Team-BHP - Let's know the law (Motor Vehicles Act)
Team-BHP

Team-BHP (https://www.team-bhp.com/forum/)
-   The Indian Car Scene (https://www.team-bhp.com/forum/indian-car-scene/)
-   -   Let's know the law (Motor Vehicles Act) (https://www.team-bhp.com/forum/indian-car-scene/7985-lets-know-law-motor-vehicles-act-8.html)

Why bother with the rules anyway? Just use commonsense...

This was an email forward (edited to suit this forum of course) that I had made some time back.

Spread the word- it could make a difference



I live in Delhi and work in Noida. What I do NOT get is this- the Delhi Government has been nice enough to give you roads that the best of the world could match and the rest could only wish for. Why in the world must you ruin my driving pleasure for your lack of road sense?

With that, allow me to refresh your memory with some driving basics:

1. Its a road- not a runway. Just because your car speedometer shows the number 180 does not mean that your car can actually do 180 kmph- and certainly not on public roads, even if it is the Taj Expressway. If you do need to show off your driving skills, do try the bouncing cars at the amusement park.

2. There's reason why there are white lines and yellow lines on the road. Get this- yellow lines cannot be crossed- dont ask me why, I dunno. But maybe it has something to do with obstructing traffic coming from the other side?

3. About the white lines on the road again- while you could take them for marks on a runway (refer #1), I dont think that was the idea. Its called a lane- a space between two strips of white lines in which a vehicle may drive. STAY IN IT! If you have two lanes it means that you leave the left one alone- for the people turning left. If there are three, it means that you WILL use the ONLY the right lane to turn right- not the middle and certainly not the left. Completely unnacceptable!

4. Lights- look at those colours- green, red, yellow. Red means stop. Period. Red does not mean "Let's see if I can make it to the other end of the crossing without getting hit". Red also does not mean you get to honk while the guy in front of you knows what red means. And no, jumping a red light doesnt prove that yours is bigger, it just proves that you have a smaller brain (again refer to # 1 above)

5. Zebra crossings- again, they're there for a reason. Its for pedestrians (read, lesser mortals, for you) to cross the road. Yes I know they dont pay road tax and we do, but give them a break, they do need to cross the road at times. DONT stop on the crossing- giving yourself an advantage of a few meters will not result in you getting home earlier. Trust me.

6. SUV's (especially you Innova and Tavera types)- yes yes, we know. We understand that what you lack in your head you will make up for in your car. I'm sure you could probably run me down in my dinky lil Alto, but dont, seriously. Throwing your weight around does not make you a better driver. It does however, make our lives a little less important. There's a reason the mammoths died out- go figure/

7. Slow moving vehicles- autos, trucks, buses, rickshaws and cycles- this goes for you. GET OFF THE MIDDLE OF THE ROAD!!! Its bad enough to negotiate the huge SUVs (refer # 1 and # 6 above), I really cant take care of you as well. Trust me, I do not want to be going at 20 when I can actually do a 50 or even a 60 (!), especially on an incline. Get off the middle, take the left lane. Leave the faster lanes to people who can actually drive at the speed limit.

8. Overtaking- do you know how irritating it is to have someone slalom you from the left? You're completely blindsided and therefore slow down, reducing the overall speed of traffic. Dont do that. If you think I'm going too slow, check the speed limit first. Even so, blink your lights, or even honk (am not too averse to that) and I will get out of your way, I will move to the left.

9. Indicator- yup, you could use them on occasion. On occasions like when turning, or even when changing lanes. I wish I could read your mind, but I cant. However, putting on your indicators would help- trust me.

10. And finally, for people who walk- I'm sure you love walking. In fact, I love it too. However, I'd love it even more if you could just GET OFF THE ROAD!!! I pay Road Tax- a lot of it- every 3 years. You dont. I pay for the asphalt and the cement. You dont. Did you look over to the left? Oh look... there's a raised strip just for you! Thats right, just for you! And its called a footpath... woah!!! I mean, do you get to walk over there? Yes of course you do... that's why its called a foot- path? Now isnt that nice. Right, so will you please get yourself off the road that I pay for and get over to the footpath which again, you dont pay for (well actually we all do pay for it).

