Category Archives: Motor Vehicles Act

Maharashtra Motor Vehicles Rules 1989

PREAMBLE

In exercise of the powers conferred by Sections 26, 28, 38, 65, 107, 111, 138, 159, 176 and 213 of the Motor Vehicles Act, 1988 (59 of 1988) (hereinafter referred to as “the said Act”), read with Section 22 of the General Clauses Act, 1897, and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes, the following rules, the same having been previously published as required by sub-section (1) of Section 212 of the said Act, namely:–

CHAPTER I
PRELIMINARY
1. Short title and application

(1) These rules may be called the Maharashtra Motor Vehicles Rules, 1989.
(2) They shall, save as expressly provided otherwise, apply to, and in relation to all motor vehicles in the State of Maharashtra.

 

 

 

The law on speed breakers and speed humps in India

Did you know that there were laws governing speed breakers? Very few government officers and even motorists are aware of these laws and design specifications. This article attempts to explain the law on speed breakers in India.

The law on speed breakers and speed humps in India

The law on speed breakers and speed humps in India

What are speed breakers?

Speed Breakers are traffic management devices which use vertical deflection to slow down vehicles passing over them.

Speed breakers are also known as Speed Humps, Speed Bumps, Speed Ramps, Speed Cushions or Speed tables

Why are speed breakers used?

Speed breakers are used to slow down traffic near schools, hospitals so that children can cross the road more easily or senior citizens can cross at ease. They are also placed near toll booths and entry points of bridges or narrow roads, to ensure that motorists reduce their speed.

Why are unplanned or illegal speed breakers bad?

While speed breakers can help in slowing down traffic and reducing high speed crashes, an unplanned or illegal speed breaker can be as much (if not more) dangerous than the high speed crashes it is trying to prevent. It is very common across India to see speed breakers being laid willy-nilly

  • Slows down emergency vehicles like ambulances, police vehicles and fire trucks
  • Cause traffic congestion and sudden braking
  • Reduces fuel efficiency and increases air pollution of vehicles
  • Causes rapid wear and tear of vehicles
  • The impact can be harmful for patients in transit, senior citizens and pregnant women.
  • Causes an increase in Noise Pollution due to sudden braking, honking, vehicle parts and traffic congestion 
  • May scrape the under-body of low floor cars
  • Can cause vehicles (especially 2 wheelers) to skid and cause a collision due to loss of control

Is there a law governing speed breakers?

Coming soon….

There are various judgements by various Courts, directing the government to formulate rules and policies for setup of speed breakers.

Laws which refer to speed breakers:

  • Home Department’s Resolution No. TFC-1092-991-V dated 23rd March 1992

Where can speed breakers be placed as per law?

Speed Breakers must be used only in urban areas for minor roads and residential areas. Speed Breakers are NOT recommended on high-speed roads or highways outside urban limits.

As per the Indian Road Congress guidelines, dated 12 June 1987, speed breakers must be placed on minor roads, only as follows:

4.1 Warrants:

Use of speed breakers is justified only in the following 3 circumstances:

  1. T-intersections of minor roads with rural trunk highways, characterized by relatively low traffic volumes on the minor road but very high average operating speed and poor sight distances. Such locations have a high record of fatal accidents and as such a speed breaker on the minor road is recommended;
  2. Intersections of minor roads with major roads, and mid-block sections in urban areas where it is desirable to bring down the speeds; and
  3. Selected local streets in residential areas, schools, colleges or university campuses, hospitals, etc. Also in areas where traffic is observed to travel faster than the regulated or safe speed in the area.

Other place where these may be used include:

1. Any situation where there is a consistent record of accidents primarily attributed to the speed of the vehicles e.g. when hazardous sections follow a long tangent approach;

2. Approaches to temporary diversions;

3. Approaches to weak or narrow bridges and culverts requiring speed restriction for safety;

4. On the minor arms of uncontrolled junctions and at railway level crossings;

5. Sharp curves with poor sight distances; and

6. Places of ribbon development, where road passes through builtup areas and vehicles travelling at high speeds are a source of imminent danger to pedestrians.

What are the specifications for ideal speed breakers?

The Indian Roads Congress has suggested that speed breakers are formed basically by providing a rounded (of 17 metre radius) hump of 3.7 metre width and 0.10 metre height for the preferred Advisory crossing speed of 25 km/h for general traffic. It is mentioned that more humps be constructed at regular intervals depending on desired speed and acceleration/deceleration characteristics of vehicles and that the distance between one hump to another can vary from 100 to 120 metres centre to centre.

