The Motor Vehicle Act, 1988

• An Act to consolidate and amend the law relating to motor vehicle.

14 chapters and 217 sections
• Act was enacted to give effect to the suggestions made by SC in M K
KunhiMohammed v. P A Ahmedkutty 1987
• Act was amended several times especially in 1994, 2000, 2015 and
2019
• India is a signatory to Brasilia Declaration and is committed to reduce
the number of road accident fatality by fifty percent in 2020.

• 2019 Amd- seeks to address the issues relating to road safety, citizen
facilitation, strengthening public transport, automation and
computerization.
 S. 2 (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 twenty-five cubic centimetres;
Chap2- Licensing of Drivers of Motor Vehicle

• S. 3- No person shall drive a motor vehicle in any public place unless

he holds an effective driving licence issued to him authorising him to
drive the vehicle.
 S. 4- Age limit-
• (1) No person under the age of eighteen years shall drive a motor
vehicle in any public place:
• Provided that a motor cycle with engine capacity not exceeding 50cc may be
driven in a public place by a person after attaining the age of sixteen years.
• (2) Subject to the provisions of section 18, no person under the age of
twenty years shall drive a transport vehicle in any public place.

• (3) No learner’s licence or driving licence shall be issued to any person

to drive a vehicle of the class to which he has made an application
unless he is eligible to drive that class of vehicle under this section.
• No owner or person in charge of a motor vehicle shall cause or
permit any person who does not satisfy the provisions of section 3 or
section 4 to drive the vehicle.

• No holder of a driving licence or a learner’s licence shall permit it to

be used by any other person.
S.7. Restrictions on the granting of learner’s licences for certain
vehicles.—
• (1) No person shall be granted a learner's licence to drive a transport
vehicle unless he has held a driving licence to drive a light motor
vehicle for at least one year:
• Provided that nothing contained in this sub-section shall apply to an e-cart or
e-rickshaw.

• (2) No person under the age of eighteen years shall be granted a

learner’s licence to drive a motor cycle without gear except with the
consent in writing of the person having the care of the person
desiring the learner’s licence.
• S.8. Grant of learner’s licence.—
• (1) Any person who is;
• not disqualified under section 4 for driving a motor vehicle and
• who is not for the time being disqualified for holding or obtaining a driving
licence may,
• subject to the provisions of section 7,

• apply to the licensing authority having jurisdiction in the area—

• (i) in which he ordinarily resides or carries on business, or
• (ii) in which the school or establishment referred to in section 12 from where
he intends to receive instruction in driving a motor vehicle is situate, for the
issue to him of a learner’s licence.
• Application in prescribed form+ necessary documents + such fees +
medical certificate signed by registered medical practitioner
• to be submitted in prescribed manner, including electronic means

• If- Application is duly made+ applicant has satisfied the authority of

his physical fitness + has passed to satisfaction to liscensing authority
the test
Authority shall issue the applicant a learner’s licence
• Licensing authority may before issuance verify the identity of
applicant

• Learner’s licence limited to driving an adapted vehicle may be issued,

if its satisfied that he is fit to drive such a carriage.
S. 9- Grant of driving licence-

• Any person who is not for the time being disqualified for holding or
obtaining a driving licence may

• apply to the licensing authority having jurisdiction in the area—

i. in which he ordinarily resides or carries on business, or
ii. in which the school or establishment referred to in section 12 from where
he is receiving or has received instruction in driving a motor vehicle is
situated,
• If Application is made in prescribed form+ necessary documents +
such fees
• And Applicant also passes the test prescribed by Central Govt

He shall be issued driving license.

• No such test shall be necessary where the applicant produces proof
to show that—
• the applicant has previously held a driving licence to drive such class of
vehicle and
• (i) that the period between the data of expiry of that licence and the date of
the application does not exceed five years, or
• (ii) the applicant holds or has previously held a driving licence to drive such
class of vehicle issued under section 18, or
• (iii) the applicant holds a driving licence to drive such class of vehicle issued
by a competent authority of any country outside India, subject to the
condition that the applicant complies with the provisions of sub-section (3) of
section 8 (medical certificate),

• A driving licence for driving an adapted vehicle, may be issued if the

licensing authority is satisfied that he is fit to drive such motor
vehicle.
 S.10- Form and Content of licences to drive-

• A learner’s licence or, as the case may be, driving licence shall also be
expressed as entitling the holder to drive a motor vehicle of one or
more of the following classes, namely:—

(a) motor cycle without gear;

(b) motor cycle with gear;
(c) adapted vehicle;
(d) light motor vehicle;
(e) transport vehicle
(i) road-roller;
(j) motor vehicle of a specified description.
S. 13. Extent of effectiveness of licences, to drive motor vehicles.

• A learner’s licence or a driving licence issued under this Act shall be

effective throughout India.
 S. 14. Currency of licence
1. A learner’s licence issued under this Act shall, subject to the other
provisions of this Act, be effective for a period of six months from
the date of issue of the licence.

2. A driving licence issued or renewed under this Act shall,—

(a) in the case of a licence to drive a transport vehicle, be effective for
a period of Five years:
• Provided that in the case of licence to drive a transport vehicle carrying
goods of dangerous or hazardous nature be effective for a period of three
year and renewal thereof shall be subject to the condition that the driver
undergoes such conditions as prescribed and
(b) in the case of any other licence,— if the person obtaining the licence,
either originally or on renewal thereof,

• has not attained the age of 30 on the date of issue or, as the case may be,
renewal thereof, be effective until such person attains 40 yrs
• has attained the age of 30 but not 50 on the date of issue or, as the case
may be, renewal thereof, be effective for a period of 10 yrs
• has attained the age of 50 but not 55 on the date of issue or, as the case
may be, renewal thereof, be effective until such person attains 60 yrs
• has attained the age of 55 on the date of issue or, as the case may be,
renewal thereof, be effective for a period of 5 yrs

•
 Renewal of driving licence
• Any licensing authority may, on application + fee, renew a driving
licence -with effect from the date of its expiry:

• Provided that in any case where the application for the renewal of a
licence is made either one year prior to date of its expiry or within
one year after date of expiry, the driving licence shall be renewed
with effect from the date of its renewal:
• Provided further that in any case where the application for the
renewal of a licence is made more than one year (2019 Amd) after
the licence has ceased to exist, the authority shall refuse to renew
unless applicant undergoes and passes to its satisfaction the test of
competence to drive.
 19. Power of licensing authority to disqualify from holding a licence or revoke licence
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 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 S. 22(3) 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
• It may 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

• Where a driving license is revoked- name of holder of licence- may be

placed in the public domain.
• Holder of licence shall forthwith surrender the licence.
• It shall be returned at the end of the disqualification period only if he
successfully completes the driver refresher training course.
 Power of court to disqualify
• Where a person is convicted of an offence under this Act or
• of an offence in the commission of which a motor vehicle was used,
• the Court by which such person is convicted may, subject to the
provisions of this Act,
• in addition to imposing any other punishment authorised by law,
• declare the persons so convicted to be disqualified, for such period as
the Court may specify, from holding any driving licence to drive all
classes or description of vehicles, or any particular class or description
of such vehicles, as are specified in such licence:
• Provided that in respect of an offence punishable under section 183
no such order shall be made for the first or second offence.
S.22- Suspension or cancellation of driving licence on conviction—
• (1) Without prejudice to the provisions of S. 20 (3) where a person,
referred to in S. 21(1) is convicted of an offence of causing, by such
dangerous driving as is referred to in section 184 of any class or description
of motor vehicle the death of, or grievous hurt to, one or more persons,
• the Court by which such person is convicted may cancel, or suspend -for
such period - to that class or description of motor vehicle
• If cancelled or suspended- the Court shall take the driving licence in its
custody, - endorse the cancellation or suspension - and send the driving
licence so endorsed to the authority for its safe custody,
• In the case of a suspended licence, return the licence to the holder thereof after the
expiry of the period of suspension on application.
• Provided it wont be returned unless that he passes, to the satisfaction of the
licensing authority a fresh test of competence to drive under section 9(3) and
produces a medical certificate as is referred to in section 8 (3).
 Appeal from Licensing authority

• A person aggrieved by the order from licensing authority refusing to

issue license or renew or revoking any license or refusing to add any
class of MV to license- may be appealed to prescribed appellate
authority whose decision shall be binding.
Chap 3- Licensing of Conductors of Stage Carriages

• S. 29. No person shall act as a conductor of a stage carriage unless he

holds an effective conductor’s licence 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
 Grant of conductor’s licence.—
• Any person with such minimum educational qualification (prescribed
by the State Govt) and is not disqualified under S.31(1) 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 .
• Application in such form + Fee+ medical certificate signed by a
registered medical practitioner + accompanied by two clear copies of
a recent photograph of the applicant.
• 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.
• No person under the age of eighteen years shall hold, or be granted,
a conductor’s licence.

• 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.

• 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:
• 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.
 Chap 4- Registration of MV
• No person shall drive any motor vehicle and no owner of a motor
vehicle shall cause or permit the vehicle to be driven in any public
place or in any other place;

• unless the vehicle is registered and

• the certificate of registration of the vehicle has not been suspended or
cancelled and
• the vehicle carries a registration mark displayed in the prescribed manner.
• Every owner of a motor vehicle shall cause the vehicle to be
registered
• by a registering authority in whose jurisdiction he has the residence
or place of business where the vehicle is normally kept.
 S. 41. Registration, how to be made

• Application in such form + fees+ accompanied by such documents,

particulars and information, made within such period as prescribed

• The registering authority shall issue to the owner of a motor vehicle

registered by it a certificate of registration and shall enter the
particulars in a register to be maintained
• The registering authority shall assign to the vehicle, for display
thereon, a distinguishing mark (registration mark) consisting of one of
the groups of such of those letters and followed by such letters and
figures as are allotted to the State by the Central Government from
time to time by notification in the Official Gazette, and displayed and
shown on the motor vehicle in such form and in such manner as may
be prescribed by the Central Government.

