Section 191.Omitted.

What does Section 191 of the Motor Vehicles Act pertain to?

Section 191 of the Motor Vehicles Act previously dealt with the sale of vehicles in a condition that contravened the provisions of the Act, or the alteration of vehicles to such conditions. However, this section has been omitted by the Motor Vehicles (Amendment) Act, 2019 (32 of 2019), which came into effect on September 1, 2019.

The omission of Section 191 means that the specific regulations and penalties related to selling vehicles in non-compliant conditions or modifying vehicles in ways that violated the Act are no longer legally defined under the Motor Vehicles Act.

This legislative change reflects updates aimed at streamlining regulations and focusing on other aspects of vehicle safety and compliance.

What are the penalties for using a vehicle without registration under Section 192 of the Motor Vehicles Act?

Section 192 of the Motor Vehicles Act addresses the use of a motor vehicle without registration, which is governed by the provisions of Section 39 of the Act. Here are the penalties specified under this section:

• 1. First Offence:
  • 1. Fine which may extend up to five thousand rupees but not less than two thousand rupees.
• 2. Second or Subsequent Offence:
  • 1. Imprisonment for a term which may extend to one year, or
  • 2. Fine which may extend to ten thousand rupees but not less than five thousand rupees, or
  • 3. Both imprisonment and fine.

3. Exceptions and Provisions:

• 1. Emergency Use: The section exempts the use of a motor vehicle in emergencies, such as for transporting sick or injured persons, relief materials, or medical supplies. However, this must be reported to the Regional Transport Authority within seven days.

2. Explanation: Use of a motor vehicle in contravention of Section 56 (related to temporary registration) is considered a violation of Section 39 and is punishable similarly.

3. State Amendment (Rajasthan): In Rajasthan, the penalties for offences under Section 192 have been amended to impose higher fines for both first and subsequent offences, with provisions for the court to impose lesser fines based on specific reasons recorded in the judgment.

These provisions aim to regulate the use of motor vehicles on public roads and ensure compliance with registration requirements to enhance road safety and accountability.

What are the penalties for using a vehicle without a permit under Section 192A of the Motor Vehicles Act?

Section 192A of the Motor Vehicles Act addresses the use of a motor vehicle without a permit, specifically in contravention of Section 66(1) or any conditions specified in the permit related to the vehicle's route, area, or purpose of use. Here are the penalties specified under this section:

• 1. First Offence:
  • 1. Imprisonment for a term which may extend to six months, and
  • 2. Fine of ten thousand rupees.
• 2. Subsequent Offence:
  • 1. Imprisonment for a term which may extend to one year but not less than six months, or
  • 2. Fine of ten thousand rupees, or
  • 3. Both imprisonment and fine.

3. Exceptions and Provisions:

• 1. Emergency Use: The section exempts the use of a motor vehicle in emergencies, such as for transporting sick or injured persons, materials for repair, relief materials, or medical supplies. However, this must be reported to the Regional Transport Authority within seven days.
• 2. Appeals: The court to which an appeal lies can modify or overturn any order related to convictions under this section, even if no appeal is lodged against the conviction itself.

These provisions are in place to regulate and enforce compliance with permit requirements for motor vehicles, ensuring safe and lawful use on public roads.

What are the offences and penalties related to registration under Section 192B of the Motor Vehicles Act?

Failure to Apply for Registration (Subsection 1)

1.Offence: Owner of a motor vehicle fails to apply for registration as required under sub-section (1) of Section 41.

2.Penalty: Fine imposed is five times the annual road tax or one-third of the lifetime tax of the motor vehicle, whichever amount is higher.

Dealer's Failure to Apply for Registration (Subsection 2)

1.Offence: Dealer fails to apply for registration of a new motor vehicle under the specified conditions in sub-section (1) of Section 41.

2.Penalty: Fine imposed is fifteen times the annual road tax or the lifetime tax of the motor vehicle, whichever amount is higher.

Obtaining Registration through False Information (Subsection 3 and 4)

1.Offence: Obtaining a certificate of registration for a vehicle based on false documents or misrepresentation of facts, or where the engine number or chassis number differs from those entered in the registration certificate.

2.Penalty: Imprisonment for a term ranging from six months to one year, and a fine equivalent to ten times the annual road tax or two-thirds of the lifetime tax of the motor vehicle, whichever amount is higher.

These provisions are intended to enforce compliance with registration requirements for motor vehicles and deter fraudulent practices related to vehicle registration.

