Motor Vehicles Act Section 112 — Limits of speed

CHAPTER VIII CONTROL OF TRAFFIC

Civil

Summary

Sub-section (1) prohibits any person from driving a motor vehicle, or causing or allowing one to be driven, in a public place at a speed that exceeds the maximum speed limit or falls below the minimum speed limit fixed for that vehicle under this Act or under any other law currently in force. However, this maximum speed can never be higher than the limit set by the Central Government through a notification in the Official Gazette for any motor vehicle or class or description of motor vehicles.

Sub-section (2) allows the State Government, or any authority authorised by it, to fix maximum or minimum speed limits for motor vehicles, or for any specific class or description of motor vehicles, or for motor vehicles with a trailer attached. These limits can be set generally, or for a particular area, or for a particular road or roads, if the government is satisfied that it is necessary for public safety or convenience, or because of the nature of any road or bridge. This is done through a notification in the Official Gazette and by placing or erecting appropriate traffic signs under section 116 at suitable places. However, no such notification is required if the restriction is to remain in force for not more than one month.

Sub-section (3) states that this entire section does not apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres, within the area and during the period specified in the notification issued under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938.

Official Text

(1) No person shall drive a motor vehicle or cause or allow a motor vehicle to be driven in any public place at a speed exceeding the maximum speed or below the minimum speed fixed for the vehicle under this Act or by or under any other law for the time being in force:

Provided that such maximum speed shall in no case exceed the maximum fixed for any motor vehicle or class or description of motor vehicles by the Central Government by notification in the Official Gazette.

(2) The State Government or any authority authorised in this behalf by the State Government may, if satisfied that it is necessary to restrict the speed of motor vehicles in the interest of public safety or convenience or because of the nature of any road or bridge, by notification in the Official Gazette, and by causing appropriate traffic signs to be placed or erected under section 116 at suitable places, fix such maximum speed limits or minimum speed limits as it thinks fit for motor vehicles or any specified class or description of motor vehicles or for motor vehicles to which a trailer is attached, either generally or in a particular area or on a particular road or roads:

Provided that no such notification is necessary if any restriction under this section is to remain in force for not more than one month.

(3) Nothing in this section shall apply to any vehicle registered under section 60 while it is being used in the execution of military manoeuvres within the area and during the period specified in the notification under sub-section (1) of section 2 of the Manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938).