THE MOTOR VEHICLES ACT, 1988 -2

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Can a vehicle be registered in more than 1 state at a time?

No – it can be registered only in one state at a time.

Do you need to take permission from RTO (or registering authority) if motor vehicle is altered?

Yes – within 14 days of making any alteration to the motor vehicle. [“Alteration” means a change in the structure of a vehicle which results in a change in its basic feature.]

Can registration of a motor vehicle be suspended?

Yes – in accordance with Section 53 of the Motor Vehicles Act, 1988.

1. If any registering authority or other prescribed authority has reason to believe that any motor vehicle within its jurisdiction —

• a) is in such a condition that its use in a public place would constitute a danger to the public, or that it fails to comply with the requirements of this Act or of the rules made thereunder, or

• b) has been, or is being, used for hire or reward without a valid permit for being used as such, the authority may, after giving the owner an opportunity of making any representation he may wish to make (by sending to the owner a notice by registered post acknowledgement due at his address entered in the certificate of registration), for reasons to be recorded in writing, suspend the certificate of registration of the vehicle —

(i) in any case falling under clause (a), until the defects are rectified to its satisfaction; and (ii) in any case falling under clause (b), for a period not exceeding four months.

2. An authority other than a registering authority shall, when making a suspension order under sub-section (1), intimate in writing the fact of such suspension and the reasons therefor to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.
3. Where the registeration of a motor vehicle has been suspended under sub-section (1), for a continuous period of not less than one month, the registering authority, within whose jurisdiction the vehicle was when the registration was suspended, shall, if it is not the original registering authority, inform that authority of the suspension.
4. The owner of a motor vehicle shall, on the demand of a registering authority or other prescribed authority which has suspended the certificate of registration of the vehicle under this section, surrender the certificate of registration.
5. A certificate of registration surrendered under sub-section (4) shall be returned to the owner when the order suspending registration has been rescinded and not before.]

Can registration of a motor vehicle be cancelled by RTO (or registering authority) which is already under suspension?

Yes – if the registration of motor vehicle is under suspension continuously for more than 6 months then it can be cancelled by the original registering authority.

Is it possible to apply for cancellation of registration of a motor vehicle in a RTO (or registering authority) other than where it is actually registered?

Yes – you can apply. In such a case, the RTO where you apply in turn will send your application to the RTO (or original registering authority) where the motor vehicle is registered.

Does Civil Courts in India have any jurisdiction to entertain any question relating to grant of permit or license under the Motor Vehicles Act, 1988?

No – according to Section 94 of the Motor Vehicles Act, 1988.

What happens to any article forgotten / found lying in the transport vehicle operated by the state transport undertaking?

Owner can claim it as per rules (within the prescribed timings – differs from state to state). If not claimed within prescribed timings, State transport undertaking may sell the article in the prescribed manner and the sale proceeds thereof, after deducting the costs incidental to sale, shall be paid to the owner on demand

Is there any prohibition to carry more than 1 person on a motorbike? Or Is tripling allowed on a motorbike?

Yes – Section 128 of the Motor Vehicles Act, 1988 mandates the bike-rider to not carry more than 1 pillion

Is wearing of helmet mandatory?

Yes – Section 129 of the Motor Vehicles Act, 1988 makes it mandatory for rider as well as pillion (who are above 4 years of age) to wear helmet. Exception – A Sikh is exempt to wear helmet if he is wearing a turban.

What is the penalty for not wearing a helmet?

Fine of INR 1000/- and the person shall be disqualified for holding license for 3 months.

Is it mandatory to give way to an Ambulance or Fire-fighter?

Yes – or else you can be punished with:

• a. Imprisonment upto 6 months; or
• b. with a fine of INR 10,000/-; or
• c. Both the above

What is the punishment for driving an uninsured vehicle?

• For the first offence – Imprisonment upto 3 months OR Fine of INR 2000/- OR Both;
• For subsequent offence – Imprisonment upto 3 months OR Fine of INR 4000/- OR Both.