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THE MOTOR VEHICLES ACT, 1988

NO. 59 OF 1988

[14th October, 1988.]

An Act to consolidate and amend the law relating to motor vehicles.

BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows –

CHAPTER I

PRELIMINARY

1.         Short title, extent and commencement

(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  date1*  as  the  Central Government may,  by notification in the Official Gazette, appoint; and different dates may be appointed for different State and any reference in this  Act to  the commencement  of this Act shall, in relation to a State, be  construed as  a reference  to the coming into force of this Act in that State.

Definitions

2.         In this Act, unless the context otherwise requires –

(1)        ”area”,  in relation to any provision of this Act, means such area  as the  State Government  may, having  regard  to the requirements of  that provision,  specify by notification in the Official Gazette;

(2)        ”articulated vehicle” means a motor vehicle to which a semi trailer is attached;

(3)        ”axle  weight” means in relation to an axle of a vehicle the total  weight transmitted  by the  several 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  effect  that  a motor vehicle  has   been  duly   registered  in  accordance  with  the provisions of Chapter IV;

(5)        ”conductor”,  in relation  to a  stage carriage, means a person engaged  in collecting  fares from  passengers,regulating their entrance  into,  or  exit  from,  the  stage  carriage  and performing such other functions as may be prescribed;

(6)        ”conductor’s  licence” means  the licence  issued  by  a competent authority  under Chapter  III  authorising  the person specified therein to act as a conductor;

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1.   1. 1-7-1989, vide Notification No. S.O. 368(E), dated 22-5-1989, Gazette of India, Extra ordinary, 1989, Pt. II; Sec. 3(ii).

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(7)       ”contract  carriage” means  a motor  vehicle which  carries a  passenger or passenger or passengers for hire or reward and is engaged under a  contract, whether  expressed or  implied, for the use of such vehicle as  a whole  for the carriage of passengers mentioned therein and entered  into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf 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 contract anywhere during the journey, and includes –

(i)         a maxi cab; and

(ii)       a motor cab  notwithstanding that  separate fares  are charged for its passengers;

(8)        ”Dealer” includes a person who is engaged –

(a)        in the manufacture of motor vehicles; or

(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, the person who acts as a steersman of the drawn vehicle;

(10)      ”driving  licence” means  the licence  issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;

(11)      ”educational  institution bus”  means an  omnibus, which  is owned by  a college,  school or other educational institution and used solely for  the purpose  of transporting  students  or  staff  of  the educational institution 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;

(13)      ”goods”  includes  live-stock,  and  anything  (other  than equipment ordinarily  used with  the vehicle)  carried  by  a vehicle except living  persons, but  does  not  include  luggage  or  personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;

(14)       ”goods  carriage” means  any motor  vehicle  constructed  or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods;

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1.   Omitted by Act 54 of 1994, s. 2 9w.e.f. 14-11-1994).

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(15)       ”gross vehicle weight”  means in respect of any vehicle the total weight  of the  vehicle and load certifiedand 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  tractor or  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 or educational institution bus or omnibus the  gross vehicle  weight of any of which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;

(18)      ”invalid carriage” means a motor vehicle specially designed and constructed,  and not  merely, adapted,  for the use of  a person suffering from  some physical defect or disability, and used solely by or for such a person;

(19)      ”learner’s licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive as  a learner,  a motor  vehicle  or  a  motor  vehicle  of  any specified class or description;

(20)      ”licensing authority” means an authority empowered to issue licences under Chapter II or, as the case may be, Chapter III;

(21)      ”light  motor vehicle”  means a transport vehicle or omnibus the gross  vehicle weight of either of which or a motor car or tractor or road-roller  the unladen  weight of  any of  which, does not exceed 7,500 kilograms;

(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 heavy goods vehicle;

(24)      ”medium  passenger motor  vehicle” means  any public service vehicle or  private service  vehicle, or  educational institution  bus other than  a motor  cycle, invalid  carriage, light  motor vehicle or heavy passenger motor vehicle;

(25)      ”motorcab” means any motor vehicle constructed or adapted to carry not  more than  six passengers 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  invalid carriage;

(27)      ”motor  cycle” means  a two-wheeled motor vehicle, inclusive of any  detachable side-car  having an  extra wheel,  attached to  the motor vehicle;

(28)      ”motor   vehicle”  or   ”vehicle”  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 and a trailer; 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  thirty-five  cubic centimetres;

(29)      ”omnibus”  means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;

(30)      ”owner”  means a person in whose name a motor vehicle stands registered, and  where such  person is  a minor,  the guardian of such minor, and  in relation  to a  motor vehicle which is the subject of a hire-purchase, agreement,  or an agreement of lease or an agreement of hypothecation, the  person in  possession of  the vehicle  under  that agreement;

(31)       ”permit”  means a  permit issued  by  a  State  or  Regional Transport Authority  or an  authority prescribed  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  six persons excluding the driver and ordinarily used  by or  on behalf of the owner of such vehicle for the purpose of  carrying persons  for, or in connection with, his trade or business otherwise  than for  hire or  reward 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  which the  public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;

