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Motor Vehicle Issue

A driving license and vehicle registration certificate (RC) are important legal documents required to drive vehicles in India. A driving license is issued by regional transport authorities and allows individuals to drive specific categories of vehicles after passing a test. An RC certifies that a vehicle is registered with the government and contains details about the vehicle. It must be renewed every 15 years and is necessary to legally drive a vehicle on public roads. Obtaining an RC involves inspecting the vehicle, filling forms, paying fees and providing documents at the local RTO office or through a motor dealer.

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0% found this document useful (0 votes)
579 views

Motor Vehicle Issue

A driving license and vehicle registration certificate (RC) are important legal documents required to drive vehicles in India. A driving license is issued by regional transport authorities and allows individuals to drive specific categories of vehicles after passing a test. An RC certifies that a vehicle is registered with the government and contains details about the vehicle. It must be renewed every 15 years and is necessary to legally drive a vehicle on public roads. Obtaining an RC involves inspecting the vehicle, filling forms, paying fees and providing documents at the local RTO office or through a motor dealer.

Uploaded by

ankit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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I.

Driving License

A driving licence is basically an official document issued by the Government of India,


permitting individuals to operate or drive a motorised vehicle such as a car, motorbike, truck,
bus, etc., on a public road, without any supervision. In India, a driving licence is issued by the
Regional Transport Authority (RTA) or Regional Transport Office (RTO) of that particular
state. The Motor Vehicles Act of 1988 states that no individual without the Driving licence is
authorized to drive a motor vehicle in a public place.

Hence, if you wish to drive a motor vehicle like car or scooter on roads, you must first hold a
valid driving licence in India. If you are practising to drive a vehicle, you must first get a
Learners licence which will act as a provisional licence and then must take a test to qualify
for getting a Driving licence.

Meaning - A driving licence is a legal and certified document that authorizes the holder to run
all categories of motor vehicles on Indian roads as well as highways. Driving licence is a
certification to drive a definite class of the vehicle on the road, like a two-wheeler or a four-
wheeler or maybe a commercial vehicle, within national limitations.

Who issues a driving license?


The entire transport process is looked after by the RTA (Regional Transport Authority) or
RTO (Regional Transport Office) which are the Regional Transport Offices in the respective
state. Driving without the same is treated as a legal offence which is subject to severe
consequences.

The Government has allowed the facility of online services that will help you to make an
application for a Driving licence and get a driving licence effortlessly and without any
botheration.

Why is the driving license necessary?


Section 3 of the Motor Vehicles Act – Necessity of driving license

You need a driving license to drive a vehicle in India. Besides this primary reason, a driving
license helps you avoid legal complications when you are caught driving without a license.
Moreover, the license also serves as a proof of identity, address and date of birth in different
types of transactions. Thus, a driving license is a necessary requirement if you wish to drive.

Types of Driving License


There are four types of Driving licence in India. The following are common types of driving
licenses:

 Learner’s Driving license: Section 8 – Grant of learner’s license. If you are willing to


learn driving, a Learner’s License gets issued to you. The Learner’s License is only valid
for a period of 30 days after which, you will have to apply for a permanent driving
license. The standard criteria for applying for a permanent driving license are that you
will have to give and pass the online driving license test at the RTO office. A person
holding a learning license like you should be at all times to be escorted by a permanent
driving license holder.
 Permanent Driving License: As mentioned above, a driving license is a lawful document
that empowers an individual to drive a vehicle in Indian roads. Driving license gets issued
by the RTO or the RTA post you pass the driving license test effectively. The key
eligibility for applying for you to apply for a permanent driving license is to hold a
learning license and your age should be minimum 18 years. The application for a
permanent driving license can be done by completing the form for a driving license
available online. The license gets issued as a smart card which has your personal
information like address, photo, address, signature, etc. A chip is being placed on the
smart card which holds your biometric information like an impression of the finger with
the category of vehicle that you are officially authorized to run.
 Commercial Driving License: The process of obtaining a commercial driving license is
similar to that of receiving a driving license for private vehicles. In this case, the health
aspect of the applicant is carefully checked when issuing this kind of driving license. You
as an applicant need to pass the 8th standard test from a certified school. The minimum
age of the candidate varies per the rules of various Indian states. This type of license
allows you to drive heavy nature which helps in the transportation of goods or travellers.
 International Driving License: An international driving license allows you to take a
vehicle on rent and drive a vehicle in a foreign land. This permit needs to be used with the
permanent driving license. The validity of this type of license is for 1-year after which
you will have to again apply for another International Driving License.

