
Background
The Motor Vehicles Act, 1988 is the primary legislation governing all aspects of road transport in India, including vehicle registration, licensing, construction, safety, and operation of motor vehicles. It applies to manufacturers, vehicle owners, drivers, dealers, and transport authorities across the country. Chapter VII of the Motor Vehicles Act, 1988, deals with offences, penalties, and enforcement mechanisms under the Act. It prescribes penalties for violations such as driving without licence, registration, insurance, or permits, and for breach of safety and traffic regulations
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Applicability
Applicable to all motor vehicle owners, drivers, and users of motor vehicles in public places, as Chapter VII of the Motor Vehicles Act, 1988 governs offences, penalties, and enforcement provisions related to violations of the Act, including non-compliance with licensing, registration, permits, safety, and insurance requirements across India
Compliance requirements under the Act in Accordance with the Rules
Every motor vehicle must be constructed and maintained for effective driver control, have right-hand steering unless fitted with approved signalling devices, and must not be used in any public place if it fails to meet Chapter V CMVR construction, equipment, and maintenance requirements.
This rule does not apply to motor vehicles:
(a) damaged in an accident or stopped due to fuel shortage or temporary defects at the spot of occurrence;
(b) that are defective or damaged and are being taken to the nearest place of repair or disposal;
(c) registered as Vintage Motor Vehicles;
(d) manufactured for export, including movement from the plant to the port or other locations related to export, under the manufacturer’s or dealer’s supervision.
Parts, components, or assemblies that comply with international standards such as EEC, ECE, or Japanese standards shall be treated as compliant with Rules 124 and 126 when supported by a certificate of compliance issued by an authorised or accredited certifying agency.
Manufacturers using microdot identifiers on motor vehicles and their parts, components, assemblies, or sub-assemblies must comply with AIS-155, as amended.
Entities must ensure that the vehicle’s overall dimensions do not exceed the category-wise limits prescribed in the tables given under Rule 93(1)(A) of the Motor Vehicles Rules,1989 a) Additional Conditions: Construction equipment vehicles and combine harvesters shall be painted by yellow and black zebra stripes on the portion of the width that exceeds 2.6 meters on the front and rear sides. The zebra stripes need not be used on attachments, if any. Further construction equipment vehicles and combine harvesters shall be equipped for night time driving and parking suitably with white or amber lamps at the front and red lamps at the rear.
b)Limits laid down in Rule 93(1)(A) for motor vehicle height, length and width shall be read in conjunction with various provisos given below each Table c) General conditions and relaxations for dimensions shall be as per Rule 93(1)(B)
Rear-view mirrors, indirect-vision devices, guard rails, rub-rails (20 mm max on each side of body), side footsteps, and ADAS sensors are excluded from width measurement of motor vehicle if within prescribed standards. Loads must not extend beyond the vehicle’s sides, front, rear, or permitted height
In case of indivisible load following relaxations are permissible with respect to foll. dimensions, namely:
a) 200 mm projection on each lateral side permissible in case motor vehicle used has actual width as 2.6 m subject to foll.conditions-
1)Projecting portion of the indivisible load shall be painted with yellow and black reflective paint or pasted with tape having similar painting;
2)Lamp emitting red light on rear and while light on front shall be attached to the extreme end of the both side of divisible load
b) Height up to 4.75m
A tyre is considered unfit if its casing fabric is exposed due to wear or cuts, shows deformation or swelling, or is repaired with an external patch instead of a vulcanized repair. The Non-Skid Depth (NSD) must be at least 0.8 mm for two- and three-wheelers, and 1.6 mm for other motor vehicles, measured below the Tread Wear Indicator (TWI). Temporary repairs are permitted only for moving the vehicle to a repair facility. Vehicles without pneumatic tyres (except rollers or track-laying types) must use protective shoes or devices to avoid road damage. NSD and TWI rules do not apply to agricultural tractor tyres.
