Motor Vehicles Act Section 113 — Limits of weight and limitations on use
CHAPTER VIII CONTROL OF TRAFFIC
Civil
Summary
Sub-section (1) allows the State Government to set the conditions under which permits are issued for transport vehicles by the State or Regional Transport Authorities. It also lets the government prohibit or restrict the use of such vehicles in any area or on any route.
Sub-section (2) states that, unless otherwise prescribed, no person may drive, or cause or allow to be driven, in any public place a motor vehicle that is not fitted with pneumatic tyres.
Sub-section (3) prohibits driving, or causing or allowing to be driven, in any public place any motor vehicle or trailer in two situations. Under clause (a), this applies when the unladen weight of the vehicle or trailer exceeds the unladen weight specified in its certificate of registration. Under clause (b), this applies when the laden weight exceeds the gross vehicle weight specified in the certificate of registration.
Sub-section (4) deals with cases where the driver or person in charge of a motor vehicle or trailer is not the owner, and the vehicle is driven in contravention of sub-section (2) or clause (a) of sub-section (3). In such cases, a court may presume that the offence was committed with the knowledge of, or under the orders of, the owner of the motor vehicle or trailer.
Official Text
(1) The State Government may prescribe the conditions for the issue of permits for 1[transport vehicles] by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.
(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.
(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer—
(a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or
(b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.
(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.