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| Home > Indian Bare Acts > THE MOTOR VEHICLES ACT, 1939 > CHAPTER VI CONTROL OF TRAFFIC |
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| THE MOTOR VEHICLES ACT, 1939 |
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Title : THE MOTOR VEHICLES ACT, 1939
Year : 1939
Act : CHAPTER VI
CONTROL OF TRAFFIC
71. Limits of speed.
71.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 fixed for the vehicle by or under
this Act or by or under any law for the time being in force:
Provided that such maximum speed shall in no case exceed the
maximum fixed for the vehicle in the Eighth Schedule.
(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 interests of public
safety or convenience or because of the nature of any road or bridge,
by notification in the Official Gazette, 1[and by causing appropriate
traffic signs to be placed or erected under section 75 at suitable
places,] fix such maximum speed limits as it thinks fit for motor
vehicles or any specified class 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:
1[Provided that where any 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.]
1[(3) Nothing in this Section shall apply to any vehicle
registered under section 39 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.)
72.
Limits of weight and limitations on use.
72.Limits of weight and limitations on use. (1) The State Government
may prescribe conditions for the issue of permits for 3[ heavy goods
vehicles or heavy passenger motor vehicles] by the State or Regional
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956 s. 63 (w.e.f. 16-2-1957).
2 Subs. by s. 64, ibid., for "heavy transport vehicles" (w.e.f.
16-2-1957).
3 Subs. by Act 47 of 1978, s. 29 (w.e.f. 16-1-1979).
------------------------------------------------------------------------
98.
Transport Authorities and may prohibit or restrict the use of such
vehicles in any area or route within the State.
(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-
(a) the unladen weight of which exceeds the unladen weight
specified in the certificate of registration of the vehicle,
or
(b) the laden weight of which exceeds the registered laden
weight specified in the certificate of registration, 2* * *
3* * * *
(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.
73.
Power to have vehicle weighed.
73.Power to have vehicle weighed. 4[(1)] Any person authorised
in this behalf by the State Government may, if he has reason to
believe that a goods vehicle or trailer is being used in contravention
of section 72, require the driver to convey the vehicle to a weighing
device, if any, within a distance of 5[2 kilometres] FROM any point on
the forward route or within a distance of 6[10 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 72 regarding weight, he may, by ORDER in writing, direct the
driver to convey the vehicle or trailer to the nearest place, to be
specified in the notice, where facilities exist for the storage of
goods, and not to remove the vehicle or trailer FROM that place until
the laden weight 7* * * has been reduced or the vehicle has otherwise
been treated so that it complies with section 72.
----------------------------------------------------------------------
1 Proviso omitted by Act 100 of 1956, s. 64 (w.e.f. 16-2-1957).
2 The word "or" omitted by s. 64, ibid. (w.e.f. 16-2-1957).
3 Cl. (c) omitted, by O., 64, ibid. (w.e.f. 16-2-1957).
4 S. 73 renumerated as sub-section (1) thereof by s. 65, ibid.
(w.e.f. 16-2-1957).
5 Subs. by Act 51 of 1960, s. 4, for "one mile" (w.e.f.
1-1-1961).
6 Subs by s. 4, ibid., for "five miles" (w.e.f. 1-1-1961).
7 The words "or axle weight" omitted by Act 100 of 1956, s. 65. (w.e.f 16-2-1957).
-------------------------------------------------------------------------
99.
1[(2) Where any excess goods are removed FROM any goods vehicle
or trailer for storage under sub-section (1) such person as may be
authorised in this behalf by the State Government shall cause a notice
in writing to be served on the owner of the vehicle or trailer, as the
case may be, requiring him to remove the goods within the time to be
specified in the notice and if the owner of the vehicle or trailer
refuses or fails to remove the goods within the time specified, the
authorised person may sell the goods by public auction and the balance
of the sale proceeds, after deducting therefrom the charges for the
storage of the goods and the costs incidental to the sale, shall be
paid to the owner of the vehicle or trailer, as the case may be:
Provided that where the excess goods removed are of a perishable
nature, the sale tan be held immediately after causing the notice to
be served on the driver of the vehicle or trailer.]
74.
Power to restrict the use of vehicles.
74.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 interests 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
of motor vehicles or the use of trailers either generally in a
specified area or on a specified road 2 [and when any such prohibition
or restriction is imposed, shall cause appropriate traffic signs to be
placed or erected under section 75 at suitable places:
Provided that where any prohibition or restriction under this
section is to remain in force for not more than one month, notifica-
tion 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.]
75.
Power to erect traffic signs.
75.Power to erect traffic signs.(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 3[bringing to public notice any speed limits fixed
under sub-section (2) of section 71 or any prohibitions or
restrictions imposed under section 74, or generally for the purpose
of] regulating motor vehicle traffic.
---------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 65 (w.e.f. 16-2-1957).