(35)       ”public  service vehicle”  means any  motor vehicle  used or adapted to  be used for the carriage of passengers for hire or reward, includes  a maxicab,  a motor cab,  contract  carriage,  and  stage carriage;

(36)       ”registered axle weight” means in respect of the axle of any vehicle, the  axle weight  certified and registered by the registering authority as permissible for that axle;

(37)       ”registering authority” means  an  authority  empowered  to register motor vehicles under Chapter IV;

(38)       ”route”  means a  line of travel which specifies the highway which may  be traversed  by a  motor vehicle  between one terminus and another;

(39)       ”semi-trailer”  means a trailer drawn by a motor vehicle and so constructed  that a  part of  it is super-imposed on, and a part of its weight is borne by, the drawing vehicle;

(40)      ”stage carriage”  means  a  motor  vehicle  constructed  or adapted to  carry more  than six  passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, for the whole journey or for stages of the journey;

(41)      ”State  Government” in  relation to  a Union territory means the  Administrator   thereof  appointed   under  article 239  of  the Constitution;

(42)      ”State   transport undertaking” means any undertaking providing road transport service, where such 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 Transport  Corporations Act, 1950; (64 of 1950.)

(iii)        any  municipality or  any corporation or company owned or controlled  by the  Central Government  or one  or more  State Governments, or  by the  Central Government and one or more State Governments.

Explanation.–For the purposes of this clause, “road transport service” means a service of motor vehicles carrying passengers or goods or both by road for hire or reward;

(43)       ”tourist  vehicle” means  a contract carriage constructed or adapted  and   equipped and maintained in 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  than equipment  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  or  other  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 be drawn by a motor vehicle;

(47)       ”transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;

(48)       ”unladen weight” means  the weight  of a vehicle or trailer including all  equipment ordinarily  used with  the vehicle or trailer when working,  but excluding  the weight of a driver or attendant; and where alternative  parts or  bodies are used the unladen weight of the vehicle means  the weight  of  the  vehicle  with  the  heaviest  such alternative part or body;

(49)       ”weight”  means the  total weight  transmitted for  the time being by  the wheels  of a vehicle to the surface on which the vehicle rests,

CHAPTER XII

CLAIMS TRIBUNALS

165.Claims Tribunals.

(1)A State Government may, by notification in the Official Gazette, constituteone ormore Motor Accidents Claims Tribunals (hereafterin this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose ofadjudicatinguponclaims for compensationin respect ofaccidents involvingthe deathof, orbodily injuryto, persons arisingout ofthe useof motor vehicles, or damages to any property of a third party so arising, or both.

Explanation.– For the removal ofdoubts, itis hereby declared that theexpression “claimsfor compensation in respect of accidents involving thedeath of or bodily injury to persons arising out of the use ofmotor vehicles” includes claims for compensation under section 140.

(2)A Claims Tribunal shall consist of such number of members as the State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof.

(3)A person shall not be qualified for appointment as a member of a Claims Tribunal unless he

(a)is, or has been, a Judge of a High Court, or

(b)is, or has been, a District Judge, or

(c)is qualified for appointment as a Judge of a High Court.

(4)Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.

Application for compensation

1
166.(1)An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made

(a)by the person who has sustained the injury; or

(b)by the owner of the property; or

(c)where death hasresulted fromthe accident, by all or any of the legal representatives of the deceased; or

(d)by any agentduly authorisedby the person injured or all orany ofthe legal representatives of the deceased, as the case may be:

Provided that where all the legal representatives of the deceased havenotjoinedinanysuchapplication forcompensation,the application shallbe madeon behalf of or for the benefit of all the legal representativesof thedeceased andthe legal representatives who havenot sojoined, shallbe impleadedas respondentstothe application.

(2)Every application under sub-section (1) shall be made to the Claims Tribunal having jurisdiction over the area in which the accident occurred, and shall be in such form and shall contain such particulars as may be prescribed:

Provided that where any claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.

(3)No application for such compensation shall be entertained unless it is made within six months of the occurrence of the accident:

Provided thatthe ClaimsTribunal may entertain the application after theexpiry ofthe said period of six months but not later than twelve months,if it is satisfied that the applicant was prevented by sufficient cause from making the application in time.

(4)Wherea policeofficer hasfiledacopyofthereport regarding anaccident to a Claims Tribunal under this Act, the Claims Tribunal may,if it thinks necessary so to do, treat the report as if it were an application for compensation under this Act.

167.Option regarding claims for compensation in certain cases.

Notwithstanding anything contained in the Workmen’s Compensation Act, 1923, (8 of 1923.) where the death of, or bodily injury to, any person gives rise to a claim for compensation under this Act and also under the Workmen’s Compensation Act, 1923, the person entitled to compensation may without prejudice to the provisions of Chapter X claim such compensation under either of those Acts but not under both.

168.Award of the Claims Tribunal.

