Page 114 - The Motor Vehicles Act, 1988

100 THE MOTOR VEHICLES ACT, 1988 SECTION 131

COMMENT
Wearing of helmet compulsory to two wheeler riders is based on rational basis taking into
consideration the alarming proportion of the road accidents involving two wheeler riders, such
policy is not only rational but is also in the interest of larger public interest, since statistics reveal
that more number of two wheelers are on the road having in view transport problems and economics
of the cost.—K. Veeresh Bahsu v. UOI AIR 1994 Kar. 56
130. Duty to produce licence 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.
1 [(2) The conductor, if any, of a motor vehicle on any public place shall on demand
by any officer of Motor Vehicles Department authorised 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
authorised 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 fifteen days from the date of demand, submit photocopies of the same,
duly attested in person or send the same by registered post to the officer who demanded
it.
Explanation: For the purposes of this sub-section “certificate of insurance” means
the certificate issued under sub-section (3) of section 147].
(4) If the licence referred to in sub-section (2) or the certificates or permit referred
to in sub-section (3), as the case may be, are not at the time in the possession of the
person to whom demand is made, it shall be a sufficient compliance with this section if
such person produces the licence or certificates or permit within such period in such
manner as the Central Government may prescribe, to the police officer or authority
making the demand:
PROVIDED that, except to such extent and with such modifications as may be
prescribed, the provisions of this sub-section shall not apply to any person required to
produce the certificate of registration or the certificate of fitness of a transport vehicle.
131. Duty of the driver to take certain precautions at unguarded railway level
crossings
Every driver of a motor vehicle at the approach of any unguarded railway level
crossing shall cause the vehicle to stop and the driver of the vehicle shall cause the
conductor or cleaner or attendant or any other person in the vehicle to walk up to the
level crossing and ensure that no train or trolley is approaching from either side and

1 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.