In this article, Jagriti Bharti of Amity Law School Lucknow discusses a detailed list of offences under the Motor Vehicles Act, 1988.
|
Sr.No. |
Description of offences |
Section / Rule |
 Imprisonment / Fine |
| 1. | Contravening any provision of the Act or rule, regulations or notification made under the Act (if no penalty provided in the Act for such contravention). |
Section 177 |
● Rs.100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 2. | ● Travelling without pass or ticket
● Failure or refusal to produce or deliver such pass or ticket on a requisition. |
Section 178 |
Fine up to Rs.500 |
| 3. | Disobedience to obey orders of authority empowered to give such order. |
Section 179(1) |
Fine up to Rs. 500 |
| 4. | ● Refusal to give information,
● Giving false information, ● Willfully withholding information 
By any person who has been asked to give such information. |
Section 179(2) |
● Imprisonment: up to 1 month. ● Fine: up to Rs. 500. ● Both. |
| 5. | Owner or person in charge of a motor vehicle allowing unlicensed (sec.3) or underage (sec.4) person to drive the vehicle. |
Section 5 read with Section 180 |
● Imprisonment: up to 3 months.
● Fine: up to Rs. 1000. ● Both. |
| 6. | Driving
● motor vehicle or, ● transport vehicle Without a valid driving license. [Exception: cab hired for personal use or rented for scheme mentioned under Section 75(2)[1].] |
Section 3 read with Section 181 |
● Imprisonment: up to 3 months. ● Fine: up to Rs. 500. ● Both. |
| 7. | Driving motor vehicle without attaining required age. The requirement of age for driving various vehicles in public place:
● 16 yrs: motor cycle without gear. ● 18 yrs: motor vehicle. ● 20 yrs: transport vehicle. |
Section 4 read with Section 181 |
● Imprisonment: up to 3 months.
● Fine: up to Rs. 500. ● Both. |
| 8. | A person disqualified from holding or obtaining a driving license:
● Obtains a driving license. ● Drives any motor vehicle in public place. ● Applies for obtaining a driving license without disclosing endorsement made on THE previous license. A license so obtained will be ineffective. |
Section 23 read with Section 182(1) |
● Imprisonment: up to 3 months. ● Fine: up to Rs. 500. ● Both. |
| 9. | Conductor disqualified for holding or obtaining conductor’s license:
● Acts as a conductor. ● Applies or obtains a conductor’s license. ● Applies for obtaining conductor’s license without disclosing endorsement made on the previous license. A license so obtained will be ineffective. |
Section 36 read with Section 182(2). |
● Imprisonment: up to 1 month. ● Fine: up to Rs. 100. ● Both. |
| 10. | Contravening provision of section 109[2] |
Section 182A |
● Rs. 1,000 for the first offence.
● Rs. 5,000 for the subsequent offence. |
| 11. | Driving at excessive speed (in contravention of speed limit prescribed under section 112). |
Section 112 read with Section 182 (1) |
● Rs. 400 for the first offence.
● Rs. 1,000 for the second or subsequent offence. |
| 12. | Person permitting to drive at an excessive speed (in contravention of sec 112) to:
● A person employed by him. ● A person under his control. |
Section 112 read with Section 182(2) |
● Rs. 300 for the first offence.
● Rs.500 for the second or subsequent offence. |
| 13. | Driving at a speed or in a manner dangerous to the public and its abatement. Circumstances to be taken into consideration while deciding danger:
● Nature, condition and use of the place where the vehicle is driven. ● The amount of traffic at that time. |
Section 184 and Section 188 |
● First offence: up to 6 months imprisonment or fine up to Rs.1000 ● Subsequent offence: up to 2 years imprisonment or fine up to Rs. 2000 or both. |
| 14. | ● Driving by a drunk person.
● Driving under influence of drugs. ● Its abatement. |
Section 185 and Section 188 |
● First offence: up to 6 months imprisonment or fine up to Rs.2000 or both.
● Subsequent or second offence (if committed within 3 years of 1st offence): up to 2 years imprisonment or fine up to Rs. 3000 or both. |
| 15. | Driving by a person who is physically or mentally unfit for driving and its abatement. |
Section 186 and Section 188 |
● First offence: up to Rs. 200.
● Subsequent or second offence: up to Rs. 500. |
| 16. | Motor vehicle not stopped or made stationary by the driver when:
● The vehicle is involved in an accident to any person, animal or vehicle, or damage to any property. ● Asked to provide name and address of himself or the owner of the vehicle by a person affected by the accident. |
Section 132 (1) (c) read with Section 187 |
● First offence: up to 3 months imprisonment or fine up to Rs. 500 or both.
