Appointment of Motor Vehicles Officers and Powers to Stop & Check The Vehicle (Regulatory Measures)
Section 213 of Motor Vehicles Act, 1988



(1) The State Government may, for the purpose of carrying into effect the provisions of this Act, establish a Motor Vehicles Department and appoint as officers thereof such persons as thinks fit.


(2) Every such officer shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860).


(3) The State Government may make rules to regulate the discharge officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate, the duties to be performed by them, the powers (including the powers exercisable by police officers under this Act) to be exercised by them, and the conditions governing the exercising of such powers.


(4) The Central Government may, having regard to the objects of the Act, by notification in the official Gazette, prescribe the minimum qualifications which the said officers or any class thereof shall possess for being appointed as such.


(5) In addition to the powers that may be conferred on any officer of the Motor Vehicles Department under sub-section(3), such officer may be empowered by the State Government in this behalf shall also have power to,-


           a) make such examination and inquiry as he thinks fit in order to ascertain whether the provisions of this Act and the rules            made thereunder are being observed;


           b) with such assistance, if any, as he thinks fit, enter inspect and search any premises which is in the occupation of a            person who, he has reason to believe, has committed an offence under this Act or in which a motor vehicle in respect of            which such offence has been committed it kept: Provided that, -

                      (i) any such search without a warrant shall be made only by an officer of the rank of a Gazetted officer;

                      (ii) where the offence is punishable with fine only the search shall not be made after sunset and before sunrise;

                      (iii) where the search is made without a warrant, the Gazetted Officer concerned shall record in writing the grounds for                       not obtaining a warrant and report to his immediate superior that such search has been made;


           c) examine any person and require the production of any register or other document maintained in pursuance of this Act, and            take on the spot or otherwise statements of any person which he may consider necessary for carrying out the purposes of            this Act;


           d) seize or take copies of any registers or documents or portions thereof as he may consider relevant in respect of an            offence under this Act which he has reason to believe has been committed;


           e) launch prosecutions in respect of any offence under this Act and to take a bond for ensuring the attendance of the            offender before any Court;


           f) exercise such other powers as may be prescribed:


Provided that no person shall be compelled under this sub-section to answer any question or make any statement tending to incriminate himself.



Rule 259 of Karnataka Motor Vehicles Rules, 1989 - Powers of Superior -

(1) Notwithstanding anything contained in these Rules, any superior officer of the Motor Vehicles Department, may at any time perform any functions of the officer subordinate to him under these Rules.

(2) Any officer of the Motor Vehicles Department of and above the rank of Inspector of Motor Vehicles Department of and above the rank of Inspector of Motor Vehicles shall exercise the powers under the provisions of Section 114, 130, 132, 133, 134, 136, 158, 200, 203, 204, 205, 206 and 207 of the Act.



Section 114 of M.V. Act, 1988 - Powers to have vehicle weighed -

(1) (Any officer of the Motor Vehicle Department authorized in this behalf by the State Government shall, if he has reason to believe that a goods vehicle or trailer is being used in contravention of Section 113), require the driver to convey the vehicle to a weighing device, if any, within a distance of ten kms. from any point on the forward route or within a distance of 20 kms. from the destination of the vehicle for weighment; and if on such weighment the vehicle is found to contravene in any respect the provisions of Section 113 regarding weight, he may, by order in writing, direct the driver to off-load the excess weight at his own risk and not to remove the vehicle or trailer from that place until the laden weight has been reduced or the vehicle or trailer has otherwise been dealt with so that it complies with Section 113 and on receipt of such notice, the driver shall comply with such directions.


(2) Where the person authorized under sub-section (1) makes the said order in writing, he shall also endorse the relevant details of the overloading on the goods carriage permit and also intimate the fact of such endorsement to the authority which issued that permit.



Section 130 of MV Act, 1988 - Duty to produce license and certificate of registration

(1) The driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination: Provided that the driver may, if his licence has been submitted to, or has been seized by, any officer or authority under this or any other Act, produce in lieu of the licence a receipt or other acknowledgement issued by such officer or authority in respect thereof and thereafter produce the licence within such period, in such manner as the Central Government may prescribe to the Police officer making the demand.

(2) The conductor, if any, of a motor vehicle on any public place shall on demand by any officer of the Motor Vehicles Department authorized in this behalf, produce the licence for examination.

(3) The owner of a motor vehicle (other than a vehicle registered under Section 60, or in his absence the driver or other person-in-charge of the vehicle, shall, on demand by a registering authority or any other officer of the Motor Vehicles Department duly authorized in this behalf, produce the certificate of insurance of the vehicle and, where the vehicle is a transport vehicle, also the certificate of fitness referred to in Section 56 and the permit; and if any or all of the certificates or the permit are not in his possession, he shall, within 15 days from the date of demand, submit photo copies of the same, duly attested in person or send the same by registered post to the officer who demanded it.


Section 132 of MV Act, 1988 - Duty of driver to stop in certain cases.

