Search Results on regulation for query: "Motor Vehicles (Driving) Regulations, 2017."
Related Section(s)1[(1) Any offence whether committed before or after the
commencement of this Act punishable under section 177, section 177A, section 178, section 179, section
180, section 181, section 182, sub-section (1) or sub-section (3) or sub-section (4) of section 182A,
section 182B, sub-section (1) or sub-section (2) of section 183, clause (c) of the Explanation to section
184, section 186, section 189, sub-section (2) of section 190, section 192, section 192A, sub-section (3) of
section 192B, section 194, section 194A, section 194B, section 194C, section 194D, section 194E, section
194F, section 196, section 198 and section 201, may, either before or after the institution of the
prosecution, be compounded by such officers or authorities and for such amount as the State Government
may, by notification in the Official Gazette, specify in this behalf.]
2[Provided that the State Government may, in addition to such amount, require the offender to undertake a period of community service.] (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: 2[Provided that notwithstanding compounding under this section, such offence shall be deemed to be a previous commission of the same offence for the purpose of determining whether a subsequent offence has been committed: Provided further that compounding of an offence will not discharge the offender from proceedings under sub-section (4) of section 206 or the obligation to complete a driver refresher training course, or the obligation to complete community service, if applicable.]
1. Subs. by Act 18 of 2023, s. 2 and Schedule for sub-section (1) (w.e.f. 13-01-2025).
2. Ins. by Act 32 of 2019, s. 86, (w.e.f. 1-9-2019). No person driving a motor vehicle shall allow any person to stand or
sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle.
(1) The driver of a motor vehicle shall cause the
vehicle to stop and remain stationary so long as 1[may for such reasonable time as may be necessary, but
not exceeding twenty-four hours]--
2[(a) when required to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, 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 3* * * * * 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 184 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.
1. Subs. by Act 54 of 1994, s. 40, for "may reasonably be necessary" (w.e.f. 14-11-1994).
2. Subs. by s. 40, ibid., for clause (a) (w.e.f. 14-11-1994). 3. Clause (c) omitted by s. 40, ibid. (w.e.f. 14-11-1994). When any person is injured or any
property of a third party is damaged, as a 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) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person, 1[by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on the duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities], 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, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence. 2[(c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:--- (i) insurance policy number and period of its validity; (ii) date, time and place of accident; (iii) particulars of the persons injured or killed in the accident; (iv) name of the driver and the particulars of his driving licence. Explanation.--For the purposes of this section the expression driver includes the owner of the vehicle.]
1. Subs. by s. 41, ibid., for "and if necessary, convey him to the nearest hospital" (w.e.f. 14-11-1994).
2. Ins. by Act 54 of 1994, s. 41 (w.e.f. 14-11-1994). Whoever drives a motor vehicle in any
public place when he is to his knowledge suffering from any disease or disability calculated to cause his
driving of the vehicle to be a source of danger to the public, shall be punishable for the first offence with
fine which may extend to 1[one thousand rupees] and for a second or subsequent offence with fine which
may extend to 2[two thousand rupees].
1. Subs. by Act 32 of 2019, s. 69, for “two hundred rupees” (w.e.f. 1-9-2019).
2. Subs. by s. 69, ibid., for “five hundred rupees” (w.e.f. 1-9-2019). Whoever, while
driving, or attempting to drive, a motor vehicle,--
1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, 2[or in any other test including a laboratory test,] 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 may extend to six months, or with fine 3[of ten thousand rupees], or with both; and for a second or subsequent offence, 4*** with imprisonment for term which may extend to two years, or with fine 5[of fifteen thousand rupees], or with both. 6[Explanation.-- For the purposes of this section, the expression drug means any intoxicant other than alcohol, natural or synthetic, or any natural material or any salt, or preparation of such substance or material as may be notified by the Central Government under this Act and includes a narcotic drug and psychotropic substance as defined in clause (xiv) and clause (xxiii) of section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985).]
1. Subs. by Act 54 of 1994, s. 55, for clause (a) (w.e.f. 14-11-1994).
2. Ins. by Act 32 of 2019, s. 68 (w.e.f. 1-9-2019). 3. Subs. by s. 68, ibid., for which may extend to two thousand rupees (w.e.f. 1-9-2019). 4. The words if committed within three years of the commission of the previous similar offence, omitted by s. 68, ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 68, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019). 6. Subs. by s. 68, ibid., for the Explanation (w.e.f. 1-9-2019). Whoever fails to comply with the provisions
of clause 1[(a)] of sub-section (1) of section 132 or section 133 or section 134 shall be punishable with
imprisonment for a term which may extend to 2[six months], or with fine 3[of five thousand rupees], or
with both or, if having been previously convicted of an offence under this section, he is again convicted of
an offence under this section, with imprisonment for a term which may extend to 4[one year], or with fine
5[of ten thousand rupees], or with both.
