MOTOR VEHICLE ACT 1988.pptx

MOTOR VEHICLE ACT
1988
Dr.Chandrakumar D
1st Yr PG
Dept. of Community Medicine
PSG IMSR

OBJECTIVES
06 01
02
03
04
05
Describe the measures
taken by MoRTH
Describe the
MVA 2019
amendment
Differentiate the
Road Signs
Define LAW &
CONSTITUTION
Enlist the
Motor Vehicle
Acts
Describe Motor
Vehicle Act

LAW
A set of rules that are created and enforced by a
particular country or community through government to
regulate the actions of its members.
All laws in the country, whether of the Union or State,
have to conform to the constitutional.
Source : https://www.politicalscienceview.com/definition-of-law/

CONSTITUTION
The basic principles & laws of a nation or social group
that determine the powers & duties of the government &
guarantee certain rights to the people on it.
James Madison
Father of
Constitution
Source : https://www.politicalscienceview.com/definition-of-law/

The constitution of India contains 12 schedules.
7th schedule - enumerates the subject matters of laws
and demarcates the division of responsibility between the
union and the states.

It has 3 lists (A, B & C). Each has a number of entries.
(A –Union, B –State, C-Concurrent)
Entry 23 of List-A deals with Motor vehicle Act.
The subject of motor vehicles is dealt by the central
government.
The GOI has a specific ministry concerned with the
motor vehicle laws in India.

Roads wing –
Deals with development and
maintenance of National Highways
in the country.
Transport wing –
Deals with matters relating
to road transport including motor
vehicle legislation.
Source : https://morth.nic.in/

MOTOR VEHICLE ACTS IN INDIA
An Act to provide compensation to families for
loss occasioned by the death of a person caused by
actionable wrong.
The Fatal Accidents Act
1855
An Act to provide for the incorporation and
regulation of Road Transport Corporations.
The Road Transport Corporation Act
1950
Source : https://www.indiacode.nic.in/

An Act to provide for the declaration of certain
highways to be national highways and for matters
connected.
The National Highway Act
1956
An Act to provide for the welfare of motor transport
workers and to regulate the conditions of their work.
The Motor Transport Workers Act
1961

An Act to provide for public liability insurance for
the purpose of providing immediate relief to the
persons affected by accident occurring while handling
any hazardous substance and for matters connected
therewith.
The Public liability Insurance Act
1961

An Act to provide for the constitution of an
Authority for the development, maintenance and
management of national highways and for matters
connected therewith.
The National Highway Authority of India
1988
1988
An Act to consolidate and amend the law relating
to motor vehicles.
The Motor Vehicles Act
1988

An Act to provide for the regulation of the
multimodal transportation of goods, from any place in
India to a place outside India, on the basis of a
multimodal transport contract and for matters
connected therewith.
The Multimodal Transportation of Goods Act
1993

An Act to provide for control of land within the
National Highways, right of way and traffic moving on
the National Highways and also for removal of
unauthorised occupation thereon.
The Control of National Highways (Land & Traffic) Act
2002

An Act to provide for the regulation of common
carriers, limiting their liability & declaration of value of
goods delivered to them to determine their liability for
loss of, or damage to, such goods occasioned by the
negligence, crimininal acts of themselves, their
servants or agents and for matters connected
therewith.
The carriage by Road Act
2007

THE MOTOR VEHICLE ACT 1988
• Act no: 59 of 1988.
• Came into force on 1st July 1989.
• It has 14 Chapters & 217 Sections.
Significance:
The act has taken into account changes in the road
transport technology, pattern of passengers and freight
movements, developments in the road network & techniques
in motor vehicles management.

Act deals with
• Construction equipment and maintenance.
• Standards of components and parts.
• Anti-pollution control devices.
• Issue of testing fitness certificates.
• Registration marks.

