Motor Vehicles Act Section 110 — Power of Central Government to make rules

CHAPTER VII CONSTRUCTION, EQUIPMENT AND MAINTENANCE OF MOTOR VEHICLES

Civil

Summary

Sub-section (1) gives the Central Government the power to create rules about how motor vehicles and trailers are built, equipped, and maintained. These rules can cover any or all of the listed matters, which include the size of vehicles and their loads, the type and condition of tyres, brakes and steering, the use of safety glasses, signalling devices, speed governors, smoke and noise emissions, the marking of chassis and engine numbers, safety equipment like seat belts and handle bars, standards for vehicle components and software, transport of dangerous goods, emission standards, catalytic converters, audio-visual devices in public vehicles, and warranties after sale. Any rules dealing with environmental protection must be made after consulting the central government ministry responsible for the environment.

Sub-section (2) states that the rules made under sub-section (1) can also cover how compliance with those rules is ensured, including how motor vehicles are maintained in relation to those matters. These rules can apply generally to all motor vehicles or trailers, or only to specific classes of them or in particular circumstances. Such rules may also set out the procedure for investigations, who is authorised to conduct them, how hearings are held, and what penalties can be imposed.

Sub-section (2A) says that the people authorised under sub-section (2) to conduct investigations will have the same powers as a civil court when trying a suit under the Code of Civil Procedure, 1908. These powers include summoning and examining people on oath, requiring the discovery and production of documents, receiving evidence on affidavit, and any other matter that may be prescribed.

Sub-section (3) provides two exemptions. First, the Central Government may exempt any class of motor vehicles from the provisions of this Chapter. Second, a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1), but only subject to conditions that the Central Government may prescribe.

Official Text

(1) The Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the following matters, namely:—

(a) the width, height, length and overhang of vehicles and of the loads carried; 2[

(b) the size, nature, maximum retail price and condition of tyres, including embossing thereon of date and year of manufacture and the maximum load carrying capacity;]

(c) brakes and steering gear;

(d) the use of safety glasses including prohibition of the use of tinted safety glasses;

(e) signalling appliances, lamps and reflectors;

(f) speed governors;

(g) the emission of smoke, visible vapour, sparks, ashes, grit or oil;

(h) the reduction of noise emitted by or caused by vehicles;

(i) the embossment of chassis number and engine number and the date of manufacture;

(j) safety belts, handle bars of motor cycles, auto-dippers and other equipments essential for safety of drivers, passengers and other road users;

(k) standards of the components 1[including software]used in the vehicle as inbuilt safety devices;

(l) provision for transportation of goods of dangerous or hazardous nature to human life;

(m) standards for emission of air pollutants; 2[

(n) installation of catalytic convertors in the class of vehicles to be prescribed;

(o) the placement of audio-visual or radio or tape recorder type of devices in public vehicles;

(p) warranty after sale of vehicle and norms therefor:] Provided that any rules relating to the matters dealing with the protection of environment, so far as may be, shall be made after consultation with the Ministry of the Government of India dealing with environment.

(2) Rules may be made under sub-section (1) governing the matters mentioned therein, including the manner of ensuring the compliance with such matters and the maintenance of motor vehicles in respect of such matters, either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or in particular circumstances 1[and such rules may lay down the procedure for investigation, the officers empowered to conduct such investigations, the procedure for hearing of such matters and the penalties to be levied thereunder.] 1[

(2A) Persons empowered under sub-section (2) to conduct investigations referred to in sub-section (2) shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavit; and

(d) any other matter as may be prescribed.]

(3) Notwithstanding anything contained in this section,—

(a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter;

(b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government.