Maximum safe load for single axle with two or more tyres shall not exceed 10.2 tonnes. Load ratings for tyres not listed in the Table may be notified by CG when such tyres are introduced for CEVs. Until then, provisional ratings declared by CEV manufacturers may be certified by Rule 126 test agency. Maximum axle loading capacities shall be verified based on safe loading capacities of tyres. In cases where the axle load exceeds 10.2 tonnes, vehicle manufacturer shall ask the user to seek the prior permission of the concerned Regional or State Transport Authorities in whose jurisdiction the CEV is expected to ply depending upon the conditions of roads/bridges, where deemed fit. Such construction equipment vehicles whose axle load exceeds 10.2 tonnes shall display permanently on the vehicle a placard indicating ‘NOT FOR PLYING ON ROADS’. These conditions shall be mentioned in the certificate, issued by the testing agencies referred to in Rule 126, where the axle load exceeds 10.2 tonnes
Every tyre manufacturer shall, in addition to any trademark or size of the tyre, also emboss on it the following, namely: –
(i) Week and Year code or month and year code of manufacture; and
(ii) Maximum load carrying capacity.
In the case of Indian manufactured vehicles and imported vehicles (new and 1), the sizes of tyres if included in the International Standards namely, ECE, JATMA, RTO and T & RA besides Bureau of Indian Standards may also be accepted under rule: Provided that the following conditions shall be complied with:- (I) that testing agencies referred to in Rule 126 shall satisfy themselves about the load and speed rating of the tyre with reference to the Indian conditions; (ii) that the test report/certificate issued by the testing agency of the country of origin shall be verified for acceptance by the testing agency referred to in Rule 126; (iii) that for tubeless tyres fitted on imported vehicles confirming to conditions (I) and (ii) shall also be allowed.
Every construction equipment vehicle (CEV) manufactured after commencement of Motor Vehicles (Sixth Amendment) Rules, 2000 must have a braking system that meets performance and stopping-distance requirements in sub-rule (7). Braking system, or one of its systems, must be able to prevent at least two wheels or drums from moving when vehicle is unattended, and may be applied by hand, foot, or automatically when the engine is off.
For CEVs with 4 or more wheels, service brakes must act on at least two wheels. Service brake must stop the vehicle within stopping distance calculated under the prescribed formula, when tested unladen with attachments in carry position at 80% of design max speed, on a dry, level, hard road, with throttle released and (for manual vehicles) top gear and clutch engaged.
For hydrostatic transmission CEVs, the test is done with the gear lever in neutral.
CEVs manufactured on or after 01.04.2021 must meet braking performance requirements of AIS-143:2017 (as amended).
The steering of every CEV must be in good condition with backlash under 30°, ball-joints protected and locks secured; hydrostatic systems must be sealed against dust. The steering system must be designed for effective control and conform to IS 12222:1987 as amended.
(i) CEVs manufactured on or after 1 April 2021 must be designed for effective control under all driving conditions and must achieve a turning circle diameter of 24 m as per IS/ISO 7457:1997. For self-propelled tandem drum and single drum vibratory compactors, turning circle requirements shall be measured as per IS 5500 Part 1 and Part 2 respectively
(ii) Steering effort during normal unladen operation shall not exceed 11.7 kg push/pull for hydrostatic steering systems and 20 kg for manual steering wheel systems, when tested as per clauses 5.1–5.4 of IS 11948:1986.
(iii) CEVs manufactured on or after 1 April 2021 must also meet steering-effort requirements of AIS 144:2018. Where an emergency steering system is provided, additional AIS 144:2018 requirements for such systems must also be met.
All motor vehicles, including construction equipment vehicles and agricultural tractors and combine harvester (excluding motorcycles and three- wheeled invalid carriages), must be capable of moving in reverse under their own power.
Provided that power tillers with a riding attachment and power tillers coupled to trailers shall be capable of moving under its own power in the reverse direction also.
All vehicles with windscreens are fitted with power-operated wipers meeting applicable IS/AIS standards based on vehicle category, mandatory for construction equipment vehicles and harvesters as well. Construction equipment vehicles and combine harvesters must also be fitted with power- operated windscreen wipers.
