Motor Vehicles Act

Topics: Automobile, Vehicle, Motorcycle Pages: 61 (21348 words) Published: February 17, 2013

Bill No. XXXVI of 2007


BILL further to amend the Motor Vehicles Act, 1988. BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:— 1. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2007. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 59 of 1988. Short title and commencement.

2. In section 2 of the Motor Vehicles Act, 1988 (hereinafter referred to as the principal Act),— (i) after clause (3), the following clause shall be inserted, namely:—

Amendment of section 2.

2 ‘(3A) “Carriage for persons with disability” means a motor vehicle specially designed and constructed for the use of a person suffering from some physical defect or disability, and used solely by or for such a person;’; (ii) after clause (4), the following clause shall be inserted, namely:— ‘(4A) “common carrier” means a person engaged in the business of collecting, storing forwarding or distributing goods to be carried by goods carriages under goods receipt or transporting for hire, of goods from place to place, by motorised transport on road, for all persons indiscriminately and includes a goods booking company, contractor, agent, broker and courier agency, but does not include the Government. Explanation.— For the purpose of this clause, courier agency means an agency engaged in the door to door transportation of documents, goods or articles utilising the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles;’; (iii) for clause (8), the following clause shall be substituted, namely:— ‘(8) “dealer” includes a person who is engaged— (a) in building bodies for attachment to chassis; or (b) in the business of hypothecation, leasing or hire purchase of motor vehicles; or (c) in the manufacture of motor vehicles; or (d) in the sale of motor vehicles on the authority of a motor vehicle manufacturer’; (iv) clause (18) shall be omitted; (v) in clause (28), after the words “twenty-five cubic centimetres”, the words “or a battery operated vehicle equipped with motor having a thirty minutes power of less than 0.25 Kilowatt” shall be inserted; (vi) after clause (28), the following clause shall be inserted, namely:— ‘(28A) “multi-axle vehicle” means a vehicle having more than two axles.’. Amendment of section 7.

3. In section 7 of the principal Act,— (i) in sub-section (1), for the words “one year”, the words “two years” shall be substituted; (ii) in sub-section (2), for the words “motor cycle without gear”, the words, figures and letters “motor cycle with engine capacity not exceeding 50 cubic centimetres or battery operated motor cycles equipped with a motor having a thirty minute power of less than 0.50 Kilowatt ” shall be substituted.

Amendment of section 8.

4. In section 8 of the principal Act, in sub-section (5), the following proviso shall be inserted, namely:— “Provided that the licensing authority may exempt the applicant from the test to drive a motor vehicle (not being a transport vehicle) if the applicant possesses a driving test certificate issued by an institution or automobile association recognised in this behalf by the State Government.".

Amendment of section 9. Amendment of section 10.

5. In section 9 of the principal Act, in the second proviso to sub-section (3), after the words, “issued by any institution”, the words “or automobile association” shall be inserted; 6. In section 10 of the principal Act,— (i) in sub-section (1), for the words “such form”, the words “such form, including electronic form” shall be substituted;

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