M.V. ACT OFFENCES PENALTIES

OFFENCES AND PUNISHMENT/FINE UNDER THE MOTOR VEHICLES ACT, 1988 & THE CENTRAL MOTOR VEHICLES RULES, 1989- AT A GLANCE

Sl. Description of offence No.

1. Driving without holding an effective driving licence

2. Driving by an under-aged person (Minor driving vehicle)

3. Owner or person in-charge of a vehicle permitting an

Section/Rule

the unlicensed person or an under-aged person to drive it

(Parents/guardians/ friends permitting minor to drive vehicle) 4. Holding of a driving licence permitting it to be used by other

S. 6(2)r/wS. 177 of MV.Act S. 23r/wS. 182(1) of MV.Act

Rs. 100 for first offence 3 month or Rs. 500

person.
5. (i) Disqualified person driving a vehicle or (ii) applying for or

obtaining a driving licence or (iii) seeking a licence without disclosing endorsements made on driving licence preciously held

6. (i) Disqualified conductor acting as conductor or (ii) applying for or obtaining a conductors licence or (iii) seeking a licence without disclosing endorsements made on licence previously held.

S. 36r/wS. 182 of MV.Act

One month or Rs. 100 or both

7. Running driving school without a licence

R. 24 C.MV. Rules r/w S. 177 of MV Act

Rs. 100 for first offence
Rs. 300 for second or subsequent offence
Rs.400 for first offence
Rs. 1,000 for second or subsequent offence
Rs. 300 for first offence
Rs. 500 for second or subsequent offence
Minimum Rs. 2,000 and additional Rs. 1,000 per ton of excess load together with charges for off- loading the excess load

8. Driving a vehicle at an excessive speed

S. 112r / wS. 183(1) of MV.Act S. 112r / wS. 183(2) of MV.Act

9. Any person permitting his employee or a person subject to his control to drive a vehicle at an excessive speed

10. Driving or permitting to drive a vehicle carrying excess load

Ss. 113(3), 114,115 r/w S.194(1) of MV Act

S.3r/wS. 181 of MV Act S.4r/wS. 181 of MV Act S.5r/wS. 180 of MV Act

3months or Rs. 500 or both 3months or Rs. 500 or both 3months or Rs. 1000 or both

110 Maximum of punishment Term of

Imprisonment/Fine

Sl. Description of offence
No.
11. Driver refusing to stop and submit his vehicle to weighing or

Section/Rule

Maximum of punishment Term of Imprisonment/Fine

removing the load prior to weighing
12. Any person driving or permitting to drive and vehicle with a

S. 120 r/w S.177 of MV S. 184/S.188 of MV Act

Act

Rs. 100 for first offence
Rs. 300 for second or subsequent offence
6 months or Rs. 1,000 for first offence or both
2 years or Rs.2,000 for second or subsequent offence within 3 years of previous commission or both
6 months or Rs. 2,000 for first offence or both
2 years or Rs.3,000 for second or subsequent offence within 3 years of previous commission or both

left-hand steering control unless equipped with a device of a

prescribed nature
13. Driving dangerously / its Abetment

14. Driving by a drunken person or by a person under influence or drugs / its Abetment

S. 185/S.188 of MV Act

15. Driving when mentally or physically unfit to drive / its Abetment

S. 186/S.188 of MV Act

Rs. 200 for first offence
Rs. 500 for second or subsequent offence
3 months or Rs. 1,000 or both Rs. 100 for first offence
Rs. 300 for second or subsequent offence
Rs. 100 for first offence
Rs. 300 for second or subsequent offence
Rs. 2,000

16. Driving an uninsured vehicle

17. Driver’s failure to obey traffic sign (Red light jumping,

S. 146 r/w S.196 of MV S. 119 r/w S.177 of MV

Act Act

violation of yellow line, changing lane without indication, etc.) 18. Driver’s failure to obeyscribed signals on prescribed occasions

S. 121 r/w S.177 of MV S. 115 r/w S.194 of MV

Act Act

19. Violation of restriction of time on HTVs on specified roads/ areas

S. 114 r/w S.194(2) of MV Act

Rs. 3,000

111

Sl. Description of offence
No.
20. Driver allowing any person to obstruct his control of the

Section/Rule

Maximum of punishment Term of Imprisonment/Fine

vehicle (Sitting at a place so as to hamper driving etc.)