(1) The driver of a motor vehicle shall cause the vehicle to stop and remain stationary so long as (may for such reasonable time as may be necessary, but not exceeding 24 hours)

        a) when required to do so by any police officer not below the rank of a Sub- Inspector in uniform, in the event of the vehicle         being involved in the occurrence of an accident to a person, animal or vehicle or of damage to property, or;

        b) when required to do so by any person-in-charge of an animal if such person apprehends that the animal is, or being         alarmed by the vehicle will become, unmanageable, or
        and he shall give his name and address and the name and address of the owner of the vehicle to any person affected by any         such accident or damage who demands it provides such person also furnishes his name and address.

(2) The driver of a motor vehicle shall, on demand by a person giving its own name and address and alleging that the driver has committed an offence punishable under Section 184 give his name and address to that person.

(3) In this section, the expression “animal” means any horse, cattle, elephant, camel, ass, mule, sheep or goat.



Section 133 of MV Act, 1988 - Duty of owner of motor vehicle to give information.

The owner of a motor vehicle, the driver or conductor of which is accused of any offence under this Act shall, on the demand of any police officer authorized in this behalf by the State Government, give all information regarding the name and address of, and the licence held by the driver or conductor, which is in his possession or could by reasonable diligence be ascertained by him.

Section 134 of MV Act, 1988 - Duty of driver in case of accident and injury to a person.

When any person is injured or any property of a 3rd party is damaged, as a result of an accident in which a motor vehicle is involved, the driver of the vehicle or other person-in-charge of the vehicle shall-

a) unless it is not practicable to do so on account of mob fury or any other reason beyond his control, take all reasonable steps to secure medical attention for the injured person by conveying him to the nearest medical practitioner or hospital, and it shall be the duty of every registered medical practitioner or the doctor on duty in the hospital immediately to attend to the injured person and render medical aid or treatment without waiting for any procedural formalities, unless the injured person or his guardian, in case he is a minor, desires otherwise;

b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure the medical attention as required under clause (a), at the nearest police station as soon as possible and in any case within 24 hours of the occurrence.

c) give the following information in writing to the insurer, who has issued the certificates of insurance, about the occurrence of the accident, namely:-

        (i) insurance policy number & period of its validity;

        (ii) date, time and place of accident;

        (iii) particulars of the persons injured or killed in the accident;

        (iv) name of the driver and the particulars of his driving licence.

For the purposes of this section, the expression “driver” includes the owner of the vehicle.



Section 136 of MV Act, 1988 - Inspection of vehicle involved in accident.

When any accident occurs in which a motor vehicle is involved, any person authorized in this behalf by the State Government may, on production if so required of his authority, inspect the vehicle and for that purpose may enter at any reasonable time any premises where the vehicle may be, and may remove the vehicle for examination:

Provided that the place to which the vehicle is so removed shall be intimated to the owner of the vehicle and the vehicle shall be returned after completion of the formalities to the owner, driver or person-in-charge of the vehicle within 24 hours.



Section 158 of MV Act, 1988 - Production of certain certificates, licence and permit in certain cases.

(1) Any person driving a motor vehicle in any public place shall, on being so required by a police officer in uniform authorized in this behalf by the State Government, produce-

        (a) the certificate of insurance;

        (b) the certificate of registration;

        (c) the driving licence; and

        (d) in the case of a transport vehicle, also the certificate of fitness referred to in Section 56 and the permit, relating to the use of         the vehicle.

(2) If, where owing to the presence of motor vehicle in a public place an accident occurs involving death or bodily injury to another person, the driver of the vehicle does not at the time produce the certificates, driving licence and permit referred to in sub-section (1) to a police officer, he shall produce the said certificates, licence and permit at the police station at which he makes the report required by Section 134.

(3) No person shall be liable to conviction under sub-section (1) or sub-section (2) by reason only of the failure to produce the certificate of insurance if, within 7 days from the date on which its production was required under sub-section (1), or as the case may be, from the date of occurrence of the accident, he produces the certificate at such police station as may have been specified by him to the police officer who required its production or, as the case may be, to the police officer at the site of the accident or to the officer-in-charge of the police station at which he reported the accident:

Provided that except to such extent and with such modifications as may be prescribed, the provisions of this sub-section shall not apply to the driver of a transport vehicle.

(4) The owner of a motor vehicle shall give such information as he may be required by or on behalf of a police officer empowered in this behalf by the State Government to give for the purpose of determining whether the vehicle was or was not being driven in contravention of Section 146 and on any occasion when the driver was required under this section to produce his certificate of insurance.

(5) In this Section, the expression “produce his certificate of insurance” means produce for examination the relevant certificate of insurance or such other evidence as may be prescribed that the vehicle was not being driven in contravention of section 146.

