Motor Vehicle Act in India

by gowtham 2010-01-27 12:56:53



The Motor Vehicles Department has been established under section 213 (1) of the Motor Vehicles Act, 1988. This is a Central Act applicable throughout the country. Motor Vehicles Department is mainly responsible for enforcing various provisions of this Act. Motor Vehicles Department is headed by the Transport Commissioner.

The main functions of the Motor Vehicles Department :

1. Enforce the provisions of the Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989 and

the Maharashtra Motor Vehicles Rules, 1989.

2. Ensure a co-ordinated development of Road Transport through the regim of permit.

3. Levy and collection of tax on Motor Vehicles under the Bombay Motor Vehicles Tax Act, 1959 and
on Passengers under the Bombay Motor Vehicles (Transportation of Passengers) Act, 1958.

Activities performed by the Motor Vehicles Department :

1. Issue of Learner’s License to drive a motor vehicle.

2. Issue of permanent license to drive a motor vehicle and renew the same.

3. Issue Badges to the drivers of Public Service Vehicles like Auto rickshaw, Taxis etc

4. Issue International Driving Permits.

5. Issue permits to Stage Carriages.

6. Registration of Motor Vehicles.

7. Assignment of registration mark of this State in respect of vehicles registered in other State and
kept for use in this State for a period more than one year.

8. Grant Certificate of Fitness to transport vehicles.

9. Inspect private vehicles which are more than 15 years old and renew the registration.

10. Issue Permits to Transport Vehicles, counter-sign them and thereby keep control on Transport
Vehicles.

11. Issue of authorisations and permits for National Permit Vehicles.

12. Issue authorisations and permits for All India Tourist Cabs and Buses.

13. Ensure that the motor vehicles are covered by valid certificates of insurance.

14. Take action on vehicle owners not complying with the provisions of the Motor Vehicles Act and
the Tax Act.

15. Levy and collect Motor Vehicles Tax as provided under the Bombay Motor Vehicles Tax Act, 1958
and enforce the related provisions.

16. Levy and collect the tax on passengers under the Bombay Motor Vehicles (Taxation on
Passengers) Act, 1958 and enforcements the related provisions.

17. Prepare and up-date office record pertaining to all the above activities.

The office of the Transport Commissioner is located at Mumbai.

The State has been divided into 13 Regions and each region is headed by a Regional Transport Officer (RTO).

There are 3 Regions in the city of Mumbai.

The offices in Mumbai are located at Tardeo (i.e. Regional Transport Office, Mumbai (Central), Andheri (i.e. Regional Transport Office, Mumbai (West) and Worli (i.e. Regional Transport office (East). The other Regional Transport Offices are located at Thane, Pune, Aurangabad, Amravati, Nasik, Nagpur, Kolhapur, Nagpur, Dhule and Nanded.

Transport Commissioner Office Address - Administrative Bldg., 4th Floor, Govt. Colony,

Opp. Dr. Babasaheb Ambedkar Garden, Bandra (East), Mumbai - 400 051.

Phone - 022-26516336 Fax - 022-26414901

Field Offices

Region Code Office Name Details

MH-01 Regional Transport Office, Mumbai Central Address - Old Bodygaurd Lane, Tulshiwadi, Tardeo,

Mumbai - 34

Phone - 022-24932337, 24944600/01/02

Fax - 022-24944603

MH-02 Regional Transport Office, Mumbai West Address - 111-D, Ambivali Village, Nr. Manish Nagar,

Versova Rd., Andheri (W), Mumbai - 53

Phone - 022-26362252, 26319821

Fax - 022-26366957

MH-03 Regional Transport Office, Mumbai East Address - B-2, 3rd Floor, Wadala Truck Terminal,

Wadala, Mumbai (E.) - 37

Phone - 022-24036479, 24036221, 24930299,

24036518

Fax - 022-24935857

MH-04 Regional Transport Office, Thane Address - Near Central Jail, Thane - 400601

Phone - 022- 25340474, 25823580, 25823400

(Murphy)

Fax - 022-25366550

MH-05 Dy. Regional Transport Office, Kalyan Address - Tapsi Pande Compund, Rambhau Patwardhan

Road, Kalyan - 421301

Phone - 0251-2230505, 2230888

Fax - -

MH-06 Dy. Regional Transport Office, Pen Address - Municipal Office Compound, AT & Post, Pen,

Dist. Raigad.

