Skip to main content

Key Terms in the Motor Vehicles Act, 1988

 


The Motor Vehicles Act, 1988 is the primary legislation governing the regulation of motor vehicles in India. It covers aspects such as licensing, registration, insurance, permits, traffic regulation, and penalties. Below are the key terms used in the Act:

1. Motor Vehicle or Vehicle

According to Section 2(28), a motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads, including a chassis to which a body has not been attached and a trailer. It does not include a vehicle running on fixed rails or a vehicle adapted for use only in a factory or enclosed premises.

2. Public Place

Defined under Section 2(34), a public place refers to any road, street, or way (whether a thoroughfare or not) or a place to which the public has access.

3. Transport Vehicle

As per Section 2(47), a transport vehicle includes a public service vehicle, goods carriage, educational institution bus, and private service vehicle used for carrying passengers or goods for hire or reward.

4. Private Vehicle

A vehicle that is not used for commercial purposes or for carrying passengers/goods for hire or reward. It is for personal use only.

5. Goods Carriage

Defined under Section 2(14), a goods carriage refers to any motor vehicle constructed or adapted for the carriage of goods.

6. Public Service Vehicle

Under Section 2(35), a public service vehicle is any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward. This includes buses, taxis, auto-rickshaws, and contract carriages.

7. Contract Carriage

As per Section 2(7), a contract carriage means a motor vehicle which carries passengers as per a contract, without picking up or dropping passengers along the route (e.g., taxis and auto-rickshaws).

8. Stage Carriage

Under Section 2(40), a stage carriage is a motor vehicle used for the carriage of passengers for hire or reward, which stops to pick up or set down passengers along the route (e.g., public buses).

9. Learner’s License

A temporary permit allowing a person to learn driving before obtaining a permanent license. It is subject to conditions and is issued under Section 8 of the Act.

10. Driving License

A legal permit issued under Section 9 that authorizes a person to drive a motor vehicle of a specific class or category.

11. Registration Certificate (RC)

A document issued under Section 41 of the Act that certifies that a motor vehicle is registered with the concerned Regional Transport Office (RTO).

12. Fitness Certificate

A certificate issued under Section 56 that ensures that a vehicle is roadworthy and meets safety and emission standards.

13. Insurance Policy

As per Section 146, a motor vehicle must have a valid insurance policy, which can be either:

  • Third-party insurance (mandatory)
  • Comprehensive insurance (covers both third-party liability and own damages)

14. Permit

A legal authorization issued by transport authorities that allows vehicles to operate on specified routes. There are different types of permits

Comments

Popular posts from this blog

Contract Notes - 3

Object and Consideration in Contract Act, 1872 Object of a Contract The object of a contract is the purpose or intention behind the agreement between parties. For an agreement to be enforceable as a contract, its object must be lawful and not opposed to public policy or morality. The lawful object is a necessary element of a valid contract. If the object of the contract is illegal or immoral, the agreement is void. Section 23 of the Indian Contract Act states that the consideration or object of an agreement is lawful unless it is forbidden by law, or is opposed to public policy, or is fraudulent, or involves injury to the person or property of another, or the court regards it as immoral or opposed to public policy. Significance The object ensures that contracts are not made for purposes harmful to society or contrary to law. This protects public interest and maintains ethical standards in contractual relations. Landmark Case: Gherulal Parakh v. Mahadeodas Maiya (1959) AIR 781...

Sales of Goods Act, 1930: Section-Wise Notes

1. Concept of Sale and Agreement to Sell 1.1 Definitions Sale of Goods (Section 4(b)): Sale is a contract whereby the ownership (property) in goods is transferred from the seller to the buyer for a price. Both the transfer of ownership and payment of price distinguish a sale. Agreement to Sell (Section 4(a)): Agreement to sell is a contract where the transfer of ownership is to take place at a future time or subject to certain conditions to be fulfilled later. Ownership passes only when those future conditions or time arrive. 1.2 Difference between Sale and Agreement to Sell Aspect Sale Agreement to Sell Transfer of Ownership Immediate transfer of ownership Transfer is future or conditional Nature of Contract Executed contract Executory contract Risk Passes to buyer immediately Remains with seller until transfer Remedies on Seller’s insolvency Buyer becomes owner; goods not affected Buyer has only contractual claim 1.3 Essential Elements of a Contract of Sale Two ...

Contract Act Notes 1

Importance of Contracts Meaning of Contract A contract, per Section 2(h) of the Indian Contract Act, 1872, is an agreement enforceable by law. It represents the foundation of business, personal, and legal interactions where parties agree on rights and obligations. Role and Significance of Contracts Legal Enforceability: Contracts give legal backing to promises enabling parties to seek remedies in courts for breach, promoting trust. Facilitates Commerce: Provides a framework for predictable and secure commercial transactions, essential for business growth and economic stability. Defines Rights and Duties: Contracts clarify mutual duties and expectations, reducing disputes. Social Utility: Contracts facilitate cooperation in various spheres including employment, trade, insurance, real estate, etc. Dispute Resolution: Establishes mechanisms for remedies like damages, specific performance, cancellation. Framework for Justice: Ensures fairness, equity, and...