• A certificate of registration issued in respect of a motor vehicle, other

than a transport vehicle, shall, be valid only for a period of fifteen
years from the date of issue of such certificate and shall be
renewable.
• The registering authority shall before proceeding;
• to register a motor vehicle or
• renew the certificate of registration,
• require the person applying for - to produce the vehicle either before
itself or such authority –to satisfy itself that the particulars contained
in the application are true and that the vehicle complies with the
requirements of this Act and of the rules made thereunder.

• A certificate of registration issued or in force under this Act in respect

of such vehicle shall be effective throughout India.
• The owner of a motor vehicle may apply to any registering authority –
for a temporary certificate of registration and a temporary
registration mark-
• it shall be valid only for a period not exceeding one month, and shall
not be renewable.
Assignment of new registration mark on removal to another State

• When a motor vehicle registered in one State has been kept in

another State, for a period exceeding twelve months,
• the owner of the vehicle shall, within such period and in such form
containing such particulars as may be prescribed by the Central
Government,
• apply to the registering authority, within whose jurisdiction the
vehicle then is, for the assignment of a new registration mark and
• shall present the certificate of registration and no- objection certificate to
that registering authority.
 Transfer of ownership.—
Where the ownership of any motor vehicle is transferred,—
(a) the transferor shall,—
• (i) in the case of a vehicle registered within the same State, within
fourteen days of the transfer, report the fact of transfer, in such form
with such documents and in such manner, to the registering authority
within whose jurisdiction the transfer is to be effected and shall
simultaneously send a copy of the said report to the transferee; and
• (ii) in the case of a vehicle registered outside the State, within
forty-five days of the transfer, forward to the registering authority
report the fact of transfer with the no objection certificate.
• (b) the transferee shall, within thirty days of the transfer, report the
transfer to the registering authority within whose jurisdiction he has
the residence or place of business where the vehicle is normally kept,
as the case may be, and
• shall forward the certificate of registration to that registering
authority together with the prescribed fee and a copy of the report
received by him from the transferor in order that particulars of the
transfer of ownership may be entered in the certificate of
registration.
Where—
• (a) the person in whose name a motor vehicle stands registered dies, or
• (b) a motor vehicle has been purchased or acquired at a public auction
conducted by, or on behalf of, Government,
the person succeeding to the possession of the vehicle or, as the case
may be, who has purchased or acquired the motor vehicle, shall make an
application for the purpose of transferring the ownership of the vehicle
in his name, to the registering authority in whose jurisdiction he has the
residence or place of business where the vehicle is normally kept, as the
case may be, in such manner, accompanied with such fee, and within
such period as may be prescribed by the Central Government.
 Suspension of registration
• If any registering authority has reason to believe that any motor vehicle
within its jurisdiction—
• (a) is in such a condition that its use in a public place would constitute a
danger to the public, or that it fails to comply with the requirements of this
Act or of the rules made thereunder, or
• (b) has been, or is being, used for hire or reward without a valid permit for
being used as such,
the authority may, after giving the owner an opportunity of making any
representation he may wish to make, for reasons to be recorded in writing,
suspend the certificate of registration of the vehicle—
(i) in any case falling under clause (a), until the defects are rectified to its
satisfaction; and
(ii) in any case falling under clause (b), for a period not exceeding four
months.
• The owner of a motor vehicle shall, on the demand of a registering
authority which has suspended the certificate of registration of the
vehicle, surrender the certificate of registration.
• A certificate of registration surrendered shall be returned to the
owner when the order suspending registration has been rescinded
and not before.
• Where the suspension of registration of a vehicle under section 53
has continued without interruption for a period of not less than six
months, the registering authority within whose jurisdiction the
vehicle was when the registration was suspended, may, if it is the
original registering authority, cancel the registration, and if it is not
the original registering authority, shall forward the certificate of
registration to that authority which may cancel the registration.
 Cancellation of registration

• If a motor vehicle has been destroyed or has been rendered

permanently incapable of use, the owner shall, within fourteen days
or as soon as may be, report the fact to the registering authority
within whose jurisdiction he has the residence or place of business
where the vehicle is normally kept, as the case may be, and shall
forward to that authority the certificate of registration of the vehicle
 S.56. Certificate of fitness of transport vehicles

• (1) A transport vehicle shall not be deemed to be validly registered,

unless it carries a certificate of fitness in such form containing such
particulars and information as may be prescribed by the Central
Government, issued by the prescribed authority, or by an authorised
testing station
• to the effect that the vehicle complies for the time being with all the
requirements of this Act and the rules made thereunder.
 S. 48- No objection certificate
• The owner of a motor vehicle when applying for the assignment of a
new registration mark, or where the transfer of a motor vehicle is to
be effected in a State other than the State of its registration, the
transferor shall apply for No objection certificate.
• Before granting or refusing to grant the no objection certificate, the
registering authority shall obtain a report in writing from the police
that no case relating to the theft of the motor vehicle concerned has
been reported or is pending, verify whether all the amounts due to
Government including road tax in respect of that motor vehicle have
been paid and take into account such other factors as may be
prescribed by the Central Government.