Page 108 - The Motor Vehicles Act, 1988

94 THE MOTOR VEHICLES ACT, 1988 SECTION 114

PROVIDED that no such notification is necessary if any restriction under this
section is to remain in force for not more than one month.
(3) Nothing in this section shall apply to any vehicle registered under section 60
while it is being used in the execution of military manoeuvres within the area and
during the period specified in the notification under sub-section (1) of section 2 of the
manoeuvres, Field Firing and Artillery Practice Act, 1938 (5 of 1938).
113. Limits of weight and limitations on use
(1) The State Government may prescribe the conditions for the issue of permits for
1 [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.
114. Power to have vehicle weighed
2 [(1) Any officer of the Motor Vehicles Department [or any other person authorised
3
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 kilometres from
any point on the forward route or within a distance of twenty kilometres 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 diver shall comply with such directions.
(2) Where the person authorised 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.

1 Substituted for “heavy goods vehicles or heavy passenger motor vehicles” by Act 54 of 1994,
w.e.f. 14-11-1994.
2 Substituted, ibid.
3. Substituted for “authorised in this behalf by the State Government” by the Motor Vehicles (Amdt.)
Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.