Phone - 02413-252234

Fax - 02413-254403, 256073

MH-07 Dy. Regional Transport Office, Sindhudurg Address - Bogate Bldg., At & Post Kudal, Dist.

Sindhudurg

Phone - 02362-222050

Fax - 02362-222050

MH-08 Dy. Regional Transport Office, Ratnagiri Address - Blcok No.18/19, Shivaji Stadium, Near Maruti

Temple, Ratnagiri

Phone - 02352-229444, 220707

Fax - 02352-230377

MH-43 Dy. Regional Transport Office, Vashi

(Navi Mumbai)

Address - APMC Market Compund, Vashi, Navi

Mumbai.

Phone - 022-27650701

Fax - 022-27650702

MH-09 Regional Transport Office, Kolhapur Address - Kolhapur, 213 'E' Nagala Park, Kolhapur

Phone - 0231-2663131

Fax - 0231-2661010, 2665454

MH-10 Dy. Regional Transport Office, Sangli Address - Madhav Nagar Road, Industrial Estate, Sangli -

416416

Phone - 0233-2310555/888

Fax - 0233-2311099

MH-11 Dy. Regional Transport Office, Satara Address - 484, Sadar Bazar, Bhurke Bungalow, Camp,

Satara - 415001

Phone - 02162-230330

Fax - 02162-235888

MH-12 Regional Transport Office, Pune Address - 38, Dr. Ambedkar Road, Near Sangam Bridge,

Pune - 411001

Phone - 020-26058282/080/090/555

Fax - 020-26058282

MH-13 Dy. Regional Transport Office, Solapur Address - Vijaypur Road, S.T. Colony, Sundaram Nagar,

Solapur - 413004

Phone - 0217-2303099

Fax - 0217-2339134

MH-14 Dy. Regional Transport Office, Pimpri-

Chinchwad

Address - Near Town Planning Pradhikaran, Nigdi,

Behind Primary School, Pimpri-Chinchwad

Phone - 020-27492828

Fax - 020-2749003

MH-42 Dy. Regional Transport Office, Baramati Address - Baramati

Phone - 02112-243111

Fax - 02112-243111

MH-45 Dy. Regional Transport Office, Akluj Address - Akluj, Tahshil - Malshiras, Dist. Solapur

Phone - 02185-231231

MH-15 Regional Transport Office, Nashik Address - Peth Road, Panchvati, Nashik - 422004

Phone - 0253-2530038, 2531070

Fax - 0253-2530181

MH-16 Dy. Regional Transport Office, Address - Bungalow No.8, Nagar Bandori Rd.,

Ahmednagar Ahmednagar

Phone - 0241-2430114, 2431530

MH-17 Dy. Regional Transport Office, Shrirampur Address - Market Yard, Nevasa Road, Shrirampur

Phone - 02422-222175, 223102

MH-41 Dy. Regional Transport Office, Malegaon Address - Malegaon

Phone - 02554-258850

Fax - 02554-258850

MH-18 Regional Transport Office, Dhule Address - Govt. Colony, Station Rd, Dhule - 424001

Phone - 02562-281351

Fax - 02562-281351

MH-19 Dy. Regional Transport Office, Jalgaon Address - Govt. Colony, Station Rd, Jalgaon-425001

Phone - 0257-2262619, 2261819

Fax - 0257-2261819

MH-39 Dy. Regional Transport Office, Nandurbar Address - Nandurbar

Phone - 02564-223522

MH-20 Regional Transport Office, Aurangabad Address - Near Rly. Station, Aurangabad - 431001

Phone - 0240-2331135

Fax - 0240-2331133

MH-21 Dy. Regional Transport Office, Jalna Address - Group No.246, Nagewadi, Taluka & Dist.Jalna

