Page 118 - The Motor Vehicles Act, 1988

104 THE MOTOR VEHICLES ACT, 1988 SECTION 138

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[(aa) providing for the standards of protective headgear and measures for the
safety of children below the age of four years riding under section 129;]
(b) the manner in which the licences and certificates may be produced to the
police officer under section 130;
1 [(c) providing for limits of urban city by the State Governments under sub-
section (1) of section 136A; and
(d) providing for electronic monitoring and enforcement under sub-section
(2) of section 136A.]
138. Power of State Government to make rules
(1) The State Government may make rules for the purpose of carrying into effect
the provisions of this Chapter other than the matters specified in section 137.
1 [(1A) The State Government may, in the interest of road safety, make rules for
the purposes of regulating the activities and access of non-mechanically propelled
vehicles and pedestrians to public places and national highways:
PROVIDED that in the case of national highways, such rules shall be framed in
consultation with the National Highways Authority of India.]
(2) Without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the removal and the safe custody of vehicles including their loads which
have broken down or which have been left standing or have been
abandoned on roads;
(b) the installation and use of weighing devices;
(c) the maintenance and management of wayside amenities complexes;
(d) the exemption from all or any of the provisions of this Chapter of fire
brigade vehicles, ambulances and other special classes or descriptions of
vehicles, subject to such conditions as may be prescribed;
(e) the maintenance and management of parking places and stands and the
fees, if any, which may be charged for their use;
(f) prohibiting the driving downhill of a motor vehicle with the gear
disengaged either generally or in a specified place;
(g) prohibiting the taking hold of or mounting of a motor vehicle in motion;
(h) prohibiting the use of foot-paths or pavements by motor vehicles;
(i) generally, the prevention of danger, injury or annoyance to the public or
any person, or of danger or injury to property or of obstruction to traffic;
and
(j) any other matter which is to be, or may be, prescribed.

1 Inserted 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.