[110A. Recall of motor vehicles.—
(1) The Central Government may, by order, direct a
manufacturer to recall motor vehicles of a particular type or its variants, if—
(a) a defect in that particular type of motor vehicle may cause harm to the environment or to the
driver or occupants of such motor vehicle or other road users; and
(b) a defect in that particular type of motor vehicle has been reported to the Central Government
by—
1. Ins. by Act 32 of 2019, s. 39 (w.e.f. 1-4-2021).
2. Ins. by Act 54 of 1994, s. 32. (w.e.f. 14-11-1994).
3. Ins. by Act 32 of 2019, s. 40 (w.e.f. 1-4-2021).
71
(i) such percentage of owners, as the Central Government, may by notification in the Official
Gazette, specify; or
(ii) a testing agency; or
(iii) any other source.
(2) Where the defect referred to in sub-section
(1) lies in a motor vehicle component, the Central
Government may, by order, direct a manufacturer to recall all motor vehicles which contain such
component, regardless of the type or variants of such motor vehicle.
(3) A manufacturer whose vehicles are recalled under sub-section
(1) or sub-section
(2), shall—
(a) reimburse the buyers for the full cost of the motor vehicle, subject to any hire-purchase or
lease-hypothecation agreement; or
(b) replace the defective motor vehicle with another motor vehicle of similar or better
specifications which complies with the standards specified under this Act or repair it; and
(c) pay such fines and other dues in accordance with sub-section
(6).
(4) Where a manufacturer notices a defect in a motor vehicle manufactured by him, he shall inform
the Central Government of the defect and initiate recall proceedings and in such case the manufacturer
shall not be liable to pay fine under sub-section
(3).
(5) The Central Government may authorise any officer to conduct investigation under this section
who shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908
(5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit; and
(d) any other matter as may be prescribed.
(6) The Central Government may make rules for regulating the recall of motor vehicles, of a
particular type or its variants, for any defect which in the opinion of the Central Government, may cause
harm to the environment or to the driver or occupants of such motor vehicle or to other road users.
110B. Type approval certificate and testing agencies.—
(1) No motor vehicle, including a trailer or
semi-trailer or modular hydraulic trailer or side car shall be sold or delivered or offered for sale or
delivery or used in a public place in India unless a type-approval certificate referred to in sub-section
(2)
has been issued in respect of such vehicle:
Provided that the Central Government may, by notification in the Official Gazette, extend the
requirement of type-approval certificate to other vehicles drawn or intended to be drawn by a motor
vehicle:
Provided further that such certificate shall not be required for vehicles which are—
(a) intended for export or display or demonstration or exhibition; or
(b) used by a manufacturer of motor vehicles or motor vehicle components or a research and
development centre or a test by agency for testing and validation or for data collection, inside factory
premises or in a non-public place; or
(c) exempted by the Central Government.
(2) The manufacturer or importer of motor vehicles including trailers, semi-trailers, modular
hydraulic trailers and side cars shall submit the prototype of the vehicle to be manufactured or imported
for test to a testing agency for obtaining a type-approval certificate by such agency.
(3) The Central Government shall make rules for the accreditation, registration and regulation of
testing agencies.
72
(4) The testing agencies shall conduct tests on vehicles drawn from the production line of the
manufacturer or obtained otherwise to verify the conformity of such vehicles to the provisions of this
Chapter and the rules and regulations made thereunder.
(5) Where the motor vehicle having a type-approval certificate is recalled under section 110A, the
testing agency which granted the certificate to such motor vehicle shall be liable for its accreditation and
registration to be cancelled.]
111. Power of State Government to make rules.—
(1) A State Government may make rules
regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all
matters other than the matters specified in sub-section
(1) of section 110.
