The Motor Vehicles Act, 1988
2.
Definitions.-
In this Act, unless the
context otherwise requires,--
- "area", in relation to
any provision of this Act, means such area as the State Government
may, having regard to the requirements of that
provision, specify by notification in the Official Gazette;
- "articulated vehicle"
means a motor vehicle to which a semitrailer is attached;
- "axle weight" means in
relation to an axle of a vehicle the total weight transmitted by the
several wheels attached to that axle to the surface on which the vehicle rests;
- "certificate of
registration" means the certificate issued by a
competent authority to the effect that a
motor vehicle has been duly registered
in accordance with the provisions of Chapter IV;
- "conductor", in
relation to a stage carriage, means a person engaged in
collecting fares from passengers, regulating their entrance
into, or exit from, the stage carriage
and performing such other functions as may be prescribed;
- "conductor's licence"
means the licence issued by a competent authority under Chapter III
authorising the person specified therein to act as a conductor; 1. 1. 1-7-1989,
vide Notification No. S.O. 368(E), dated 22-5-1989,
Gazette of India,
Extra ordinary, 1989, Pt. II; Sec. 3(ii).
- "contract carriage"
means a motor vehicle which carries a passenger or passenger or passengers
for hire or reward and is engaged under a contract, whether expressed or
implied, for the use of such vehicle as a whole for the carriage of
passengers mentioned therein and entered into by a person with a holder of a
permit in relation to such vehicle or any person authorised by him in this
behalf on a fixed or an agreed rate or sum--
- on a time basis,
whether or not with reference to any route or distance; or
- from one point
to another, and in either case, without stopping to pick up or set
down passengers not included in the contract anywhere during the journey, and
includes--
- a maxicab; and
- a motor cab
notwithstanding that separate fares are charged for its passengers;
- "dealer" includes a person
who is engaged--
- in the manufacture of motor
vehicles; or
- in building bodies for
attachment to chassis; or
- in the repair of motor
vehicles; or
- in the business
of hypothecation, leasing or hire-purchase of motor
vehicle;
- "driver" includes, in
relation to a motor vehicle which is drawn by another motor vehicle,
the person who acts as a steersman of the drawn vehicle;
- "driving licence"
means the licence issued by a competent authority under Chapter II authorising
the person specified therein to drive, otherwise than as a learner, a motor
vehicle or a motor vehicle of any specified class or description;
- "educational
institution bus" means an omnibus, which is owned by a
college, school or other educational institution and used solely for
the purpose of transporting students or staff of
the educational institution in connection with any of its activities;
- "fares" includes sums
payable for a season ticket or in respect of the hire of a
contract carriage;
- "goods" includes
live-stock, and anything (other than equipment ordinarily used with the
vehicle) carried by a vehicle except living persons, but does not
include luggage or personal effects carried in a motor car or in a trailer
attached to a motor car or the personal luggage of passengers travelling in the
vehicle;
- "goods carriage" means
any motor vehicle constructed or adapted for use solely for
the carriage of goods, or any motor vehicle not so constructed or adapted when
used for the carriage of goods;
- "gross vehicle weight"
means in respect of any vehicle the total weight of the vehicle and
load certified and registered by the registering authority as permissible for
that vehicle;
- "heavy goods vehicle"
means any goods carriage the gross vehicle weight of which, or a tractor
or a road-roller the unladen weight of either of which, exceeds 12,000
kilograms;
- "heavy passenger
motor vehicle" means any public service vehicle or private service vehicle
or educational institution bus or omnibus the gross vehicle weight of any of
which, or a motor car the unladen weight of which, exceeds 12,000 kilograms;
- "invalid carriage"
means a motor vehicle specially designed and constructed, and not
merely, adapted, for the use of a person suffering from
some physical defect or disability, and used solely by or for such a person;
- "learner's licence"
means the licence issued by a competent authority under Chapter II authorising
the person specified therein to drive as a learner, a motor vehicle or a
motor vehicle of any specified class or description;
- "licensing authority"
means an authority empowered to issue licences under Chapter II or, as the case
may be, Chapter III;
- (21) "light motor vehicle"
means a transport vehicle or omnibus the gross vehicle weight of either of
which or a motor car or tractor or road-roller the unladen weight of any of
which, does not exceed 7,500 kilograms;
- "maxicab" means any
motor vehicle constructed or adapted to carry more than six passengers, but
not more than twelve passengers, excluding the driver, for hire or reward;
- "medium goods vehicle" means
any goods carriage other than a light motor vehicle or a heavy goods vehicle;
- "medium passenger
motor vehicle" means any public service vehicle or private
service vehicle, or educational institution bus other than
a motor cycle, invalid carriage, light motor vehicle or heavy
passenger motor vehicle;
