Section 109: Construction & Maintenance of Vehicles

Q: What does Section 109 of the Motor Vehicles Act specify regarding the construction and maintenance of vehicles?

A: Section 109 mandates that every motor vehicle must be constructed and maintained in a manner that ensures the driver has effective control over the vehicle at all times.

Q: Can you explain the requirement for motor vehicles regarding steering control under Section 109?

A: According to Section 109, every motor vehicle must have right-hand steering control, unless it is equipped with a specified mechanical or electrical signalling device.

Q: How does Section 109 contribute to ensuring vehicle safety and compliance?

A: Section 109 plays a crucial role in promoting vehicle safety and regulatory compliance by setting standards for the construction, maintenance, and steering control of motor vehicles, thereby enhancing overall road safety.

Q: What authority does the Central Government have under Section 109(3) of the Motor Vehicles Act?

A: Section 109(3) grants the Central Government the authority to specify standards for articles or processes used by manufacturers of motor vehicles through orders published in the Official Gazette, if deemed necessary or expedient in the public interest.

Q: How does Section 109 ensure standardization in vehicle construction and manufacturing processes?

A: Section 109 ensures standardization by requiring motor vehicles to be constructed and maintained for effective driver control and by empowering the Central Government to establish specific standards for manufacturing processes, contributing to uniformity and safety in vehicle production.

Q: What does Section 110 of the Motor Vehicles Act empower the Central Government to do?

A: Section 110 grants the Central Government the authority to establish rules governing the construction, equipment, and maintenance of motor vehicles and trailers. These rules cover a wide range of matters aimed at ensuring safety, compliance, and environmental protection.

Q: Can you explain the scope of rules that the Central Government can formulate under Section 110(1) of the Motor Vehicles Act?

A: Under Section 110(1), the Central Government can create rules pertaining to various aspects such as vehicle dimensions, tyre specifications, brakes, safety glasses, signalling devices, emission standards, noise reduction, chassis and engine identification, safety equipment, software standards, hazardous goods transport, air pollutant emissions, and more.

Q: How do rules under Section 110 contribute to vehicle safety and environmental protection?

A: Rules formulated under Section 110 are pivotal in enhancing vehicle safety and environmental conservation by regulating construction standards, equipment specifications, emission controls, and safety features in motor vehicles and trailers.

Q: What provisions does Section 110(2) of the Motor Vehicles Act include for enforcing compliance with vehicle regulations?

A: Section 110(2) provides mechanisms for ensuring compliance with vehicle regulations, specifying procedures for investigations, empowering designated officers, outlining hearing procedures, and establishing penalties for non-compliance.

Q: How does Section 110 address exemptions for motor vehicles from regulatory provisions?

A: Section 110 allows the Central Government to exempt certain classes of motor vehicles from the provisions of this Chapter, while State Governments have the authority to exempt specific vehicles or classes from rules under prescribed conditions, ensuring flexibility in regulatory application.

Q: What does Section 110A of the Motor Vehicles Act pertain to?

A: Section 110A addresses the recall of motor vehicles by the Central Government in cases where defects pose potential harm to the environment, vehicle occupants, or other road users.

Q: Under what circumstances can the Central Government order a recall of motor vehicles according to Section 110A(1)?

A: The Central Government can direct a manufacturer to recall motor vehicles if there is a defect in a particular type of vehicle that may endanger the environment, vehicle occupants, or other road users. This directive can be based on reports from a specified percentage of owners, testing agencies, or other sources.

Q: What actions must a manufacturer take if their vehicles are recalled under Section 110A?

A: If a manufacturer's vehicles are recalled under Section 110A, they must reimburse buyers for the full vehicle cost, replace the defective vehicle with one of similar or better specifications, or repair it. Additionally, they are liable to pay fines and other dues as specified.

Q: How does Section 110A ensure accountability in vehicle manufacturing?

A: Section 110A mandates that manufacturers inform the Central Government of any defects in their vehicles and initiate recall proceedings promptly. Manufacturers who comply with this requirement are exempt from fines under specified conditions.

Q: What powers does the Central Government have under Section 110A(5) regarding investigations?

A: Under Section 110A(5), the Central Government can authorize officers to conduct investigations related to vehicle recalls. These officers have powers similar to those of a civil court, including summoning individuals, examining them under oath, requesting document production, and receiving evidence on affidavit.

Q: Can you explain the rules that the Central Government can make under Section 110A(6)?

A: Section 110A(6) empowers the Central Government to establish rules governing the recall of motor vehicles for specific defects that could potentially harm the environment, vehicle occupants, or other road users. These rules ensure standardized procedures and compliance with safety standards specified under the Motor Vehicles Act.

Q: What does Section 110B of the Motor Vehicles Act specify?

A: Section 110B mandates that no motor vehicle, including trailers and semi-trailers, can be sold, delivered, or used in public places in India without a type-approval certificate issued under sub-section (2).

Q: What is a type-approval certificate as per Section 110B(2) of the Motor Vehicles Act?

A: According to Section 110B(2), a type-approval certificate is issued by a testing agency after conducting tests on the prototype of a motor vehicle submitted by its manufacturer or importer. This certificate verifies compliance with the provisions of the Motor Vehicles Act and related regulations.

Q: Which vehicles are exempt from requiring a type-approval certificate under Section 110B?

A: Section 110B exempts certain vehicles from needing a type-approval certificate, including those intended for export, display, demonstration, exhibition, or used within factory premises for testing and validation purposes, as specified by the Central Government.

Q: What responsibilities do testing agencies have under Section 110B of the Motor Vehicles Act?

A: Under Section 110B, testing agencies are responsible for conducting tests on vehicles from the production line to ensure they conform to the standards outlined in the Motor Vehicles Act and associated rules and regulations.

Q: How does Section 110B ensure quality control and compliance in vehicle manufacturing?

A: Section 110B ensures quality control and compliance by requiring manufacturers and importers to obtain type-approval certificates from accredited testing agencies, thereby verifying that vehicles meet specified safety and performance standards before being sold or used in public places.

Q: What authority does Section 111 of the Motor Vehicles Act grant to State Governments?

A: Section 111 empowers State Governments to establish rules governing the construction, equipment, and maintenance of motor vehicles and trailers, excluding matters specified in Section 110(1).

Q: What specific matters can State Governments regulate under Section 111(2)?

A: Under Section 111(2), State Governments can enact rules concerning various aspects, including seating arrangements in public service vehicles, protection of passengers against weather conditions, restrictions on audible signals, prohibition of appliances likely to cause annoyance or danger, periodical testing and inspection of vehicles, and the display of vehicle particulars.

Q: Why are rules regarding seating arrangements and passenger protection important under Section 111?

A: Section 111 allows State Governments to mandate seating arrangements in public service vehicles to ensure passenger safety and comfort, along with measures to protect passengers against adverse weather conditions, thereby enhancing overall road safety standards.

Q: How does Section 111 regulate the use of audible signals and appliances in vehicles?

A: Section 111 empowers State Governments to restrict or prohibit the use of audible signals in specific times or places and to regulate the carrying of appliances that may cause annoyance or pose risks to road users, contributing to safer and more orderly traffic conditions.

Q: What role do prescribed authorities play in vehicle testing and inspection under Section 111(d)?

A: Section 111(d) mandates State Governments to establish rules for the periodic testing and inspection of vehicles by designated authorities, ensuring compliance with safety and operational standards. Fees for such tests may also be specified to cover administrative costs.

Q: How does Section 111 contribute to the regulation of trailers used with motor vehicles?

A: Section 111(f) enables State Governments to formulate rules concerning the use of trailers alongside motor vehicles, ensuring their safe operation and integration on roads, thereby promoting traffic safety and efficient transportation practices.

You can also learn about :

Control of Traffic section- 112 to 118

Our other famous blogs are :

Motor Vehicle Act - Miscellaneous | Motor Vehicle Act - Motor Vehicle Temporarily Leaving or Visiting India | Motor Vehicle Act - Registration of Motor Vehicles | Motor Vehicle Act - Liability Without Fault in Certain Cases