S.NO CHAPTERS SECTIONS
1 Preliminary 1 & 2
2 Licensing of drivers of motor vehicles 3 – 28
3 Licensing of conductors of stage carriers 29 -38
4 Registration of motor vehicles 39 – 65
5 Control of transport vehicles 66 – 96
6 Special provisions relating state transport undertaking 97 – 108
7 Construction, equipment and maintenance of vehicles 109 – 111
8 Control of traffic 112 - 138
9 Motor vehicles temporarily leaving & Visiting India 139
10 Liability without fault in certain cases 140 – 144
11 Insurance of motor vehicles against 3rd
party risks 145 – 164
12 Claims Tribunals 165 – 176
13 Offences, Penalties & Procedure 177 – 210
14 Miscellaneous 211 – 217

• It categorizes motor vehicles into different types.
• Based on size, type and utility of such vehicles.
Contract carriage Motor car
Goods carriage Omni bus
Heavy goods vehicle Private service vehicle
Heavy passenger motor vehicle Public service vehicle
Invalid vehicle Semi trailer
Light motor vehicle Stage carrier
Maxi cab Tourist vehicle
Medium goods vehicle Tractor
Medium passenger motor vehicle Trailer
Motor cab Transport vehicle

DEFINITIONS
Automobile :
Section 2 of the act defines & enumerates various kinds
of motor vehicles.
The term automobile includes all vehicles propelled by
means other than muscular power except rail road, railway cars
& Motor vehicles only running on railway tracks.

Means any mechanically propelled vehicle adapted for use
upon roads whether the power of propulsion is transmitted thereto
from an external or internal source and includes a chassis to
which a body has not been attached.
But does not include a vehicle running upon fixed rails or a
vehicle of a special type adapted for use only in a factory or in any other
enclosed premises or a vehicle having less than four wheels fitted with
engine capacity of not exceeding [ 25 CC].
Motor Vehicle :

S.No DEFINITIONS CLAUSE OF SECTION - 2
1 Certificate of registration 4
2 Contract carriage 7
3 Goods 13
4 Goods carriage 14
5 Heavy goods vehicle 16
6 Heavy Passenger Motor vehicle 17
7 Invalid carriage 18
8 Light Motor vehicle 21
9 Manufacturers 21A
10 Maxi cab 22
11 Medium goods vehicle 23
12 Medium passenger motor vehicle 24
13 Motor cab 25

S.No DEFINITIONS CLAUSE OF SECTION - 2
14 Motor car 26
15 Motor cycle 27
16 Motor vehicle or Vehicle 28
17 Omi bus 29
18 Owner 30
19 Private service vehicle 33
20 Public service vehicle 35
21 Semi trailer 39
22 Stage carriage 40
23 Tourist vehicle 43
24 Tractor 44
25 Trailer 46
26 Transport vehicle 47

AGE LIMIT
Section 4 of Chapter 2.
No person under the age of 18 years shall drive a motor
vehicle in any public place.
Provided that [a motor cycle with engine capacity not
exceeding 50cc] may be driven in a public place by a person
after attaining the age of 16 years.

Cont…
No person under the age of 20 years shall drive a
transport vehicle in any public place.
No learner’s license or driving license shall be issued to
any person to drive a vehicle of the class unless he is eligible to
drive that class of vehicle under this section.
Source: Subs. by Act 54 of 1994, s. 4, for "a motor cycle without gear" (w.e.f. 14-11-1994)

ROAD SIGNS
Road signs notify road users of regulations and
provide warning and guidance need for safe, uniform and
efficient operation.

CLASSIFICATION
Mandatory / Regulatory signs
Cautionary / Warning signs
Informatory / Guide signs

MANDATORY / REGULATORY SIGNS
Source: https://mvd.kerala.gov.in/en/traffic-signs

All mandatory or regulatory signs are CIRCULAR in
shape.
Mandatory signs are to indicate the prohibition upon
certain kind of vehicle maneuver and vehicle type.
Eg : Overtaking Prohibited, U-turn Prohibited,
No parking area, Speed limit.
Cont…

They are with red circular ring and diagonal bars with
black symbols or arrows or letters on white background.
Cont…
The red line indicates the prohibitory
regulation.
The diagonal red bar prohibits the action.
The black symbol indicates the movement.