- "motorcab" means any
motor vehicle constructed or adapted to carry not more than six passengers
excluding the driver for hire or reward;
- "motor car" means
any motor vehicle other than a transport vehicle, omnibus,
road-roller, tractor, motor cycle or invalid
carriage;
- "motor cycle" means
a two-wheeled motor vehicle, inclusive of any detachable side-car
having an extra wheel, attached to the motor vehicle;
- "motor vehicle"
or "vehicle" means any mechanically propelled vehicle adapted for use upon
roads whether the power of 1 Subs. & ins. by Act. propulsion is transmitted
thereto from an external or internal source and includes a chassis to which a
body has not been attached and a trailer; but does not include a vehicle
running upon fixed rails or a vehicle of a special type adapted for use only in
a factory or in any other enclosed premises or a vehicle having less than
four wheels fitted with engine capacity of not exceeding thirty-five
cubic centimetres;
- "omnibus" means any
motor vehicle constructed or adapted to carry more than six persons excluding
the driver;
- "owner" means a person
in whose name a motor vehicle stands registered, and where such
person is a minor, the guardian of such minor, and in relation
to a motor vehicle which is the subject of a hire-purchase, agreement,
or an agreement of lease or an agreement of hypothecation, the person in
possession of the vehicle under that agreement;
- "permit" means a
permit issued by a State or Regional Transport Authority or an authority
prescribed in this behalf under this Act authorising the use of a motor
vehicle as a transport vehicle;
- "prescribed" means
prescribed by rules made under this Act;
- "private service
vehicle" means a motor vehicle constructed or adapted to carry more
than six persons excluding the driver and ordinarily used by
or on behalf of the owner of such vehicle for the purpose of
carrying persons for, or in connection with, his trade or business
otherwise than for hire or reward but does not
include a motor vehicle used for public purposes;
- "public place" means
a road, street, way or other place, whether a thoroughfare or
not, to which the public have a right of access, and includes any
place or stand at which passengers are picked up or set down by a stage
carriage;
- "public service
vehicle" means any motor vehicle used or adapted to be used for the carriage
of passengers for hire or reward, and includes a maxicab, a motorcab,
contract carriage, and stage carriage;
- "registered axle weight"
means in respect of the axle of any vehicle, the axle weight
certified and registered by the registering authority as permissible for that
axle;
- "registering
authority" means an authority empowered to register
motor vehicles under Chapter IV;
- "route" means a
line of travel which specifies the highway which may be traversed by
a motor vehicle between one terminus and another;
- "semi-trailer" means a
trailer drawn by a motor vehicle and so constructed that a part of
it is super-imposed on, and a part of its weight is borne by, the drawing
vehicle;
- "stage carriage"
means a motor vehicle constructed or adapted to
carry more than six passengers excluding the driver for hire
or reward at separate fares paid by or for individual passengers, either for the
whole journey or for stages of the journey;
- "State Government" in
relation to a Union territory means the Administrator thereof appointed
under article 239 of the Constitution;
- "State transport
undertaking" means any undertaking providing road
transport service, where such undertaking is carried on by,--
- the Central Government or a
State Government;
- any Road
Transport Corporation established under section 3 of the
Road Transport Corporations Act, 1950 (64 of 1950.)
- any municipality or
any corporation or company owned or controlled by the Central
Government or one or more State Governments, or by the
Central Government and one or more State Governments.
Explanation.--For the
purposes of this clause, "road transport service" means a service of motor
vehicles carrying passengers or goods or both by road for hire or reward;
- "tourist vehicle"
means a contract carriage constructed or adapted and
equipped and maintained in accordance
with such specifications as may be prescribed in this behalf;
- "tractor" means
a motor vehicle which is not itself
constructed to carry any load (other than equipment used
for the purpose of propulsion); but excludes a road-roller;
- "traffic signs"
includes all signals, warning sign posts, direction posts,
markings on the road or other devices for
the information, guidance or direction of drivers of motor vehicles;
- "trailer" means any vehicle,
other than a semi-trailer and a side-car, drawn or intended to be drawn by a
motor vehicle;
- "transport vehicle"
means a public service vehicle, a goods carriage, an educational institution bus
or a private service vehicle;
- "unladen weight"
means the weight of a vehicle or trailer including all equipment ordinarily
used with the vehicle or trailer when working, but excluding the weight of a
driver or attendant; and where alternative parts or bodies are used the unlade
weight of the vehicle means the weight
of the vehicle with the heaviest such alternative part or body;
- "weight" means the
total weight transmitted for the time being by the wheels
of a vehicle to the surface on which the vehicle rests,
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