All vehicles, including Construction equipment, harvesters, shall be equipped with electrical turn indicators that emit amber flashing light within the mandated flash rate (60–120 flashes/min), maintain clear visibility from front and rear, and provide a minimum illuminated area of 60 sq. cm per indicator.
Every vehicle, except motorcycles and construction equipment vehicles with hydrostatic brakes, must have two red electrical stop lamps fitted at the rear one each on the left and right sides. These lamps must illuminate automatically when the service brake is applied, clearly indicating the intention to stop.
All vehicles must ensure indicators are designed so the driver can detect correct operation, and all applicable vehicles are equipped with a hazard- warning feature that flashes all indicators when immobilized.
Direction indicators must be installed in a way that lets the driver clearly know when they’re functioning whether on normal vehicles, construction equipment, or harvesters. In addition, all vehicles (except motorcycles) manufactured after the specified implementation period must have a hazard- warning feature that makes all indicators flash together when the vehicle is immobilized, alerting surrounding road users.
All CEVs shall have two front white reflex reflectors, one on each side, visible to oncoming traffic at night, and two rear red reflex reflectors at each corner, mounted less than 1500 mm high, with no device obstructing their visibility to following vehicles.
Vehicles must have amber side reflectors on both the left and right sides: one near the front and one near the rear (based on the main machine without attachments). If the gap between these two reflectors is more than 3 meters, extra reflectors must be added so no two are spaced more than 3 meters apart. Reflectors are not mandatory on moving implements like crane booms or shovel arms, but they may be added wherever practical. Each reflector must have a minimum reflecting area of 28.5 sq. cm. Vehicles must also have retro-reflective tape or paint at least 20 mm wide across the full width at both the front and rear—white in the front and red at the rear. All reflectors must meet AIS-057 (Rev.1):2010 standards until BIS standards are notified. Reflective tape or paint must meet the requirements of Clauses 801 and 803 of the Ministry of Surface Transport’s Road and Bridge Works Specifications (3rd Revision, 1995).
(a) Every construction equipment vehicle shall carry two rear lamps showing red light visible from 155 m.
(b) Rear lamp or suitable device shall illuminate the entire rear registration mark with white light, making it legible from 15 meters to the rear, and also on the side where required.
(c) All obligatory front headlamps shall be of similar power and positioned to ensure clear front visibility and visibility of the farthest equipment/attachment point to oncoming traffic.
(d) Every unconventional or extraordinary construction equipment vehicle in travel mode shall have a red indicator lamp of at least 1000 sq. cm fitted at the extreme rear-most point.
(e) Each construction equipment vehicle shall have two rear lamps illuminating when in reverse gear and an audible warning system that operates automatically along with the reverse lamps whenever the vehicle is in reverse gear
No head lamp showing a light to the front shall be used on any motor vehicle incl. CEV unless such lamp is so constructed, fitted and maintained that the beam of light emitted therefrom meet the requirements of respective safety standards notified under rules 124 and 124A.
Construction equipment vehicles with front overhangs exceeding 60% of wheelbase must have amber implement lights fixed near the implement’s extreme edge. For implements over 3 meters long, additional amber lamps must be installed every 3 meters along its length.
Provided that in case of rear overhang the additional implement lights shall be in red colour.
Construction equipment vehicles & combine harvester must not display red light in front or non-red light at the rear, except for specific permitted internal or functional lights.
Provided that the provision of this rule shall not apply to:—
(i) the internal lighting of the vehicle;
(ii) the amber light, if displayed by any direction indicator or top light;
(iii) white light illuminating the rear or side registration number plate;
(iv) white light used while reversing;
(v) light provided for illuminating the implement’s working area on the ground in off highway or construction operations
Penalty & Punishment
(1) Manufacturers / Importers / Dealers – Selling or Altering Non-Compliant Vehicles
(2 )Sale of Non-Compliant Critical Safety Components Penalty:
(3) Vehicle Owners – Illegal Alteration / Retrofitting Penalty:
(4) Section 177: General Penalty
(5) Rule 44 –
(6) Section 196. Driving uninsured vehicle
Criminal offence:
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