CAUTIONARY / WARNING SIGNS

Cautionary / warning signs are triangular in shape with
red border and black symbol in white background.
Used to caution and alert the road users to potential
danger or existence of certain hazardous conditions.
Cont…

These signs indicate need for special caution by road
users and may require a reduction in speed or some other
maneuver.
Eg: Hairpin bends, Narrow bridge, Gap in median,
School ahead etc.
Cont…

INFORMATORY / GUIDE SIGNS

All informatory signs and guiding signs for facilitates
are rectangular in shape.
Informatory signs for facilitates indicates location and
direction to facilitates like “fuel station” or “eating place” or
“parking”
Shall be a symbol within a rectangular board with
blue background.
Cont…

The signs unless otherwise stated shall normally be
placed at right angles to the line of travel of the approaching
traffic.
Signs relating to parking, however, should be fixed at
an angle (approximately) 95 degree to the carriageway so
as to give better visibility.
ORIENTATION OF SIGNS

OFFENCES
S.No Section Offence
Old Penalty
(Rs)
New Proposed Penalties (Rs)
1 177 General Rs. 100 Rs. 500
2 New 177A Rules of road regulation violation Rs. 100 Rs. 500
3 178 Ticketless travel Rs. 200 Rs. 500
4 179 Disobedience of authorities orders Rs. 500 Rs. 2,000
5 180 Unauthorized use of vehicles without license Rs. 1000 Rs. 5,000
6 181 Driving without license Rs. 500 Rs. 5,000
7 182 Driving despite disqualification Rs. 500 Rs. 10,000
8 182 B Oversize vehicles Rs. New Rs. 5,000
9 183 Over speeding Rs. 400
Rs. 1,000 for LMV
Rs. 2,000 for Medium passenger vehicle
10 184 Dangerous driving penalty Rs. 1000 Up to Rs. 5,000
11 185 Drunken driving Rs. 2000 Rs. 10,000
12 189 Speeding/ Racing Rs. 500 Rs. 5,000
13 192 A Vehicle without permit Up to Rs. 5,000 Up to Rs. 10,000
14 193 Aggregators (violations of licensing conditions) New Rs. 10,000

S.No Section Offence Old Penalty (Rs) New Proposed Penalties (Rs)
15 194 Overloading
Rs. 2,000 and Rs. 1,000
per extra tonne
Rs. 20,000 and Rs. 2,000 per extra tonne
16 194 A Overloading of passengers New Rs. 1,000 per extra passenger
17 194 B Seat belt Rs. 100 Rs. 1,000
18 194 C Overloading of two wheelers Rs. 100
Rs. 2,000 Disqualification for 3 months of
the licence
19 194 D Helmets Rs. 100
Rs. 1,000 Disqualification for 3 months of
the licence
20 194 E
Not providing way for emergency
vehicles
New Rs. 10,000
21 196 Driving without Insurance Rs. 1,000 Rs. 2,000
22 199 Offences by Juveniles New
Guardian/Owner shall be deemed to be
guilty. Rs. 25,000 with 3 yrs imprisonment.
23 206
Power of Offices to impound
documents
New
Suspension of driving licenses u/s 183,
184, 185, 189, 190, 194C, 194D, 194E
24 210 B
Offences committed by enforcing
authorities
New
Twice the penalty under the relevant
section

THE MOTOR VEHICLES (AMENDMENT) BILL, 2019
Introduced in Lok Sabha on July 15, 2019 by the
Minister for Road Transport and Highways.
The Bill seeks to amend the Motor Vehicles Act, 1988 to
provide for road safety.

1.Compensation for road accident victims
The central government will develop a scheme for
cashless treatment of road accident victims during
golden hour.
The Bill defines golden hour as the time period of
up to one hour following a traumatic injury, during which the
likelihood of preventing death through prompt medical care is
the highest.
Source: https://egazette.nic.in/WriteReadData/2019/210413.pdf

Cont…
The central government may also make a scheme for
providing interim relief to claimants seeking compensation
under third party insurance.
The Bill increases the minimum compensation for hit
and run cases as follows:
– in case of death, from Rs 25,000 to two lakh rupees.
– in case of grievous injury, from Rs 12,500 to Rs 50,000.

2.Compulsory Insurance
The Bill requires the central government to constitute a
Motor Vehicle Accident Fund, to provide compulsory insurance
cover to all road users in India.

Cont…
It will be utilized for:
• Treatment of persons injured in road accidents as per the golden
hour scheme.
• Compensation to representatives of a person who died in a hit
and run accident.
• Compensation to a person grievously hurt in a hit and run
accident.
• Compensation to any other persons as prescribed by the central
government.