Format of a driving license- Section 10


The driving license contains a unique identification number of the applicant which is
mentioned in the format AA – 12 – 1234 – 1234567. The format can be explained as below –
 The first two letters are the code of the State in which the driving license is issued. So,
if you avail a driving license in Maharashtra, the first two letters would be MH
 The next two digits are the code of the city in which the license is issued. So, if the
license is issued in Pune, the code would be 12
 The next four digits represent the year in which the license has been issued. If the year
is 2020, the next four digits would be 2020
 The last seven digits are the unique identification number which is allotted by the
RTO.
 So, if you avail a driving license in Pune in 2020, the format would be MH – 12 –
2020 – 1234567 where 1234567 would be the code issued by the RTO.

II. Registration Certificate of Vehicle

What is RC?

The Registration Certificate (RC) of your vehicle is the official document which states that
your vehicle is registered with the Indian Government. It mentions the territorial boundary in
which the vehicle can be used, engine and chassis number, fuel used, cubic capacity, and
specifies the category of the vehicle. Some important features about the RC are:

 As per the Motor Vehicle Act, all vehicle owners like you must have a valid RC. Only
after this will you be able to use the vehicle on the Indian roads.

 A Registration Certificate is valid for 15 years from the date of issuance.

 After the expiry, RC can be renewed for 5 years.

 In case, you own a temporary RC, it will be valid only for a month.

Necessity of RC – Section 39

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 in accordance with this Chapter 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.
Objects and Reasons. - Section 39 prohibits the driving of a motor vehicle in any public place
or in any other place without registering it under the provisions of this Chapter. It also
empowers the State Government to prescribe conditions subject to which the provisions of
this clause will not apply to the motor vehicles in possession of dealers.

Section 40 – Registration, where to be made

lays down that a motor vehicle should be registered by the registering authority in whose
jurisdiction the owner of the motor vehicle resides or where the motor vehicle is normally
kept.

Section 41 - Clause 41 provides the form and fee for application for registration of motor
vehicle, the form in which the certificate of registration shall be issued by the registering
authorities, the form of records in which the particulars of vehicles registered shall be kept by
the registering authorities, the distinguishing marks and manner in which such marks
consisting of letters and figures shall be exhibited in motor vehicle. It also lays down that the
certificate of registration shall be valid for a period of 15 years and shall be renewable for a
period of 5 years and the registering authority who is competent to issue duplicate certificate
of registration is the original registering authority

Section 42 - provides procedure for registration of motor vehicles belonging to diplomatic


and consular officers. The form in which certificate of registration for such vehicles are to be
issued, the manner in which such registration certificate are to be sent to the owners and the
special registration marks to be assigned to such vehicles are to be prescribed by the Central
Government.

How to get a Vehicle RC?

Whether the vehicle is new or used, you need to visit the local RTO to get the Registration
Certificate. Here is the procedure to acquire the RC:

 Visit the nearest RTO office with your vehicle.


 Once you reach the RTO office, the vehicle will be inspected by the inspecting
authority.
 Fill in the application form 20 for the RC.
 The authority will take the imprint of the chassis number.
 Submit all the essential documents as needed.
 Pay the registration fees and collect the receipt.
 Wait till the time you receive your RC.

A Registration Certificate can be arranged by your Motor Dealer also. These motor dealers
need to have a valid trade certificate with state RTO. The motor dealer is given login
credentials. They can access the website from their point.

After entering the details and submitting the documents, the request for RC can be
processed.   The original document of RC will be issued and dispatched by the state RTO.
The entire procedure will save your time.

Documents required for Vehicle Registration Certificate

Here is the list of documents needed for your quick reference.

 Valid Identity Proof.


 Purchase Invoice of the Vehicle.
 Copy of Vehicle Insurance
 PAN Card copy.
 Temporary registration issued by the dealer.
 Registration fees receipt.
 Form 20.
 Form 22, Form 22- A i.e. roadworthiness certificate issued by the manufacturer
 Form 21 - sales certificate issued by a vehicle dealer

Penalty - Section 192- Using Vehicle without registration.

Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in


contravention of the provisions of section 39 shall be punishable for the first offence with a
fine which may extend to five thousand rupees but shall not be less than two thousand rupees
for a second or subsequent offence with imprisonment which may extend to one year or with
fine which may extend to ten thousand rupees but shall not be less than five thousand rupees
or with both:

III. The Vehicle Registration Plate (Number plate)

As per the Motor Vehicles Act of 1988, no vehicle can be driven by any person in public
places in India until it is registered by a registering authority. When the registration process
of a vehicle is complete, it is assigned a number plate which is known as the official number
plate. The number plate assigned to a vehicle is unique and no other vehicle in the country
will have the same number plate.