(2) Without prejudice to the generality of the foregoing power, rules may be made under this section
governing all or any of the following matters either generally in respect of motor vehicles or trailers or in
respect of motor vehicles or trailers of a particular class or description or in particular circumstances,
namely:—
(a) seating arrangements in public service vehicles and the protection of passengers against the
weather;
(b) prohibiting or restricting the use of audible signals at certain times or in certain places;
(c) prohibiting the carrying of appliances likely to cause annoyance or danger;
(d) the periodical testing and inspection of vehicles by prescribed authorities 1[and fees to be
charged for such test];
(e) the particulars other than registration marks to be exhibited by vehicles and the manner in
which they shall be exhibited;
(f) the use of trailers with motor vehicles; and
2
* * * * *
CHAPTER VIII
CONTROL OF TRAFFIC
112. Limits of speed.—
(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to
be driven in any public place at a speed exceeding the maximum speed or below the minimum speed
fixed for the vehicle under this Act or by or under any other law for the time being in force:
Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle
or class or description of motor vehicles by the Central Government by notification in the Official
Gazette.
(2) The State Government or any authority authorised in this behalf by the State Government may, if
satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or
convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by
causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such
maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class
or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in
a particular area or on a particular road or roads:
Provided that no such notification is necessary if any restriction under this section is to remain in
force for not more than one month.
(3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used
in the execution of military manoeuvres within the area and during the period specified in the notification
under sub-section
(1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938
(5 of 1938).
1. Ins. by s. 33, Act 54 of 1994 (w.e.f. 14-11-1994).
2. Clause
(g) omitted by s. 33, ibid. (w.e.f. 14-11-1994).
73
113. Limits of weight and limitations on use.—
(1) The State Government may prescribe the
conditions for the issue of permits for 1[transport vehicles] by the State or Regional Transport Authorities
and may prohibit or restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any
public place any motor vehicle which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or
trailer—
(a) the unladen weight of which exceeds the unladen weight specified in the certificate of
registration of the vehicle, or
(b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of
registration.
(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of
sub-section
(2) or clause
(a) of sub-section
(3) is not the owner, a Court may presume that the offence
was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.
114. Power to have vehicle weighed.—
(1) 2[Any officer of the Motor Vehicles Department 3[or any
other person authorised in this behalf by the State Government] shall, if he has reason to believe that a
goods vehicle or trailor is being used in contravention of section 113] require the driver to convey the
vehicle to a weighing device, if any, within a distance of ten kilometres from any point on the forward
route or within a distance of twenty kilometres from the destination of the vehicle for weighment; and if
on such weighment the vehicle is found to contravene in any respect the provisions of section 113
regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own
risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the
vehicle or trailer has otherwise been dealt with so that it complies with section 113 and on receipt of such
notice, the driver shall comply with such directions.
(2) Where the person authorised under sub-section
(1) makes the said order in writing, he shall also
endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of
such endorsement to the authority which issued that permit.
115. Power to restrict the use of vehicles.—The State Government or any authority authorised in
this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or
convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette,
prohibit or restrict, subject to such exceptions and conditions as may be specified in notification, the
driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers
either generally in a specified area or on a specified road and when any such prohibition or restriction is
imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places:
Provided that where any prohibition or restriction under this section is to remain in force for not more
than one month, notification thereof in the Official Gazette shall not be necessary, but such local publicity
as the circumstances may permit, shall be given of such prohibition or restriction.
116. Power to erect traffic signs.—
(1)
(a) The State Government or any authority authorised in this
behalf by the State Government may cause or permit traffic signs to be placed or erected in any public
place for the purpose of bringing to public notice any speed limits fixed under sub-section
(2) of
section 112 or any prohibitions or restrictions imposed under section 115 or generally for the purpose of
regulating motor vehicle traffic.
(b) A State Government or any authority authorised in this behalf by the State Government may, by
notification in the Official Gazette or by the erection at suitable places of the appropriate traffic sign
referred to in Part A of the Schedule, designate certain roads as main roads for the purposes of the driving
regulations made by the Central Government.
