Law of Torts

The Motor Vehicle Act -1988

In 1988 motor vehicle act 1988 was passed by the parliament of India. This act is responsible for covering all the aspects that are related to road transport vehicles. Furthermore, this act provided licensing to the conductors and the drivers as well as registration of motor vehicles. Also, traffic regulations, the provision on controlling the permit, penalties, and liabilities were covered under the motor vehicle act – 1988.

The Motor Vehicle Act 1988

The major objective of this act was to concentrate on the innocent people who are traveling on the road and can get affected by the drivers. The drivers of this motor vehicle were not held accountable for until this act. Thus, under the motor vehicle act, there was a provision for compensation for these helpless people on the road.

Motor Vehicle Act 1988

Also, in the motor vehicle act, these people are referred to as the ‘third party’. So, it can be said that the motor vehicle act revolves around providing safety for the third party people.

Also, under the motor vehicle act, it is mandatory for a driver to have a valid driver’s license. Thus, no vehicle can be driven without obtaining registration under the motor vehicle act first. Also, this registration certificate is valid from the date of issuing to the next fifteen years.

Furthermore, the license can be renewed for five more years. There are various offenses that are covered under the motor vehicle act – 1988. Also, for these offenses, there are penalties which need to be paid by the person who has committed the crime.

Various offenses under the motor vehicle act and their penalties

Section 3 r/w of the motor vehicle act states that if a person is found to be driving without a valid license when he/she will have to pay a penalty of Rs. 500. Also, there can be imprisonment under the same offense up to 3 months. While section 5 r/w states that if a person allows another person to drive his vehicle without any valid license that he will pay a fine of Rs. 1000. This punishment can also be held with or without imprisonment.

There are three offenses that are under section 130 r/w 177. The first one states that if a person drives without valid vehicle insurance than he/she will be liable to pay a fine of Rs. 1000. Also, without a valid permit if the person drives the vehicle that he/she will be levied a fine up to Rs. 5000.

Furthermore, if the person drives the vehicle without a valid fitness test then he/she will be liable to pay the fine up to Rs. 2000. Under section 4 r/s of the Motor vehicle act, if a minor is caught driving a vehicle that he/she will be levied a fine of Rs. 500. While if a person allows an unauthorized person to drive than he/she will be levied a penalty of Rs. 1000.

If a person is caught driving without a helmet than under the section 5 r/w he/she will be levied a fine of Rs. 100. Under section 138(3) of the Motor vehicle act, a person found driving without the seat-belt is charged a penalty of Rs. 100. For various scenarios, there are various penalties under the motor vehicle act – 1988. These all offenses can be found on the government website of India.

Practice Questions on Motor Vehicle Act 1988

Q. Under the which section of the Motor vehicle act, if a person allows another person without a valid license to drive his vehicle penalized?

A. Section 5 r/w

B. Section 3 r/w

C. Section 130 r/w 177

D. Section 4 r/s

Answer: A. Section 5 r/w

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