Components of a vehicle number plate

A vehicle number plate that is assigned by the registering authority to the motor vehicle is not
just a collection of random number and alphabets. Each vehicle number plate has a specific
format which is mentioned in detail below:

Part 1: The first part of a vehicle number plate indicates the state or union territory in which
the motor vehicle has been registered. For example, if the vehicle has been registered in the
state of Tamil Nadu, the first two alphabets of the vehicle number plate will be ‘TN’. This
method of denoting the state in the number plate started in the 1980s.

Part 2: The next two digits after the first two alphabets is the refers to the district in which
the vehicle was registered. Each district in a state is assigned its own sequential number. This
is the reason as to why the government has set up Regional Transport Office (RTO) in every
district in the country. The RTO in the applicant’s district of residence is responsible for
registering the motor vehicle.

Part 3: The third part of the vehicle number plate is a number that is different for each
vehicle. This component of the number plate makes it unique. If there are no unique numbers
left to assign, alphabets are used by the registering authority to replace the last digit.
Applicants pay considerable sums of money to get custom made vehicle number plates.

Part 4: The fourth part of a vehicle number plate is an oval symbol in which the letters ‘IND’
are written to signify that the vehicle has been registered in India. In High Security
Registration Plates (HSRP) the oval symbol also includes a hologram made of chromium on
the top of it which resembles a ‘Chakra’. HSRP was introduced in 2005 to reduce the stealing
of vehicles. Although the inclusion of chromium hologram has been made mandatory by the
government for high security vehicles, it has still not been implemented in many states.

Temporary Vehicle Number Plate

 When a customer buys a vehicle, he or she is issued a ‘To Register’ (TR) sticker. A
TR sticker is nothing but a temporary registration number provided by the registering
authority which is valid for a month. During this period the owner of the vehicle must be
careful not to drive the vehicle on the road so as to avoid paying a huge fine.
 There is a proper procedure for the registration of the motor vehicle. The owner of the
motor vehicle has to provide the required documents such as PUC, road worthiness
certificate, driving license, sales invoice of the vehicle etc. The engine and chassis number
of the vehicle is also verified by the registering authority.
 The license number issued by the registering authority is valid for a period of 20
years.

Selling unique number plates

 The Regional Transport Office (RTO) sells unique number plates to those motor
vehicle owners who want their vehicle number plate to stand out.
 RTOs hold auctions for vehicle number plates that are considered lucky or have huge
demand.
 The bidding price for these numbers can go as high as Rs.3 Lakh.
 The only numbers that are very difficult for the owners to get are the numbers below
100. These numbers are reserved for government owned vehicles.

Importance of the colour in vehicle number plates

 White: If the vehicle number plate of a vehicle is white in colour with black font, the
vehicle is private and cannot be utilised for commercial purposes.
 Yellow: If the vehicle number plate is yellow in colour with black font, the vehicle is a
commercial taxi or a truck although the driver of the vehicle requires a permit from the
registering authority to drive it.
 Blue: If the vehicle number plate is blue in colour with white text, it is a vehicle that is
being used by a foreign delegate. Also, the vehicle number plate will include country
code instead of the state code.
 Black: If the vehicle number plate is black with the font in yellow, it means that the
vehicle is commercial with a private owner who has rented the vehicle to someone else to
drive. The permit is not required by the driver in this case.
 Red: If the vehicle number plate is red, the vehicle is being used by the President of India
or any of the state governors.
 Upward Arrow: Military vehicles use a different system for vehicle number plate than
any other type of vehicle. The system uses broad arrow as a prefix and the state code is
replaced by the year in which the vehicle was manufactured.
Overall, a vehicle plate number has lot of components which are essential for any driving
license holder to know.

IV. Third party Insurance

In India, under the provisions of the Motor Vehicles Act, 1988, it is mandatory that every
vehicle should have a valid Insurance to drive on the road. Any vehicle used for social,
domestic and pleasure purpose and for the insurer's business motor purpose should be
insured.

Meaning- Insurance is a contract whereby one party, the insurer, undertakes in return for a
consideration, the premium, to pay the other, the insured or assured, a sum of money in the
event of the happening of a, or one of various, specified uncertain events.