(1)On receipt of an application for compensation made under section 166,the Claims Tribunal shall,after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard,hold aninquiry intothe claim or, as the case may be, each ofthe claimsand, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to ittobejustandspecifyingthe person orpersons to whom compensation shall be paid and in making the award the Claims Tribunal shall specifythe amountwhich shall be paid by the insurer or owner or driverof the vehicle involved in the accident or by all or any of them, as the case may be:

Provided that where such application makes a claim for compensation undersection 140in respectof the death or permanent disablement ofany person,such claimand anyother claim (whether made insuch applicationor otherwise) for compensatin in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X.

(2)The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.

(3)When an awardis made under this section, the person who is required to pay any amount in terms of such award shall, within thirty days of the date of announcingthe awardby the Claims Tribunal, deposit theentire amountawardedinsuch mannerastheClaims Tribunal may direct.

Procedure and powers of Claims Tribunals

169.(1)In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.

(2)The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974.)

(3)Subject to any rules that may bemade in this behalf, the Claims Tribunalmay, for the purposeof adjudicating upon any claim for compensation,chooseone or more personspossessing special knowledge of any matterrelevant to the inquiryto assist it in holding the inquiry.

170.Impleading insurer in certain cases.

Where in the course of any inquiry, the Claims Tribunal is satisfied that

(a)there is collusionbetween the person making the claim and the person against whom the claim is made, or

(b)the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, thatthe insurerwho maybe liablein respect of such claim, shallbe impleadedas aparty to the proceeding and the insurer so impleaded shall thereupon have, without prejudice to the provisionscontained insub-section (2) of section 149, the right tocontest the claim on all or any of the grounds that are available to the person against whom the claim has been made.

171.Award of interest where any claim is allowed.

Where any Claims Tribunal allows a claim for compensation made under this Act, such Tribunal may direct that in additionto theamount of compensation simpleinterest shall also be paid at such rate and from such datenot earlierthan thedate ofmaking theclaim as it may specify in this behalf.

172.Award of compensatory costs in certain cases.

(1)Any Claims Tribunal adjudicating upon any claim for compensation under this Act, may in any case where it is satisfied for reasons to be recorded by it in writing that

(a)the policy ofinsurance is void on the ground that it was obtainedby representationof factwhich wasfalse in any material particular, or

(b)any party or insurer has put forward a falseor vexatious claim or defence, such Tribunal may make an order for the payment, by the party who the insureror, asthe casemay be,to the party against whom such claim or defence has been put forward.

(2)No Claims Tribunal shall pass an order for special costs under sub-section (1) for any amount exceeding one thousand rupees.

(3)No person or insurer againstwhom anorder hasbeen made under thissection shall,by reasonthereof be exemptedfromany criminal liabilityin respectof suchmis-representation, claimor defence as is referred to in sub-section (1).

(4)Any amount awarded by way of compensation under this section in respect of any mis-representation, claim or defence, shall be taken into account in any  subsequent suit for damages for compensation in respect of such mis-representation, claim or defence.

Appeals

173.(1)Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court:

Provided thatno appeal by the person who is required to pay any amount interms ofsuch award shall be entertained by the High Court unless hehas depositedwith it twenty-five thousand rupees or fifty per cent. of the amount so awarded, whichever is less, in the manner directed by the High Court:

Provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.

(2)No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees.

174.Recovery of money from insurer as arrear of land revenue.

Where any amount isdue fromany personunder an award, the Claims Tribunal may,on anapplication made to it by the person entitled to the amount,issue acertificate forthe amount to the Collector and the Collectorshall proceed to recover the same in the same manner as an arrear of land revenue.

175.Bar on jurisdiction of Civil Courts.

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court.

176.Power of State Government to make rules.

A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely

(a)the form of application for claims for compensation and the particularsit may contain, and the fees, if any, to be paid in respect of such applications;

(b)the procedure tobe followedby aClaims Tribunal in holding an inquiry under this Chapter;

(c)the powers vested in a Civil Court which may be exercised by a Claims Tribunal;

(d)the form andthe manner in which and the fees (if any) on paymentof whichan appeal may be preferred against an award of a Claims Tribunal; and

(e)any other matter which is to be, or may be, prescribed.

CHAPTER XIII

OFFENCES, PENALTIES AND PROCEDURE

177.General provision for punishment of offences.

Whoever contravenes any provision of this Act or of any rule, regulation or notification made thereunder shall, if no penalty is provided for the offence be punishable for the first offence with fine which may extend to one hundred rupees, and for any second or subsequent offence with fine which may extend to three hundred rupees.

178.Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc.

(1)Whoever travels in a stage carriage without having a proper pass or ticket with him or being in or having alighted from a stage carriagefails or refuses to present for examination orto deliverup hispass orticket immediately on a requisition being made therefore, shall be punishable with fine which may extend to five hundred rupees.

Explanation.– In this section, “pass” and “ticket” have the meanings respectively assigned to them in section 124.

