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[Cites 0, Cited by 227] [Entire Act]

Union of India - Section

Section 2 in Motor Vehicles Act, 1939

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context,-
(1)[ "area", in relation to any provision of this Act, means such area as the State Government may, having regard [Clause (1) and (1A) Inserted by Act 56 of 1969, section 2 (w.e.f. 2-3-1970).]
(1A)"articulated vehicle" means a tractor to which a trailer is attached in such a manner that a part of the trailer is super-imposed on, and a part of the weight of the trailer is borne by, the tractor;]
(1B)[] [Renumbered by Act 56 of 1969, section 2 (w.e.f. 2-3-1970).] "axle weight" means in relation to an axle of a vehicle the total weight transmitted by the several wheels attached to that axle to the surface whereon the vehicle rests ;
(2)"certificate of registration " means the certificate issued by a competent authority to the effect that a motor vehicle has been duly registered in accordance with the provisions of Chapter III ;[2A) "Commission" means the Inter-State Transport Commission constituted under section 63A ; [Inserted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).]
(2B)"conductor", in relation to a stage carriage, means a person engaged in collecting fares from passengers, regulating their entrance into, or exit from, the stage carriage and performing such other functions as may be prescribed ;
(2C)" conductors licence " means the document issued by a competent authority under Chapter IIA authorising the person specified therein to act as a conductor;]
(3)"contract carriage " means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a [fixed or agreed rate or sum- (i) on a time basis whether or not with reference to any route or distance, or (ii) from one point to another, and in either case without stopping to pick up] [Substituted by Act 56 of 1969, section 2, for certain words (w.e.f. 2-3-1970).] or set down along the line of route passengers not included in the contract; and includes a motor cab notwithstanding that the passengers may pay separate fares;[* * *] [Explanation to clause (3) omitted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).]
(4)[ "dealer" includes a person who is engaged in the manufacture of motor vehicles or in building bodies for attachment to chassis;] [Inserted by Act 47 of 1978, sections 2 (w.e.f. 16.1.1979)][* * *] [Explanation to clause (4) omitted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).]
(5)"driver" includes, where a separate person acts as steersman of a motor vehicle, that person as well as any other person engaged in the driving of the vehicle ;
(5A)[ "driving licence" means the document issued by a competent authority under Chapter II authorising the person specified therein to drive a motor vehicle or a motor vehicle of any specified class or description;] [Inserted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).]
(6)"fares" includes sums payable for a season ticket or in respect of the hire of a contract carriage;
(7)"goods" includes live-stock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a motor car or the personal luggage of passengers travelling in the vehicle;
(8)"goods vehicle" means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers
(9)[ "heavy goods vehicle" means any goods vehicle the registered laden weight of which, or a tractor the unladen weight of-which, exceeds 11,000 kilogrammes; [Substituted by Act 47 of 1978, sections 2 (w.e.f. 16-1-1979).]
(9A)"heavy passenger motor vehicle" means any public service vehicle or omnibus the registered laden weight of either of which, or a motor car the unladen weight of which, exceeds 11,000 kilogrammes,]
(10)invalid carriage" means a motor vehicle the unladen weight of which does not exceed [300 kilogrammes] [Substituted by Act 51 of 1960, section 2, for 'five hundred weights' (w.e.f. 1-1-1961).], specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical defect or disability, and used solely by or for such a person;[* * * * * *] [clause (11) omitted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).]
(12)"licensing authority" means an authority empowered to grant licences, appointed by the State Government by rule made under section 21 [or section 21J] [Added by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).];
(13)[ "light motor vehicle" means a transport vehicle or omnibus the registered laden weight of which, or a motor car or tractor the unladen weight of which, does not exceed [4,000] [Substituted by section 2, Act 100 of 1956, for clause (13) (w.e.f. 16-2-1957).] kilogrammes];
(14)[ "medium goods vehicle" means any goods vehicle, other than a light motor vehicle, heavy goods vehicle or road-roller; [Substituted by Act 47 of 1978, section 2(w.e.f. 16-1-1979).]
(14A)"medium passenger motor vehicle" means any public service vehicle, other than a motor cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle;]
(15)"motor cab" means any motor vehicle constructed, adapted or used to carry not more than six passengers excluding the driver, for hire or reward ;