Phone - 02482-220929

MH-23 Dy. Regional Transport Office, Beed Address - Bhave Bldg., Nr. Deepak Bungalow, Old

Champwati Oil Mill, Barsi Naka, Beed -

431122

Phone - 02442-222632

Fax - 02442-230398

MH-25 Dy. Regional Transport Office, Osmanabad Address - Shivneri Bungalow, Nr. Bhosala School,

Bawankar Bldg., Osmanabad

Phone - 02472-27555

MH-44 Dy. Regional Transport Office, Ambejogai Address - Ambejogai, Dist. Beed

MH-26 Regional Transport Office, Nanded Address - Abdulla Hill, Nr. Aerodram, Nanded - 431601

Phone - 02462-259900

Fax - 02462-219900

MH-22 Dy. Regional Transport Office, Parbhani Address - Rajesh Bldg., Nr. Mohite Garage, Shivam

Nagar, Parbhani - 431401

Phone - 02452-248148

MH-24 Dy. Regional Transport Office, Latur Address - Near Dutta Mandir, Vora Road, Latur

Phone - 02382-242434

MH-38 Dy. Regional Transport Office, Hingoli Address - Hingoli

Phone - 02456-248048

MH-27 Regional Transport Office, Amarvati Address - Near Collectorate Camp, Amaravati - 444602

Phone - 0721-2662032

Fax - 0721-2662606

MH-28 Dy. Regional Transport Office, Buldhana Address - Old Vibhag Niyantrak Karyalaya, Nr. S.T. Bus

Stand, Buldhana

Phone - 07262-242244

MH-29 Dy. Regional Transport Office, Yavatmal Address - Shri Sarfaraj Bldg., Jafar Nagar, Pandharkwada

Road, Yevatmal

Phone - 07232-255111

MH-30 Dy. Regional Transport Office, Akola Address - Krishi Nagar, Akola Maruti Bazar Road,

Jamnalal Bajaj Goenka Marg, Akola

Phone - 0724-2459488, 2662606

Fax - 0724-2459099

MH-41 Dy. Regional Transport Office, Washim Address - Washim

Phone - 07252-235244

MH-31 Regional Transport Office, Nagpur Address - Opp. Giripeth Post Office, Nagpur - 440001

Phone - 0712-2560781

Fax - 0712-2561698

MH-32 Dy. Regional Transport Office, Wardha Address - Administartive Bldg., Collector Office

Compound, Sevagram Road, Wardha-442001

Phone - 07152-243543

MH-40 Regional Transport Office, Nagpur (Rural) Address - Nagpur (Rural)

Phone - 0712-2549240

MH-33 Dy. Regional Transport Office, Gadchiroli Address - New Administrative Bldg., Campus

Collectorate, Gadchiroli

Phone - 07132-22295

MH-34 Dy. Regional Transport Office, Chandrapur Address - Nagina Bag Ward, Borke Plot, Chandrapur -

442401

Phone - 07172-255372

MH-35 Dy. Regional Transport Office, Gondia Address - Dr. Vajyapee Bunglow Civil Lines, Gondia -

440016

Phone - 07182-22900

MH-36 Dy. Regional Transport Office, Bhandara Address - Bhandara

Phone - 07184-258165

Registration & Important Note

An application for temporary registration shall be made in form C.R Tem.A.

No dealer of vehicle can deliver the unregistered motor vehicle to the purchaser.

He can only deliver the vehicles which are temporarily /permanently registered with R.T.O.

No owner of a motor vehicle can allow or permit the use of unregistered vehicle.

No person can drive a motor vehicle, which is not registered with R.T.O.

Temporary registration is valid for the period of 7 days initially and extended up to not exceeding 30 days in case of non transport vehicles. This validity is extended for some more period with the permission of registering authority in case of transport vehicles. In case of transport vehicle you need a time to construct the body of vehicle over the chassis hence you need temporary registration.

In case of non-transport vehicles, to take the vehicle to the place of registration from the dealer’s premises you need to register the vehicle temporarily. Temporary registration is valid for the period of 7 days initially and extended up to not exceeding 30 days incase of non transport vehicles .This validity is extended for some more period with the permission of registering authority in case of transport vehicles.