2 Added by s. 66, ibid. (w.e.f. 16-2-1957).
3 Ins. by s, 67, ibid, (w.e.f, 16-2-1957).
----------------------------------------------------------------------
100
(2) Traffic signs erected under sub-section (1) for any purpose
for which provision is made in the Ninth Schedule shall be of the size
colour and type and shall have the meanings set forth in the Ninth
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 Ninth 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 erected prior to the commencement of
this Act by any competent authority shall for the purposes of this Act
be deemed to be traffic signs erected under the provisions of sub-
section (1).
(4) A State Government may, by notification in the Official
Gazette, empower any District Magistrate or Superintendent of Police
1[(or, in the Presidency-towns, the 3[Chief Metropolitan Magistrate]
or the Commissioner 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 is in
his opinion so similar in appearance to a traffic sign as to be
Misleading.
2[(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 Ninth
Schedule in conformity with any international convention relative 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 Ninth Schedule shall be deemed to
be amended accordingly.]
-----------------------------------------------------------------------
1 Ins. by Act 20 of 1942, s. 17.
2 Ins. by Act 100 of 1956, s. 67 (w.e.f. 16-2-1957),
3 Subs. by Act 47 of 1978, s. 30 (w.e.f. 16-1-1979).
------------------------------------------------------------------------
101.
76.
Parking places and halting stations.
76.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.
77.
Main roads.
77.Main roads. 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 Ninth Schedule
designate certain roads as main roads for the purposes of the
regulations contained in the Tenth Schedule.
78.
Duty to obey traffic signs.
78.Duty to obey traffic signs. 1[(1)] Every driver of a motor
vehicle shall drive the vehicle in conformity with any indication
given by 2[a mandatory traffic sign] and in conformity with the
driving regulations set forth in the Tenth Schedule, and shall comply
with ail directions given him by any police officer for the time being
engaged in the regulation of traffic in any public place.
3 [(2) In this section "mandatory traffic sign" means a
traffic sign included in Part A of the Ninth 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) erected for the purpose of regulating motor vehicle
traffic under sub-section (1) of section 75.]
79.
Signals and signalling devices.
79.Signals and signalling devices. 4[ (1)] The driver of a motor
vehicle 5[with a right hand steering control] shall on the occasions
specified in the Eleventh Schedule make the signals specified therein:
Provided that the signal of an intention to turn to the right or
left or to stop may be given by a mechanical or an electrical device
of a prescribed nature affixed to the vehicle.
---------------------------------------------------------------------
1 S, 78 re-numbered As sub-section (1) thereof by Act 20 of
1942, s. 18.
2 Subs. by s. 18, ibid., for "a traffic sign included in Part A
of the Ninth Schedule."
3 Added by Act 20 to 1942, s. 18.
4 Re-numbered by Act 56 of 1969, s. 48 (w.e.f. 2-3-1970).
5 Ins. by s. 48, ibid. (w.e.f. 2-3-1970).
---------------------------------------------------------------------
102.
1[(2) In the case of a motor vehicle with a left hand steering
control, the signal of an intention to turn to the right or left of to
stop shall be given by a mechanical or an electrical device of a
prescribed nature affixed to the vehicle :
Provided that 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 spe-
cified therein, any such motor vehicle or class of such motor vehicles
FROM the operation of this sub-section for the purpose of plying in
that area or route.]
80.
Vehicles with left hand control.
80.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:
2 [Provided that 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 such motor vehicle or class of such motor
vehicles FROM the operation of this section for the purpose of plying
in that area or route.]
81. Leaving vehicle in dangerous position.
81.Leaving vehicle in dangerous position. No person in charge
of a motor vehicle shall cause or allow the vehicle or any trailer to
remain at rest on any road in such position or in such a condition or
in such circumstances as to cause or be likely to cause danger,
obstruction or undue inconvenience to other users of the road.
82.
Riding on running board.
82.Riding on running board.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.
3[82A.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 discharges the functions of a conductor and obtain from
such conductor or driver, as the case may be, a ticket for his
journey.
Explanation.-In this section.
(a) "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;
(b) "ticket" includes a single ticket, a return ticket or a
season ticket.]
83.
Obstruction of driver.
83.Obstruction of driver.No person driving a motor vehicle shall
allow any person to stand or sit or anything to[ be placed in such a
manner or position as to hamper the driver in his control of the
vehicle.
84.
Stationary vehicles.
84.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 drivers seat a person duly
licenced to drive the vehi-
----------------------------------------------------------------------
1 Ins. by Act 56 of 1969, s. 48 (w.e.f. 2-3-1970).
2 Ins. by s.49 ibid. (w.e.f. 2-3-1970).
3 Ins. by Act 47 of 1978, s. 31 (w.e.f. 16-1-1979).
-----------------------------------------------------------------------
103.
cles 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.
85.
Pillion riding.
85.Pillion riding. No driver of a two-wheeled motor cycle shall
carry more than one person in addition to himself on the cycle and no
such person shall be carried otherwise than sitting on a proper seat
securely fixed to the cycle behind the drivers seat.
