The Motor Vehicles Act, 1988

(1) This Act may be called the Motor Vehicles Act,1988. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different State and any reference inthis Act to the commencement of this Act shall, in relation to a States, be construed as a reference to thecoming into force of this Act in that State.

In this Act, unless context otherwise requires,-- 1[(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or towhich alterations have been made under sub-section (2) of section 52, for the use of a personsuffering from any physical defect or disability, and used solely by or for such person; (1A) "aggregator" means a digital intermediary or market place for a passenger to connect with adriver for the purpose of transportation; (1B) "area", in relation to any provision of this Act, means such area as the State Governmentmay, having regard to the requirements of that provision, specify by notification in the OfficialGazette;] (2) "articulated vehicle" means a motor vehicle to which a semitrailer is attached; (3) "axle weight" means in relation to an axle of a vehicle the total weight transmitted by theseveral wheels attached to that axle to the surface on which the vehicle rests; (4) "certificate of registration" means the certificate issued by a competent authority to the effectthat a motor vehicle has been duly registered in accordance with the provisions of Chapter IV; 2[(4A) "community service" means an unpaid work which a person is required to perform as apunishment for an offence committed under this Act;] (5) "conductor", in relation to a stage carriage, means a person engaged in collecting fares frompassengers, regulating their entrance into, or exit from, the stage carriage and performing such otherfunctions as may be prescribed; (6) "conductor's licence" means the licence issued by a competent authority under Chapter IIIauthorising the person specified therein to act as a conductor; (7) "contract carriage" means a motor vehicle which carries a passenger orpassengers for hire or reward and is engaged under a contract, whether expressed or implied, for theuse of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by aperson with a holder of a permit in relation to such vehicle or any person authorised by him in thisbehalf on a fixed or an agreed rate or sum-- (a) on a time basis, whether or not with reference to any route or distance; or (b) from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contractanywhere during the journey, and includes-- (i) a maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) "dealer" includes a person who is engaged-- 3* * * * * (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, theperson who acts as a steersman of the drawn vehicle; 4[(9A) "driver refresher training course" means the course referred to in sub-section (2A) of section19;] (10) "driving licence" means the licence issued by a competent authority under Chapter II authorisingthe person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle ofany specified class or description; (11) "educational institution bus" means an omnibus, which is owned by a college, school or othereducational institution and used solely for the purpose of transporting students or staff of the educationalinstitution in connection with any of its activities; (12) "fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage; 4[(12A) "golden hour" means the time period lasting one hour following a traumatic injury duringwhich there is highest likelihood of preventing death by providing prompt medical care;] (13) "goods" includes live-stock, and anything (other than equipment ordinarily used with thevehicle) carried by a vehicle except living persons, but does not include luggage or personal effectscarried in a motor car or in a trailer attached to a motor car or the personal luggage of passengerstravelling in the vehicle; (14) "goods carriage" means any motor vehicle constructed or adapted for use solely for the carriageof goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods; (15) "gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and loadcertified and registered by the registering authority as permissible for that vehicle; (16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractoror a road-roller the unladen weight of either of which, exceeds 12,000 kilograms; (17) "heavy passenger motor vehicle" means any public service vehicle or private service vehicle oreducational institution bus or omnibus the gross vehicle weight of any of which, or a motor car theunladen weight of which, exceeds 12,000 kilograms; 5* * * * * (19) "learner's licence" means the licence issued by a competent authority under Chapter IIauthorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of anyspecified class or description; (20) "licensing authority" means an authority empowered to issue licences under Chapter II or, as thecase may be, Chapter III; (21) "light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either ofwhich or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed6[7500] kilograms; 7[(21A) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;] (22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers,but not more than twelve passengers, excluding the driver, for hire or reward; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavygoods vehicle; (24) "medium passenger motor vehicle" means any public service vehicle or private service vehicle,or educational institution bus other than a motor cycle, 8[adapted vehicle], light motor vehicle or heavypassenger motor vehicle; (25) "motorcab" means any motor vehicle constructed or adapted to carry not more than sixpassengers excluding the driver for hire or reward; (26) "motor car" means any motor vehicle other than a transport vehicle, omnibus, road-roller,tractor, motor cycle or 8[adapted carriage]; (27) "motor cycle" means a two-wheeled motor vehicle, inclusive of any detachable side-car havingan extra wheel, attached to the motor vehicle; (28) "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use uponroads whether the power of propulsion is transmitted thereto from an external or internal source andincludes a chassis to which a body has not been attached