Page 21 - The Motor Vehicles Act, 1988

SECTION 3 THE MOTOR VEHICLES ACT, 1988 7

Section 2(21)
Light Motor Vehicle is defined in section 2(21), which says that “light motor vehicle” means
a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor
or road-roller the unladen weight of any of which, does not exceed 7,500 kilograms.—Janki Bai v.
Uttam Singh Yadav 2011 (101) AIC 624 (Chhattisgarh H.C.)
Section 2(22)
Where the authorities, after going through the description of the vehicle as given by the
manufacturer, find that the vehicle can be classified as maxi-cab for having the seating capacity of
more than six, argument cannot be raised that in view of the description in the registration certificate
the vehicle cannot be considered as maxi-cab.—Bhakthavatsalan v. Assistant Regional Transport
Officer AIR 1990 Kan 297
Section 2(28)
Undoubtedly registration of the motor vehicle is essential but where the vehicle is not
registered it would still be a motor vehicle if it falls within the definition as given under section
2(28)—Poomani v. Tuticorin Thermal Power Project AIR 1990 Mad 372
Section 2(34)
The road inside the secretariat premises falls within the definition of “Public Place” for the
members of public after obtaining permission becomes entitled to right of access to secretariat.—
Oriental Fire & General Insurance Co. Ltd. v. Raghunath Muduli AIR 1991 Ori 173
A place where public have access without restriction or even limited with pass is a public
place.—United India Insurance Co. Ltd. v. Gujarat Ship Trading Corporation 1997 (3) GLR 2560
1 [2A. E-cart and e-rickshaw

(1) Save as otherwise provided in the proviso to sub-section (1) of section 7 and
sub-section (10) of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw.
(2) For the purposes of this section, “e-cart or e-rickshaw” means a special purpose
battery powered vehicle of power not exceeding 4000 watts, having three wheels for
carrying goods or passengers, as the case may be, for hire or reward, manufactured,
constructed or adapted, equipped and maintained in accordance with such specifications,
as may be prescribed in this behalf.]
2 [2B. Promotion of innovation
Notwithstanding anything contained in this Act and subject to such conditions as
may be prescribed by the Central Government, in order to promote innovation, research
and development in the fields of vehicular engineering, mechanically propelled vehicles
and transportation in general, the Central Government may exempt certain types of
mechanically propelled vehicles from the application of the provisions of this Act.]
CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES
3. Necessity for driving licence
(1) No person shall drive a motor vehicle in any public place unless he holds an
effective driving licence issued to him authorising him to drive the vehicle; and no
3
person shall so drive a transport vehicle other than [a motor cab or motor cycle] hired
for his own use or rented under any scheme made under sub-section (2) of section 75]
unless his driving licence specifically entitles him so to do.

1. Inserted by Motor Vehicles (Amdt.) Act, 2015 (3 of 2015), dt. 19-3-2015, w.e.f. 7-1-2015.
2 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.
3. Substituted for “a motor cab” by Act 54 of 1994, w.e.f. 14-11-1994.