Registration of New Vehicle

• Register the new vehicle within 7 days from the date of taking delivery from the dealer excluding
the period of journey for vehicles on temporary registration.

• No dealer of vehicle can deliver the unregistered motor vehicle to the purchaser. He can only deliver
the vehicles which are temporarily /permanently registered with R.T.O.

• No owner of a motor vehicle can allow or permit the use of unregistered vehicle.

• No person can drive a motor vehicle, which is not registered with R.T.O.

• Get the vehicle registered directly from the dealer on his trade certificate.

• Produce vehicle for inspection to RTO . Vehicle is inspected by an inspector of it confirms to the
provision of Act & rule then vehicle tax is recovered & new registration number is assigned.

How to Apply for Registration of Vehicle

1. Form 20

2. Sale certificate in Form 21 given by dealer.

3. Roadworthiness certificate in form 22 ,22-A from the manufacturer.

4. Approval from Transport Commissioner.

5. Purchase invoice (for vehicles attracting life time tax).

6. Temporary registration if any.

7. PAN number or Form-60 in two copies (expect 2 wheelers ).

8. Valid insurance certificate.

9. Address proof.

10. Roadworthiness certificate in form 22-A part II from the body builder for transport vehicles.

11. Bill of entry for imported vehicles.

12. Octroi receipt if registering in municipal limits.

13. Manufacturers certificate for invalid carriage.

14. Customs clearance certificate in case of imported vehicles along with license & bond if any.

15. Design approval from transport commissioner in the case of a trailer.

16. 7/12 abstract or tahasildar certificate in the case of agricultural tractor & trailer.

17. Entry tax payment proof if any vehicle, body or tanker is purchased from outside the state.

18. Fee

19. All valid documents of the vehicle.

If vehicle registered in one state is to be kept or used in other state for the period of more

than a year then the vehicle needs to be registered in the later state new registration

number to be assigned . While doing so, the NOC from original registering authority &

consent of financier needed to be furnished.

How to Apply

1. Form 20, Form 26, Form 27.

2. Form 33 In case of change of address only.

3. Form 29, Form 30 In case of transfer of ownership.

4. Form FT, Form AT.

5. NOC in Form 28 with chassis print affixed on it from the original registering authority along with
consent from financier.

6. Form TCA, Form TCR – incase of transport vehicles only.

7. Proof of payment of entry tax in case vehicle has arrived within 30 months of date of it's first
registration.

8. An affidavit from the owner of the vehicle stating that vehicle in concerned in not involved in any accident, theft or crime.

9. Fee.

10. All valid documents of the vehicle.

Registration for VIP Numbers

Conditions

• Under MMVR 1989 R54 the applications for new VIP nos. will be accepted from 5th February 2002
onwards during office hours.

• On grant of the VIP nos the applicant shall pay the prescribed fees on the same day or on the
following day during cash hours from 10:00 A.M. to 2:30 P.M.

• The notified nos are available on payment of Rs.10000/- subject to availability. And the jumping nos
from current no. upto 1000 (except those notified) will be assigned on payment of Rs. 4000/-
subject to availability.

• If more than one applications are received on one day, the nos will be allotted by lottery system by Dy. R.T.O. at 5.30 hrs on same day.

• Reservation for such nos will be in force and will be valid for 30 days only.

• All applications on plain paper will be accepted at R.T.O. main office by the concerned clerk of Non- Transport Series.

Transfer of Motor Vehicle Ownership

Time Limit

• Within the same office area - 14 days

• In the jurisdiction of other authority - 30 days

Documents Required

• Form 29 - Declaration of seller.

• Form 30 - Declaration of purchaser.

• Form 28 - NOC in case of vehicles from outside address proof PUC certificate, Insurance region/state

certificate, Registration Certificate, Tax Certificate) accompanied by prescribed fees.