(6) As soon as any information regarding any accident involving death or bodily injury to any person is recorded or report under this Section is completed by a police officer, the officer-in-charge of the police station shall forward a copy of the same within 30 days from the date of recording of information, or as the case may be, on completion of such report to the Claims Tribunal having jurisdiction and a copy thereof to the concerned insurer, and where a copy is made available to the owner, he shall also within 30 days of receipt of such report, forward the same to such Claims Tribunal and Insurer.

Section 200 of MV Act, 1988 - Composition of certain Offences –

(1) Any offence whether committed before or after the commencement of this Act punishable under Section 177, Section 178, Section 179, Section 180, Section 181, Section 182, sub-section (1) or sub-section (2) of Section 183, Section 184, Section 186 (Section 189, sub-section (2) of Section 190, Section 191, Section 192, Section194, Section 196 or Section 198 may be either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf.

(2) Where an offence has been compounded under sub-section (1) the offender, if in custody, shall be discharged and no further proceeding shall be taken against him in respect of such offence.



Section 203 of MV Act, 1988 - Breath tests.

A Police Officer in uniform or an officer of the Motor Vehicle Department, as may be authorized in this behalf by that Department, may require any person driving or attempting to drive a motor vehicle in a public place to provide one or more specimens of breath for breath test there or nearby, if such police officer or officer has any reasonable cause to suspect him of having committed an offence under Section 185:

Provided that no requirement for breath test shall be made (unless it is made) as soon as reasonably practicable after the commission of such offence.



Section 204 of MV Act, 1988 - Laboratory test.

(1) A person, who has been arrested under Section 203 may, while at a police station, be required by a police officer to provide to such registered medical practitioner as may be produced by such police officer, a specimen of his blood for a laboratory test it,-

       a) it appears to the police officer that the device, by means of which breath test was taken in relation to such person        indicates the presence of alcohol in the blood of such person, or

       b) such person, when given the opportunity to submit to a breath test, has refused, omitted or failed to do so;

Provided that where the person required to provide such specimen is a female and the registered medical practitioner produced by such police officer is a male medical practitioner, the specimen shall be taken only in the presence of a female, whether a medical practitioner or not.



Section 205 of MV Act, 1988 - Presumption of unfitness to drive.

In any proceeding for an offence punishable under Section 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefore is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.



Section 206 of MV Act, 1988 - Power of Police officer to impound document.

(1) Any police officer or other person authorized in this behalf by the State Government may, if he has reason to believe hat any identification mark carried on a motor vehicle or any licence, permit, certificate of registration, certificate of insurance or other document produced to him by the driver or person-incharge of a motor vehicle is a false document within the meaning of Section 464 of the Indian Penal Code (45 of 1860) seize the mark or document and call upon the driver or owner of the vehicle to account for his possession of or the presence in the vehicle of such mark or document.

(2) Any police officer or other person authorized in this behalf by the State Government, if he has reason to believe that the driver of a motor vehicle who is charged with any offence under this Act may abscond or otherwise avoid the service of a summon, seize any licence held by such driver and forward it to the Court taking cognizance of the offence and the said Court shall on the first appearance of such driver before it, return the licence to him in exchange for the temporary acknowledgement given under section (3).

(3) A police officer or other person seizing a licence under sub-section (2) shall give to the person surrendering the licence temporary acknowledgement therefore and such acknowledgement shall authorize the holder to drive until the licence has been returned to him or until such date as may be specified by the police officer or other person in the acknowledgement, whichever is earlier:

Provided that if any Magistrate, police officer or other person authorized by the State Government in this behalf is, on an application made to him, satisfied that the licence cannot be, or has not been returned to the holder thereof before the date specified in the acknowledgement for any reason for which the holder is not responsible, the Magistrate, police officer or other person, as the case may be, may extend the period of authorization to drive till such date as may be specified in the acknowledgement.



Section 207 of MV Act, 1988 - Power to detain vehicles used without certificate of registration, permit, etc.,

(1) Any police officer or other person authorized in this behalf by the State Government may, if he has reason to believe that a motor vehicle has been or is being used in contravention o the provisions of Section 3 or Section 4 or Section 39 or without the permit required by sub-section (1) of Section 66 or in contravention of any condition of such permit relating to the route on which or the area in which or the purpose for which the vehicle may be used, seize and detain the vehicle, in the prescribed manner and for this purpose take or cause to be taken any steps he may consider proper for the temporary safe custody f the vehicle:

Provided that where any such officer or person has reason to believe that a motor vehicle has been or is being used in contravention of Section 3 or Section 4 or without the permit required by sub-section (1) of Section 66 he may, instead of seizing the vehicle, seize the certificate of registration of the vehicle and shall issue an acknowledgement in respect thereof.

(2) Where a motor vehicle has been seized and detained under sub-section (1), the owner or person-in-charge of the motor vehicle may apply to the transport authority or any officer authorized in this behalf by the State Government together with the relevant documents for the release of the vehicle and such authority or officer may, after verification of such documents, by order release the vehicle subject to such conditions as the authority or officer may deem fit to impose. - - - -



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