(2)If the conductor of a stage carriage, or the driver of a stage carriage performing the functions of a conductor in such stage carriage, whose duty is

(a)to supply aticket toa persontravelling in a stage carriage onpayment offare bysuch person, either wilfully or negligently

(i) failsor refuses to accept the fare when tendered, or

(ii) fails or refuses to supply a ticket, or

(iii)supplies an invalid ticket, or

(iv)supplies a ticket of a lesser value, or

(b)tocheckanypassorticket,eitherwilfullyor negligently failsor refusesto doso, heshall be punishable with fine which may extend to five hundred rupees.

(3)If the holderof apermit orthedriverofacontract carriage refuses,in contraventionof theprovisions of this Act or rules madethereunder, toply thecontract carriage or to carry the passengers, he shall

(a)inthecaseoftwo-wheeledorthree-wheeledmotor vehicles, bepunishable withfine whichmayextend tofifty rupees; and

(b)in any othercase, bepunishable withfine which may extend to two hundred rupees.

Disobedience of orders, obstruction and refusal of information

179.(1) Whoever wilfully disobeys any direction lawfully given by any person or authority empowered under this Act to give such direction, or obstructs any person or authority in the discharge of any functions which such person or authority is required or empowered under this Act to discharge, shall, if no other penalty is provided for the offence be punishable with fine which may extend to five hundred rupees.

(2)Whoever,being requiredby orunder this Act to supply any information, wilfullywithholds such information or gives information which heknows tobe falseor which he does not believe to be true, shall, ifno other penalty is provided for the offence, be punishable with imprisonmentfor aterm whichmay extend to one month, or with fine which may extend to five hundred rupees, or with both.

180.Allowing unauthorised persons to drive vehicles.

Whenever, being the owner or person in charge of a motor vehicle, causes, or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

181.Driving vehicles in contravention of section 3 or section 4.

Whoever, drivesa motorvehicle incontravention ofsection3or section 4shall bepunishable with imprisonment for a term which may extend tothree months, or with fine which may extend to five hundred rupees, or with both.

182.Offences relating to licences.

(1)Whoever, being disqualified under this Act for holding or obtaining a driving licence drives amotor vehiclein a public placeor in any other place, or applies foror obtainsa drivinglicence or,not being entitled to have adriving licence issued to him free of endorsement, applies for or obtainsa drivinglicence without disclosing the endorsement made on adriving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees or with both, and any driving Licence so obtained by him shall be of no effect.

(2)Whoever,being disqualifiedunder thisAct forholding or obtaining aconductor’s licence,acts asaconductorof astage carriage ina publicplace orapplies foror obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him freeof endorsement, applies for or obtains a conductor’s licence without disclosingthe endorsementsmade onaconductor’slicence previously heldby him,shall bepunishable with improsonment for a term whichmay extendto one month, or with fine which may extend to one hundredrupees, orwith both,and anyconductor’slicenceso obtained by him shall be of no effect.

183.Driving at excessive speed, etc.

(1)Whoever, drives a motor vehicle in contravention of the speed limits referred to in section 112 shall be punishable with fine which may extend to four hundred rupees, or,if havingbeen previouslyconvicted of an offence under this sub-sectionis againconvicted of an offenceunder thissub-section, with fine which may extend to one thousand rupees.

(2)Whoever,causes anyperson whois employedby himoris subject tohis control in driving to drive a motor vehicle in contravention ofthe speed limits referred to in section 112 shall be punishable with fine which may extend to three hundred rupees, or, if having been previously convicted of an offence under this sub-section, againconvicted ofan offenceunder thissub-section, with fine which may extend to five hundred rupees.

(3)No person shall be convicted of an offence punishable under sub-section (1)solely onthe evidenceof one witness to the effect that inthe opinion of the witness such person was driving at a speed which wasunlawful, unlessthat opinion is shown to be based on an estimate obtained by the use of some mechanical device.

(4)The publication of a time table under which, or the giving of any directionthat, anyjourney orpartof a journeyis tobe completed withina specifiedtime shall,if inthe opinionof the Court itis not practicable in the circumstances of the case for that journey orpart ofa journeyto becompleted in the specified time without contraveningthe speedlimits referredto in section 112 be prima facieevidence thatthe person who published the time table or gave the direction has committed anoffence punishableundersub-section (2)

Driving dangerously

184.Whoever, drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to allthe circumstancesof case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall bepunishable forthe firstoffencewith imprisonment fora termwhich may extend to sic months, or with fine which mayextend toone thousandrupees, andforanysecondor subsequent offenceif committedwithin three years of the commission of aprevious similaroffence with imprisonment for a term which may extend totwo years,or withfine whichmay extend to two thousand rupees, or with both.

185.Driving by a drunken person or by a person under the influence of drugs.

Whoever, while driving, or attempting to drive, a motor vehicle

(a)has,in hisblood, alcoholin any quantity, howsoever small the quantity may be, or

(b)is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

shall be punishable for the first offence with imprisonment for a term which mayextend tosix months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, committedwithin threeyears of the commissionof theprevious similar offence, with imprisonment for term which may extend totwo years,or with fine which may extend to three thousand rupees, or with both.

