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MVA, 1988
Start Practicing
MVAChapter XIIISection 190
Section190

Using vehicle in unsafe condition

AI Assist

Summary

Driving or allowing a vehicle with a defect you knew or should have noticed that makes it dangerous is punishable with up to Rs 250 fine. If that defect causes an accident with bodily injury or property damage, penalty may be up to 3 months imprisonment or up to Rs 1,000 fine, or both. Breach of road-safety/noise/air rules: Rs 1,000 for first, Rs 2,000 for later. Illegal carriage of hazardous goods carries higher fines and jail (first up to Rs 3,000 or 1 year; repeat up to Rs 5,000 or 3 years).

Example

Ravi drives his delivery van with a badly worn tyre he could have noticed. If stopped, he can be fined up to Rs 250 for driving an unsafe vehicle. If that tyre causes an accident injuring someone or damaging property, Ravi may face up to 3 months imprisonment or a fine up to Rs 1,000, or both.

Bare Act

Enacted text

(1) Any person who drives or causes or allows to be driven in any public place a motor vehicle or trailer while the vehicle or trailer has any defect, which such person knows of or could have discovered by the exercise of ordinary care and which is calculated to render the driving of the vehicle a source of danger to persons and vehicles using such place, shall be punishable with fine which may extend to two hundred and fifty rupees or, if as a result of such defect an accident is caused causing bodily injury or damage to property, with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(2) Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.

(3) Any person who drives or causes or allows to be driven, in any public place a motor vehicle which violates the provisions of this Act or the rules made thereunder relating to the carriage of goods which are of dangerous or hazardous nature to human life, shall be punishable for the first offence which may extend to three thousand rupees, or with imprisonment for a term which may extend to one year, or with both, and for any second or subsequent offence with fine which may extend to five thousand rupees, or with imprisonment for a term which may extend to three years, or with both.

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XIII

Chapter XIII

Offences, Penalties and Procedure

In this chapter

  • 177General provision for punishment of offences
  • 178Penalty for travelling without pass or ticket and for dereliction of duty on the part of conductor and refusal to ply contract carriage, etc
  • 179Disobedience of orders, obstruction and refusal of information
  • 180Allowing unauthorised persons to drive vehicles
  • 181Driving vehicles in contravention of section 3 or section 4
  • 182Offences relating to licenses
  • 182APunishment for offences relating to construction and maintenance of vehicles
  • 183Driving at excessive speed, etc
  • 184Driving dangerously
  • 185Driving by a drunken person or by a person under the influence of drugs
  • 186Driving when mentally or physically unfit to drive
  • 187Punishment for offences relating to accident
  • 188Punishment for abetment of certain offences
  • 189Racing and trials of speed
  • 190Using vehicle in unsafe condition
  • 191Sale of vehicle in or alteration of vehicle to condition contravening this Act
  • 192Using vehicle without registration
  • 192AUsing vehicle without permit
  • 193Punishment of agents and canvassers without proper authority
  • 194Driving vehicle exceeding permissible weight
  • 195Imposition of minimum fine under certain circumstances
  • 196Driving uninsured vehicle
  • 197Taking vehicle without authority
  • 198Unauthorised interference with vehicle
  • 199Offences by companies
  • 200Composition of certain offences
  • 201Penalty for causing obstruction to free flow of traffic
  • 202Power to arrest without warrant
  • 203Breath tests
  • 204Laboratory test
  • 205Presumption of unfitness to drive
  • 206Power of police officer to impound document
  • 207Power to detain vehicles used without certificate of registration permit, etc
  • 208Summary disposal of cases
  • 209Restriction on conviction
  • 210Courts to send intimation about conviction
Previous · Section 189Racing and trials of speedNext · Section 191Sale of vehicle in or alteration of vehicle to condition contravening this Act