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词条 Motor Vehicles Act, 1988
释义

  1. Definitions

  2. Accident claims

  3. Previous laws

     Amendments  Indian Motor Vehicles Acts, from 1914-2016   Indian Motor Vehicles Act,2017  

  4. References

  5. External links

{{use dmy dates|date=March 2016}}{{use Indian English|date=March 2016}}{{Infobox legislation
| imagesize = 100
| imagealt = Motor Vehicles Act, 1988
| enacted_by = Parliament of India
| date_enacted = 1988
| status = in force
}}

The Motor Vehicles Act, 1988 is an Act of the Parliament of India which regulates all aspects of road transport vehicles. The Act came into force from 1 July 1989. It replaced Motor Vehicles Act, 1939 which earlier replaced the first such enactment Motor Vehicles Act, 1914.[1] The Act provides in detail the legislative provisions regarding licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences and penalties, etc. For exercising the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989.[2]

Definitions

Some of the definitions from the act are given below:

  • motor vehicle: Any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted from an external or internal source of power.

Accident claims

There is a provision to provide {{INRConvert|500|k}} with no upper

limit, as interim relief to the family of a victim of fatal accidents. The cases of road accident compensation claims are decided in the Motor Accident Claims Tribunal.[3]

Previous laws

The "Indian Motor Vehicles Act, 1914"[4] was a central legislation passed and applicable in British India. Some princely states followed suit, with local modifications.[5] Motor vehicles were first introduced in India towards the end of the 19th century, and the 1914 Act was the first legislation to regulate their use.[6] It had 18 sections, and gave local governments the responsibility of registering and licensing vehicles and motorists, and enforcing regulations.[5] It was replaced by the Motor Vehicles Act, 1939, which came into force in 1940.

Amendments

Indian Motor Vehicles Acts, from 1914-2016

The "Indian Motor Vehicles Act, 1914" was amended by the "Indian Motor Vehicles (Amendment) Act, 1920" (Act No. XXVII of 1920) passed by the Imperial Legislative Council. It received assent from the Governor General of India on 2 September 1920. The Act amended sections 11 and 18 of the 1914 Act.[7]

The Act was amended again by the "Indian Motor Vehicles (Amendment) Act, 1924" (Act No. XV of 1924). The Act received assent from the Governor General on 18 September 1924. It had the title, "An Act further to amend the Indian Motor Vehicles Act, 1914, for certain purposes" and amended section 11 of the 1914 Act by inserting the words "and the duration for which" after the words "area in which" in clause (a) of subsection (2) of section 11.[8] The motor vehicle act has again been amended in 2016.

Indian Motor Vehicles Act,2017

This will be a significant upgrade to the motor vehicle laws. It envisages body cams on traffic cops and RTO officials to check corruption and 7-year imprisonment instead of current 2 years for drink-driving deaths, mandatory 3rd party insurance for all vehicles, and stiffer penalties for traffic violations to reduce the accident rates.[9]

References

1. ^{{cite web|title=Introduction|url=http://www.morth.nic.in/writereaddata/mainlinkFile/File672.pdf|work=The Motor Vehicles Act, 1988|publisher=Ministry of Road Transport and Highways|accessdate=4 July 2013}}
2. ^{{cite web|title=Central Motor Vehicles Rules 1989|url=http://www.morth.nic.in/index2.asp?slid=99&sublinkid=58&lang=1|publisher=Ministry of Road Transport and Highways, Government of India|accessdate=4 July 2013}}
3. ^{{citation |title=Government to amend MV Act for simplifying accident claims |url=http://www.newindianexpress.com/nation/Government-to-amend-MV-Act-for-simplifying-accident-claims/2016/07/08/article3519525.ece |work=The New Indian Express |date=8 July 2016 }}
4. ^http://www.helplinelaw.com/docs/the-motor-vehicle-act-1988
5. ^{{cite web|url=http://www.orissatransport.nic.in/about_omvd.htm|title=An efficient and vibrant Road Transport System|publisher=Orissa Motor Vehicles Department|accessdate=6 October 2014}}
6. ^{{cite web|url=http://lawmin.nic.in/ncrwc/finalreport/v2b3-5.htm|title=Background Paper on Barriers to Inter-State Trade and Commerce: The Case of Road Transport|first1=Bibek |last1= Debroy |first2=P.D. |last2=Kaushik|publisher=Rajiv Gandhi Institute for Contemporary Studies|accessdate=6 October 2014}} {{PD-notice}}
7. ^{{cite web|author1=Imperial Legislative Council|authorlink1=Imperial Legislative Council|author2=Governor General of India|authorlink2=Governor-General of India||title=The Acts passed by the Governor General of India in Council in the year 1920|url=http://lawmin.nic.in/legislative/textofcentralacts/1920.pdf|website=www.lawmin.nic.in|publisher=Superintendent Government Printing, India|accessdate=6 July 2014|location=Calcutta|page=166|year=1921}} {{PD-notice}}
8. ^{{cite web|author1=Imperial Legislative Council|authorlink1=Imperial Legislative Council|author2=Governor General of India|authorlink2=Governor-General of India|title=Titles of the Acts of the Indian Legislature and of the Governor General for the year 1924|url=http://lawmin.nic.in/legislative/textofcentralacts/1924.pdf|website=www.lawmin.nic.in|publisher=Superintendent Government Printing, India|accessdate=6 July 2014|location=Calcutta|page=211}} {{PD-notice}}
9. ^Panel wants body cams on traffic cops, RTO officials, Economic Times, 23 Dec 2017.

External links

  • Full text of the 1920 amendment (Page 166)
  • Full text of the 1924 amendment (Page 211)
{{Transport in India}}{{Indian legislations}}

5 : Acts of the Parliament of India 1988|Road transport in India|History of transport in India|Transport legislation|1988 in transport

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