All about Registration of Motor Vehicles under The Motor Vehicles Act, 1988 By Teresa Dhar

December 21,2018:

The Author, Teresa Dhar, is a 2nd Year, BA.LLB (H) student of Chanakya National Law University. She is currently interning with LatestLaws.com.

INTRODUCTION

The Motor Vehicles Act was passed by the Parliament in 1988 to regulate the motor vehicles on road and all aspects related to the motor vehicles and their owner. It deals with the facets of registration of vehicles, licenses, traffic regulation, offences and penalties, liabilities and insurance. It provides provisions for protection of innocent pedestrians who can be harmed by the vehicles on road (due to negligence of the driver or rash driving, etc.) and also provides provision for compensation that is to be made to the injured party, who are known as ’Third Party’.

Q1. When was the Motor Vehicles Act was passed?

A. The Motor Vehicles Act (hereinafter referred to as The Act) was passed by the Parliament of India in 1988 and it was enforced on 1st July, 1989. It replaced the Motor Vehicles Act of 1939. As of now, the 2017 amendment to the Motor Vehicles Act – which intends to curb the number of road accidents and traffic violation with stricter penalties - is yet to receive the nod of Rajya Sabha.

Q2. Which section/s of The Act deals with registration of the vehicles?

A. From Chapter IV, Sect.39 onwards deals with various aspects of registration of vehicles such as necessity for registering, where and how to register, etc.

Q.3 Is it necessary to get all vehicles registered?

A. According to Sect.39 of Chapter IV, no one can drive nor can the owner of a vehicle permit anyone to drive the vehicle in a public place or in any other place, unless the vehicle is registered in accordance to this chapter and the certificate of registration of the vehicle has not been suspended or cancelled. The vehicle should carry a registration mark displayed in the prescribed manner. However, subjected to conditions, the provisions of this clause will not be applicable to the motor vehicles in possession of vehicle dealers. It needs to be mentioned that Sect.39 corresponds to the Sect.22 of the same Act.

However, 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”) will held liable under Sect.39 read with Sect.192(1) of MV Act and has to pay a fine of up to Rs. 5,000 for first offence but not less than Rs. 2,000. There may be imprisonment of up to one year or up fine to Rs. 10,000 for second or subsequent offence but not less than Rs.5,000 or both.

Q.4 Where and how to get the registration of vehicles done?

A. Sect.40 corresponding to Sect.23 of the Act, establishes that registration must be done by a registering authority in whose jurisdiction the owner of the vehicle has the place of residence or place of business where the vehicle is kept. Registration is done in the Regional Trasport Office (RTO). Certain documents are to be submitted to the RTO such as Form 20, identity proof, No Objection Certificate (NOC) etc., and Sect.44 which corresponds to Sect.26 of the Act, makes it compulsory for the vehicles to be produced for inspection in the office at the time of registration or renewal of certificate of registration.

However, it is the Sect.41 which elaborates on the procedure as to how to get the registration done. It provides for a form to be filled and a certain fee that needs to submitted at the time of registration such as registration fee, hypothecation charges and road tax. The registration particulars of a vehicle are kept in records by the registering authorities, the distinguishing marks and manner in which such marks consisting of letters and figures shall be exhibited in motor vehicle while driving a vehicle without displaying the number plates shall be liable under Rule 50 of CMV Rules r/w S.177 of MV Act calls for Rs. 100 for first offence and Rs. 300 for second or subsequent offence.

The certificate of registration is valid for 15 years and shall be renewable for a period of 5 years.

Q.5 Can a vehicle be temporarily registered?

A. Sect.43 entitles the registering authorities to temporarily register a motor vehicle while the Central Government will give the directions as to the manner in which the certificates will be issued and registration marks are to be exhibited. The marks shall be valid for one month or more, if the registering authority so permits it. In case where there is a hire-purchase, lease or hypothecation agreement, then the certificate must incorporate the name and address of the person with whom the owner has entered into the agreement with. It corresponds to Sect.25 of the Act.

Q6. Can the registering authority refuse to register or renew the certificate of registration of any motor vehicle?

A. By an order, the registering authority may refuse to register or renew the certificate of registration of any motor vehicle if they have a reason to believe that it is a stolen motor vehicle or the vehicle is mechanically defective or fails to comply with the requirements of the Act or of the rules made in the Act, or if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or for renewal of the certificate of registration. In case of such refusal, the registering authority is to provide a copy of such an order, stating the reasons of the refusal. Sect.45 corresponds to Sect.27 of the Act.

Q.7 Where will the certificate of registration be effective in India?

A. As per Sect.46, if a motor vehicle is registered under a registering authority in any State, in accordance to the provisions of this Act, it is not required to be registered anywhere else in India and is effective everywhere throughout in India. This section corresponds to the Sect.28 of the Act.

Q.8 What happens if a motor vehicle with the registration mark of a state is kept in another state?

A. According to Sect.47 which is a corresponding provision to Sect.29, it is required that a motor vehicle registered in one State and kept in another State for a period exceeding 12 months shall have to be assigned a new registration mark in that other State. The State Government is empowered to establish the procedures for applying for the new registration mark, documents to be enclosed with the application, the procedure to be followed by the registering authorities in assigning the new registration mark and ask the owners to furnish any information as required. Plying a vehicle with registration mark of other State for more than 12 months is an offence under Sect.47 r/w Sect. 177 of the MV Act and the offender has to pay Rs. 100 for first offence and Rs. 300 for second or subsequent offence.

Q9. What is a NOC?

A. A No Objection Certificate (NOC) is a legal document issued from the regional RTO for re-registration of a vehicle from one state to another. A NOC is an essential document that certifies that there are no dues of tax on the vehicle. Sect.48 which corresponds to Sect.29-A of the Act, prescribes that a NOC shall be produced along with an application for assignment of new registration mark or transfer of ownership. It lays down the procedure to make application for NOC to the registering authority, the procedure to be followed by the registering authority in issuing the NOC and in case of refusal in granting the NOC reasons to be given in writing by the registering authority.

Q10. What happens if the owner changes place of residence or place of business?

A. Sect.49 corresponds to Sect.30 of the Act. It requires that the owner of a motor vehicle shall, within 30 days, report the change of his address to the registering authority in whose jurisdiction he has shifted his residence for recording the change of address in the certificate of registration. Failure to do so will entail in prosecution. It also provides that in lieu of prosecution, if the owner of the motor vehicle pays a prescribed amount for fine, no prosecution will be launched. It also provides that if the temporary absence does not exceed 6 months, there is no need to report the change. Failure to intimate change of residence or place of business by owner of a vehicle within time prescribed calls for Sect. 49 r/w Sect.177 of the MV Act where the offender has to pay Rs. 100 for first offence and Rs. 300 for second or subsequent offence (however, the State Government may prescribe different amounts having regard to period of delay).

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