Issue of Driving License

Learning License

Steps to obtain your Learner's License

Check up if you are medically fit. (Your doctor will confirm this on page two of Form 2)

Applicant should be

• 16 years old if you are to drive personal vehicles below 50 cc.

• 18 years old if you are to drive personal vehicles above 51 cc.

• 20 years old if you are to drive transport vehicles (passenger & goods transport). Form 1 & Form 2

(for non-transport, i.e. personal vehicle) or Form1A & Form2 (for transport Licence i.e. autorikshaw,

taxi, truck used for transport business)

Attach to the form

• Two passport-size photographs.

• One proof of your address such as ration card, electricity bill, telephone bill, voter's card, insurance

certificate, passport etc (original and its photocopy; original will be returned to you).

• One proof of your age such as birth certificate, school or college Leaving Certificate (original and its

photocopy; original will be returned to you).

Permanent Licence

A person after completion of thirty days of Learner’s licence may apply for the test of

competence to drive to the licencing Authority in whose jurisdiction he resides.

Documents Required and tests

• Form 4

• Learner’s licence

• Three copies of recent photographs

• Proof of age and address as per Rule 4 of Central Motor Vehicle rules except Ration card.

• Driving school’s certificate in Form 5 for all transport vehicles

• Fee

• All valid documents of the vehicle on which the test to be conducted

• Ability of the Applicant

• Adjust rear view mirror.

• Take suitable precautions like fastening of seat belts etc before starting engine.

• Move away safely and smoothly straight ahead at an angle while at the same time use of all gears.

• Change quickly to lower gear when the traffic conditions warrant such change.

• Change quickly to lower gears while driving down hill.

• Stop and restart on steep upward incline make proper use of hand brakes and of the foot

• brakes without rolling back, turn right and left corners correctly using rear view mirror

• Over take and allow to be overtaken safely with proper caution giving appropriate signals.

• Give appropriate signals by hand or by electrical indicators clearly without mistake.

• Change the lanes using proper signals with care.

• Stop the vehicle in an emergency safely.

• Use of the reverse gear while driving the vehicle backwards with reasonable accuracy.

• Use the forward and reverse gears to change the face of vehicle in opposite direction.

• Take correct and prompt action at signals given by traffic signs, signals, policemen and other road

users.

• Drive cautiously at pedestrians crossings giving preference to persons crossing the road.

• Keep well to the left in normal driving.

• Regulate the speed to suit varying road and traffic conditions.

• Demonstrate control of the vehicle by confident steering and smooth gear changing and braking as

and when required.

• Make proper use of rear view mirror before signaling, maneuvering, overtaking, turning to right or

stopping.

• Use proper side when driving straight, turning and at road junctions.

• Make proper use of accelerator, clutch, gears, brakes, steering and horn.

• Anticipate the actions of other road users.

• Take precautions at intersections & road junctions to adjust the speed, proper positioning of the

vehicle, use rear view mirror & avoidance of cutting right hand corner.

• Concentrate on driving with attention & presence of mind.

• Show courtesy & consideration for other road users keeping in mind the road safety.

A person is granted the driving licence after successfully passed the test of competence to drive. If he does not pass the said test then he may appear for retest after a period of seven days.

Note : If you are to drive public/goods carrier vehicle, you have to fill up Form 5 and attach proof of your address and age as in 1 and 2 above.

Renewal of Driving Licence

Documents Required

• Form 9

• Driving licence

• Application –cum-declaration as to physical fitnees in Form 1

• Medical Certificate in Form 1-A

• Three copies of applicants recent photographs

The driving license is renewed with effect from the date of its expiry when the application is made before its expiry or within thirty days grace period. The driving license is renewed with effect from the date of renewal when the application is made after the grace period. The driving license cannot be renewed after the period of five years when it has ceased to be effective. If the license is from other state it is desirable that the applicant should bring No Objection Certificate (N.O.C.) / confirmation of driving license from Original Licensing Authority.