Cont…
This Fund will be credited through:
• Payment of a nature notified by the central government.
• A grant or loan made by the central government.
• Balance of the Solatium Fund (existing fund under the Act to provide
compensation for hit and run accidents).
• Any other source as prescribed the central government.

3.Good Samaritans
The Bill defines a Good Samaritan as a person who
renders emergency medical or non-medical assistance to a
victim at the scene of an accident.
The assistance must have been
Good faith,
Voluntary &
Without the expectation of any reward.
Such a person will not be liable for any civil or criminal
action for any injury to or death of an accident victim, caused
due to their negligence in providing assistance to the victim.

4.Recall of vehicles
The Bill allows the central government to order for recall
of motor vehicles if a defect in the vehicle may cause damage
to the environment, or the driver, or other road users.
The manufacturer of the recalled vehicle will be required
to:
– Reimburse the buyers for the full cost of the vehicle.
– Replace the defective vehicle with another vehicle with
similar or better specifications.

5.National Transportation Policy
The central government may develop a
National Transportation Policy, in consultation with state
governments.
The Policy will :
• Establish a planning framework for road transport.
• Develop a framework for grant of permits.
• Specify priorities for the transport system, among other things.

6.Road Safety Board:
The Bill provides for a National Road Safety Board, to be
created by the central government through a notification.
The Board will advise the central and state governments
on all aspects of road safety and traffic management including:
» Standards of motor vehicles.
» Registration and licensing of vehicles.
» Standards for road safety.
» Promotion of new vehicle technology.

7.Offences and penalties
The Bill increases penalties for several offences under
the Act.
The maximum penalty for driving under the influence of
alcohol or drugs has been increased from Rs 2,000 to
Rs 10,000.
If a vehicle manufacturer fails to comply with motor
vehicle standards, the penalty will be a fine of up to
Rs 100 crore, or imprisonment of up to one year, or both.

Cont…
If a contractor fails to comply with road design standards
the penalty will be a fine of up to one lakh rupees.
The central government may increase fines mentioned
under the Act every year by up to 10%.

7.Taxi aggregators
The Bill defines aggregators as digital intermediaries or
market places which can be used by passengers to connect
with a driver for transportation purposes (Taxi Services).
These aggregators will be issued licenses by state
further, they must comply with the Information Technology Act,
2000.

ROAD ACCIDENTS IN INDIA
Fatalities and injuries caused by road accidents are
becoming the matters of great concern particularly with the
recent surge in motorization, due to increasing population
and increased vehicular penetration.
Road traffic injuries are the leading cause of death
globally and the principal cause of death in the age group of
15 to 49 years.

Total number of Road
Accidents, 2015,
501423
Accidents, 2016,
480652
Accidents, 2017,
464910
Accidents, 2018,
467044
Accidents, 2019,
449002
Accidents, 2020,
366138
Total number of Road Accidents (2015-2020)
Source : https://morth.nic.in/sites/default/files/RA_2020.pdf

Total number of
persons klled, 2015,
146133
Total number of
150785 Total number of
147913
Total number of
151417
Total number of
151113
Total number of
131714
Total number of persons killed (2015 – 2020)

Total number of
persons Injured,
2015, 500279
Total number of
persons Injured,
2016, 494624
Total number of
persons Injured,
2017, 470975
Total number of
persons Injured,
2018, 469418
Total number of
persons Injured,
2019, 451361
Total number of
persons Injured,
2020, 348279
Total number of persons Injured (2015 - 2020)

CAUSES OF ROAD ACCIDENTS
Multi-causal and are the result of an interplay of various factors.
Human error
Road condition / Environment and
Vehicular condition

HUMAN ERROR
Accidents caused by human error include
» Traffic rules violations.
» Driving without valid driver license.
» Nonuse of safety devices.