(16)"motor car" means any motor vehicle other than a transport vehicle, [omnibus] [Substituted by Act 100 of 1956, section 2, for 'locomotive' (w.e.f. 16-2-1957).], road-roller, tractor, motor cycle or invalid carriage;
(17)[ "motor cycle" means a two-wheeled motor vehicle, the unladen weight of which, inclusive of the unladen weight of any detachable side car, having an extra wheel, attached to motor vehicle, does not exceed 600 kilogrammes;] [Substituted by Act 56 of 1969, section 2, for clause (17) (w.e.f. 2-3-1970).]
(18)"motor vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or [a vehicle of a special type adapted for use only in a factory or in any other enclosed premises]; [Substituted by Act 100 of 1956, section 2 (j), for 'used solely upon the premises of the owner' (w.e.f. 16-2-1957).]
(18A)[ "omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;] [Inserted by section 2 (k), Act 100 of 1956 (w.e.f. 16-2-1957).]
(19)"owner" means, where the person, in possession of a motor vehicle is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement;
(20)"permit " means the document issued by [the Commission or] [Inserted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).] a State or Regional Transport Authority authorising the use of a transport vehicle as a contract carriage, or stage carriage, or authorising the owner as a private carrier or public carrier to use such vehicle;
(21)"prescribed" means prescribed by rules made under this Act ;
(22)"private carrier" means an owner of a transport vehicle other than a public carrier who uses that vehicle solely for the carriage of goods which are his property or the carriage of which is necessary for the purposes of his business not being a business of providing transport, or who uses the vehicle for any of the purposes specified in sub-section (2) of section 42 ;
(23)"public carrier" means an owner of a transport vehicle who transports or undertakes to transport goods, or any class of goods, for another person at any time and in any public place for hire or reward, whether in pursuance of the terms of a contract or agreement or otherwise, and includes any person. body, association or company engaged in the business of carrying the goods of persons associated with that person, body, association or company for the purpose of having their goods transported;
(24)"public place" means a road, street, way or other place, whether a thoroughfare or not, to which the public have a right of access, and includes any place or stand at which passengers are picked up or set down by a stage carriage;
(25)"public service, vehicle" means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a motor cab, contract carriage, and stage carriage;
(25A)[ "rebuilt vehicle" means a motor vehicle rebuilt with an engine and a chassis both of which had not been registered under this Act as one vehicle;] [Inserted by Act 47 of 1978, section 2 (w.e.f. 16-1-1979).]
(26)[ "registered axle weight" means, in respect of the axle of any vehicle, the axle weight certified and registered by the registering authority as permissible for that axle;] [Substituted by section 2 (m), Act 100 of 1956, for the original clause (w.e.f. 16-2-1957).]
(27)"registered laden weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible, for that vehicle ;
(28)"registering authority" means an authority empowered to register motor vehicles under Chapter III;
(28A)[ "route" means a line of travel which specifies the highway which may be traversed by a motor vehicle between one terminus and another;] [Inserted by Act 56 of 1969, section 2 (f) (w.e.f. 2-3-1970).]
(29)"stage carriage" means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the journey ;
(29A)[ * * *] [Clause (29A), Inserted by the A. O. 1950, omitted ''tourist vehicle' means a contract carriage constructed or adapted and equipped and maintained in accordance with such specifications as the State Government may, by notification in the Official, Gazette, specify in this behalf;' by Act 3 of 1951, section 3 and Schedule.]
(30)"tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for [* * *] [The words and figures 'the unladen weight of which does not exceed 16,000 pounds avoirdupois' omitted by Act 100 of 1956, section 2 (w.e.f. 16-2-1957).]; but excludes a road-roller;
(31)"traffic signs" includes all signals, warning sign posts, direction posts, or other devices for the information, guidance or direction of drivers of motor vehicles ;
(32)"trailer" means any vehicle other than a side-car drawn or intended to be drawn by a motor vehicle;
(33)[ "transport vehicle" means a public service vehicle or a goods vehicle;] [Substituted by section 2, Act 100 of 1956, for the original clause (w.e.f. 16-2-1957).]
(34)"unladen weight" means the weight of a vehicle or trailer including all equipment 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 ;
(35)"weight" means the total weight transmitted for the time being by the wheels of a vehicle to the, surface on which the vehicle rests.