1. Subs. by Act 54 of 1994, s. 34, for “heavy goods vehicles or heavy passenger motor vehicles” (w.e.f. 14-11-1994).
2. Subs. by s. 35, ibid., for certain words and figures (w.e.f. 14-11-1994).
3. Subs. by Act 32 of 2019, s. 41, for “authorised in this behalf by the State Government” (w.e.f. 1-9-2019).
74
1
[(1A) Notwithstanding anything contained in sub-section
(1), the National Highways Authority of
India constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other
agency authorised by the Central Government, may cause or permit traffic signs, as provided in the First
Schedule, to be placed or erected or removed on national highways for the purpose of regulating motor
vehicle traffic and may order the removal of any sign or advertisement which in its opinion is so placed as
to obscure any traffic sign from view or is so similar in appearance to a traffic sign as to mislead or is
likely to distract the attention or concentration of the driver:
Provided that for the purposes of this sub-section, the National Highway Authority of India or any
other agency authorised by the Central Government may seek assistance from the authorities of the State
Government and the said State Government shall provide such assistance.]
(2) Traffic signs placed or erected under sub-section
(1) for any purpose for which provision is made
in the Schedule shall be of the size, colour and type and shall have the meanings set forth in the Schedule,
but the State Government or any authority empowered in this behalf by the State Government may make
or authorise the addition to any sign set forth in the said Schedule, of transcriptions of the words, letters or
figures thereon in such script as the State Government may think fit, provided that the transcriptions shall
be of similar size and colour to the words, letters or figures set forth in the Schedule.
(3) Except as provided by sub-section
(1) 1[or sub-section (1A)], no traffic sign shall, after the
commencement of this Act, be placed or erected on or near any road; but all traffic signs placed or erected
prior to the commencement of this Act by any competent authority shall for the purpose of this Act be
deemed to be traffic signs placed or erected under the provisions of sub-section
(1).
(4) A State Government may, by notification in the Official Gazette, empower any police officer not
below the rank of a Superintendent of Police to remove or cause to be removed any sign or advertisement
which is so placed in his opinion as to obscure any traffic sign from view or any sign or advertisement
which is in his opinion so similar in appearance to a traffic sign as to be misleading or which in his
opinion is likely to distract the attention or concentration of the driver.
(5) No person shall wilfully remove, alter, deface, or in any way tamper with, any traffic signs placed
or erected under this section.
(6) If any person accidentally causes such damage to a traffic sign as renders it useless for the purpose
for which it is placed or erected under this section, he shall report the circumstances of the occurrence to a
police officer or at a police station as soon as possible, and in any case within twenty-four hours of the
occurrence.
(7) For the purpose of bringing the signs set forth in 2[the First Schedule] in conformity with any
International Convention relating to motor traffic to which the Central Government is for the time being a
party, the Central Government may, by notification in the Official Gazette, make any addition or
alteration to any such sign and on the issue of any such notification,1[the First Schedule] shall be deemed
to be amended accordingly.
117. Parking places and halting stations.—The State Government or any authority authorised in
this behalf by the State Government may, in consultation with the local authority having jurisdiction in
the area concerned, determine places at which motor vehicles may stand either indefinitely or for a
specified period of time, and may determine the places at which public service vehicles may stop for a
longer time than is necessary for the taking up and setting down of passengers.
3
[
Provided that the State Government or the authorised authority shall, give primacy to the safety of
road users and the free flow of traffic in determining such places:
Provided further that for the purpose of this section the National Highways Authority of India,
constituted under the National Highways Authority of India Act, 1988 (68 of 1988) or any other agency
authorised by the Central Government, may also determine such places.]
1. Ins. by Act 32 of 2019, s. 42 (w.e.f. 1-9-2019).
2. Subs. by Act 54 of 1994, s. 36, for “the Schedule” (w.e.f. 14-11-1994).
3. Ins. by Act 32 of 2019, s. 43 (w.e.f. 1-9-2019).
75
118. Driving regulations.—The Central Government may, by notification in the Official Gazette,
make regulations for the driving of motor vehicles.
