Section 126. Stationary vehicles.

Q: What does Section 126 of the Motor Vehicles Act specify regarding stationary vehicles in public places?

A: Section 126 mandates that no person driving or in charge of a motor vehicle shall permit it to remain stationary in any public place unless certain conditions are met.

Q: What are the conditions under Section 126 of the Motor Vehicles Act for a vehicle to remain stationary in a public place?

A: According to Section 126, a motor vehicle can remain stationary in a public place only if:
- There is a person licensed to drive the vehicle present in the driver's seat,
or
- The vehicle's mechanism has been stopped and adequate measures (like applying brakes) have been taken to prevent accidental movement.

Q: Why is Section 126 of the Motor Vehicles Act important for road safety?

A: Section 126 ensures that vehicles left stationary in public places do not pose a hazard by requiring either a licensed driver in the driver's seat or proper precautions to prevent unintended movement. This promotes road safety and prevents accidents.

Q: What measures constitute ensuring that a vehicle cannot accidentally be put in motion under Section 126 of the Motor Vehicles Act?

A: Section 126 requires applying the vehicle's brakes or taking equivalent measures that effectively prevent the vehicle from moving unintentionally in the absence of the driver.

Q: Are there any exceptions to the requirements of Section 126 of the Motor Vehicles Act?

A: Section 126 does not explicitly provide exceptions. It primarily focuses on ensuring that vehicles are not left unattended in public places without proper safety measures in place to prevent accidents or endangerment to others.

Q: What does Section 127 of the Motor Vehicles Act specify regarding abandoned or unattended vehicles in public places?

A: Section 127 of the Motor Vehicles Act addresses the management of motor vehicles left unattended or abandoned in public places.

Q: When can a police officer authorize the removal or immobilization of a motor vehicle under Section 127 of the Motor Vehicles Act?

A: According to Section 127:
- A police officer in uniform with jurisdiction can authorize the removal or immobilization of a motor vehicle if it has been abandoned or left unattended on a public place for ten hours or more, or if it is parked where parking is legally prohibited.
- If the vehicle is creating a traffic hazard or obstruction due to its condition (wrecked, burnt, partially dismantled), its immediate removal by a towing service may also be authorized by a police officer.

Q: Who is responsible for the costs associated with towing an abandoned or unattended vehicle under Section 127 of the Motor Vehicles Act?

A: The owner of the vehicle is liable for all towing costs and any additional penalties when a vehicle is authorized to be removed under Section 127 by a police officer.

Q: Why does Section 127 of the Motor Vehicles Act authorize the removal or immobilization of abandoned vehicles?

A: Section 127 aims to ensure public safety and prevent traffic obstructions by allowing prompt action to remove or immobilize vehicles that are abandoned, unattended, or in a condition that poses a hazard to traffic or public order.

Q: What measures can be taken to address abandoned or unattended vehicles under Section 127 of the Motor Vehicles Act?

A: Section 127 allows police officers to authorize towing services to physically remove or immobilize vehicles, such as by wheel clamping, that are left unattended for an extended period or are obstructing traffic flow due to their condition or location.

Q: What does Section 128 of the Motor Vehicles Act specify regarding safety measures for drivers and pillion riders of two-wheeled motorcycles?

A: Section 128 of the Motor Vehicles Act imposes specific safety regulations for drivers and pillion riders of two-wheeled motorcycles.

Q: What are the restrictions on carrying passengers on a two-wheeled motorcycle according to Section 128 of the Motor Vehicles Act?

A: According to Section 128:
- The driver of a two-wheeled motorcycle is prohibited from carrying more than one additional person besides themselves.
- Pillion riders must be seated on a proper seat securely fixed to the motorcycle behind the driver's seat, ensuring appropriate safety measures are in place.

Q: Apart from seating arrangements, what other safety measures may be prescribed for drivers and pillion riders of two-wheeled motorcycles under Section 128 of the Motor Vehicles Act?

A: Section 128 allows the Central Government to prescribe additional safety measures for both drivers of two-wheeled motorcycles and their pillion riders, beyond the basic seating requirements mentioned in the Act.

Q: Why does Section 128 of the Motor Vehicles Act restrict the number of passengers on two-wheeled motorcycles?

A: Section 128 aims to enhance safety on the roads by limiting the number of passengers a two-wheeled motorcycle can carry to ensure the stability and control of the vehicle, thereby reducing the risk of accidents.

Q: Who has the authority to prescribe safety measures under Section 128 of the Motor Vehicles Act?

A: The Central Government is empowered under Section 128 to prescribe safety measures, in addition to those specified in the Act, for drivers and pillion riders of two-wheeled motorcycles to promote safer road usage.

Q: Who is required to wear protective headgear according to Section 129 of the Motor Vehicles Act?

A: Section 129 mandates that every person above four years of age, who is driving, riding, or being carried on a motorcycle of any class or description in a public place, must wear protective headgear.

Q: What constitutes "protective headgear" as per Section 129 of the Motor Vehicles Act?

A: According to Section 129:
- "Protective headgear" refers to a helmet designed to reasonably provide protection from injury in the event of an accident.
- The helmet must conform to standards prescribed by the Central Government.
- It must be securely fastened to the wearer's head using straps or other fastenings provided on the headgear.

Q: Are there any exceptions to wearing protective headgear as per Section 129 of the Motor Vehicles Act?