Validity of Motor Driving License

Type of License


Validity

Learner's License


6 Months

Transport License


3 Years

License to drive vehicle carrying hazardous chemicals


1 Year

After the age of 50 yrs


5 Years

All other class of license (Till the age of 50 years)


20 years or up to the age of 50 yrs whichever is earlier

International Driving Permit

If you are interested to show your skills on foreign land you are required to obtain International driving permit. IDP is valid only in the country we have signed under UN conversion.

Basic Requirement

1. Valid driving license

2. Passport

3. Visa

4. Medical Certificate in Form IA

5. Payment of prescribed fees (at present Rs.500/- only)

6. Applicant should submit the application in whose jurisdiction he stays. It is advisable to applicant to

get the necessary changes about the address on motor driving license before submitting the

application for IDP.

7. The applicant is required to appear before licensing authority for grant of IDP. Form of IDP (to be

collected from Head Clerk MDL)

Disqualification & Revocation

If a licensing authority is satisfied, after giving the holder of a driving license an opportunity of being heard, that the –

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; 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 license or a license 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 his Act; or

G. Has failed to submit to, or has not passed, the test 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 license or a driving

license with the consent in writing of the person having the care of the holder of the license and

has ceased to be such care,

It may, for reasons to be recorded in writing, make an order -

1. Disqualifying that person for a specified period for holding or obtaining any driving license to drive all

or any classes or descriptions of vehicles specified in the license; or

2. Revoke any such license

INSURANCE

The motor vehicle insurance certificate is a legal requirement as per Motor Vehicle Act 1988 (sec 146 & 147). It gives financial protection from accidental risk. It is very much dangerous and illegal to drive a motor vehicle without insurance.

Type of Motor Vehicle Insurance

1. Third party policy

This covers the risk or damages caused to the third person. Personal injuries and personal

vehicle damages will not be covered by this policy. For two wheeler vehicles we can take this policy for life time. For other vehicles this policy has to be renewed annually. This is the cheapest available motor vehicle insurance policy. This policy can be renewed two months in advance of its expiry.

2. Comprehensive policy

This is the costly policy. It covers both personal and third party risk. We have to renew this policy annually, and it can be renewed two months in advance anywhere in India.

3. Transfer of insurance

Third party insurance policy changes automatically when the registered owner changes. In case of comprehensive policy an application is to be made for change of ownership in the policy.

4. Duplicate Insurance Certificate

If the motor vehicle insurance certificate is lost or defaced, duplicate copy may be obtained by making an application to the concerned Insurance company branch by paying fees of Rs. 50/-.

Accident Claim

To obtain motor vehicle claims of an accident, one has to make detailed claim to the concerned insurance company. One who makes a claim application has to submit following documents.

• Valid driving license.

• Valid insurance certificate.

• Valid registration certificate.

• Valid tax certificate.

• First information report (FIR).

• Valid permit for a transport vehicle.

• Valid fitness certificate for transport vehicles.

• Claim estimation report by an authorised surveyor of the Company.

Road Safety Measures

• Defensive Driving

Defensive driving means driving in a manner that prevents accidents in spite of adverse driving conditions and situations created by others who may not follow rules. Knowledge of correct rules and

techniques, and the ability to handle unexpected emergencies are requirements for a good driver. It is the knowledge that can help you to successfully tackle any situation caused by other's mistakes, bad roads, adverse weather, traffic conditions, mechanical failure of your vehicle, etc.

• Accelerating

Do not roll back when you start. Partly engage the clutch before you make your foot off the brake. Set the handbrake and release it only when you have applied enough engine power to prevent rolling back. Speed up smoothly and slowly, so that the vehicle does not jerk. Rough acceleration can cause damage to the coupling, when pulling a trailer. Sudden speeding on a wet or slippary surface can cause skidding.

• Reversing

Since you cannot see everything behind your vehicle, reversing requires extra caution. Remember the following tips.

1. Look at your reversing path before you begin.

2. Reverse slowly, using mirrors.

3. As far as possible, turn towards the driver's side. Turning towards the other side is dangerous

because of limited view behind.

4. Never reverse from a minor side road onto a major road.

5. Fit reversing light and audible warning signal.

6. Always use a helper.

7. Do not reverse longer than absolutely necessary.

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