119. Duty to obey traffic signs.—
(1) Every driver of a motor vehicle shall drive the vehicle in
conformity with any indication given by mandatory traffic sign and in conformity with the driving
regulations made by the Central Government, and shall comply with all directions given to him by any
police officer for the time being engaged in the regulation of traffic in any public place.
(2) In this section “mandatory traffic sign” means a traffic sign included in Part A of the Schedule, or
any traffic sign of similar form (that is to say, consisting of or including a circular disc diplaying a device,
word or figure and having a red ground or border) placed or erected for the purpose of regulating motor
vehicle traffic under sub-section
(1) of section 116.
120. Vehicles with left hand control.—No person shall drive or cause or allow to be driven in any
public place any motor vehicle with a left-hand steering control unless it is equipped with a mechanical or
electrical signalling device of a prescribed nature and in working order.
121. Signals and signalling devices.—The driver of a motor vehicle shall make such signals and on
such occasions as may be prescribed by the Central Government:
Provided that the signal of an intention to turn to the right or left or to stop—
(a) in the case of a motor vehicle with a right-hand steering control, may be given by a
mechanical or electrical device of a prescribed nature affixed to the vehicle; and
(b) in the case of a motor vehicle with a left-hand steering control, shall be given by a mechanical
or electrical device of a prescribed nature affixed to the vehicle:
Provided further that the State Government may, having regard to the width and condition of the
roads in any area or route, by notification in the Official Gazette, exempt subject to such conditions as
may be specified therein any motor vehicle or class or description of motor vehicles from the operation of
this section for the purpose of plying in that area or route.
122. Leaving vehicle in dangerous position.—No person in charge of a motor vehicle shall cause or
allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position
or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue
inconvenience to other users of the public place or to the passengers.
123. Riding on running board, etc.—
(1) No person driving or in charge of a motor vehicle shall
carry any person or permit any person to be carried on the running board or otherwise than within the
body of the vehicle.
(2) No person shall travel on the running board or on the top or on the bonnet of a motor vehicle.
124. Prohibition against travelling without pass or ticket.—No person shall enter or remain in any
stage carriage for the purposes of travelling therein unless he has with him a proper pass or ticket:
Provided that where arrangements for the supply of tickets are made in the stage carriage by which a
person has to travel, a person may enter such stage carriage but as soon as may be after his entry therein,
be shall make the payment of his fare to the conductor or the driver who performs the functions of a
conductor and obtain from such conductor or driver, as the case may be, a ticket for his journey.
Explanation.—In this section,—
(a) “pass” means a duty, privilege or courtesy pass entitling the person to whom it is given to
travel in a stage carriage gratuitously and includes a pass issued on payment for travel in a stage
carriage for the period specified therein;
(b) “ticket” includes a single ticket, a return ticket or a season ticket.
125. Obstruction of driver.—No person driving a motor vehicle shall allow any person to stand or
sit or to place anything in such a manner or position as to hamper the driver in his control of the vehicle.
76
126. Stationary vehicles.—No person driving or in charge of a motor vehicle shall cause or allow the
vehicle to remain stationary in any public place, unless there is in the driver’s seat a person duly licensed
to drive the vehicle or unless the mechanism has been stopped and a brake or brakes applied or such other
measures taken as to ensure that the vehicle cannot accidentally be put in motion in the absence of the
driver.
127. Removal of motor vehicles abandoned or left unattended on a public place.—1[
(1) Where
any motor vehicle is abandoned, or left unattended, on a public place for ten hours or more or is parked in
a place where parking is legally prohibited, its removal by a towing service or its immobilisations by any
means including wheel clamping may be authorised by a police officer in uniform having jurisdiction.]
(2) Where an abandoned, unattended, wrecked, burnt or partially dismantled vehicle is creating a
traffic hazard, because of its position in relation to the 2[public place], or its physical appearance is
causing the impediment to the traffic, its immediate removal from the 1[public place] by a towing service
may be authorised by a police officer having jurisdiction.
(3) Where a vehicle is authorised to be removed under sub-section
(1) or sub-section
(2) by a police
officer, the owner of the vehicle shall be responsible for all towing costs, besides any other penalty.