A: Yes, Section 129 provides the following exceptions:
- The requirement does not apply to a person who is a Sikh and wearing a turban while driving or riding on the motorcycle in a public place.
- The Central Government may also establish rules concerning safety measures for children below four years of age who are riding or being carried on a motorcycle.

Q: Why does Section 129 of the Motor Vehicles Act mandate the wearing of protective headgear?

A: Section 129 aims to enhance safety on the roads by ensuring that individuals riding motorcycles wear protective headgear, which is designed to mitigate the severity of head injuries in case of accidents.

Q: What authority is responsible for prescribing the standards of protective headgear under Section 129 of the Motor Vehicles Act?

A: The Central Government has the authority to prescribe the standards that protective headgear must conform to, ensuring that it offers effective protection as mandated by Section 129 of the Motor Vehicles Act.

Q: According to Section 130 of the Motor Vehicles Act, who is required to produce their licence and under what circumstances?

A: Section 130 mandates that the driver of a motor vehicle in any public place must, upon demand by any police officer in uniform, produce their licence for examination.

Q: What should a driver do if their licence has been submitted to another authority or seized under the Motor Vehicles Act or any other Act, as per Section 130?

A: If a driver's licence has been submitted to or seized by another officer or authority under this Act or any other Act, they may produce a receipt or acknowledgment issued by that authority in place of the licence. However, they must subsequently produce the licence within the period and manner prescribed by the Central Government to the police officer making the demand.

Q: Who else besides the driver may be required to produce a licence according to Section 130 of the Motor Vehicles Act?

A: According to sub-section (2) of Section 130, the conductor, if any, of a motor vehicle on any public place shall, on demand by any officer of the Motor Vehicles Department authorized for this purpose, produce their licence for examination.

Q: What documents must the owner of a motor vehicle produce upon demand by a registering authority or any other authorized officer as per Section 130(3) of the Motor Vehicles Act?

A: The owner of a motor vehicle (excluding vehicles registered under section 60) must, upon demand, produce the following documents:
- Certificate of insurance of the vehicle, issued under sub-section (3) of section 147.
- For transport vehicles: Certificate of fitness referred to in section 56 and the permit.

Q: What is the consequence if the driver or owner cannot produce the required documents immediately as per Section 130 of the Motor Vehicles Act?

A: If the required documents (licence, certificate of insurance, certificate of fitness, or permit) are not in the possession of the person upon demand, they must produce them within the period and manner prescribed by the Central Government to the authority making the demand. This provision ensures compliance even if the documents are not immediately available at the time of demand.

Q: What precautions must a driver take at an unguarded railway level crossing according to Section 131 of the Motor Vehicles Act?

A: According to Section 131, every driver of a motor vehicle approaching an unguarded railway level crossing must:
- Bring the vehicle to a stop.
- Ensure that either the conductor, cleaner, attendant, or any other person in the vehicle walks up to the level crossing to check for approaching trains or trolleys from both sides.
- Only proceed across the level crossing after confirming that no train or trolley is approaching.

Q: What should the driver do if there is no conductor, cleaner, attendant, or other person available in the vehicle at an unguarded railway level crossing?

A: If no conductor, cleaner, attendant, or any other person is available in the vehicle, the driver must:
- Stop the vehicle.
- Personally get down from the vehicle to check for approaching trains or trolleys from both sides of the level crossing.
- Proceed to cross the railway track only after ensuring that it is safe to do so.

Q: Why is it important for drivers to take precautions at unguarded railway level crossings as per Section 131 of the Motor Vehicles Act?

A: It is crucial for drivers to take these precautions because unguarded railway level crossings pose a significant risk of accidents. By stopping the vehicle and ensuring the tracks are clear before crossing, drivers can prevent collisions with oncoming trains or trolleys, thereby ensuring their safety and the safety of others on the road.

Q: What happens if a driver fails to comply with the provisions of Section 131 of the Motor Vehicles Act?

A: Failure to comply with Section 131, such as not stopping at an unguarded railway level crossing or not ensuring the tracks are clear before crossing, can lead to serious consequences. It may result in accidents, endangering lives, and could also lead to legal penalties under the Motor Vehicles Act for violating traffic rules related to railway crossings.

Q: When must the driver of a motor vehicle stop according to Section 132 of the Motor Vehicles Act?

A: The driver of a motor vehicle must stop and remain stationary under the following circumstances:
- When directed to do so by any police officer not below the rank of a Sub-Inspector in uniform, in the event of the vehicle being involved in an accident causing injury to a person, animal, or vehicle, or damage to property.
- When required by any person in charge of an animal who apprehends that the animal may become unmanageable or alarmed by the vehicle.

Q: What is the driver required to do when stopping under Section 132 of the Motor Vehicles Act?

A: When stopping under Section 132, the driver must:
- Give their name and address.
- Provide the name and address of the owner of the vehicle to any person affected by the accident or damage, upon demand.
- Receive the name and address of the person affected by the incident, provided they also furnish their own name and address.

Q: What is the definition of "animal" as per Section 132 of the Motor Vehicles Act?

A: In Section 132, "animal" refers to any horse, cattle, elephant, camel, ass, mule, sheep, or goat.

Q: What happens if a driver fails to comply with Section 132 of the Motor Vehicles Act?

A: Failure to comply with Section 132, such as not stopping after an accident involving injury or damage, or refusing to provide necessary information, can result in legal consequences. This may include penalties under the Motor Vehicles Act for offenses related to accidents, injury, or damage to property.

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