3[85A.Wearing of protective head-gear. Every person driving or
riding (otherwise than in a side car) on a motor cycle of any class
shall, while in a public place, wear a protective headgear of such
description as may be specified by the Central Government by rules
made by it in this behalf, and different descriptions of headgears may
be specified in such rules in relation to different circumstances or
different class of motor cycles:
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 Central Government may, by such rules,
provide for such exceptions as it may think fit.
Explanation.-"Protective headgear" means a helmet which,-
(a) 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
(b) is securely fastened to the head of the wearer by means
of the straps or other fastenings provided on the headgear.]
86.
Duty to produce licence and certificate of registration.
86Duty to produce licence and certificate of registration. 4[(1)
The driver of a motor vehicle in any public place shall, on demand by
any police officer in uniform, produce his licence for examination:
Provided that the driver may, if his licence has been submitted
to, or has been seized by, any officer or authority under this or any
other Act, produce in lieu of the licence a receipt or other
acknowledgment issued by such officer or authority in respect thereof
and thereafter produce the licence within ten days at any police
station in India which he specifies to the police officer making the
demand.
(1A) The conductor, if any, of a motor vehicle in any public
place shall, on demand by any police officer in uniform, produce his
licence for examination.]
(2) The owner of a motor vehicle 1 [other than a vehicle
registered under section 39], or in his absence the driver or other
person in charge of the vehicle, shall on demand by a registering
authority or any person authorised in this behalf by the State
Government produce the certificate of registration of the vehicle and,
where the vehicle is a transport vehicle, the certificate of fitness
referred to in section 38.
(3) If the 4[licence referred to in sub-section (1A) or the
certificates referred to in sub-section (2), 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 licence or certificates within ten days at any
police station in 2[India) which he specifies 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 4*** to any person required to produce the certificate of
registration or the certificate of fitness of a transport vehicle,
87.
Duty of driver to stop in certain cases.
87.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 reasonably be necessary-
(a) when required to do so by any police officer in
uniform, or
(b) 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, or
-----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 68 (w.e.f. 16-2-1957).
2 Subs. by Act 3 of 1951, s. 3 and Sch., for "the States".
3 Ins. by Act 27 of 1977, s. 8 (w.e.f. ...........)
4 Subs. and Omitted by Act 47 of 1982, S. 10 (w.e.f. 1-10-1982).
]
----------------------------------------------------------------------
104.
(c) when the vehicle is involved in the occurrence of an
accident to a person, animal or vehicle or of damage to any
property, whether the driving or management of the vehicle
was or was not the cause of the accident or damage,
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 116, 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.
88.
Duty of owner of motor vehicle to give information.
88.Duty of owner of motor vehicle to give information. The owner
of a motor vehicle the driver 1[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 diligence be ascertained by him.
89.
Duty of driver in case of accident and injury to a person.
89.Duty of driver in case of accident and injury to a person.
When any person is injured 2[or any property of a third party is,
damaged,] as the 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) take all reasonable steps to secure medical attention
for the injured person, and, if necessary, convey him to the
nearest hospital, unless the injured person or his guardian,
in case he is a minor, desires 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 at the nearest police
station as soon as possible, and in any case within twenty-
four hours of the occurrence.
90.
Inspection of vehicle involved in accident.
90.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
----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s.69 (w.e.f. 16-2-1957).
2 Ins. by Act 56 of 1969, s. 50 (w.e.f. 2-3-1970).
------------------------------------------------------------------------
105.
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 without unnecessary delay.
91. Power to make rules.
91.Power to make rules. (1) The State Government may make rules
for the purpose of carrying INTO effect the provisions of this
Chapter.
(2)Without prejudice to the generality of the foregoing power,
such rules may provide for-
(a) the nature of the mechanical or electrical signalling
devices which may be used on motor vehicles;
(b) 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; (c) the
installation and use of weighing devices ;
1[(cc) the maintenance and management of godowns for the
storage of goods removed FROM over-loaded vehicles and the
fees, if any, to be charged for the use of such godowns ;]
(d) the exemption FROM all or any of the provisions of this
Chapter of Fire Brigade vehicles, ambulances and other
special classes of vehicle, subject to such conditions as may
be prescribed;
(e) the maintenance and management of parking places and
stands and the fees, if any, which may be charged for their
use ;
(f) prohibiting the driving down hill of a motor vehicle
with the gear disengaged either generally or in a specified
place ;
(g) prohibiting the taking hold of or mounting of a motor
vehicle in motion;
(h) prohibiting the use of foot-paths or pavements by motor
vehicles;
(i) 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
(j) any other matter which is to be or may be prescribed.
-----------------------------------------------------------------------
1 Ins. by Act 100 of 1956, s. 70 (w.e.f. 16-2-1957).
-----------------------------------------------------------------------
106.
CHAP
MOTOR VEHICLES TEMPORARILY LEAVING OR VISITING 1[INDIA]
Last updated on February, 2008
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