Explanation.–For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

186.Driving when mentally or physically unfit to drive.

Whoever drives a motor vehicle in any public place when he is to his knowledge suffering fromany diseaseor disability calculatedtocausehis driving ofthe vehicleto be a source of danger to the public, shall be punishablefor the first offence with fine which may extend to two hundred rupeesand for a second or subsequent offence with fine which may extend to five hundred rupees.

187.Punishment for offences relating to accident.

Whoever fails to complywith theprovisions ofclause (c)of sub-section(1) of section 132or of section 133 or section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which mayextend tofive hundred rupees, or with both or, if having been previouslyconvicted ofan offenceunder thissection, he is again convictedof anoffence underthis section, with imprisonment for aterm whichmay extendto sixmonths, orwith fine which may extend to one thousand rupees, or with both.

188.Punishment for abetment of certain offences.

Whoever abets the commission of an offence under section 184, section 185 or section 186 shall be punishable with the punishment provided for the offence.

189.Racing and trails of speed.

Whoever without the written consent of the State Government permits or takes part in a race or trial ofspeed of any kind between motor vehicles in any public place shall bepunishable withimprisonment for a term which may extend to six months,or withfine which may extend to five hundred rupees, or with both.

Using vehicle in unsafe condition

190.(1)Any person who drives or causesor allowsto be driven in any public place a motor vehicle or trailer while thevehicle ortrailer hasany defect, which such person knowsof orcould have discovered by the exercise of ordinary care andwhich iscalculated torender the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable withfine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury ordamage toproperty, with imprisonment for a term which may extend tothree monthsor with fine which may extend to one thousand rupees, or with both.

(2)Any person whodrives orcauses or allows to be driven, in any publicplaceamotorvehicle,whichviolatesthe standards prescribed inrelation toroad safety,control ofnoiseandair-pollution, shallbe punishablefor thefirst offence with a fine of one thousandrupees andfor anysecond or subsequent offence with a fine of two thousand rupees.

(3)Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence which may extend to three thousand rupees, or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with both.

191.Sale of vehicle in or alteration of vehicle to condition contravening this Act.

Whoever being an importer of or dealer in motor vehicles, sells or delivers or offers to sell or deliver a motor vehicle ortraller in such condition that the use thereof in a public place wouldbe incontravention ofChapter VIIoranyrulemade thereunder or alters the motor vehicle or trailer so as to render its condition such that its use in a public placewould be in contravention of Chapter VII or any rule made thereunder shall be punishable with fine which may extend to five hundred rupees:

Provided thatno person shall be convicted under this section if he provesthat hehad reasonablecause tobelieve that the vehicle would notbe usedin apublic placeuntil ithad beenput into a condition in which it might lawfully be so used.

192.Using vehicle without registration or permit.

(1)Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of section 39 or without the permit required by sub-section (1) of section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used or to the maximum number of passengers and maximum weight of luggage that may be carried on the vehicle, shall be punishable for the first offence with fine which may extendto twothousand rupeesand for any second or subsequent offence with imprisonment which may extend to six months or with fine which may extend to three thousand rupees, or with both.

(2)Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical the Regional Transport Authority within seven days from such use.

(3)Wherea person is convicted of an offence under this section the Courtby whichsuch personis convicted may, in addition to any sentence which may be passed under sub-section (1) by order

(a)if the vehicle used in the commission of the offence is a motor car, suspend its certificate of registration for a period not exceeding four months;

(b)if the vehicle used in the commission of the offence is atransportvehicle, suspenditspermit for a period not exceeding six months or cancel it.

(4)TheCourt towhich anappeal liesfrom anyconviction in respect ofan offenceof the nature specified in sub-section (1) may set asideor varyany order of suspension or cancellation made under sub-section (3)by theCourt belowand the Court, to which appeals ordinarily liefrom theCourt below,may set aside or vary any such order of suspension orcancelation madeby theCourt below,notwithstanding that noappeal liesagainst theconviction in connection with which such order was made.

193.Punishment of agents and canvassers without proper authority.

Whoeverengageshimselfasanagentorcanvasserin contravention ofthe provisionsof section93 orof any rules made thereunder shallbe punishablefor the first offence with fine which may extendto onethousand rupeesand forany second or subsequent offence with imprisonment which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

Driving vehicle exceeding permissible weight

194.(1) Whoever drives a motor vehicleor causesor allowsa motor vehicle tobe driven incontravention ofthe provisionsof section113 or of the conditions prescribedunder thatsection orin contravention of any prohibition or restriction imposedunder section113 or section 115 shall bepunishable forthe first offence with fine which may extend to two thousand rupees, and for any second or subsesquent offence with fine which may extend to five thousand rupees.