Motor third-party insurance or third-party liability cover, which is sometimes also referred to
as the 'act only' cover, is a statutory requirement under the Motor Vehicles Act. It is referred
to as a 'third-party' cover since the beneficiary of the policy is someone other than the two
parties involved in the contract i.e. the insured and the insurance company. The policy does
not provide any benefit to the insured; however, it covers the insured's legal liability for
death/disability of third-party loss or damage to third party property.

There are two quite different kinds of insurance involved in the damages system. One is
Third Party liability insurance, which is just called liability insurance by insurance companies
and the other one is first party insurance.

A third-party insurance policy is a policy under which the insurance company agrees to
indemnify the insured person, if he is sued or held legally liable for injuries or damage done
to a third party. The insured is one party, the insurance company is the second party, and the
person you (the insured) injure who claims damages against you is the third party.

WHO ARE FIRST AND SECOND PARTIES?

A third-party insurance policy is a policy under which the insurance company agrees to
indemnify the insured person, if he is sued or held legally liable for injuries or damage done
to a third party. The insurance company and the insured are first and second parties, and any
other who suffered death, injury or the person who claims damages against you is the third
party.

WHO IS THIRD PARTY?

Motor Vehicle Act, 1988, under section 145(g) “third party” includes the Government.
“Third party” include everyone (other than the contracting parties to the insurance policy), be
it a person travelling in another vehicle, one walking on the road or a passenger in the vehicle
itself which is the subject matter of insurance policy.

Salient Features of Third-Party Insurance

 Third party insurance is compulsory for all motor vehicles. In G. Govindan v. New
India Assurance Co. Ltd., Third party risks insurance is mandatory under the statute.
This provision cannot be overridden by any clause in the insurance policy.
 Third party insurance does not cover injuries to the insured himself but to the rest of
the world who is injured by the insured.
 Beneficiary of third-party insurance is the injured third party, the insured or the policy
holder is only nominally the beneficiary of the policy. In practice the money is always
paid direct by the insurance company to the third party (or his solicitor) and does not
even pass through the hands of the insured person.
 In third party policies the premiums do not vary with the value of what is being
insured because what is insured is the legal liability' and it is not possible to know in
advance what that liability will be.
 Third party insurance is almost entirely fault-based. (means you have to prove the
fault of the insured first and also that injury occurred from the fault of the insured to
claim damages from him)
 Third party insurance involves lawyers aid.
 The third-party insurance is unpopular with insurance companies as compared to first
party insurance, because they never know the maximum amounts, they will have to
pay under third party policies.

Relevant Provisions of Motor Vehicles Act,1988

 Chapter 11 (Section 145 to 164) provides for compulsory third-party insurance, which is
required to be taken by every vehicle owner. It has been specified in Section 146(1) that
no person shall use or allow using a motor vehicle in public place unless there is in force
a policy of insurance complying with the requirement of this chapter. Contravention of
the provisions of section 146 is an offence and is punishable with imprisonment which
may extend to three months or with fine which may extend to one thousand rupees or
with both (section 196).
 Section 147 provides for the requirement of policy and limit of liability. Every vehicle
owner is required to take a policy covering against any liability which may be incurred by
him in respect of death or bodily injury including owner of goods or his authorized
representative carried in the vehicle or damage to the property of third party and also
death or bodily injury to any passenger of a public service vehicle. According to this
section the policy not require covering the liability of death or injuries arising to the
employees in the course of employment except to the extent of liability under Workmen
Compensation Act.
 Under Section 149 the insurer has been statutorily liable to satisfy the judgment and
award against the person insured in respect of third-party risk.

Nature and Extent of Insurer's Liability (section 147)

According to the provisions of this section the policy of insurance must be issued by an
authorized insurer. It must be as per requirements as specified in subsection. It must insure
against liability in respect of death or bodily injury or damage to property of a third party.
Third party includes owner of the goods or his authorized representative carried in the vehicle
and any passenger of a public service vehicle.