The “Draft Guidelines on the provision of Speed Breakers for Control of Vehicular speed on Minor Roads” (Highly Recommended read) states that:

1.1 Definition: A speed breaker is a hump surface across the roadway having a rounded shape with width greater than the wheel base of most of the vehicles using the road. When there is decrease variation in sensory stimuli and at locations where speed controls are desired, a speed breaker acts as a strong stimuli to arouse reaction in the brain. Since the driver reaction times are faster in response to audible and tactile stimuli than to visual stimuli, a driver subconsciously reduces the speed.

An ideally designed hump should satisfy the following requirements:
i. There should be no damage to vehicles nor excessive discomfort to the drivers and passengers when passing at the preferred crossing speed.
ii. The hump should not give rise to excessive noise or cause harmful vibrations to the adjoining buildings or affect the other residents of the area.
iii. Above the design speed, a driver should suffer increasing level of discomfort (but without losing directional control and without any vehicle damage) depending on the extent through which design speed is exceeded.

What type of marking and painting needs to be done on speed breakers?

What type of marking and painting needs to be done on speed breakers in India?

What type of marking and painting needs to be done on speed breakers in India?

  • Drivers should be warned of the presence of speed breakers by posting suitable advance warning signs. The warning signs, should be of the design ‘HUMP OR ROUGH ROAD’ detailed in IRC: 67-1977 ‘Code of practice for Road Signs’. The sign should have a definition plate with the words ‘SPEED BREAKER’ inscribed thereon and should be located 40 m in advance of the first speed breaker.
  • Speed breakers should be painted with alternate black and white bands to give additional visual warning. For better night visibility, it is desirable that the markings are in luminous paint/luminous strips. Embedded cat-eyes can also be used to enhance night visibility.

Who is authorized to install speed breakers? Who is responsible for maintaining and installation of speed breakers?

Location of the speed breakers are authorised by the Traffic Police Department on its own or on suggestions received from the public .

The public may  send suggestions on placement or requirement of speed breakers to the

  • Traffic Police Department or
  • Traffic Department of the Municipal Corporation (Eg: MCGM in Mumbai)

The Director General of Police of the state and concerned Municipal Commissioners/ Councillors in charge of Municipal Corporations/Councils are also accountable for the upkeep and maintenance of the speed breakers and to ensure that new speed breakers are constructed in consonance with the guidelines provided by the Indian Road Congress.

The National Highways Authority of India is responsible for speed breakers on the highways.

Landmark Cases on Speed Breaker Law

  • J P Sanghi v. State Of MP 1984 – Petition challenging the speed breakers in the town of Jabalpur and also on national highways passing through Madhya Pradesh.
  • Kumudben Sureshchandra v. Jamnagar Municipal Corporation 1996 – Death due to unmarked speed breaker and compensation – “The Government, the authority in charge of Highways and local authorities, such as Municipal Corporation, Municipalities, Panchayats, and Urban Development Authorities, within their respective territorial jurisdiction, are duty bound to provide safe and motorable roads without any obstruction and with just and reasonable safety devices. If in law there is no provision for erecting a speed breaker, and if it is found that the speed of vehicles at a particular point of road is to be regulated, then a scientific study of the same keeping in mind various aspects has to be undertaken so as to make the device to reduce the speed just and reasonable, which would not result into causing more unintended harm than intended benefits.”
  • Kewal Semlani v. Commissioner Of Bombay And Ors. 2005 – Bombay High Court issues directions for speed breakers in Mumbai.
  • N.D.M.C. v. Shri Chander Kishore Aggarwal 2011 – Compensation of Rs. 1 Lakh granted to motorist. NDMC held guilty of negligence for not maintaining speed breaker and thereby causing the accident.

Guidelines on Speed Breakers

  • Ministry of Railways: DraftSpeedBreakerGuidelinesIR

    Draft Guidelines on the provision of Speed
    Breakers for Control of Vehicular speed on Minor Roads
    Report no. RDSO/WKS/2016/1 by the Works Directorate of the Research Design and Standards Organization, Lucknow

 

The law on Pollution Under Control (PUC) in India

The law on Pollution Under Control (PUC) in India

The law on Pollution Under Control (PUC) in India

This article explains about the Certification Mark of PUC for Motor Vehicles in India.

What is PUC?

PUC (Pollution Under Control) is a Certification Mark issued to certify that motor vehicles in India meet emission and pollution control norms.

Which vehicles must have PUC?

All motor vehicles must have a valid PUC Certificate.

The term motor vehicle is defined in Section 2(28) of The Motor Vehicles Act, 1988:

(28) “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres; is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres;”

What are the charges for PUC checking?

PUC charges vary from place to place, but are usually between Rs. 60 to Rs. 100 for a 4 wheeler – Petrol LMV.

What is the procedure for PUC tests?

For Diesel vehicles:

  • The accelerator should be fully pressed.
  • The reading of pollution levels should be noted with the acceleration pedal fully pressed.
  • The average of five readings is considered as the Final Reading

For Petrol vehicles:

  • The vehicle is kept idling without the accelerator pressed.
  • Only one reading is taken.

What is the validity of a PUC Certificate?


Sr. No. PUC Test Reading Validity
Petrol Diesel
1 Less than 3 % Less than 1.5 % Less than 50 Hartridge Smoke Units. 6 Months
2 3 to 4 % 1.5 to 2.5 % 50 to 60 Hartridge Smoke Units 4 Months
3 4 to 4.5 % 2.5 to 3.00 % 60 to 65 Hartridge Smoke Units 2 Months

What is the validity of PUC for a new car? When should the first PUC check be done on a new car?

The validity of PUC for a new car is 1 year from the date of registration.

Thereafter PUC tests must be done every 6 months. In the case of higher CO2 levels, refer to the table above.

What is required to undergo a PUC check?

Just your car.

What should be mentioned on the PUC Certificate?

PUC Certificate

The PUC certificate must mention, the certificate serial number, the vehicle license plate number, the date of testing, the expiry date, the emission readings.

 

The PUC certificate must mention:

  • the certificate serial number
  • the vehicle license plate number
  • the date of testing
  • the expiry date
  • the emission readings

Who is authorised to conduct a PUC test?

The persons conducting the test should hold a minimum qualification of certificate in Automobile Engineering or Motor Mechanics issued by Industrial Training Institute of Government of Maharashtra and should also know the procedure for minor adjustments/repairs with which the pollution levels can be brought down, without affecting overall performance of the engine.

What are the pollution limits?

Refer to the table above to know the permitted emission limits.

What if my motor vehicle exceeds the pollution limits?

Incase of vehicles showing higher level of emissions than the prescribed limits under Central Motor Vehicles Rules 1989 the registration number of such vehicles should be informed to concerned RTO, Dy. RTO Or Asst. RTO by the permit holder of the testing Centre within 24 hours.

What should I do with the PUC Certificate? Do I need to keep the PUC Certificate in the vehicle?

Yes. You must carry a valid PUC certificate in the vehicle.

As per the Central Motor Vehicle Rules 1989 Rule 115:

115. Emission of smoke, vapour, etc. from motor vehicles:
(7) After the expiry of a period of one year from the date on which the motor vehicle was first registered, every such vehicle shall carry a valid ‘Pollution under control’ certificate issued by an agency authorised for this purpose by the State Government. The validity of the certificate shall be for six months and the certificate shall always be carried in the vehicle and produced on demand by the officers referred to in sub-rule (1) of rule 116.

This means that you must have the PUC Certificate in the vehicle at all times and it must be produced immediately when asked by any officer not below the rank
of Sub-Inspector of Police or the Inspector of Motor Vehicles.

I have heard that it is NOT mandatory to keep the PUC Certificate in the vehicle and I can produce it within 7 days from the RTO officer asking me in writing.

That is NOT correct.

Section 115 (given above) is very clear that “the certificate shall always be carried in the vehicle and produced on demand”

It has been misinterpreted as being part of Section 116 which states that:

(1) Notwithstanding anything contained in sub-rule (7) of rule 115 any officer not below the rank of Sub-Inspector of Police or the Inspector of Motor Vehicles who has reason to believe that a motor vehicle is not complying with the provisions of sub-rule (2) or sub-rule (7) of rule 115, may in writing direct the driver or any person incharge of the vehicle to submit the vehicle for conducting the test to measure the standards of emission in any one of the authorised testing stations, and produce the certificate to an authority at the address mentioned in the written direction within 7 days from the date of conducting the check.

Section 116 clearly starts with the word notwithstanding.

This means that even if a vehicle has a valid PUC Certificate as given in section 115, but the officer believes that the vehicle maybe a source of pollution beyond the limits, he may ask for the vehicle to be rechecked.