What are the penalties for agents, canvassers, and aggregators operating without proper authority under Section 193 of the Motor Vehicles Act?

Agents and Canvassers (Subsection 1)

First Offence: Fine of one thousand rupees.

Second or Subsequent Offence: Imprisonment for a term which may extend to six months, or fine of two thousand rupees, or both.

Aggregators (Subsection 2 and 3)

Engaging as an Aggregator (Subsection 2):

Fine up to one lakh rupees, but not less than twenty-five thousand rupees.

Violation of Licence Conditions (Subsection 3):

Fine of five thousand rupees for contravening a non-designated material condition of the licence granted under Section 93(1).

These penalties aim to enforce compliance with regulatory provisions governing the roles of agents, canvassers, and aggregators in the transport sector, ensuring adherence to legal requirements and operational standards.

What are the penalties for driving a vehicle exceeding permissible weight limits under Section 194 of the Motor Vehicles Act?

Exceeding Permissible Weight (Subsection 1)

Offence: Driving a motor vehicle in contravention of Section 113, 114, or 115, which relate to permissible weight limits.

Penalty:

Fine of twenty thousand rupees.

Additional fine of two thousand rupees per tonne of excess load.

Liability to pay charges for off-loading the excess load.

Provision: The vehicle cannot move until the excess load is off-loaded.

Improperly Loaded Vehicle (Subsection 1A)

Offence: Driving a motor vehicle loaded in a manner that extends laterally beyond the side, front, rear, or height limits.

Penalty:

Fine of twenty thousand rupees.

Liability to pay charges for off-loading the improperly loaded parts.

Provisions: The vehicle cannot move until the load is arranged within permissible limits, unless exempted by competent authority.

Refusal to Submit Vehicle for Weighing (Subsection 2)

Offence: Refusing to stop and submit the vehicle for weighing when directed by an authorized officer under Section 114.

Penalty: Fine of forty thousand rupees.

These penalties are enforced to ensure compliance with weight and loading regulations, promoting road safety and infrastructure integrity.

Section 194A of the Motor Vehicles Act deals with the carriage of excess passengers in transport vehicles. Here are the details of the penalties specified under this section:

Offence:

Driving a transport vehicle with more passengers than authorized in the registration certificate or permit conditions applicable to the vehicle.

Penalty:

Fine of two hundred rupees per excess passenger.

Provision:

The transport vehicle cannot proceed until the excess passengers are off-loaded.

Arrangements must be made for alternative transport for the excess passengers before the vehicle can resume its journey.

This provision aims to enforce safety and regulatory compliance concerning the maximum passenger capacity allowed for transport vehicles, ensuring the safety of passengers and maintaining operational standards.

What are the penalties for carriage of excess passengers under Section 194A of the Motor Vehicles Act?

Section 194B of the Motor Vehicles Act addresses the use of safety belts and the seating of children in motor vehicles. Here are the specific penalties outlined in this section:

Not Wearing Safety Belts (Subsection 1):

Offence: Driving a motor vehicle without wearing a safety belt or allowing passengers to travel without seat belts.

Penalty: Fine of one thousand rupees.

Provision: The State Government may exclude certain transport vehicles, such as those carrying standing passengers, from this requirement through notification in the Official Gazette.

Not Securing Children (Subsection 2):

Offence: Driving a motor vehicle with a child under the age of fourteen years who is not secured by a safety belt or a child restraint system.

Penalty: Fine of one thousand rupees.

These penalties are designed to promote safety on roads by enforcing the use of safety belts and appropriate restraint systems for children in motor vehicles, thereby reducing the risk of injuries in case of accidents.

Section 194C. Penalty for violation of safety measures for motor cycle drivers and pillion riders

Section 194C of the Motor Vehicles Act specifies penalties for violations related to safety measures for motorcycle drivers and pillion riders. Here are the details:

Offence:

Driving a motorcycle in contravention of the provisions of section 128 of the Motor Vehicles Act or the rules/regulations made under it.

Penalty:

Fine of one thousand rupees.

Disqualification from holding a driving licence for a period of three months.

This provision aims to enforce safety regulations concerning motorcycle drivers and their pillion riders, ensuring compliance with rules that promote safer riding practices.

Question: What are the penalties for not wearing protective headgear while riding a motorcycle under Section 194D of the Motor Vehicles Act?