● Subsequent or second offence: up to 6 months imprisonment or fine up to Rs. 1000 or both. |
| 17. | Failure to furnish information by the owner of the motor vehicle to the police officer demanding it. |
Section 133 read with Section 187 |
● First offence: up to 3 months imprisonment or fine up to Rs. 500 or both.
● Subsequent or second offence: up to 6 months imprisonment or fine up to Rs. 1000 or both. |
| 18. | Driver causing accident doesn’t:
● Provide medical facility to injured person. ● On demand, give information to police officer. ● Report to nearest police station reasons for not providing medical facility to the injured person within 24 hours of the accident. |
Section 134 read with Section 187
|
● First offence: up to 3 months imprisonment or fine up to Rs. 500 or both.
● Subsequent or second offence: up to 6 months imprisonment or fine up to Rs. 1000 or both. |
| 19. | Taking part in a race of motor vehicles without written permission of the state government. |
Section 189 |
● Imprisonment: up to 1 month.
● Fine: up to Rs.500 ● Both. |
| 20. | A person driving or permitting to drive vehicle in an unsafe condition and can be dangerous to public and property. |
Section 190 (1) |
● Driving: up to Rs. 250.
● Causing accident: up to 3 months imprisonment or fine up to Rs. 1000 or both. |
| 21. | Driving motor vehicle which violates the standard prescribed for safety, noise control and air pollution. |
Section 190 (2) |
● Rs. 1000 for the first offence.
● Rs. 2000 for the subsequent or second offence. |
| 22. | Selling or altering of the vehicle which is violative of Chapter VII of this Act. |
Section 191 |
Fine of Rs. 500. |
| 23. | A person using the vehicle without registration.
Exceptions: ● Vehicles used in case of an emergency for carrying injured or sick person. ● Vehicles used for transportation of food and materials to relieve distress. ● Vehicles carrying medical supplies. |
Section 39 read with Section 192 |
● First offence: Up to Rs. 5000 but not less than Rs. 2000.
● Subsequent or second offence: imprisonment up to 1 year or fine up to Rs. 10,000 but not less than Rs. 5000 or both. |
| 24. | Using of transport vehicles without a permit granted by Regional or State Transport Authority.
Exceptions: ● Vehicles carrying injured or sick person in case of an emergency. ● Vehicles used in transport of materials for repair. ● Vehicles used for transportation of food and materials to relieve distress. ● Vehicles carrying medical supplies. |
Section 66 (1) read with Section 192 A |
● First offence: Up to Rs. 5000 but not less than Rs. 2000.
● Subsequent or second offence: imprisonment up to 1 year but not less than 3 months or fine up to Rs. 10,000 but not less than Rs. 5000 or both. |
| 25. | Persons acting as a Goods Booking Agent or Travel Agents without a license. | Section 93 read with Section 193 | ● First offence: up to Rs. 1000
● Subsequent or second offence: up to Rs. 2000 or imprisonment up to 6 months or both. |
| 26. | Driving vehicle exceeding permissible weight prescribed by Regional or State Transport Authority. | Section 113, 114 & 115 read with Section 194 (1) | Minimum fine of Rs. 2000 with Rs. 1000/ tonnes of excess load + charges for off-loading that load. |
| 27. | A driver refusing to stop and submit his vehicle to weighing or removing load prior to weighing. | Section 114 read with Section 194 (2) |
Fine up to Rs. 3000 |
|
28. |
Driving vehicle uninsured against third party risk. |
Section 146 read with Section 196 |
● Imprisonment: up to 3 months.
● Fine: up to Rs.1000. ● Both. |
| 29. | ● Taking away or driving the vehicle without the consent of the owner.
● Seizing or exercising control of the motor vehicle by force or threat. |
Section 197 |
● Imprisonment: up to 3 months.
● Fine: up to Rs.500. ● Both. |
| 30. | Moving or tampering with the brake of any stationary motor vehicle. | Section 198 | Rs. 100 |
| 31. | Keeping the disabled vehicle in public place in a manner to obstruct the free flow of the traffic. |
Section 201 |
Rs. 50 per hour. |
| 32. | The person driving or permitting to drive any vehicle having left handed steering control unless equipped with a device of a prescribed nature. |
Section 120 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 33. | The driver’s failure to obey traffic signs. |
Section 119 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 34. | Failure to make prescribed signals on prescribed occasion by the driver. |
Section 121 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 35. | A driver allowing any person to obstruct his control on the vehicle. |
Section 125 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 36. | The driver of a 2-wheeler carrying more than one person in addition to himself. | Section 128 (1) read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 37. | Failure of the driver and the pillion rider to wear a helmet. Exception: Sikhs who wear a turban while driving. |
Section 129 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 38. | Abandoning or permitting to abandon a vehicle by a person in charge of the vehicle in a public place. |
Section 122, 127 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. ● Towing cost (to be paid by the owner). |
| 39. | Keeping or permitting to keep the vehicle in a stationary position with required precaution by a person in charge of the vehicle. |
Section 126 read with Section 177 |
● Rs. 100 for first the offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 40. | A driver’s failure to take precaution while crossing unguarded railway crossing. |
Section 131 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 41. | ● Carrying any person on running board by the driver or a person in charge of the vehicle.