Traffic rules violations:
Violation of any traffic rule constitutes human error or
driver's fault
Over Speeding
Driving on the wrong side / lane indiscipline
Drunken driving / consumption of alcohol & drugs
Jumping of red light and
Use of mobile phones

Accidents , Over-
speeding, 72.5
Accidents , Drunken
driving /
consumption of
alcohol & drug, 2.3
Accidents , Driving on
wrong side /
Lane indiscipline, 5.5
Accidents , Jumping
red light, 0.7
Accidents , Use of
mobile phone, 1.8
Accidents , Others,
17.1
Fatalities , Over-
speeding, 69.3
Fatalities , Drunken
driving /
consumption of
alcohol & drug, 2.5
Fatalities , Driving on
wrong side /
Fatalities , Jumping
red light, 0.7
Fatalities , Use of
mobile phone, 2.2
Fatalities , Others, 19.8
Injured, Over-
speeding, 73.4
Injured, Drunken
driving /
consumption of
alcohol & drug, 2.3
Injured, Driving on
wrong side /
Injured, Jumping red
light, 0.08
Injured, Use of mobile
phone, 1.7
Injured, Others, 16.3
Road Accidents by type of Traffic Rules Violation during 2020
Injured Fatalities Accidents

Driving without valid driver license
Vehicles driven by untrained and unqualified drivers
are serious traffic hazard.
Problem is basically an enforcement issue, it must
also be addressed with better facilities and opportunities for
training / skilling and evaluation / testing.

Cont…
Series1, Valid
driving licence, 72,
72%
Series1, Learner's
licence, 4.6, 5%
Series1, Without
valid licence, 9.5,
9%
Series1, Not
known, 13.8,
14%
Road accidents by Type of License (2020)

Non-use of safety devices – helmets and seatbelts
Percentage of persons killed and injured due to non-use of
safety devices
Non using Helmets Non using Seatbelt
Killed Injured Killed Injured
30.1 26 11.5 11.2

ROAD ACCIDENTS CLASSIFIED BY ROAD FEATURES
No. of Accidents, Straignt
road, 65.0
No. of Accidents, Curved
road, 13.0
No. of Accidents, Bridge,
3.5
No. of Accidents, Cilvert,
1.8
No. of Accidents, Potholes,
1.0
No. of Accidents, Steep
grade, 1.2
No. of Accidents, Ongoing
road works / UC, 2.5
No. of Accidents, Others,
12.0
Persons Killed, Straignt
road, 64.6
Persons Killed, Curved
road, 12.7
Persons Killed, Bridge, 3.8
Persons Killed, Cilvert, 2.1
Persons Killed, Potholes,
1.1
Persons Killed, Steep
grade, 1.2
Persons Killed, Ongoing
Persons Killed, Others, 11.5
Persons Injured, Straignt
road, 65.1
Persons Injured, Curved
road, 13.8
Persons Injured, Bridge, 3.5
Persons Injured, Cilvert, 1.7
Persons Injured, Potholes,
0.9
Persons Injured, Steep
grade, 1.1
Persons Injured, Ongoing
Persons Injured, Others,
11.5
Persons Injured Persons Killed No. of Accidents

Series1, Tamil Nadu, 45485
Series1, Madhya Pradesh,
45266
State wise distribution of number of accidents 2020

ACCIDENT SEVERITY
Road accident severity measured by the number of
persons killed per 100 accidents.
It shows the need for improved trauma care and traffic
calming measures which aimed at reducing crash impact
parameters.

Series1, Mizoram, 79
Series1, Bihar, 78
Series1, Punjab, 75
Series1, Jharkhand, 69
Series1, Meghalaya, 67
Series1, Uttarakhand, 65
Series1, Dadra & Nagar
Haveli, 64
Series1, Uttar Pradesh, 56
Series1, Arunanchal
Pradesh, 54
Series1, West Bengal, 54
Series1, Rajasthan, 48
Series1, Odisha, 48
Series1, Haryana, 48
Series1, Maharashtra, 46
Series1, Gujrat, 46
Series1, Tripura, 41
Series1, Himanchal
Pradesh, 40
Series1, Assam, 40
Series1, Chhattisgarh, 40
Series1, Andhra Pradesh,
36
Series1, All India, 36
Series1, Telangana, 36
Series1, Sikkim, 34
Series1, Chandigarh, 33
Series1, Manipur, 29
Series1, Delhi, 29
Series1, Karnataka, 29
25
Series1, Tamil Nadu, 18
Series1, Jammu Kashmir,
15
Series1, Puducherry, 15
Series1, Kerala, 11
Series1, Nagaland, 11
Series1, Andaman &
Nicobar Islands, 10
Series1, Goa, 9
Accident Severity across the State/UTs during 2020

FATALITY RATE
Fatality rate is used to explain road accidents to relative
vehicular population in the country.
It is measured by the number of road accidents fatalities
(persons killed) per 10,000 vehicles.
The fatality rate is useful for comparing road safety
across states, particularly those with similar levels of
motorization.

