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MVA, 1988
Start Practicing
MVAChapter VIIISection 113
Section113

Limits of weight and limitations on use

AI Assist

Summary

State government can set conditions for permits and can ban or restrict where transport vehicles may operate. Normally, vehicles in public places must have pneumatic tyres unless rules allow otherwise. Vehicles must not be driven with unladen or laden weight greater than the weights shown in their registration certificate. If a non-owner drives in breach, a court may presume the owner knew or ordered it.

Example

Rohan owns a goods truck with unladen weight 2,000 kg and gross weight 5,000 kg on its registration. His driver uses it on a public road with solid rubber tyres and carries 6,000 kg. Driving without pneumatic tyres or above the registered weights is prohibited; since the driver is not the owner, a court may presume Rohan knew or ordered it.

Bare Act

Enacted text

(1) The State Government may prescribe the conditions for the issue of permits for transport vehicles by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.

(2) Except as may be otherwise prescribed, no person shall drive or cause or allow to be driven in any public place any motor vehicle which is not fitted with pneumatic tyres.

(3) No person shall drive or cause or allow to be driven in any public place any motor vehicle or trailer—

  • (a) the unladen weight of which exceeds the unladen weight specified in the certificate of registration of the vehicle, or

  • (b) the laden weight of which exceeds the gross vehicle weight specified in the certificate of registration.

(4) Where the driver or person in charge of a motor vehicle or trailer driven in contravention of sub-section (2) or clause (a) of sub-section (3) is not the owner, a Court may presume that the offence was committed with the knowledge of or under the orders of the owner of the motor vehicle or trailer.

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VIII

Chapter VIII

Control of Traffic

In this chapter

  • 112Limits of speed
  • 113Limits of weight and limitations on use
  • 114Power to have vehicle weighed
  • 115Power to restrict the use of vehicles
  • 116Power to erect traffic signs
  • 117Parking places and halting stations
  • 118Driving regulations
  • 119Duty to obey traffic signs
  • 120Vehicles with left hand control
  • 121Signals and signalling devices
  • 122Leaving vehicle in dangerous position
  • 123Riding on running board, etc
  • 124Prohibition against travelling without pass or ticket
  • 125Obstruction of driver
  • 126Stationary vehicles
  • 127Removal of motor vehicles abandoned or left unattended on a public place
  • 128Safety measures for drivers and pillion riders
  • 129Wearing of protective headgear
  • 130Duty to produce license and certificate of registration
  • 131Duty of the driver to take certain precautions at unguarded railway level crossings
  • 132Duty of driver to stop in certain cases
  • 133Duty of owner of motor vehicle to give information
  • 134Duty of driver in case of accident and injury to a person
  • 135Schemes to be framed for the investigation of accident cases and wayside amenities, etc
  • 136Inspection of vehicle involved in accident
  • 137Power of Central Government to make rules
  • 138Power of State Government to make rules
Previous · Section 112Limits of speedNext · Section 114Power to have vehicle weighed