1. Subs. by s. 70, ibid., for “(c)” (w.e.f. 1-9-2019).
2. Subs. by s. 70, ibid., for “three months” (w.e.f. 1-9-2019). 3. Subs. by s. 70, ibid., for “which may extend to five hundred rupees” (w.e.f. 1-9-2019). 4. Subs. by s. 70, ibid., for “six months” (w.e.f. 1-9-2019). 5. Subs. by s. 70, ibid., for “which may extend to one thousand rupees” (w.e.f. 1-9-2019). (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 States, be construed as a reference to the coming into force of this Act in that State.
1. 1st July, 1989, vide notification No. S.O. 368(E), dated 22nd May, 1989, see Gazette of India, Extraordinary, Part II, sec. 3 (ii).
In this Act, unless context otherwise requires,--
1[(1) "adapted vehicle" means a motor vehicle either specially designed and constructed, or to which alterations have been made under sub-section (2) of section 52, for the use of a person suffering from any physical defect or disability, and used solely by or for such person; (1A) "aggregator" means a digital intermediary or market place for a passenger to connect with a driver for the purpose of transportation; (1B) "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 semitrailer 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; 2[(4A) "community service" means an unpaid work which a person is required to perform as a punishment for an offence committed under this Act;] (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; (7) "contract carriage" means a motor vehicle which carries a 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 maxicab; and (ii) a motor cab notwithstanding that separate fares are charged for its passengers; (8) "dealer" includes a person who is engaged-- 3* * * * * (b) in building bodies for attachment to chassis; or (c) in the repair of motor vehicles; or (d) in the business of hypothecation, leasing or hire-purchase of motor vehicle; (9) "driver" includes, in relation to a motor vehicle which is drawn by another motor vehicle, the person who acts as a steersman of the drawn vehicle; 4[(9A) "driver refresher training course" means the course referred to in sub-section (2A) of section 19;] (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; 4[(12A) "golden hour" means the time period lasting one hour following a traumatic injury during which there is highest likelihood of preventing death by providing prompt medical care;] (13) "goods" includes live-stock, and anything (other than equipment ordinarily used with 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; (15) "gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle; (16) "heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a 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; 5* * * * * (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 6[7500] kilograms; 7[(21A) "manufacturer" means a person who is engaged in the manufacture of motor vehicles;] (22) "maxicab" means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward; (23) "medium goods vehicle" means any goods carriage other than a light motor vehicle or a 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, 8[adapted vehicle], 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 8[adapted 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 9[twenty-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, and includes a maxicab, a motorcab, contract carriage, and stage carriage; (36) "registered axle weight" means in respect of the axle of any vehicle, the axle weight certified 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; 10[(38A) "scheme" means a scheme framed under this Act;] 11[(39) "semi-trailer" means a vehicle not mechanically propelled (other than a trailer), which is intended to be connected to a motor vehicle and which is so constructed that a portion of it is superimposed on, and a part of whose weight is borne by, that motor vehicle;] (40) "stage carriage" means a motor vehicle constructed or adapted to carry more than six passengers excluding the driver for hire or reward at separate fares paid by or for individual passengers, either 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; 12[(iv) Zilla Parishad or any other similar local authority.] 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; 10[(42A) "testing agency" means any entity designated as a testing agency under section 110B;] (43) "tourist vehicle" means a contract carriage constructed or adapted and equipped and 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 10[or moves].
1. Subs. by Act 32 of 2019, s. 2, for clause (1) (w.e.f. 1-9-2019).
2. Ins. by s. 2, ibid (w.e.f. 1-9-2019). 3. Sub-clause (a) omitted by Act 54 of 1994, s. 2 (w.e.f. 14-11-1994). 4. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 5. Clause (18) omitted by s. 2, ibid. (w.e.f. 1-9-2019). 6. Subs. by Act 54 of 1994, s. 2, for 6000 (w.e.f. 14-11-1994). 7. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 8. Subs. by Act 32 of 2019, s. 2, for "invalid carriage" (w.e.f. 1-9-2019). 9. Subs. by Act 54 of 1994, s. 2, for "thirty-five cubic centimetres" (w.e.f. 14-11-1994). 10. Ins. by Act 32 of 2019, s. 2 (w.e.f. 1-9-2019). 11. Subs. by Act 54 of 1988, s. 2, for clause (39) (w.e.f. 14-11-1994). 12. Ins. by s. 2, ibid. (w.e.f. 14-11-1994). 1[(1) Whoever drivers a motor vehicle or
causes or allows a motor vehicle to be drives in contravention of the provisions of section 113 or section
114 or section 115 shall be punishable with 2*** fine 3[of twenty thousand rupees and an additional
amount of two thousand rupees per tonne of excess load], together with the liability to pay charges for
off-loading of the excess load.]