(2)Any driver of a vehicle who refuses to stop and submit his vehicle to weighing afterbeing directedto dosobyan officer authorised inthis behalfunder section 114 or removes or causes the removal of the load or part of it prior to weighingshall be punishable with fine which may extend to three thousand rupees.

195.Imposition of minimum fine under certain circumstances.

(1)Whoever havingbeen convictedof anoffence underthis Actor the rules made thereunder commits a similar offence on a second or subsequent occasionwithin three yearsofthecommissionofthe previous offence, no court shall, except for reasons to be recorded by it inwriting, imposeon him a fineof less than one-fourth of the maximum amount of the fine impossible for such offence.

(2)Nothing in sub-section (1) shall be construed as restricting the power of the court from awarding such imprisonment as it considers necessary in the circumstances of the case not exceeding the maximum specified in this Act in respect of that offence.

196.Driving uninsured vehicle.

Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven in contravention of the provisions of section 146 shall be punishable with imprisonment which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

197.Taking vehicle without authority.

(1)Whoever takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees, or with both.

Provided that no person shall be convicted under this section if the Court is satisfied that such person acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefore.

(2)Whoever, unlawfully byforce or threat offorce or by any other formof intimidation,seizes orexercises controlof a motor vehicle, shallbe punishablewith imprisonmentwhich mayextend to three months, or with fine which may extend to five hundred rupees, or with both.

(3)Whoever attempts tocommit anyof theacts referred to in sub-section (1)or sub-section(2) in relation to any motor vehicle, abetsthe commission of any such act, shall also be deemed to have committed anoffence undersub-section (1)or, asthe case may be, sub-section (2).

198.Unauthorised interference with vehicle.

Whoever otherwise than with lawful authority or reasonable execuse enters or mounts any stationary motor vehicle or tampers with the brake or any part of the mechanism of a motor vehicle shall be punishable with fine which may extend to one hundred rupees.

199.Offences by companies.

(1)Where an offence under this Act has beencommitted bya company,every personwho atthe time the offence wascommitted, wasin charge of, and was responsible to, the company, forthe conductof thebusiness of the company, as well as the company,shall bedeemed tobe guiltyof the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that nothing inthis sub-section shall render any such person liableto any punishment providedin thisAct, if he proves that theoffence wascommitted withouthisknowledgeorthathe exercised all due diligence to prevent the commission of such offence.

(2)Notwithstanding anything contained in sub-section (1), where an offenceunder thisAct has been committed by a company, and it is proved thatthe offence was committed with the consent or connivance of, or is attributable to any neglect onthe part of any director, manager, secretary or other officer ofthe company,such director, manager, secretary or other officer shall also be deemed to be guilty of thatoffence andshall beliable tobeproceededagainstand punished accordingly.

Explanation–For the purposes of this section

(a)”company” means any body corporate and includes a firm or other association of individuals; and

(b)”Director”, in relation to afirm, means a partner in the firm.

Composition of certain offences

200.(1)Any offence whether committed beforeor afterthe commencementof thisActpunishable under section 177, section 178, section 179, section 180, section 181, 182,sub-section (1)orsub-section(2) of section 183, section 184, section 186,section 189,section 191,section 192, section 194, section 196 or section 198 may either before or after the institution ofthe prosecution,be compoundedby suchofficersor authorities andfor suchamount astheStateGovernment may,by notification in the Official Gazette, specify in this behalf.

(2)Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of such offence.

201.Penalty for causing obstruction to free flow of traffic.

(1)Whoever keepsa disabledvehicle onany publicplace,insucha manner, soas tocause impediment to the free flow of traffic, shall be liablefor penaltyup tofifty rupeesper hour,so longas it remains in that position:

Provided that the vehicle involved in accidents shall be liable for penalty only from the time of completion of inspection formalities under the law.

(2)The penalties under this section shall be recoverable by the prescribed officers or authorities.

202.Power to arrest without warrant.

(1)A police officer in uniform mayarrest withoutwarrant anyperson whoin hispresence commits anoffence punishableunder section184 orsection 185or section 197:

Provided thatany personsoarrestedinconnectionwithan offence punishableunder section185 shall,within two hours of his arrest, besubjected to a medical examination referred to in sections 203 and 204 by a registeredmedical practitionerfailing whichhe shall be released from custody.

(2)A police officer in uniform may arrest without warrant

(a)anyperson whobeing requiredunder the provisions of this Actto give his name and address refuses to do so, or gives a nameor address which the police officer has reason to believe to be false, or

(b)anyperson concernedin anoffence underthis Act or reasonably suspectedin havebeen soconcerned ifthepolice officer hasreason tobelieve that he will abscond or otherwise avoid the service of a summons.

(3)A police officer arresting without warrant the driver of a motor vehicle shall if the circumstances so require take or cause to be taken any steps he may consider proper for the temporary disposal of the vehicle.

DEAR STUDENTS/TEENS/AND CITIZENS – NEVER DARE TO DRIVE A VEHICLE WITHOUT VALID LICENSE AND INSURANCE :

Consequences of not having License/Vehicle Insurance :

Owner Driving/ owner allowing others to drive a Motor Vehicle without valid license and Vehicle Insurance is a punishable Offense. Likewise Registration of the Vehicle is also mandatory.