Section 194D of the Motor Vehicles Act specifies penalties for the violation of not wearing protective headgear while riding a motorcycle. Here are the details:

Offence:

Driving a motorcycle or allowing it to be driven without wearing protective headgear, contravening the provisions of section 129 of the Motor Vehicles Act or the rules/regulations made under it.

Penalty:

Fine of one thousand rupees.

Disqualification from holding a driving licence for a period of three months.

This provision is aimed at promoting road safety by ensuring that motorcycle riders and pillion riders wear protective headgear, reducing the risk of head injuries in case of accidents.

Question: What are the penalties for failing to allow free passage to emergency vehicles under Section 194E of the Motor Vehicles Act?

Section 194E of the Motor Vehicles Act outlines penalties for failing to give way to emergency vehicles while driving. Here are the details:

Offence:

While driving a motor vehicle, failing to move to the side of the road upon the approach of a fire service vehicle, ambulance, or other emergency vehicle specified by the State Government.

Penalty:

Imprisonment for a term which may extend to six months.

Fine of ten thousand rupees.

Alternatively, both imprisonment and fine may be imposed.

This provision emphasizes the importance of allowing emergency vehicles swift passage to reach their destinations promptly, thereby ensuring timely response to emergencies and potentially saving lives.

Question: What are the penalties for the improper use of horns and cut-outs in motor vehicles under Section 194F of the Motor Vehicles Act?

Section 194F of the Motor Vehicles Act imposes penalties for specific violations related to the use of horns and cut-outs in motor vehicles. Here are the details:

1.Offences:

Improper Use of Horns:

• 1.Needlessly or continuously sounding the horn or using it more than necessary for safety while driving a motor vehicle.
• 2.Sounding the horn in an area designated by a traffic sign prohibiting its use.

2.Use of Cut-Out:

• 1.Operating a motor vehicle equipped with a cut-out that releases exhaust gases other than through the silencer.

3.Penalties:

1.First offence: Fine of one thousand rupees.

2.Second or subsequent offence: Fine of two thousand rupees.

These provisions aim to promote noise pollution control and ensure the proper use of motor vehicle equipment, enhancing safety and environmental standards on the roads.

Question: What happened to Section 195 of the Motor Vehicles Act after the 2019 amendment?

Section 195 of the Motor Vehicles Act, which pertained to the imposition of minimum fines under certain circumstances, was omitted by the Motor Vehicles (Amendment) Act, 2019. This change came into effect from September 1, 2019, as per Section 80 of the amending legislation. The omission of Section 195 signifies a legislative update aimed at revising the penalty framework within the Motor Vehicles Act, possibly altering the approach to fines and penalties for various offences under the Act.

Question: What are the penalties for driving an uninsured vehicle under Section 196 of the Motor Vehicles Act?

Section 196 of the Motor Vehicles Act imposes penalties for driving or allowing the driving of an uninsured motor vehicle, which is a violation of Section 146 of the Act. Here are the details:

1.Offence:

Driving a motor vehicle or allowing it to be driven without valid insurance coverage as required under Section 146.

2.Penalties:

First Offence:

• 1.Imprisonment for up to three months, or
• 2.Fine of two thousand rupees, or
• 3.Both imprisonment and fine.

Subsequent Offence:

• 1.Imprisonment for up to three months, or
• 2.Fine of four thousand rupees, or
• 3.Both imprisonment and fine.

These penalties aim to ensure compliance with insurance requirements for motor vehicles, promoting financial responsibility and legal adherence while driving on public roads.

What are the penalties for taking a vehicle without authority under Section 197 of the Motor Vehicles Act?

Section 197 of the Motor Vehicles Act specifies penalties for unauthorized taking or control of a motor vehicle. Here are the details:

Taking Vehicle Without Consent:

Offence: Taking and driving away a motor vehicle without the owner's consent or lawful authority.

Penalties:

Imprisonment for up to three months, or

Fine of five thousand rupees, or

Both imprisonment and fine.

Exception:

No conviction if the court finds that the person reasonably believed they had lawful authority or that the owner would have consented if asked.

Unlawful Seizure of Vehicle:

Offence: Unlawfully seizing or exercising control of a motor vehicle using force, threat, intimidation, or any other means.

Penalties:

Imprisonment for up to three months, or

Fine of five thousand rupees, or

Both imprisonment and fine.

Attempt and Abetment:

Attempting to commit or abetting the commission of the above offences is also punishable under this section.

These provisions aim to deter unauthorized use or seizure of motor vehicles and ensure legal compliance and accountability.

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