4[Provided that such motor vehicle shall not be allowed to move before such excess load is removed or is caused or allowed to be removed by the person in control of such motor vehicle.] 4[(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load: Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit: Provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Government, allowing the carriage of a particular load.] (2) Any driver of a vehicle who refuses to stop and submit his vehicle to weighing after being directed to do so by an officer authorised in this behalf under section 114 or removes or causes the removal of the load or part of it prior to weighing shall be punishable with fine 5 [of forty thousand rupees].
1. Subs. by Act 54 of 1994, s. 57, for sub-section (1) (w.e.f. 14-11-1994).
2. The word minimum omitted by Act 32 of 2019, s. 78 (w.e.f. 1-9-2019). 3. Subs. by s. 78, ibid., for of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load (w.e.f. 1-9-2019). 4. Ins. by s. 78. ibid. (w.e.f. 1-9-2019). 5. Subs. by s. 78, ibid., for which may extend to three thousand rupees (w.e.f. 1-9-2019). No person in charge of a motor vehicle shall cause or
allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position
or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue
inconvenience to other users of the public place or to the passengers.
The owner of a motor vehicle, the
driver 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.
The driver of a motor vehicle shall make such signals and on
such occasions as may be prescribed by the Central Government:
Provided that the signal of an intention to turn to the right or left or to stop-- (a) in the case of a motor vehicle with a right-hand steering control, may be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle; and (b) in the case of a motor vehicle with a left hand steering control, shall be given by a mechanical or electrical device of a prescribed nature affixed to the vehicle: Provided further that the State 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 motor vehicle or class or description of motor vehicles from the operation of this section for the purpose of plying in that area or route. (1) The State Government may prescribe the
conditions for the issue of permits for 1
[transport vehicles] by the State or Regional Transport Authorities
and may prohibit or restrict the use of such vehicles in any area or route.
(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 gross vehicle weight specified in the certificate of registration. (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. Subs. by Act 54 of 1994, s. 34, for "heavy goods vehicles or heavy passenger motor vehicles" (w.e.f. 14-11-1994).
(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 or below the minimum speed
fixed for the vehicle under this Act or by or under any other law for the time being in force:
Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette. (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 interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description 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: Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month. (3) Nothing in this section shall apply to any vehicle registered under section 60 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) If a licensing authority is satisfied, after giving the holder of a driving licence an
opportunity of being heard, that he--
(a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (c) is using or has used a motor vehicle in the commission of a cognizable offence; or (d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or (e) has obtained any driving licence or a licence to drive a particular class or description of motor vehicle by fraud or misrepresentation; or (f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or (g) has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or (h) being a person under the age of eighteen years who has been granted a learner's licence or a driving licence with the consent in writing of the person having the care of the holder of the licence and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order-- (i) disqualifying that person for a specified period for holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence; or (ii) revoke any such licence. 1[(1A) Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence-- (a) for a first offence, for a period of three months; (b) for a second or subsequent offence, with revocation of the driving licence of such person: Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.] (2) Where an order under sub-section (1) 2[or sub-section (1A)] is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,-- (a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or (b) if it is not a driving licence issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: 3[Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.] 4 [(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government. (2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the Central Government.] (3) Any person aggrieved by an order made by a licensing authority under sub-section (1) 2[or subsection (1A)] may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
1. Ins. by Act 32 of 2019, s. 11 (w.e.f. 1-9-2019).
2. Ins. by Act 32 of 2019, s. 11, (w.e.f. 1-9-2019). 3. The Proviso subs. by s. 11, ibid, (w.e.f. 1-9-2019). 4. Ins. by s. 11, ibid., (w.e.f. 1-9-2019). (1) Any police
officer or other person authorised in this behalf by the State Government may, if he has reason to believe
that a motor vehicle has been or is being used in contravention of the provisions of section 3 or section 4
or 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, seize and detain the vehicle, in the prescribed manner and for this purpose take or
cause to be taken any steps he may consider proper for the temporary safe custody of the vehicle:
Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of section 3 or section 4 or without the permit required by sub-section (1) of section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgment in respect thereof. (2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorised in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. STATE AMENDMENT Rajasthan Amendment of Section 207, Central Act 59 of 1988.—In the proviso to sub-section (1) of Section 207 of the principal Act, the expression “or without the permit required by sub- section (1) of Section 66” as occurring between the expression “Section 3 or section 4” and the expression “he may” shall be deleted. [Vide Rajasthan Act 2 of 1993, s. 3.] |