In case any Motor vehicle Accident takes place – and the vehicle without Insurance – and the Driver without valid license – result will be the Insurance Company is not liable to pay the Compensation to the injured or the dead for the damages/loss caused! consequently owner and the driver will be held liable to pay – usually compensation will be lakhs together – it will be a financial ruin for the owner of the vehicle in many cases!

Following are the types of Vehicles to which licenses are issued :

1. Motor Cycle without Gear

2. Motor Cycle with Gear

3. Handicap – Vehicle

4. Light Motor Vehicle – (vehicle having a total weight-below 7,500 kgs )
i.e. Car,Jeep,Tractor,Omnibus etc.

5. Transport Vehicle

6.Road Rollers

A person is only entitled to drive the type of Vehicle to which he/she has got the License.

AGE – ELIGIBILITY

Persons between 16 years and 18 years – eligible only to drive Motor Cycle without gear after obtaining a Learning License – which will be issued in the Regional Transport Office of concerned Area – with the permission/consent of the parent.

Persons Above 18 years are eligible to drive Light Motor Vehicles like Car,Jeep,Tractor etc.

Persons Above 20 years are eligible to take License even for driving Transport Vehicles.

How to Apply for Learning License :

Need to fill in the Application( format available) and submit the Application for L.L. before the R.T.O. concerned. And also the application need to be accompanied with the following documents:
1. Address Proof – eg.Ration Card/Voters List/Voter ID/letter from Tahsildar(any one of these).
2. Date of Birth Proof – Date of Birth Certificate/Pass Port/Affidavit/In case of Transport Vehicle -Doctor’s Certificate.(any one of these)

3. Pass Port size Photographs – 4 Nos

The candidate should be thorough with the Traffic Rules- Signals etc. – After conducting a Test and if the performance is satisfactory the RTO will issue L.L. which will be valid upto six months from the date of issue.

If you need to apply for Transport Vehicle(HTV) License the precondition is that you need to have atleast one year valid Light Motor Vehicle License prior to the date of application.

How to get a Permanent License?

After the expiry of (six months) Learning License- Candidate need to submit application in a (format available) for issue of Permanent License – Need to take written examination – for this one need know the Motor Vehicle Traffic Rules & Regulation/Signals etc.

License Validity :

Transport Vehicles License – Need to be Renewed once in 3 years

Other than Transport Vehicles – After the expiry of 20 years from the date of issue or when the License holder attains 50 years whichever is early – Thereafter once in five years Licence has to be Renewed.

All types of Permanent License will be valid up to 30 days after the expiry.

SO HURRY UP TO HAVE A VALID LICENSE!

Useful Links:

• Vakilno1.comaccident qnts

• mass.org.uk

• Vakilno1.comaccident qnts

• mass.org.uk

/Comment/Criticism/Compliment are key to Growth/

CHAPTER III

LICENSING OF CONDUCTORS OF STAGE CARRIAGES

29. Necessity for conductor’s license.

(1) No person shall act as a conductor of a stage carriage unless he holds an effective conductor’s license issued to him authorising him to act as such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage.

(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as a conductor for a period not exceeding one month.

30. Grant of conductor’s licence.

(1) Any person who possesses such minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) of section 31 and who is not for the time being disqualified for holding or obtaining a conductor’s licence may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him of a conductor’s licence.

(2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed.

(3) Every application for a conductor’s licence shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall also be accompanied by two clear copies of a recent photograph of the applicant.

(4) A conductor’s licence issued under this Chapter shall be in such form and contain such particulars as may be prescribed and shall be effective throughout the State in which it is issued.

(5) The fee for a conductor’s licence and for each renewal thereof shall be one-half of that for a driving licence.

Disqualifications for the grant of conductor’s licence

31. (1) No person under the age of eighteen years shall hold, or be granted, a conductor’s licence.

(2) The licensing authority may refuse to issue a conductor’s licence –

(a) if the applicant does not possess the minimum educational qualification;

(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and

(c) if any previous conductor’s licence held by the applicant was revoked.

32. Revocation of a conductor’s licence on grounds of disease or disability.

A conductor’s licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence and where the authority revoking a conductor’s licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence:

Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.

33. Orders refusing, etc, conductor’s licences and appeals there-from.

(1) Where a licensing authority refuses to issue or renew, or revokes any conductor’s licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

34. Power of licensing authority to disqualify.

(1) If any licensing authority is of opinion that it is necessary to disqualify the holder of a conductor’s licence for holding or obtaining such a licence on account of his previous conduct as a conductor, it may, for reasons to be recorded, make an order disqualifying that person for a specified period, not exceeding one year, for holding or obtaining a conductor’s licence:

Provided that before disqualifying the holder of a licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.

