Topic -6. 690. Maintenance of states registers for motor vehicles

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                    690. Maintenance of state registers for motor Sec 63 of the Motor Vehicles Act 1988 describes the maintenance of state registers for the motor vehicles.

1. Each State Government shall maintain in such form as may be prescribed by the Central Government a register to be known as the State Register of Motor Vehicle, in respect of the motor vehicles in that State, containing the following particulars, namely:-- 1. Registration numbers; 2. years of manufacture; 3. Classes and types; 4. Names and addresses of registered owners; and 5. Such other particulars as may be prescribed by the Central Government. 2. Each State Government shall supply to the Central Government a printed Copy of the State Register of Motor Vehicles and shall also inform the Central Government without delay of all additions to and other amendments in such register made from time to time. 3. The State Register of Motor Vehicles shall be maintained in such manner as may be prescribed by the State Government. The Motor Vehicles Act, is one of the most remarkable acts for regulation and maintenance of motor vehicles in India. According to the Motor Vehicles Act 1988, “motor vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding [twenty-five cubic centimetres]; [twenty-five cubic centimetres]. The Act mandates that no person/owner shall drive motor vehicles unless the vehicle is registered. A certificate of registration in respect of motor vehicles shall be valid only for a period of fifteen years from the date of issue of such a certificate and shall be renewable. The suspension of registration of motor vehicles can be made by the registering authority on the conditions that the use of motor vehicles in public place would constitute danger to the public; using motor vehicles without a valid permit and using vehicles without rectifying mechanical defects, etc. The cancellation of registration of motor vehicles can be made by the registering authority if the suspension of registration continues without interruption for a period of not less than six months.

. 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.

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 Transport 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.

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. 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. The Motor Vehicles (Amendment) Bill, 2019 seeks to amend the Motor Vehicles Act, 1988 to address various such issues like road safety, third party insurance, vehicle’s health, and compensation for victims of road accidents.