Motor Vehicles Act Section 192A — Using vehicle without permit

CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE

Civil

Summary

Sub-section (1) states that a person who drives a motor vehicle, or causes or allows it to be used, in violation of the rules about needing a permit, or in violation of any condition of a permit regarding the route, area, or purpose for which the vehicle may be used, is committing an offence. For the first such offence, the punishment is imprisonment for up to six months, or a fine of ten thousand rupees, or both. For any later offence, the punishment is imprisonment for at least six months and up to one year, or a fine of ten thousand rupees, or both.

Sub-section (2) says that this section does not apply to using a motor vehicle in an emergency to carry people who are sick or injured, to transport materials for repair, or to transport food, materials, or medical supplies to relieve distress or for a similar purpose. However, the person using the vehicle must report this use to the Regional Transport Authority within seven days from the date of such use.

Sub-section (3) provides that a court hearing an appeal against a conviction for an offence described in sub-section (1) may set aside or change any order made by the lower court, even if no appeal has been filed against the conviction itself in connection with which that order was made.

Official Text

(1) Whoever drives a motor vehicle or causes or allows a motor vehicle to be used in contravention of the provisions of sub-section (1) of section 66 or in contravention of any condition of a permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, shall be punishable for the first offence with 4[imprisonment for a term which may extend to six months 5[or a fine of ten thousand rupees, or with both]] and for any subsequent offence with imprisonment which may extend to one year but shall not be less than 6[six months] or with fine 7[of ten thousand rupees] or with both: 8* * * * *

(2) Nothing in this section shall apply to the use of a motor vehicle in an emergency for the conveyance of persons suffering from sickness or injury or for the transport of materials for repair or for the transport of food or materials to relieve distress or of medical supplies for a like purpose:

Provided that the person using the vehicle reports about the same to the Regional Transport Authority within seven days from the date of such use.

(3) The court to which an appeal lies from any conviction in respect of an offence of the nature specified in sub-section (1), may set aside or vary any order made by the court below, notwithstanding that no appeal lies against the conviction in connection with which such order was made.]