Page 20 - The Motor Vehicles Act, 1988
P. 20

6  THE MOTOR VEHICLES ACT, 1988                                SECTION 2

                             1
                              [(42A) “testing agency” means any entity designated as a testing agency under
                                     section 110B;]
                                (43) “tourist vehicle” means a contract carriage constructed or adapted and
                                     equipped and maintained in accordance with such specifications as may
                                     be prescribed in this behalf;
                                (44) “tractor” means a motor vehicle which is not itself constructed to carry
                                     any load (other than equipment used for the purpose of propulsion); but
                                     excludes a road-roller;
                                (45) “traffic signs” includes all signals, warning sign posts, direction posts,
                                     markings on the road or other devices for the information, guidance or
                                     direction of drivers of motor vehicles;
                                (46) “trailer” means any vehicle, other than a semi-trailer and a side-car, drawn
                                     or intended to be drawn by a motor vehicle;
                                (47) “transport vehicle” means a public service vehicle, a goods carriage, an
                                     educational institution bus or a private service vehicle;
                                (48) “unladen weight” means the weight of a vehicle or trailer including all
                                     equipments ordinarily used with the vehicle or trailer when working, but
                                     excluding the  weight of a driver or attendant; and where alternative parts
                                     or bodies are used the unladen weight of the vehicle means the weight of
                                     the vehicle with the heaviest such alternative part or body;
                                (49) “weight” means the total weight transmitted for the time being by the
                                                                                       1
                                     wheels of a vehicle to the surface on which the vehicle rests  [or moves].
                                                         COMMENTS
                          Section 2(7)
                               “Contract carriage” as defined under s. 2(7) of the Act is exhaustive and takes within its fold
                          vehicle of any kind as is permitted to ply as contract carriage without taking into consideration its
                          size  and seating capacity.  The definition also includes maxicab and motor cab notwithstanding
                          the fact that passengers are charged with separate fares.—Brijendra Kumar Chaudhary v. State
                          Transport Authority AIR 1991 All 300
                          Section 2(10)
                               ‘Driving licence’ has been defined in section 2(10) to mean the person specified therein to
                          drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or
                          description.—Oriental Insurance Co. Ltd. v. Angad Kol 2009 (76) AIC 140 (SC)
                          Section 2(11)
                               The use of “educational  institution bus” must be exclusively for the conveyance of the
                          students and the staff of such institution.—Sri Gajanan Motor Transport Co. Ltd. v. State of
                          Karnataka AIR 1991 Kan 40
                          Section 2(14)
                               “Goods carriage” has been defined in section 2(14) to mean any motor vehicle constructed
                          or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or
                          adapted when used for the carriage of goods.—Oriental Insurance Co. Ltd. v. Angad Kol 2009
                          (76) AIC 140 (SC)
                          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.
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