This order to retest the vehicle for PUC norms, must be in writing and can be replied to within 7 days.

It does not mean that the PUC certificate need not be carried with the vehicle or that it can be produced within 7 days.

Is the PUC valid throughout India? Do I need to take a separate PUC if I am travelling to a different state in India?

Yes. The PUC certificate is valid throughout India.

As per section 116:

(8) The certificate issued under sub-rule (7) shall, while it remains effective be valid throughout India.

 

The law on motor vehicle beacons and flashers in India

The law on motor vehicle beacons and flashers in India

The law on motor vehicle beacons and flashers in India

==THIS ARTICLE IS UNDER CONSTRUCTION==

What are beacons? What are flashers? What are sirens?

 

Who is authorised to use beacons / flashers / sirens on their vehicles?

Red light with flasher on the top front of vehicle, while on duty anywhere in the country:-

(i) President;
(ii) Vice President;
(iii) Prime Minister;
(iv) Former President;
(v) Deputy Prime Minister;
(vi) Chief Justice of India;
(vii) Speaker of the Lok Sabha;
(viii) Cabinet Ministers of the Union;
(ix) Deputy Chairman Planning Commission;
(x) Former Prime Ministers;
(xi) Leaders of Oppositions in the Rajya Sabha & Lok Sabha;
(xii) Judges of the Supreme Court.

Red light without flasher on the top front of the vehicle, while on duty anywhere in the country:-
(i) Chief Election Commissioner;
(ii) Comptroller & Auditor General of India;
(iii) Deputy Chairman Rajya Sabha;
(iv) Deputy Speaker, Lok Sabha;
(v) Ministers of State of the Union;
(vi) Members of the Planning Commission;
(vii) Attorney Journal of India;
(viii) Cabinet Secretary;
(ix) Chiefs of Staff of the three Services holding the Rank of
full general or equivalent rank;
(x) Deputy Ministers of the Union;
(xi) Officiating Chiefs of Staff of the three services holding
the rank of Lt. General of equivalent rank.
(xii) Chairman Central Administrative Tribunal;
(xiii) Chairman Minorities Commission;
(xiv) Chairman, Scheduled Castes and Scheduled Tribes
Commission;
(xv) Chairman, Union Public Service Commission;
(xvi) Solicitor General of India.

Can the beacon be used when the Officer is not present in his vehicle?

No. In case the vehicle fitted with red light on top front is not carrying the dignitaries, then such red light shall not be used and be covered by a black cover.

Can I use a beacon on my vehicle?

Unless you are an officer authorised by the State or Central Government, you cannot use the beacon on your vehicle.

Can I keep the beacon on the dashboard of my vehicle?

No. You cannot keep the beacon on the dashboard of the vehicle, even if used by an authorized person, when not on duty. When not in use the beacon must be covered with a black cover.

Section 140 and 171 of the Indian Penal Code state that:

140. Wearing garb or carrying token used by soldier, sailor or airman —
Whoever, not being a soldier, sailor or airman, in the Military, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

171. Wearing garb or carrying token used by public servant with fraudulent
intent —
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

 

Which law governs the use of beacons and flashers?

Central Motor Vehicles Rules, 1989 Rule 108, which is extracted below:–

Use of red or white lights:– No motor vehicle shall show a red light to the Front or light other than red to the rear:

Provided that the provision of this rule shall not apply to-

(i) the internal lighting of the vehicle or

(ii) the amber light, if displayed by any direction indicator or top light;

(iii) a vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle;

(iv) the blinker type of red light with purple glass fitted to an ambulance van used for conveying patients; or

(v) to a vehicle having a lamp fitted with an electrical bulb, if the power of the bulb does not exceed seven watts and the lamp is fitted with frosted glass or any other material which has the effect of diffusing the light.

 

Section 70 of the Motor Vehicles Act 1939 which is extracted below conferred the power on the State Government for making rules, inter alia, regarding signalling appliances, lamps and reflectors:–

“Power to make rules:– (a) A State Government may make Rules regulating the construction, equipment and maintenance of motor vehicles and trailers.

 

 

Notification no. S.O.52 (E) dated 11-01-2002 and S.O. 1070

(E) dated 28-07-2005 issued by Ministry of Road Transport & Highways,
Govt. of India, t

Where can I report misuse of a beacon?

What are the penalties for misusing a beacon?

 

Case laws

Red Light On The Cars Of The Hon’Ble … vs State Of U.P. on 5 April, 1993 AIR 1993 All 211