Before, the motor vehicle act, 1988 came into existence, the motor vehicles act, 1939 was applicable for all type of motor accidents. Road traffic act 1988 is up to date with all changes known to be in force on or before 11 may 2020. Short title, extent and commencement 1 this act may be called the motor vehicles act, 1988. Short title, extent and commencement, 1 this act may be called the motor. The motor vehicles act 1988 strictly put forth procedures for permitting driving license.
Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit. How and when to file claims with motor accidents claim. Section4 age limit in connection with driving of motor vehicles. The proposed amendments are essential in the overall interest of securing road safety and maintaining a clean environment. Procedures and powers of claim tribunals legal service india. Parliament passes the motor vehicles amendment bill. This section imposes the law regarding the maximum speed at which a motor vehicle can be driven. This will be a significant upgrade to the motor vehicle laws. Review of the motor vehicles act, 1988 india, south asia.
The motor vehicles act was passed in the year 1988 by parliament of india and regulates almost all the aspects of road transport vehicles. Production of licence and liability card, duplicates. The author has successfully dealt with such and other important questions. Act 59 of 1988 14 th october 1988 an act to consolidate and amend the law relating to motor vehicles be it enacted by parliament in the thirtyninth year of the republic of india as follows. The motor vehicles department is primarily established for enforcement of the provisions of motor vehicles act 1988, kerala motor vehicles taxation act 1976 and the rules framed under these two acts. The motor vehicles act, 1988legislative department.
It replaced motor vehicles act, 1939 which earlier replaced the first such enactment motor vehicles act, 1914. Under the motor vehicles act, 1988, there is no limit for a thirdparty car or twowheeler insurance. An analysis of law relating to accident claims in india. This section imposes the law regarding the maximum speed at which a. A list of the publications prepared by official languages wing and vsp. Section6 restrictions on the holding of driving licences. Age limit in connection with driving of motor vehicles. The fivejudge constitution benchs order and guidelines issued in the instant case puts to rest the debatable issue and mitigates the. It is also proposed to allow renewal of permits, driving licences and registration certificates granted under the motor vehicles act, 1939 to be renewed under the motor vehicles act, 1988, by inserting new section 217a.
Driving without holding an effective driving licence s. The bill contains provisions that will make indian roads safer. The motor vehicles act is an act of the parliament of india which regulates all aspects of road transport vehicles. It provides detailed provision on licensing of the drivers and conductors, registration of motor vehicles, the provision on controlling their permits, traffic regulation, related insurance, liabilities, and penalties. The motor vehicles act, 1988 the act came into force from 1 july 1989. Section5 responsibility of owners of motor vehicles for contravention of sections 3 and 4. This section enforces the law regarding the weight thats permitted to be carried by a vehicle. Motor vehicles act,1988 3 from now on referred to as the act. The motor vehicles act, 1988 59 of 1988 chandigarh.
The erstwhile motor vehicles act, 1939 was repealed by section 217 of the motor vehicles act, 1988. The act provides in detail the legislative provisions regarding licensing of. Liability to pay compensation in certain cases on the principle of no fault. Motor vehicles act, 1988 pdf download bare act geek upd8. The motor vehicles act, 1988 does not provide any guidelines for the identification of the items of loss to be compensated. The motor vehicles act, passed in the year 1988 by the indian parliament, regulates almost all aspects of road transport vehicles.
Refusal to issue licence and plates for irreparable and salvage vehicles. The rajya sabha today passed the motor vehicles amendment bill. Motor vehicles act, 1988, sections 3, 151 and 1492 central motor vehicles rules, 1989, rule 4 evidence act, 1872, sections 58 and 106 mact driving licence learners licence as on the date of accident on 5. Motor insurance diploma in insurance services motor vehicles act, 1988 it is necessary to have knowledge of motor vehicles act passed in 1939 and amended in 1988. An act further to amend the motor vehicles act, 1988. Motor vehicles act created a new forum named motor accidents claims tribunals which substituted civil courts. Motor vehicles amendment bill, 2019 will be introduced in. The motor vehicles amendment act, 1994 the act was amended by the motor vehicles amendment act, 1994, which. The act is amended by the motor vehicles amendment act, 2019.