for first offence
for second or subsequent

21. Driver of a two-wheeler / motor cycle carrying more than one person in addition to himself (Triple riding)

for first offence
for second or subsequent

22. Driver and pillion rider failing to wear protective head gear (Helmet)

for first offence
for second or subsequent

23. Any person in-charge of a vehicle or a trailer abandoning or permitting to abandon, etc., in a public place (iproper and obstructive parking)

for first offence
for second or subsequent (owner shall also be liable

24. Any person in-charge of a vehicle carrying or permitting to carry any person on the running board, etc.

S. 123(1) r/w S.177 of MV Act

Rs. 100 Rs. 300 offence Rs. 100 Rs. 300 offence Rs. 100 Rs. 300 offence Rs. 100 Rs. 300 offence Rs. 100 Rs. 300 offence

for first offence
for second or subsequent

25. Any person in-charge of a vehicle keeping or permitting to keep a vehicle stationary without the required precautions

S. 126 r/w S.177 of MV Act

for first offence
for second or subsequent

26. Failure to take precautions at unguarded Railway level crossing

S. 131 r/w S.177 of MV Act

for first offence
for second or subsequent

27. Failure of driver to stop in certain cases

28. Using mobile phone while driving a vehicle

S. 132 r/w S.177 of MV Act

for first offence
for second or subsequent

S. 125 r/w S.177 of MV Act
S. 128(1) r/w S.177 of MV Act S. 129 r/w S.177 of MV Act
S. 122, 127 r/w S.177 of MV Act

Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
for towing costs)

R.21(25) of C.MV. Rules r/w S.177 of MV Act

for first offence
for second or subsequent

112

Sl. Description of offence
No.
29. Carrying persons in excess of seating capacity in goods

Section/Rule

113 Maximum of punishment Term of

carriage
30. Demanding excess fare by Auto rickshaw / Taxi

R.21(10) of CMV Rules r/w S.177 of MV Act

for first offence
for second or subsequent

31. Driving motor vehicle without number plates (Not displaying number plate)

R. 50 of CMV Rules r/w S.177 of MV Act

for first offence
for second or subsequent

32. Carrying of explosive and highly inflammable substance in transport vehicle

S.177ofMVAct
S. 123(2) r/w S.177 of MV Act

for first offence
for second or subsequent

33. Any person traveling on the running board or on the top or on the bonnet of a motor vehicle

for first offence
for second or subsequent

34. Any person keeping a disabled vehicle in any public place so as to cause impediment to the free flow of traffic

S.201ofMVAct
S. 49 r/w S.177 of MV Act

35. Failure to intimate change of residence or place of business by owner of a vehicle within time prescribed

Rs. 100 for first offence
Rs. 300 for second or subsequent offence(However, State Government may prescribe different amounts having regard to period of delay)
Rs. 100 for first offence
Rs. 300 for second or subsequent offence (However, State Government may prescribe different amounts having regard to period of delay)

36. Failure to report to Registering Authority fact of transfer of vehicle within time prescribed

S. 50 r/w S.177 of MV Act

R.21(23) of CMV Rules r/w S.177 of MV Act

for first offence
for second or subsequent

Imprisonment/Fine

Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 50 per hour besides towing charges

Sl. Description of offence
No.
37. Unauthorised alteration in vehicle (Including those facilitating

Section/Rule

Maximum of punishment Term of Imprisonment/Fine

its operation by a different type of fuel)

38. Driver, in a public place, failing to produce his licence, on demand, to any police officer in uniform

S. 130(1) r/w S.177 of MV Act S. 130(2) r/w S.177 of MV Act S. 130(3) r/w S.177 of MV Act

for first offence
for second or subsequent

39. Conductor, in any public place, failing to produce his licence, on demand, by any officer of the Motor Vehicles Department

for first offence
for second or subsequent

40. Owner or driver or person in-charge or a motor vehicle, on demand by a registering authority, or any other officer or the Motor Vehicles Department failing to produce (i) the certificate of insurance of the vehicle; and where the vehicle is a transport vehicle (ii) certificate of fitness, and (iii) permit

for first offence
for second or subsequent

41. Any person driving a motor vehicle in any public place, on demand by a police officer in uniform or officers of Motor V ehicles Department, failing to produce

S. 158 r/w S.177 of MV Act

Rs. 100 Rs. 300 offence

for first offence
for second or subsequent

(a) the certificate of insurance;
(b) the certificate of registration;
(c) the driving licence; and in case of a transport vehicle (d) certificate of fitness, and
(e) the permit

42. When the driver or conductor of a motor vehicle is accused of any offence under the MV Act, the owner of such vehicle failing, on demand, by a police officer authorized to give information regarding the name and address of and the licence held by the driver or conductor

S. 133 r/w S.187 of MV Act

3 months or Rs.500 for the first offence or both
6 months or Rs. 1,000 for subsequent offence or both

S. 52 r/w S.191 of MV Act

Rs. 100 for first offence
Rs. 300 for second or subsequent offence (However, State Government may prescribe different amounts having regard to period of delay)
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence
Rs. 100
Rs. 300
offence

114

Sl. Description of offence
No.
43. When any person is injured or any property of a third party is

Section/Rule

Maximum of punishment Term of Imprisonment/Fine

damaged in a motor vehicle accident, the driver or person in- charge of the vehicle:

(a) not providing medical aid to the victim of the accident.