(2) Upon the issue of any such order, the holder of the conductor’s licence shall forthwith surrender the licence to the authority making the order, if the licence has not already been surrendered, and the authority shall keep the licence until the disqualification has expired or has been removed.

(3) Where the authority disqualifying the holder of a conductor’s licence under this section is not the authority which issued the licence, it shall intimate the fact of such disqualification to the authority which issued the same.

(4) Any person aggrieved by an order made under sub-section (1), within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

Power of Court to disqualify

35. (1) Where any person holding a conductor’s licence is convicted of an offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorised by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor’s licence.

(2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

36. Certain provisions of Chapter II to apply to conductor’s licence.

The provisions of sub-section (2) of section 6, sections 14, 15 and 23, sub-section (1) of section 24 and section 25 shall, so far as may be, apply in relation to a conductor’s licence, as they apply in relation to a driving licence.

37. Savings.

If any licence to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, notwithstanding such commencement, for the period for which it would have been effective, if this Act had not been passed, and every such licence shall be deemed to be a licence issued under this Chapter as if this Chapter had been in force on the date on which that licence was granted.

38. Power of State Government to make rules.

(1) A 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 appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities under this Chapter;

(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29;

(c) the minimum educational qualifications of conductors; their duties and functions and the conduct of persons to whom conductor’s licences are issued;

(d) the form of application for conductor’s licences or for renewal of such licences and the particulars it may contain;

(e) the form in which conductor’s licences may be issued or renewed and the particulars it may contain;

(f) the issue of duplicate licences to replace licences lost, destroyed or mutilated, the replacement of photographs which have become obsolete and the fees to be charged therefore;

(g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees: Provided that no fee so fixed shall exceed twenty-five rupees;

(h) the badges and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges;

(i) the grant of the certificates referred to in sub-section (3) of 30 by registered medical practitioners and the form of such certificates;

(j) the conditions subject to which, and the extent to which, a conductor’s licence issued in another State shall be effective in the State;

(k) the communication of particulars of conductor’s licences from one authority to other authorities; and

(l) any other matter which is to be, or may be, prescribed.

CHAPTER V

CONTROL OF TRANSPORT VEHICLES

66.  Necessity for permits.

(1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:

Provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage:

Provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not:

Provided also that goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle for the carriage of goods for or in connection with a trade or business carried on by him.

(2) The holder of goods carriage permit may use the vehicle, for the drawing of any public or semi-trailer not owned by him, subject to such conditions as may be prescribed.

(3)  The provisions of sub-section (1) shall not apply

(a)  to any transport vehicle owned by the Central Government or a State Government and used for Government purposes unconnected with any commercial enterprise;

(b) to any transport  vehicle owned by a local authority or by a person acting under contract with a local authority and used solely for road cleansing, road watering or conservancy purposes

(c)  to any transport  vehicle used  solely for police, fire brigade or ambulance purposes;

(d) to any transport vehicle used solely for the conveyance of corpses and the mourners accompanying the corpses;

(e)  to  any transport  vehicle used for towing  a  disabled vehicle orfor removing goods from a disabled vehicle to a place of safety;

(f)  to  any transport  vehicle used  for  any  other  public purpose as  may be prescribed by  the State Government in  this behalf;

(g)  to any transport vehicle used by a person who manufactures ordeals inmotor vehiclesor buildsbodiesfor attachment to chassis, solely for such purposes and in accordance with such conditions as the CentralGovernmentmay,by notificationintheOffical Gazette, specify in this behalf;

(h)  to any transportvehicle owned by, and used solely for the purposesof, any educational institution which is recognised by the Central or State Government or whose managing committee is a societyregistered underthe Societies Registration Act, 1860 (21 of 1860.) or under any law corresponding to that Act in force in any part of India;

(i)  to any goods vehicle, the gross vehicle weight of which does not exceed 3,000 kilograms;

(j)  subjectto suchconditions asthe CentralGovernment may, bynotification inthe OfficialGazette, specify, to any transport vehiclepurchased inone Stateand proceedingtoa place, situatedin thatState orin anyother State,without carrying any passenger or goods;

(k)  to any transportvehicle whichhas beentemporarily registered undersection 43while proceeding empty to any place for the purpose of registration of the vehicle;

(l)  to any transportvehicle used for such purposes (other than plying for hire or reward) as the Central Government may, by notification in the Official Gazette, specify;

(m)  to anytransportvehiclewhich,owingtoflood, earthquake or any other natural calamity, obstruction on road, or unforeseen circumstances is requiredto be diverted through any other route,whether within or outside the State, with a view to enabling it to reach its destination;

(n)  to any transport vehicle used for such purposes as the Central or State Government may, by order, specify;

(o)  to any transportvehicle whichis subjectto a hire-purchase, lease or hypothecation agreement and which owing to the default of the owner has been taken possession of by or on behalf of, thepersonwithwhomtheownerhasentered intosuch agreement, to enable such motor vehicle to reach its destination; or

(p)  to any transportvehicle while proceeding empty to any place for purpose of repair.