Motor Vehicles Act Section 138 — Power of State Government to make rules

CHAPTER VIII CONTROL OF TRAFFIC

Civil

Summary

Sub-section (1) gives the State Government the power to make rules to carry out the provisions of this Chapter, except for the matters that are specifically covered under section 137.

Sub-section (1A) allows the State Government to make rules for road safety to regulate the activities and access of non-mechanically propelled vehicles (such as cycle rickshaws or handcarts) and pedestrians to public places and national highways. However, for national highways, such rules must be made in consultation with the National Highways Authority of India.

Sub-section (2) states that, without limiting the general power given above, the rules may cover specific matters. Under clause (a), rules may provide for the removal and safe custody of vehicles, including their loads, that have broken down, been left standing, or been abandoned on roads. Under clause (b), rules may provide for the installation and use of weighing devices. Under clause (c), rules may provide for the maintenance and management of wayside amenities complexes. Under clause (d), rules may exempt fire brigade vehicles, ambulances, and other special classes or descriptions of vehicles from all or any of the provisions of this Chapter, subject to conditions that may be prescribed. Under clause (e), rules may provide for the maintenance and management of parking places and stands, and the fees, if any, that may be charged for their use. Under clause (f), rules may prohibit driving a motor vehicle downhill with the gear disengaged, either generally or in a specified place. Under clause (g), rules may prohibit taking hold of or mounting a motor vehicle while it is in motion. Under clause (h), rules may prohibit the use of foot-paths or pavements by motor vehicles. Under clause (i), rules may generally provide for the prevention of danger, injury, or annoyance to the public or any person, or of danger or injury to property, or of obstruction to traffic. Under clause (j), rules may cover any other matter which is to be, or may be, prescribed.

Official Text

(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137. 5[

(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways:

Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.]

(2) Without prejudice to the generality of the foregoing power, such rules may provide for—

(a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads;

(b) the installation and use of weighing devices;

(c) the maintenance and management of wayside amenities complexes;

(d) the exemption from all or any of the provisions of this Chapter of fire brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed;

(e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;

(f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place;

(g) prohibiting the taking hold of or mounting of a motor vehicle in motion;

(h) prohibiting the use of foot-paths or pavements by motor vehicles;

(i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of abstruction to traffic; and

(j) any other matter which is to be, or may be, prescribed.