and pillion riders thereon.

Section 129 – Wearing of protective headgear

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 provision of this sections 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.

Explanations

“Protective headgear” means a helmet which –

1. by virtue of its shape, material and construction, could reasonably be expected to afford to the person driving or riding on a motor cycle a degree of protection from injury in the event of an accident; and
2. is securely fastened to the head of the wearer by means of straps or other fastenings provided on the headgear.

Section 130 – Duty to produce license and certificate of registration

1. The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his license for examination: Provided that the driver may, if his license has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the license a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the license within such period, in such manner as the Central Government may prescribe to the police officer making the demand.
2. The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorised in this behalf, produce the license for examination.
3. The owner of a motor vehicle (other than a vehicle registered under section 60), or in his absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it. Explanation For the purposes of this sub – section, “certificate” of insurance” means the certificate issued under sub – section (3) of section 147.
4. If the license referred to in sub – section (2) or the certificates or permit referred to in sub – section (3), as the case may be, are not at the time in the possession of the person to whom demand is made, it shall be a sufficient compliance with this section if such person produces the license or certificates or permit within such period in such manner as the Central Government may prescribe, to the police officer or authority making the demand: Provided that, except to such extent and with such modifications as may be prescribed, the provisions of this sub – section shall not apply to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.

Section 131 – Duty of the driver to take certain precautions at unguarded railway level crossings

Every driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from the vehicle himself to ensure that no train or trolley is approaching from either side before the railway track is crossed.

Section 132 – Duty of driver to stop in certain cases

1. The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as may for such reasonable time as may be necessary, but not exceeding twenty – four hours –
   1. when required to do so by any police officer not below the rank of a Sub – Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or
   2. when required to do so by any person in charge of an animal if such person apprehends that the animal is, or being alarmed by the vehicle will become, unmanageable and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any such accident or damage who demands it provided such person also furnishes his name and address.
2. The driver of a motor vehicle shall, on demand by a person giving his own name and address and alleging that the driver has committed an offence punishable under section 184 give his name and address to that person.
3. In this section the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat.

Section 133 – Duty of owner of motor vehicle to give information

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 license held by, the driver or conductor which is in his possession or could by reasonable diligence be ascertained by him.

Section 134 – Duty of driver in case of accident and injury to a person

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 –

1. 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, desires otherwise;
2. 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, for 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;
3. give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely –
   1. insurance policy number and period of its validity;
   2. date, time and place of accident;
   3. particulars of the persons injured or killed in the accident;
   4. name of the driver and the particulars of his driving license.

Explanations

For the purposes of this section the expression “driver” includes the owner of the vehicle.

Section 135 – Schemes to be framed for the investigation of accident cases and wayside amenities, etc

1. The State Government may, by notification in the Official Gazette, make one or more schemes to provide for –
   1. an in – depth study on causes and analysis of motor vehicle accidents;
   2. wayside amenities on highways;
   3. traffic aid posts on highways; and
   4. truck parking complexes along highways.
2. Every scheme made under this section by any State Government shall be laid, as soon as may be after it is made, before the State Legislature.

Section 136 – Inspection of vehicle involved in accident

When any accident occurs in which a motor vehicle is involved, any person authorised in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination: Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned after completion of the formalities to the owner, driver or the person in charge of the vehicle within twenty – four hours.

Section 137 – Power of Central Government to make rules

The Central Government may make rules to provide for all or any of the following matters, namely –

1. the occasions on which signals shall be made by drivers of motor vehicles and such signals under section 121;
2. the manner in which the licenses and certificates may be produced to the police officer under section 130.

Section 138 – Power of State Government to make rules

1. The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137.
2. Without prejudice to the generality of the foregoing power, such rules may provide for –
   1. the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads;
   2. the installation and use of weighing devices;
   3. the maintenance and management of wayside amenities complexes;
   4. the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed;
   5. the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;
   6. prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place;
   7. prohibiting the taking hold of or mounting of a motor vehicle in motion;
   8. prohibiting the use of foot – paths or pavements by motor vehicles;
   9. generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic; and
   10. any other matter which is to be, or may be, prescribed.

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