Yours
A relatively new addition to Delhi

@arjyamaj: :OT You have a way with words. I could read the humour in the lines as well..:) Especially the last para on the foot-path..

Quote:

Originally Posted by arjyamaj (Post 891426)
Why bother with the rules anyway? Just use commonsense...

Yours
A relatively new addition to Delhi


Arjyamaj, good one. Very true and presented very humorously!

Hi, some opinion required regarding :

Section 49: The change of address recorded in the Registration Certificate shall be reported within 30 days of any such change.


:Frustrati

Transferee(buyer of a vehicle) : Resident of Delhi

Transferor (seller of vehicle) : Resident of South India

Vehicle : Pre 2000 (not Euro 2 complient or meeting the emission laws of Delhi now )

Summary: Purchased the vehicle 2 years back and brought the vehicle to Delhi for registering, after getting the required usual endoresements like NOC , Police verification, entry in the Registration Certificate for the Change of Address and transfer to Delhi, etc. These documented in the RC book as well.

Problem 1 : The Delhi RTO refuses to register the vehicle citing above reasons. The vehicle cannot be driven back South or sold back due to personal reasons. Now the vehicle used personally in Delhi for the last 2 year.


Problem 2 : The buyer of the vehicle have documents of Delhi residence only.


Issue 1 : Where to get the vehicle registered on buyers name and Delhi Address only.
Issue 2 : What is the legal status of the vehicle after getting NOC (is it still registered in South now or not )
Issue 3 : What needs to be done in these type of cases of vehicle transfers which have been entered in the original RC books and which do not get mature due to various limitations.

Main Issue ; What is the fine/penalties/provisions :deadhorse


Plz help!!please:

Quote:

Originally Posted by chnrahul (Post 893162)
Section 49: The change of address recorded in the Registration Certificate shall be reported within 30 days of any such change.

That deals with change of address - not transfer of ownership. You should be looking at Section 50 for transfer of ownership.

Translated from Legalese > English the relevant provisions relating to change of ownership read:-

"the buyer of vehicle shall apply for getting the vehicle's owner's particulars changed to the RTO where the vehicle has to be registered".

Quote:

Vehicle : Pre 2000 (not Euro 2 complient or meeting the emission laws of Delhi now )
Is the problem. I suspect that Supreme Court judgments on the issue exist. Else, regulations about "new registration" would not apply to simple change of registration. New registration is not same as "change of registered owner".

Quote:

Summary: Purchased the vehicle 2 years back and brought the vehicle to Delhi for registering, after getting the required usual endoresements like NOC , Police verification, entry in the Registration Certificate for the Change of Address and transfer to Delhi, etc. These documented in the RC book as well.

Problem 1 : The Delhi RTO refuses to register the vehicle citing above reasons. The vehicle cannot be driven back South or sold back due to personal reasons. Now the vehicle used personally in Delhi for the last 2 year.
I presume by "above reason" you mean the emission norms?

Have you made the application within the prescribed time?

Your job over. Period. Re-read section 50. Your job is to intimatechange of ownership to the registering authority. You have done that.

Keep proof of making the application for change of ownership with you. If they did not give you proof of receiving application (acknowledgement), submit an application under the right to information act, seeking information on why the transfer of ownership is not carried out.

Quote:

Problem 2 : The buyer of the vehicle have documents of Delhi residence only.
Not a problem - this is to be expected only. You cannot be resident of Delhi and Pattikadu at the same time. (eg - You cannot hold ration cards in both places; you cannot vote at both places, etc.)

Quote:

Issue 2 : What is the legal status of the vehicle after getting NOC (is it still registered in South now or not )
Issue 3 : What needs to be done in these type of cases of vehicle transfers which have been entered in the original RC books and which do not get mature due to various limitations.
See above.

Simply because an NOC has been issued, the vehicle's registration details cannot be removed from the register.

Since your obligation is only to "report" the transfer, you cannot be penalised for non-registration - registration is something to be done by the registering authotiries.

Only problem you may face is insurance in case of claims/accidents. The solution is to get a third party only insurance policy for the vehicle in name of the buyer. It should cost you around Rs. 500/- per year in case of vehicles below 1000CC and around 800 for vehicles above 1000CC.

Can any one post the section in which the right of way is defined?