Series1, Sikkim, 10.2
8.5
Series1, Bihar, 8.4
Series1, Jharkhand, 8.3
Series1, Assam, 8.1
Series1, Chhattisgarh, 7.8
Series1, Himachal Pradesh,
7
Series1, Uttar Pradesh, 6.9
Series1, Andhra Pradesh,
6.7
Series1, Odisha, 6.4
Series1, Rajasthan, 6
Series1, Haryana, 5.9
Series1, Telangana, 5.7
Series1, West Bengal, 5.6
Series1, Arunachal
Pradesh, 5.5
Series1, Jammu & Kahmir,
5.4
Series1, Karnataka, 5.2
Series1, India, 5.1
Series1, Meghalaya, 4.9
Series1, Tripura, 4.8
Series1, Manipur, 4.3
Series1, Punjab, 4.3
Series1, Delhi, 4.3
Series1, Dadra & Nagar
Haveli, 4
Series1, Maharashtra, 3.6
Series1, Tamil Nadu, 3.5
Series1, Kerala, 3.3
Series1, Uttarakhand, 3.1
Series1, Gujarat, 2.9
Series1, Puducherry, 2.1
Series1, Goa, 2.1
Series1, Mizoram, 2.1
Series1, Andaman &
Nicobar Islands, 1.4
Series1, Chandigarh, 1
Series1, Nagaland, 0.5
Series1, Lakshadweep, 0
Series1, Daman & Diu, 0
State/UT wise distribution of Fatality Rate during 2020

ROAD ACCIDENT MITIGATION
MEASURES TAKEN
BY
MINISTRY OF
ROAD TRANSPORT & HIGHWAYS

I. Education Measures
Publicity and Awareness
Campaigns
Road Safety Week and Month
Every Year January 11
– January 17

Distribution of hand bills / pamphlets on traffic rules,
Display of road safety message through flex / banners,
Publicity of Good Samaritan provisions for road users,
Awareness campaigns on over-speeding and helmet
wear.
Cont…

Cont…
Conducting workshops / training on first aid and
motivational programmes for road safety awareness among
the school / college students,
Conducting Eye Checkup and Testing Camps for road
users.

II. Engineering (both roads and vehicles) Measures
Identification & Rectification of Accident Black spots
Road Safety Audits
Pedestrian Facilities
» Pedestrian underpass (PUP),
» Pedestrian Subways (PWS)

III. Training and Capacity building
Capacity building on safety measures through training
of NHAI field offices / Concessionaires / Contractors /
Consultants engaged in NHAI project works throughout India
Accredited Driver Training Centre
» Institutes of Driving Training & Research (IDTR) Centres
» Regional Driving Training Centres (RDTCs)
» Driving Training Centres (DTC)

V. Enforcement Measures
Strengthening Enforcement and Road Safety
Speedy Assistance to Accident Victims
Simplification and citizen facilitation
Strengthening Public Transport
Automation and Computerization
Empowerment of States

VI. Enhancing Road Safety of Citizens
Protection of Good Samaritan
Multiplier for traffic offence
Helmet
Tyre Pressure Monitoring System (TMPS)
Safety norms for Construction Equipment Vehicles
Airbag
Incident Management System & Incident Management
Services
https://morth.nic.in/sites/default/files/RA_2020.pdf

VII. Miscellaneous
Supreme Court Committee on Road Safety
Instructions for removing Encroachment
Road Safety Advocacy Programme
Member of Parliaments Road Safety Committee
https://morth.nic.in/sites/default/files/RA_2020.pdf

Summary
First statue was Indian Motor Vehicle Act, 1914.
MoRTH has two wings – Road wing & Transport wing.
3 amendments are made in Central Motor Vehicle Act in 2019.
3 types of road sings – Mandatory, Cautionary & Informatory.
National Transportation Policy should be set up.
Road accident mitigations by MoRTH.

MOTOR VEHICLE ACT 1988.pptx

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MOTOR VEHICLE ACT 1988.pptx