Motor Vehicle Act 1988

 

What is Motor Vehicle Act, 1988?

The Motor Vehicles Act came into existence in 1988. It laid down rules and regulations on all aspects of road transport, including registration of motor vehicles, controlling their permits, traffic regulation, insurances and penalties. The Motor Vehicle Act makes it compulsory for a driver to have a valid driving licence. Also, no vehicle can be used without a registration number.

Legal Obligations under Motor Vehicle Act, 1988 and Code of Criminal Procedure, 1898

There are certain rules that have to be observed and strict penalties have been laid down for those who disobey and are controlled by the Police Officers:

• Section 102 of Code of Criminal Procedure, 1898 empowers the police officer to seize any property which may be alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of the commission of any offense. 
• Section 457 of Code of Criminal Procedure,1898 deals with the procedure that needs to be followed upon the seizure of the vehicles by the police officer. It provides that the Magistrate may make an order to dispose of or deliver the property to the person entitled to the possession of the property on the conditions which the Magistrate deems fit.
• Section 127 of the Motor Vehicles Act, 1988 empowers the police officers to tow away the motor vehicles which are abandoned or attended on any public road and recover the cost of removal from the owner of such vehicles.
• Section 136 of the Motor Vehicles Act, 1988 empowers any officer authorized by the state government to inspect any motor vehicle involved in an accident provided that if the vehicle is removed, the same shall be intimated to the owner of the vehicle and shall be returned to the owner, driver or the person in charge of the vehicle after the completion of the formalities within 24 hours.

Power of the Police Officer to Arrest without Warrant

Power of the Police Officer to arrest without warrant is mentioned under section 202 of the Motor Vehicle Act,1988 which states:

• A police officer in uniform may arrest without warrant any person who in his presence commits the following offences.
• Driving dangerously driving under the influence of alcohol or drugs.
• Takes away a vehicle without authority.

Power of the Police Officer to Impound Documents

Power of the Police Officer to Impound Documents is mentioned under section 206 of the Motor Vehicle Act,1988 which states:

• Any police officer or other person authorized in this behalf by the State Government may, if he has reason to believe that any identification mark carried on a motor vehicle or any licence, permit, certificate or registration, certificate of insurance or other document produced to him by the driver or person in charge of a motor vehicle is a false document, seize the mark or document and ask the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.
• Any police officer or other person authorized in this behalf by the State Government may, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summons, seize any licence held by such driver and forward it into the court taking cognizance of the offence and the said court shall on the first appearance of such driver before it, return the licence to him in exchange for the temporary acknowledgement given.
• A police officer or other person seizing a licence shall give to the person surrendering the licence a temporary acknowledgement thereof and such acknowledgement shall authorize the holder to drive until licence has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgement, whichever is earlier.

Power of the Police Officer to Detain Vehicles Used Without Certificate of Registration or Permit

Power of the Police Officer to Detain Vehicles Used Without Certificate of Registration or Permit is mentioned under section 207 of the Motor Vehicle Act,1988 which states:

• Any police officer or other person authorized in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used without a valid licence or without registration or without the permit or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle.
• Where a motor vehicle has been seized and detained the owner or person in charge of the motor vehicle may apply to the transport authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose.