About MOTOR VEHICLES LEGISLATION

ABOUT MOTOR VEHICLES LEGISLATION

We aim to explain about the Motor Vehicles Legislation and various Acts about the State road transport corporations in India which governs the Transport rules in their respective states.

Though governed individually by each state , the transport corporation follow certain rules and acts which are laid down by the Ministry of Road Transport and Highways.

We have tried to make it easy to understand the rules,process and procedures related to Transport in each state in this portal.

Transport wing of the Ministry of Road Transport & Highways is responsible for following legislation's: -

1.     Motor Vehicles Act, 1988.
2.     Central Motor Vehicles Rules, 1989.
3.     The Carriers Act, 1865.

The Motor Vehicles Act, 1988 has so far been amended three times in the years 1994, 2000 and 2001.

Amendment in the Motor Vehicles Act year 1994. This  included:

• Rationalization of the definition of the various categories of motor vehicles;
• Mandating of a minimum one year experience of driving a light motor vehicle before a person can be granted a licence for transport vehicle tightening of norms for drivers transporting dangerous or hazardous goods;
• Encouraging use of battery, CNG and solar energy as an auto fuel by exempting vehicles using such fuel from the requirement of permit or fixation of fare by the State Government;
• Empowering Central Government to make rule for standardizing    components in Motor Vehicles;
• Increasing the amount of compensation in the event of death from Rs. 25,000/- to Rs. 50,000/- in respect of no fault liability etc.

Amendment in the Motor Vehicles Act year 2000. This Included:

• Authorized use of LPG as an auto fuel.
• Buses used by educational institutions brought under the purview of permit regime.
• Alterations made in transport vehicle without prior approval of the Registering Authority were barred.

Amendment in the year Motor Vehicles Act 2001 was necessitated by:

• Need to bring the buses plying on CNG within the purview of State Transport Authority in respect of fixation of fares and route permits.

The Central Motor Vehicles Rules, 1989 have been amended from time to time to meet the emerging requirements:

• Amendment in the year 2004. Notified amendments include:
• Safety norms for various components of agricultural tractors such  as  power steering, lamps, light, parking light, etc.;
• Extension of Bharat Stage-II emission norms for four wheeled vehicles in Solapur & Lucknow from 1-6-2004;
• Specifications of smart card and related peripherals to be used for smart card based Driving Licence(DL) and Registration Certificate (RC); and
• Introduction of Bharat Stage-III emission norms in 11 mega cities from 1-4-2005.

Amendment in the Central Motor Vehicles Rules year 2005. Notified amendments include:

• Updation of the list of dangerous and hazardous goods in the Central Motor Vehicles Rules.
• The terms "Battery Operated Vehicle" and "Power Tiller" have been defined.
• The emission norms, overall dimension and other related norms for "Power Tiller" have been prescribed.
• Time limits for various functions discharged by Licencing & Registering authorities & Appellate authorities under the Motor Vehicles Acts/Rules have been specified.
• It has been made mandatory for the manufacturer to supply a protective headgear conforming to BIS Standards at the time of sale of the two wheelers, subject to the exceptions under Section 129 of Motor Vehicles Act, 1988.
• Type approval Rules for CNG/LPG vehicles have been rationalized.
• States have been empowered to prescribe special provisions such as fog lamp, power steering, defogging and demisting systems in transport vehicles plying in hill areas.

The Carriers Act, 1865 was enacted on 14-2-1865 regulating the liability of Carriers. The Act enabled common carriers to limit the liability for the loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents.  Since 1865 many changes have taken place and the Road Transport scenario has totally changed.

• A review of the Act has been done.
• A Bill to repeal the Carriers Act, 1865 and to enact the Carriage by Road Act, 2005 has been introduced in the Rajya Sabha on 7-12-2005.
• This legislation would help to make the transport system transparent and modernise the systems and procedures of the transportation trade through registration of common carrier and equitable apportionment of liability between the common carrier and the consignor.
• The Bill was referred to Ministry Related Parliamentary Standing Committee on Transport, Tourism and Culture.
• The Committee has submitted its report to Rajya Sabha on 21-3-2006.
• The recommendations of the Committee are under examination in the Ministry.

Source : Ministry of Road Transport and Highways