Indian Bare Acts

Search Alphabatically :

THE MOTOR VEHICLES ACT, 1939

Title : THE MOTOR VEHICLES ACT, 1939

Year : 1939



(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.)

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Proviso omitted by Act 100 of 1956, s. 64 (w.e.f. '16-2-1957).

-----------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The State Government may prescribe conditions for the issue of permits for 2*[ heavy goods vehicles or heavy passenger motor vehicles] by the State or Regional 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, 1* * * 2* * * *

(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.

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. The word "or" omitted by s. 64, ibid. (w.e.f. 16-2-1957).

2. Cl. (c) omitted, by O., 64, ibid. (w.e.f. 16-2-1957).

-------------------------------------------------------------------------------------------------------------------------------------------------------



1*[(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 2*[2 kilometres] from any point on the forward route or within a distance of 3*[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 4* * * has been reduced or the vehicle has otherwise been treated so that it complies with section 72.

5*[(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.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

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).

4. Subs. by s. 71, ibid, for certain original words (w.e.f. 16-2- 1957).

5. Ins. by Act 47 of 1982, S. 11 (w.e.f. 1.10. 1982),

--------------------------------------------------------------------------------------------------------------------------------------------------------



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, 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.]

---------------------------------------------------------------------------------------------------------------------------------------------------------

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).

---------------------------------------------------------------------------------------------------------------------------------------------------------



(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 1*[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. 
 
(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 2*[(or, in the Presidency-towns, the 4*[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.

1*[(5) No person shall willfully 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 s, 67, ibid, (w.e.f, 16-2-1957).

2. Ins. by Act 20 of 1942, s. 17.

3. Ins. by Act 100 of 1956, s. 67 (w.e.f. 16-2-1957).

4. Subs. by Act 47 of 1978, s. 30 (w.e.f. 16-1-1979).

--------------------------------------------------------------------------------------------------------------------------------------------------------



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.



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.



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.]

---------------------------------------------------------------------------------------------------------------------------------------------------------

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.

---------------------------------------------------------------------------------------------------------------------------------------------------------



1*[(1)] The driver of a motor vehicle 2*[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.

3*[(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.]

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Re-numbered by Act 56 of 1969, s. 48 (w.e.f. 2-3-1970).

2. Ins. by s. 48, ibid. (w.e.f. 2-3-1970).

3. Ins. by Act 56 of 1969, s. 48 (w.e.f. 2-3-1970).

-------------------------------------------------------------------------------------------------------------------------------------------------------



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:

1*[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.]

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by s.49 ibid. (w.e.f. 2-3-1970).

-----------------------------------------------------------------------------------------------------------------------------------------------------------



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.



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.

82A 1*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.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by Act 47 of 1978, s. 31 (w.e.f. 16-1-1979).

-------------------------------------------------------------------------------------------------------------------------------------------------------- 



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.



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 licenced to drive the vehi- 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.



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 driver's seat.

85A 1*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.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by Act 27 of 1977, s. 8 (w.e.f. ...........)

--------------------------------------------------------------------------------------------------------------------------------------------------------



3*[(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 3*[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 3*** to any person required to produce the certificate of registration or the certificate of fitness of a transport vehicle.

----------------------------------------------------------------------------------------------------------------------------------------------------------

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. Subs. and Omitted by Act 47 of 1982, S. 10 (w.e.f. 1-10-1982). ]

----------------------------------------------------------------------------------------------------------------------------------------------------------



(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

(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.



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.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1 Ins. by Act 100 of 1956, s.69 (w.e.f. 16-2-1957).

--------------------------------------------------------------------------------------------------------------------------------------------------------



When any person is injured 1*[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.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Ins. by Act 56 of 1969, s. 50 (w.e.f. 2-3-'1970).

--------------------------------------------------------------------------------------------------------------------------------------------------------
 


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 without unnecessary delay.
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).

 -----------------------------------------------------------------------
Last updated on August, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female