Despite section 120 b, the driver of a vehicle referred to in that section must drive with. Motor vehicle act, 1988 is a crucial legislation and the assessment of compensation in death cases and claimants who are entitled to compensation has been a highly deliberated issue for the judiciary. Rules regulations notifications orders circulars statutory ordinance statutes. In the old days, many of the pedestrians who were knocked down by motor vehicles and who were killed or injured, did not get any compensation because the motorists did not have. Full text containing the act, motor vehicles act, 1988, with all the sections, schedules, short title, enactment date, and footnotes. It has provisions for traffic regulations, vehicle insurance, registration of motor vehicles, controlling permits and penalties. Inspection of vehicles and refusal of licence or permit. Description of offence sectionrule maximum of punishment term of imprisonmentfine 1. Accident claims in india present approach of traffic police road accidents are preventable. Some of the important sections in the motor vehicles act, 1988 section 1. Definition of heavy commercial vehicle for the purposes of section 19.
There are no provisions to protect children during commute. Pdf version printerfriendly ideal for printing entire document motor vehicle act. The motor vehicles act,1988 which came into force on 1st july,1988 and which is divided into xiv chapters, 217 sections and two schedules, makes it compulsory for every motor vehicle to be insured. Said section 217 also repealed all laws corresponding to the motor vehicles act, 1939, then being in force in any state immediately before the commencement of the act of 1988 in the respective states9. An act to consolidate and amend the law relating to motor vehicles. Parliament of india has bestowed on us the motor vehicles, act 1988.
The motor vehicles act, 1988 which came into force on 1st july,1988 and which is divided into xiv chapters, 217 sections and two schedules, makes it compulsory for every motor vehicle to be insured. This has been amended several times to keep it up to date. The motor vehicles act, 1988 is an act of the parliament of india which regulates all the aspects of road transport vehicles. Third party insurance in india legal service india. Where death or permanent disablement of any person has resulted from an accident arising out of the use of a motor vehicle or motor vehicles, the owner of the vehicle shall, or, as the case may be. The bill, however, amends to cap a maximum thirdparty legal liability to rs. Let us briefly familiarize ourselves with the various aspects of indian law dealing with claims in relation to accidents by motor vehicles primarily motor vehicles act,1988. This act replaced the previous motor vehicle act 1939 which earlier replaced the motor vehicle act 1914. It contains complete detailed guidelines on all the aspects of road transport. Home actsofparliamentfromtheyear the motor vehicles act, 1988. The motor vehicles act 1939 was subjected to various amendments from time to time in order to get in compliance with the changes in the society. Marks allotted to each question are indicated at its end. The notes on clauses explain the provisions of the bill.
Replacing the 1939 act, the motor vehicles act 1988 came into force and applicable to whole of india. The bill proposes huge increases in various penalties for traffic violations, protection to good samaritans, recall of defective vehicle parts by auto companies, holding builders. Role of surveyor in insurance claim personal injury. Your driving licence could be suspended in case you are caught speeding, racing, or driving under the influence of alcohol. The act provides in detail the legislative provisions regarding licensing of driversconductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability. Chapters x,xi and xii of the 1988 act deals with compensation provisions. The motor vehicles act, 1988 which came into force on 1st july, 1988 and which is divided into xiv chapters, 217 sections and two schedules, makes it compulsory for every motor vehicle to be insured. The act came into force with effect from 1st july, 1989 replacing the motor vehicles act, 19398. Answer question number i to 5 in 50 words and question number 6 to 10 in 125 words. British columbia all information it requires relevant to insurance issues. Act, 1988, central motor vehicles rules, 1989, west bengal motor vehicles rules, 1989 as per notification no.
The motor vehicles act, 1988 59 of 1988 consolidated and rationalised various laws regulating road transport. The motor vehicles department functions under the provisions of section 2 of the motor vehicles act, 1988 central act 59 of 1988. 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. The motor vehicles act, 1988 is an act of the parliament of india which regulates all aspects of road transport vehicles.
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