128. Safety measures for drivers and pillion riders.—
(1) No driver of a two-wheeled motorcycle
shall carry more than one person in addition to himself on the motorcycle and no such person shall be
carried otherwise than sitting on a proper seat securely fixed to the motorcycle behind the driver’s seat
with appropriate safety measures.
(2) In addition to the safety measures mentioned in sub-section
(1), the Central Government may,
prescribe other safety measures for the drivers of two-wheeled motorcycles and pillion riders thereon.
3
[129. Wearing of protective headgear.— Every person, above four years of age, driving or riding
or being carried on a motorcycle of any class or description shall, while in a public place, wear protective
headgear conforming to such standards as may be prescribed by the Central Government:
Provided that the provisions of this section shall not apply to a person who is a Sikh, if, while driving
or riding on the motorcycle, in a public place, he is wearing a turban:
Provided further that the Central Government may by rules provide for measures for the safety of
children below four years of age riding or being carried on a motorcycle.
Explanation.— “Protective headgear” means a helmet which,—
(a) by virtue of its shape, material and construction, could reasonably be expected to afford to the
person driving or riding on a motorcycle a degree of protection from injury in the event of an
accident; and
(b) is securely fastened to the head of the wearer by means of straps or other fastenings provided
on the headgear.]
130. Duty to produce licence and certificate of registration.—
(1) The driver of a motor vehicle in
any public place shall, on demand by any police officer in uniform, produce his licence for examination:
Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer
or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgment
issued by such officer or authority in respect thereof and thereafter produce the licence within such
period, in such manner as the Central Government may prescribe to the police officer making the
demand.
4
[
(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of
the Motor Vehicles Department authorised in this behalf, produce the licence for examination.]
1. Subs. by Act 54 of 1994, s. 37, for sub-section
(1) (w.e.f. 14-11-1994).
2. Subs. by s. 37, ibid., for “highway” (w.e.f. 14-11-1994).
3. Subs. by Act 32 of 2019, s. 44, for section 129 (w.e.f. 15-02-2022).
4. Subs. by Act 54 of 1994, s. 39, for sub-section
(2) (w.e.f. 14-11-1994).
77
1
[
(3) The owner of a motor vehicle (other than a vehicle registered under section 60), or in his
absence the driver or other person in charge of the vehicle, shall, on demand by a registering authority or
any other officer of the Motor Vehicles Department duly authorised in this behalf, produce the certificate
of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness
referred to in section 56 and the permit; and if any or all of the certificates or the permit are not in his
possession, he shall, within fifteen days from the date of demand, submit photo copies of the same, duly
attested in person or send the same by registered post to the officer who demanded it.
Explanation.—For the purposes of this sub-section, “certificate of insurance” means the certificate
issued under sub-section
(3) of section 147.]
(4) If the licence referred to in sub-section
(2) or the certificates or permit referred to in
sub-section
(3), as the case may be, are not at the time in the possession of the person to whom demand is
made, it shall be a sufficient compliance with this section if such person produces the licence or
certificates or permit within such period in such manner as the Central Government may prescribe, to the
police officer or authority making the demand:
Provided that , except to such extent and with such modifications as may be prescribed, the provisions
of this sub-section shall not apply to any person required to produce the certificate of registration or the
certificate of fitness of a transport vehicle.
131. Duty of the driver to take certain precautions at unguarded railway level crossing.—Every
driver of a motor vehicle at the approach of any unguarded railway level crossing shall cause the vehicle
to stop and the driver of the vehicle shall cause the conductor or cleaner or attendant or any other person
in the vehicle to walk up to the level crossing and ensure that no train or trolley is approaching from
either side and then pilot the motor vehicle across such level crossing, and where no conductor or cleaner
or attendant or any other person is available in the vehicle, the driver of the vehicle shall get down from
the vehicle himself to ensure that no train or trolley is approaching from either side before the railway
track is crossed.
132. Dut