(b) Not giving the information regarding accident, etc., on demand by a police officer or at the nearest police station

(c) Not giving the information regarding accident to the insurer

44. Any person driving or owner permitting to drive vehicle without effective registration or displaying false registration marks in any public or in any other place (Using “unregistered vehicle” or displaying “Applied For” )

S. 39(1) r/w S.192(1) of MV Act

Upto Rs. 5,000 for first offence but not less than Rs. 2,000
One year or upto Rs. 10,000 for second or subsequent offence but not less than Rs.5,000 or both

45. Plying a vehicle with registration mark of other State for more than 12 months

S.47r/wS.177ofMV Act
S. 66(1) r/w S.192-A of MV Act

Rs. 100 for first offence
Rs. 300 for second or subsequent offence
Upto Rs. 5,000 for first offence but not less than Rs. 2,000
Upto one year but not being less than 3 months, upto Rs.10,000 for second or subsequent offence but not less than Rs.5,000
Rs.1,000 for first offence
Rs. 5,000 for second or subsequent offence
Rs. 250 for first offence. Imprisonment of three month or fine upto Rs. 1000 for 2nd offence.

46. Any person driving or permitting to drive a vehicle without the necessary permit for the route or area in which or for the purpose for which it is being used

47. Any manufacturer using sub-standard articles or process

S. 109(3 ) r /w S.182-A of MV Act

48. Any person driving or permitting to drive in any public place a defective motor vehicle or trailer, if such defect results in an accident causing bodily injury or damage to property

S. 190(1) of MV Act

S. 134 r/w S.187 of MV Act

3 months or Rs.500 for the first offence or both
6 months or Rs. 1,000 for subsequent offence or both

115

Sl. Description of offence
No.
49. Any person driving or permitting to drive in any public place

Section/Rule

116 Maximum of punishment Term of

any motor vehicle which violates the standards prescribed in relation to road safety, control of noise and air pollution. (Using vehicle with defective or without silencer, etc.)

50. Any person driving or permitting to drive in any public place a motor vehicle which violates the provisions of MV Act or Rules relating to dangerous or hazardous goods

S. 190(3) of MV Act

One year or Rs. 3,000 for first offence or both
3 years or Rs. 5,000 for second or subsequent offence or both Rs.500

51. Any importer or dealer selling, delivering or offering to sell or deliver a motor vehicle or trailer in such a condition or altered condition that its use in a public place would contravene Chapter VII of MV Act

S. 191 of MV Act

52. Any person traveling in a stage carriage without ticket or pass, or not producing ticket or pass on requisition

S. 124 r/w S. 178(1) of MV Act S. 178(2) of MV Act

Rs.500 Rs.500

53. Conductor of a stage carriage willfully or negligently failing to accept fare or issue ticket or supplied a ticket of a lesser value or Check in Inspector willfully or negligently failing or refusing to check pass or ticket

54. Permit holder of contract carriage refusing to ply or to carry passengers:

S. 178(3) of MV Act

(a) in the case of two-wheelers or three-wheelers

Rs.50 Rs.200

(b) in the case of others
55. Any person disobeying directions given by any person or

S. 179(1) of MV Act

Rs.500

authority empowered, or obstruction any person or authority in

the discharge of his functions under the MV Act
56. Any passenger withholding the required information or giving

S. 179(2) of MV Act S. 189 of MV Act

One month or Rs. 500 or both One month or Rs. 500 or both

false information
57. Racing and trials of speed

S. 190(2) of MV Act

Rs.1,000 for first offence
Rs. 2,000 for second or subsequent offence

Imprisonment/Fine

Sl. No. 58.

Description of offence

Section/Rule

117 Maximum of punishment Term of

59. 60.

Taking vehicle without authority Unauthorized interference with vehicle

S. 197 of MV Act S. 198 of MV Act

Any person engaging himself as an agent or canvasser in contravention of S. 93 or Rules made there under

S. 93 r/w S. 193 of MV Act

Rs. 1,000 for first offence
6 months or Rs.2,000 for second or subsequent offence or both
3 months or Rs. 500 or both
Rs. 100

Imprisonment/Fine