● Any person travelling on the moving board or on the bonnet of the motor vehicle. |
Section 123 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. |
| 42. | Failure to convey any change in address of residence or place of business in prescribed time limit by the owner of the vehicle. |
Section 49 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. ● State gov. may reward different amount as per period of delay. |
| 43. | Failure by the owner to report the transfer of the vehicle to the registering authority in a prescribed time limit. |
Section 50 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence. ● State gov. may reward different amount as per period of delay. |
| 44. | Failure of the driver to produce the driving license or certificate of registration on demand by any police officer in uniform. | Section 130 (1) read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 45. | Failure of the conductor to produce his license or certificate of registration on demand by Officer of Motor Vehicle Department. |
Section 130 (2) read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 46. | Failure of the owner or the driver or a person in charge of the motor vehicle on demand by the registering authority or any officer of the Motor Vehicles Department to produce:
● Certificate of insurance ● Permit and certificate of fitness (in the case of transport vehicle).
|
Section 130 (3) read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 47. | Failure of the driver driving in public place to produce:
● Certificate of insurance ● Certificate of registration ● Driving license ● Certificate of fitness and permit (in the case of transport vehicle). |
Section 158 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 48. | Failure to get registered by the registering authority within 12 months of keeping the vehicle in a different State. |
Section 47 read with Section 177 |
● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 49. | Causing death or permanent disablement of any person while using a motor vehicle. | Section 140 | ● Death: Rs. 50,000
● Permanent disablement: Rs. 25,000. |
SOME COMMON OFFENCES UNDER CENTRAL MOTOR VEHICLE RULES, 1989 |
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| 1. | Running a driving school without a proper license. | Rule 24 of Central Motor Vehicle Rules read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 2. | Using a mobile phone while driving a vehicle. | Rule 21 (25) of Central Motor Vehicle Rules read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 3. | Carrying persons in goods carriage, more than its capacity, either inside driver’s cabin or on the vehicle. | Rule 21 (10) of Central Motor Vehicle Rules read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
| 4. | The driver of a motor cab demanding excess fare or refusing to ply the motor cab. | Rule 21 (23) of Central Motor Vehicle Rules read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for thesecond or subsequent offence.
|
| 5. | Failure to display the number plates while driving a motor vehicle. | Rule 50 of Central Motor Vehicle Rules read with Section 177 | ● Rs. 100 for the first offence.
● Up to Rs. 300 for the second or subsequent offence.
|
References
[1] 75. Scheme for renting of motor cabs.
- The Central Government may, by notification in the Official Gazette, make a scheme for the purpose of regulating the business of renting of motor cabs to persons desiring to drive the cabs for their own use and for matters connected therewith.
- A scheme made under sub-section (1) may provide for all or any of the following matters, namely:
- Licensing of operators under the scheme including grant, renewal and revocation of such licenses;
- form of application and form of licenses and the particulars to be contained therein;
- fee to be paid with the application for such licenses;
- The authorities to which the application shall be made;
- Condition subject to which such licenses may be granted, renewed or revoked;
- Appeals against orders of refusal to grant or renew such licenses and appeals against orders revoking such licenses;
- Conditions subject to which motor cabs may be rented;
- Maintenance of records and inspection of such records;
- Such other matters as may be necessary to carry out the purposes of this section.
[2] 109. General provision regarding construction and maintenance of vehicles.
- Every motor vehicle shall be so constructed and so maintained as to be at all times under the effective control of the person driving the vehicle.
- Every motor vehicle shall be so constructed as to have right hand steering control unless it is equipped with a mechanical or electrical signaling device of a prescribed nature.
I have a bike registered in Kerala. I want to use the same in Bangalore for a period of less than 1 year. Road taxes are paid in Kerala. What are the documents I have to keep for this transfer. Is there any taxes I have to pay additionally in Bangalore. I heard that up to 1 year I don’t have to pay taxes or no need to re-register the vehicle(based on a recent court stay order). Anyone knows about this?