V. Basic Do’s and Don’ts while driving a two-wheeler or four-wheeler


or six-wheeler or eight-wheeler
1. Two-Wheeler

Two-wheelers on the road are cursed by four-wheeler drivers every day because they always
seem to be cutting ahead, riding on the pavements and getting home so much faster than their
four-wheeled brothers. Sure, there are reasons to be jealous, but two-wheelers are much more
at risk on the road. Chances are everyone you know who rides a two-wheeler has gotten into
at least one accident in their years on the road. This is where the significance of a two-
wheeler insurance policy comes into the picture - it protects you and your bike from several
incidents such as accidents, theft, vandalism, etc. The Do’s and Don’t for the Two- Wheeler’s
are as follows:
 Protect yourself:
Invest in a good helmet. A lot of deaths happen due to injuries to the head. People have
narrowly escaped death because of the smart decision to wear helmets. You should get
yourself a sturdy helmet which covers the jaws. Some people wear a helmet just to avoid
being fined by cops, but remember that you wear a helmet for yourself. Secure the strap
around your jaw. Protect your eyes. Buy a helmet with a plastic face shield which will
protect your eyes from rain, dust, wind, insects etc. Always carry the Driving License and
important papers related to the vehicle along with the PUC Certificate.

If the climate allows, it’s a good idea to wear a leather jacket, boots and gloves as they will
protect you against bruises and minor injuries in case of a fall.

 Make yourself visible:

Wearing either reflective bands over your helmet or a helmet that is of a bright colour.
Also put reflective bands on the sides and back of your two-wheeler.

Make sure that you stay away from the blind spots of vehicles, trucks and buses in
particular.

 Maintain a safe distance from vehicles:

Never stop right behind or ahead of a vehicle. Make sure you have enough space to move
around. Avoid weaving in and out of traffic. Keep a distance while overtaking parked or
moving vehicles or while overtaking other vehicles on the road. Whether you are
overtaking a moving, or even a parked vehicle, make sure that you leave plenty of space.
Do not try to cut ahead when there is some space between two vehicles. That is for
avoiding collisions. Be respectful.

 Look out for obstacles and road hazards:

Garbage piles, speed breakers, oil spills, Pot-holes, railway crossings, dirt roads, stray
animals among others can all pose a serious threat if we are not careful.

 Maintain your bike well:

by having it serviced regularly. Also try to check for yourself before each ride. Look out
for the condition of the brakes, air pressure, tyre condition, horn, clutch, lights, suspension
etc. If your bike is in good condition, it increases fuel efficiency and reduces risks of
accidents.
 Footpaths are meant for walking. Not biking! The footpath was created so that humans
could walk safely. Please do not ride your bike THERE!

 Want to do some rash-riding? Stay at home!!: Ride for pleasure. Don’t ride to kill or be
killed. Ride within the speed limit. You may be in a hurry, but rash-riding is a strict no-
no.

2. Four-Wheelers:
 Take some time to check your vehicle before starting like break, clutch, adjusting mirrors,
headlight, horn, indicators, wipers etc.
 Before starting your cars do not forgot to release your hand break.
 While driving car audio player should be in feasible sound or low medium sound.
 Always keep open the windows of driver.
 Close all windows before switch on air-condition of your vehicle.
 Switch off your audio player whenever all windows of your vehicle are closed because the
horn sounded by the opposite vehicle should be audible to you.
 During rainy season use your wiper accordingly. Driving vehicles without viper in rainy
season is an act of welcoming accident.
 Always carry the Driving License and important papers related to the vehicle along with
the PUC Certificate.
 Use headlight and fog light during heavy rain or fog.
 During rainy season your audio player should be completely switched off because the
noise created by the heavy rain disturb in hearing the horn blown by the opposite vehicles.
In this circumstance if your audio player kept on then it will be more difficult to hear the
horn sound of other vehicles. As a result of these you will not get sufficient time to act
well in advance to avoid accident.
 Before starting you should make a sketch of your route and destination in your mind.
 Dim and dip should also be used while driving at night. All vehicles are fitted with high
beam headlight so that may be one of the reasons for road accident.
 Reduce the speed of your vehicle to 30-40km during rainy days.
 Extra cautious about humps made in between the road.
 Warning signals erected at the road ends may also be notified.
 Being a driver, you should acquire some knowledge of driving psychology.
 Do not forgot to take driving license and other driving related records.
 Do not adopt shortcut method to get license that may kill your life. So, honestly try to pass
your driving test that will enhance your driving confidence.
 Do not panic in adverse situation.
 Do not drive your vehicle in dilemma.
 Do not mix drinking and driving.
 Avoid over speed, that may lead to severe accident.

3. Six Wheeler

 Avoid driving in the truck's blind spots. There are blind spots on both sides of large trucks
where your car may "disappear" from view and the trucker will not be able to see you. If
possible, pass trucks on the left rather than the right, where the blind spot is smaller.

 Watch brake lights. When sharing the highway with a big rig, pay close attention to its
brake lights and signals and act accordingly.

 Always carry the Driving License and important papers related to the vehicle along with the
PUC Certificate

 Don't follow too close to a tractor trailer. If you are following a semi-truck, leave ample
following distance in front of you. The truck driver has a blind spot behind the trailer. As a
rule, if you can't see the driver's side view mirrors, the driver can't see you.

 Don't be intimidated if a truck driver is tailgating. The law requires a tractor trailer to allow
400 feet between the truck and the vehicle it is following. That rarely happens, and as a
result trucks run over cars or force them off the road. If a tractor trailer is following close
behind you, slow down. By increasing the distance between you and the car in front of you,
you are creating a buffer in the event any vehicle stops suddenly, has a blowout, or goes out
of control.

 Never cut in front of any vehicle – especially a semi-truck. Remember that semi trucks
require a greater stopping distance. If you force a semi truck to stop quickly, a serious
accident could result.
 Watch out for the “squeeze play.” Semi truck drivers need to swing wide to the left in order
to negotiate a right turn. When truck drivers make wide right turns, they can't see smaller
vehicles directly behind or beside them. Never get between the truck and a curb, or you may
be in a "squeeze" and suffer serious injuries.

 Use caution on entrance ramps. A 70-ton truck cannot stop or slow down quickly. When
entering a roadway, be sure to allow plenty of space for an approaching commercial truck.

 Use extra caution when passing a large truck. After you pass a large truck, do not pull your
car back into its traffic lane until you can see its headlights in your rear-view mirror.
Leaving this extra distance gives the truck driver the time to slow down or stop if something
is happening on the highway ahead.

 Use extra caution at night and in poor weather. When visibility is poor, all drivers on the
road should use extra caution, slow down, and increase alertness. To ensure your vehicle
can be seen check your head lights and tail lights, and see that your windows and the lights
are clean and clear.

 Report dangerous truck driver behaviour. If you observe a commercial truck exceeding the
speed limit, driving erratically, driving without proper equipment, or driving aggressively,
and if it is safe to do so, note the registration numbers on the vehicle. A phone call or letter
detailing the time, place, and behaviour may prevent a future accident.

 DON'T make assumptions about what other drivers are going to do. Just because someone
has their turn signal on does not mean they are actually going to turn. They may be like the
rest of us, and have forgotten that it is on!

4. Eight Wheeler

 The big sized vehicles with wheel base more than 166 inches and overhang more than fifty
percent are not allowed in Yatra routes and on hill routes.
 Always carry the Driving License and important papers related to the vehicle along with the
PUC Certificate
 The driver should be experienced and efficient for driving on hill roads.
 The vehicle should be technically fit for the hill journey. Before start your journey specially
check the Brakes, steering, level of Engine oil & coolant.
 It is advisable to use genuine parts during the repairs of the vehicle and the vehicle should be
repaired by the technically skilled persons only.
 Backlights and stoplights in working condition should be fixed on the rear part of the vehicle.
 Periodical eye test is advised to every person driving a vehicle.
 Special care be taken to ensure that the vehicle is not driven by a person under the influence
of liquor or any drugs.
 A safety belt is a must; the first driver’s safety is to buckle up. Never drive without a safety
belt. They save lives.
 Practicing defensive driving; Practice defensive driving rather than aggressive driving.
 Watch out for the other driver; always be attentive and cautious when it comes to other guys
on the road.
 Ensuring you maintain your distance, do not follow too closely. Keep your distance to avoid
accidents caused by emergency break.
 In the case of Bad weather, do not drive if the weather is not conducive.
 Don’t drink and drive; alcohol impairs our reasoning senses.