In India is the "Right of way" defined in the Motor Vehicle Act or in the law at all.

If possible also do provide an online link for reference.

Laws - Motor Vehicles Act, 1988

This link was already posted in this forum. Also, the site - Vakilno1.com - India Law, Online Legal Advice, Legal Documents, Legal News has all the bare laws, judgements etc, including sample questions and online assistance.

Quote:

Originally Posted by kkr2k2 (Post 984792)
Can any one post the section in which the right of way is defined?

In India is the "Right of way" defined in the Motor Vehicle Act or in the law at all.

If possible also do provide an online link for reference.

Quote:

Originally Posted by simplyself (Post 984838)
Laws - Motor Vehicles Act, 1988

This link was already posted in this forum. Also, the site - Vakilno1.com - India Law, Online Legal Advice, Legal Documents, Legal News has all the bare laws, judgements etc, including sample questions and online assistance.

oops my bad I forgot to mention "right of way" with respect to vehicles.

And I did try that link already as it was mentioned in this thread earlier. But I didnt find the "definition" of "right of way"

"Right of way" is deined in #11, Rules of the Road Regulations. It is available as a pdf attachment to the "Innova meets buffalo" thread here.

Can someone throw light on what does law say about 'more number of people than specified occupying a four wheeler?
Also, fitting an extra seat or two amounts to 'altering the structure...' and obviously not legal but what is the punishment and how strictly this is implemented?

There is no rule of law in India. Only, survival of the fittest, either buck or brawn. And, nothing is ever going to change. I don't want to sound like i'm preaching. This is just my observation.What is the point of enacting laws if no one enforces nor follows them?.

Quote:

Originally Posted by Guna (Post 985297)
Can someone throw light on what does law say about 'more number of people than specified occupying a four wheeler?

Have a look at

http://www.dorth.gov.in/index2.asp?l...&sublinkid=120

What is to be referred is Chapter VII, "Construction, equipment and maintenance of vehicles". BOTH state and central governments will make rules in this regard.

So, carrying excess passengers will be punished under Section 177 - read it here - http://www.dorth.gov.in/writereaddat...3154897860.pdf



Quote:

Also, fitting an extra seat or two amounts to 'altering the structure...' and obviously not legal but what is the punishment and how strictly this is implemented?
Same as above. Punishment is under Section 182A. http://www.dorth.gov.in/writereaddat...9194143511.pdf

Additionally, if the mods violate any provision of the MV act, punishment is under http://www.dorth.gov.in/writereaddat...4271645155.pdf

Since the rules regulating structure of t he vehicle specify recording length, breadth height, and weight of the vehicle in the registration records, you SHOULD intimate any modifications on that account to the RTO. (Changes in height can be easily explained away - over/under inflated tyres; more / less thread on the tyre bla... bla..., what is more important is alterations which involve changes in the other dimensions AND also colour.

Additionally, the rules also specify stability - the vehicle should remain stable with maximum permissible payload (GROSS vehicle laden weight), when it is tilted up to certain inclinations, both on transverse and sideways. So, mods altering these parameters should not be done.

Hi all,

I recently bought the old 800(25yrs) from delhi, and brought it to Bangalore where i stay.
I paid the road tax(life time).Now my querry is that i want to keep the old number(DDV 1234) with a Bangalore registration. Is that possible/allowed?If so what is the procedure?
The reason why i want to keep the old number is that it kind of suits the old cars age:D
(I read this whole thread could not find the relavent article)
Thanks:)

Quote:

Originally Posted by adishell (Post 1317255)
I paid the road tax(life time).Now my querry is that i want to keep the old number(DDV 1234) with a Bangalore registration. Is that possible/allowed?If so what is the procedure?


Every time a vehicle is re-registered (whether in same state - due to old age - or in a different state due to transfer of ownership / change is residence of owner) it gets a new registration number.

Quote:

Originally Posted by BaCkSeAtDrIVeR (Post 1317289)
Every time a vehicle is re-registered (whether in same state - due to old age - or in a different state due to transfer of ownership / change is residence of owner) it gets a new registration number.

I'd agree. Under the provisions of Section 49 of the MV Act, you need to apply within 30 days of the change of residence.


All times are GMT +5.5. The time now is 15:05.