and a trailer; but does not include a vehiclerunning upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any otherenclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding9[twenty-five cubic centimetres]; (29) "omnibus" means any motor vehicle constructed or adapted to carry more than six personsexcluding the driver; (30) "owner" means a person in whose name a motor vehicle stands registered, and where suchperson is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of ahire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person inpossession of the vehicle under that agreement; (31) "permit" means a permit issued by a State or Regional Transport Authority or an authorityprescribed in this behalf under this Act authorising the use of a motor vehicle as a transport vehicle; (32) "prescribed" means prescribed by rules made under this Act; (33) "private service vehicle" means a motor vehicle constructed or adapted to carry more than sixpersons excluding the driver and ordinarily used by or on behalf of the owner of such vehicle for thepurpose of carrying persons for, or in connection with, his trade or business otherwise than for hire orreward but does not include a motor vehicle used for public purposes; (34) "public place" means a road, street, way or other place, whether a thoroughfare or not, to whichthe public have a right of access, and includes any place or stand at which passengers are picked up or setdown by a stage carriage; (35) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage ofpassengers for hire or reward, and includes a maxicab, a motorcab, contract carriage, and stage carriage; (36) "registered axle weight" means in respect of the axle of any vehicle, the axle weight certified andregistered by the registering authority as permissible for that axle; (37) "registering authority" means an authority empowered to register motor vehicles under ChapterIV; (38) "route" means a line of travel which specifies the highway which may be traversed by a motorvehicle between one terminus and another; 10[(38A) "scheme" means a scheme framed under this Act;] 11[(39) "semi-trailer" means a vehicle not mechanically propelled (other than a trailer), which isintended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle;] (40) "stage carriage" means a motor vehicle constructed or adapted to carry more than six passengersexcluding the driver for hire or reward at separate fares paid by or for individual passengers, either for thewhole journey or for stages of the journey; (41) "State Government" in relation to a Union territory means the Administrator thereof appointedunder article 239 of the Constitution; (42) "State transport undertaking" means any undertaking providing road transport service, wheresuch undertaking is carried on by,-- (i) the Central Government or a State Government; (ii) any Road Transport Corporation established under section 3 of the Road TransportCorporations Act, 1950 (64 of 1950); (iii) any municipality or any corporation or company owned or controlled by the CentralGovernment or one or more State Governments, or by the Central Government and one or more StateGovernments; 12[(iv) Zilla Parishad or any other similar local authority.] Explanation.--For the purposes of this clause, "road transport service" means a service of motorvehicles carrying passengers or goods or both by road for hire or reward; 10[(42A) "testing agency" means any entity designated as a testing agency under section 110B;] (43) "tourist vehicle" means a contract carriage constructed or adapted and equipped and maintainedin accordance with such specifications as may be prescribed in this behalf; (44) "tractor" means a motor vehicle which is not itself constructed to carry any load (other thanequipment used for the purpose of propulsion); but excludes a road-roller; (45) "traffic signs" includes all signals, warning sign posts, direction posts, markings on the road orother devices for the information, guidance or direction of drivers of motor vehicles; (46) "trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to bedrawn by a motor vehicle; (47) "transport vehicle" means a public service vehicle, a goods carriage, an educational institutionbus or a private service vehicle; (48) "unladen weight" means the weight of a vehicle or trailer including all equipment ordinarily usedwith the vehicle or trailer when working, but excluding the weight of a driver or attendant; and wherealternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle withthe heaviest such alternative part or body; (49) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to thesurface on which the vehicle rests 10[or moves].

1[2A. e-cart and e-rickshaw.--(1) Save as otherwise provided in the proviso to sub-section (1) ofsection 7 and sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw. (2) For the purposes of this section, "e-cart or e-rickshaw" means a special purpose battery poweredvehicle of power not exceeding 4000 watts, having three wheels for carrying goods or passengers, as thecase may be, for hire or reward, manufactured, constructed or adapted, equipped and maintained inaccordance with such specifications, as may be prescribed in this behalf.]

1[2B.Promotion of innovation.-- Notwithstanding anything contained in this Act and subject to suchconditions as may be prescribed by the Central Government, in order to promote innovation, research anddevelopment in the fields of vehicular engineering, mechanically propelled vehicles and transportation ingeneral, the Central Government may exempt certain types of mechanically propelled vehicles from theapplication of the provisions of this Act.]

(1) No person shall drive a motor vehicle in any public placeunless he holds an effective driving licence issued to him authorising him to drive the vehicle; and noperson shall so drive a transport vehicle [other than 1[a motor cab or motor cycle] hired for his own use orrented under any scheme made under sub-section (2) of section 75] unless his driving licence specificallyentitles him so to do. (2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructionsin driving a motor vehicle shall be such as may be prescribed by the Central Government.