VI. OFFENCES AND PUNISHMENT/FINE UNDER THE MOTOR VEHICLES ACT,


1988 & THE CENTRAL MOTOR VEHICLES RULES, 1989

1. U/s 3 read with Section 181 - Driving Without License - Fine of Rs. 5000/- (Earlier – Rs.
500/-)
2. Section 177- Violation of Road Regulation– Rs. 500
3. Section 180 - Unauthorised use of vehicles without license - Fine of 5000 (earlier Rs.
1000)
4. Section 182(1)- Driving despite disqualification- Fine of 10,000 (Earlier Fine up to 500)
5. Section 182A (2)- Defective vehicles- Imprisonment for up to 1 year and/or fine up to
100,00,00, for defective automobiles.
6. Section 183(1)- Over speeding-
• 1000 to 2000 for LMV
• 2000 to 4000 for medium passenger or goods vehicles
• Second subsequent offence impounding of Driving license (earlier 400rs.)
7. Section 184- Penalty for dangerous driving-
• First offence Imprisonment 6 months to 1 year and/or fine 1000 to 5000
• Subsequent offence (within 3 years from first offence)- Imprisonment up to 2 years
and/or 10000
(Earlier- First offence Imprisonment up to 6 months and fine up to 1000 •
Subsequent offence (within 3 years from first offence)- Imprisonment up to 2 years
and/or fine up to 2000)
8. Section 185 - Drunken driving-
First offence- fine up to 10000 and/or imprisonment up to 6 months
• Second offence - fine of 3000 and/or imprisonment up to 2 years
(Earlier- First offence- fine up to 2000 and/or imprisonment up to 6 months and Second
offence, within 3 years of first offence- fine up to 3000 and/or imprisonment up to 2 years
9. Section 186- Penalty for driving when mentally or physically unfit to drive- First offence-
fine up to 1000 and Second offence fine up to 2000
(Earlier - First offence- fine up to 200 and Second offence fine up to 500)
10. Section 187 - Penalty for offences relating to accident (Section 132(i), 133 and 134)
First offence- fine up to 5000 and/or imprisonment of 6 months
Second offence fine up to 10,000 and/or imprisonment of 1 year
(Earlier
First offence- fine up to 500 and/or imprisonment of 3 months
Second offence fine up to 1000 and/or imprisonment of 6 months)
11. Section 189- Punishment for racing and speeding
First offence- Fine up to 500 and/or imprisonment up to 1 month
• Second offence Fine of 10,000 and/or imprisonment up to 1 months
(Earlier- Fine up to 500 and/or imprisonment up to 1 month
2. Section 192 - Using vehicle without registration-
Contravention of section 56 also punishable under this provision:
• First offence- Fine from 2000 up to 5000
• Second offence Imprisonment up to 1 year or fine from 500 up to 10,000
3. Section 194C- Penalty for violation of safety measures for motor cycle drivers and pillion
riders. - Fine of 1000 and disqualification from license for 3 months.
4. Section 194D- Penal for not wearing helmets- Fine of 1000 and disqualification from
license for 3 months
5. Section 199A - Offences by juveniles-
• Guardian owner deemed guilty.
• Fine of Rs. 25,000 and imprisonment up to 3 years, and cancellation of registration of
motor vehicle for 12 months.
• Juvenile ineligible to obtain learners’ license until the age of 25 years
VI. Car Scrapping In India

The RTO has laid down rules for scrapping old vehicles in India. As per the norm, cars that
are older than 15 years cannot be used. Though they can be transferred to a new state for re-
registration, it is a hassle. Instead, one can scrap the car.

In India, car scrapping is not an organised activity like the sale of used cars. Old cars have
been contributing a lot to the pollution woes in Delhi NCR

Car Scrapping features

To avoid the complexity of transferring a car to another state, the car owner can scrap the
vehicle. Scrapping an old vehicle is one of the safest options available. This ensures that the
car is chopped into pieces and recycled. The chances of it being used for unauthorised
activities are completely eliminated as well.

Some points to note about the scrapping process are as follows:

 When the car is scrapped, its chassis number is taken out before the scrap is sent for
recycling.
 The car owner is expected to approach an authorised scrap dealer for car scrapping.
The dealer should be able to ensure that the vehicle is disposed off in a safe manner
without any adverse impact on the environment.
 The car owner should also approach the RTO and inform them about the scrapping of
the vehicle. There is an option to deregister the car as well.
 The scrap dealer will perform a physical inspection of the car and quote a price for
scrapping based on the weight of the vehicle. Once an agreement is reached, the scrap
dealer will remove the car parts and segregate them into rubber, plastic, iron, etc.
 The car owner can negotiate on the price he/she gets for different car parts, such as
battery, tyres, etc. This largely depends on the condition of these parts as well. If the car
has a CNG unit fitted, then this can also be dealt with separately.
 One of the precautions you should take is to check whether the car has actually been
scrapped by the scrap dealer. There could be instance wherein the scrap dealer does not
really scrap the vehicle, and then it may change hands and be used for illegal activities.
This could invite trouble for the original car owner, as the registration of the vehicle is in
his/her name.
 It is not necessary to submit the original RC to the scrap dealer. You should only
furnish the photocopy of the RC.
 You can take some photos of the scrapped car as evidence for further procedures at
the RTO

Valuation Of Old Cars:

 If the car is not in working condition you are likely to get the rate per kilogram of the
metal parts. The current rate is an average of Rs.15 per kg for metal parts.
 If the car is in good working condition, the scrap dealer will sell the spare parts of the
vehicle. Only the metallic body of the car will be scrapped. The scrap dealer is likely to get
a good profit on the sale of the spare parts, so the car owner can request for a higher lump
sum amount at the time of scrapping.

RTO Rules For Scrapping And Deregistration Of Vehicles:

 The car owner will first have to write a letter to the authorised RTO about the car
scrapping.
 He/she will have to surrender the original RC of the car along with the chassis number
that was cut out from the vehicle at the time of scrapping. This will be kept at the RTO as
part of the historical records.
 The scrap dealer’s confirmation on a letterhead with complete address is also
required. The pictures of the scrap can be submitted at this time.
 The vehicle owner should also submit an affidavit with the application for scrap and
de-registration. The affidavit will mention that the car is not under any loan, insurance
claims, or pending court cases. The affidavit will also confirm that the vehicle is not
involved in thefts.
The RTO will verify the documents submitted and proceed with the next steps after it
receives diligence reports from the traffic police and National Crime Records Bureau
(NCRB). Verification is also done for the records maintained at the RTO office regarding
sale or purchase of the car. If all records are found to be satisfactory, the car will be
deregistered by the RTO.

The Society of Indian Automobile Manufacturers (SIAM) has made suggestions to the
government to provide incentives to car owners who decide to scrap their 15-year old
vehicles. The government in the US has a scheme that offers tax benefits and other incentives
for such car owners. SIAM recommends that such a policy is implemented in our country so
that owners would be encouraged to come forward for car scrapping.

What Happens To The Registration Number Of The Scrapped Car?

 When the RTO completes its car scrapping formalities, the registration number of the
vehicle is free for use by someone else. Hence, it is possible for a new car to get the
registration number of an old car that has been scrapped.
 The insurance company should also be informed about the car scrapping.
When the car is taken to a scrap dealer, you will have to show your identity proof, ownership
proof, and residence proof. The car owner will receive a challan/certificate from the scrap
dealer in return. This is a mandatory step enforced legally to avoid stolen vehicles from being
taken for scrapping.

VII. Vintage Car


National Green Tribunal in the case of Harvinder Sekhon Vs. Union of India & Others
dated 14/09/2017 had banned the plying of petrol vehicles older than 15 years and diesel
vehicles older than a decade in the national capital region (NCR). It had also banned the
parking of 15-year-old vehicles in any public area. The Green Court referring to Rule 92 (2)
(c) of the Central Motor Vehicles Rules, 1989 and Section 59 of the Motor Vehicles Act,
1988, granted an exemption to "antique/vintage" vehicles. 

According to the Central Motor Vehicle rules, the central government currently exempts
vehicles taking part in vintage car rallies from registration. The rules define any car older
than 50 years as a vintage car.The Ministry of Road Transport and Highways formulated a
draft order ‘Regulation of Vintage Motor Vehicles Order, 2019’ which is yet to be passed by
the parliament.

Need for Legislation

The central government on being satisfied that steps are required to encourage and regulate
vintage motor vehicles being a part of technical, motoring and cultural heritage, is pleased to
make the following order of regulation for their registration or re-registration; obligations to
preserve and maintain vintage motor vehicles in a historically correct condition granting these
vehicles unique identity as a vintage vehicle, conditions of use of these vehicles on roads or
in public space etc,

The regulation of vintage motor vehicles order 2019 mentions that these vehicles will display
high-security registration plates bearing a registration mark consisting of the letters
“XXVAYY” where VA stands for vintage, XX stands for state code and YY will be a two
letter series followed by a number from 01 to 09 as allotted by the state registering authority.
The need for regulation was felt when the issue was highlighted time and again including by
various federations and was discussed at the 55th meeting of the Central Motor Vehicles
Rules-Technical Standing Committee (CMVR-TSC).
The Centre has also proposed to form a Vintage Motor Vehicles State Committee at the State
level for administering the process of providing registration to the vintage cars.

The government had earlier made special allowance for vintage cars participating in vintage
car rallies to operate without registration.

The proposed policy also envisages that a one-time fee of Rs 20,000 will be deposited with
the state transport authorities at the time of registration of such vehicles, which will be valid
for 10 years and renewal.

Earlier, there was no formal procedure or clarity of registering old vintage cars.

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