Brief Overview of the MV Act and MV Rules

 

Brief Overview of the MV Act and MV Rules

 

 It is a fundamental principle of statutory interpretation that

‘construction is to be made of all the parts together and not of one part only by itself’ When attempting to discern the meaning of a certain provision in a statute, it is essential to consider that

provision within the broader context of the entire legislative

framework. The context encompasses several other critical

dimensions. First, it involves reading the statute as a Second, it is also crucial to take into account any previous statutes that are in pari materia. Third, a comprehensive understanding of the general scope and purpose of the statute is essential. Finally,

a critical aspect of interpreting any statutory provision also

involves identifying the mischief that the legislation intended to

address. Therefore, anuanced and thorough interpretation

would lend clarity and consistency in the application of legal

principles. In this regard, Justice GP Singh in his seminal treatise on Interpretation of Statutes16 had this to say:

“It is a rule now firmly established- that the intention of the Legislature must be found by reading the statute as a whole. The rule is referred to as an "elementary rule" by Viscount Simonds; a "compelling rule" by Lord Somervell of Harrow; . and a "settled rule" by BK Mukherjee . "I agree", said Lord Halsbury, "that you must look at the whole instrument inasmuch as there may be inaccuracy and inconsistency; you must, if you can, ascertain what is the meaning of the instrument taken as a whole in order

to give effect, if it be possible to do so, to the intention of the framer of it".”

Let us now start by noting and understanding the statutory

framework of the MV Act and the MV Rules. A snapshot of all the

chapters of MV Act is listed below:

 Chapter I- Definitions

Chapter II- Licensing of drivers of motor vehicles

Chapter III-Licensing of Conductors of Stage Carriages.

Chapter IV- Registration of motor vehicles.

Chapter V-Control of Transport Vehicles

Chapter VI- Special provisions relating to State Transport

Undertakings

Chapter VII- Construction, Equipment and Maintenance of

motor vehicles.

Chapter VIII-Control of Traffic

Chapter IX- Motor Vehicles temporarily leaving or visiting

India

Chapter XI- Insurance of Motor Vehicles against third

party risks

Chapter XII- Claims Tribunals

Chapter XIII- Offences, Penalties and Procedure

Chapter XIV-Miscellaneous

20. The MV Rules contain the following chapters:

Chapter I-Preliminary

Chapter II-Licensing of Drivers of Motor Vehicles

Chapter III- Registration of Motor Vehicles

Chapter IV- Control of Transport Vehicles

Chapter V- Construction, Equipment and Maintenance of Motor

Vehicles

Chapter VI-Control of Traffic

Chapter VII-Insurance of Motor Vehicles Against Third Party

Risks

Chapter VIII- Offences, Penalties and Procedure

Chapter IX- Examination of Good Samaritan and Enquiry This court, to effectively address the issue, is primarily concerned with Chapter II of the MV Act and the MV Rules which relates to licensing of drivers of motor vehicles. The Forms concerning driving license appended to the MV Rules, may also bear a reference. Chapter II of the MV Act contains the provisions

dealing with the necessity for a driving license, age limit,

responsibility of owners of motor vehicles, restrictions on the

holding of driving licenses and the restrictions on the grant of

learner’s licenses for certain vehicles. Section 8 and Section 9

contain provisions concerning the application for grant of

a learner’s license and driving license respectively. Section 10

which is important for our purpose deals with ‘forms and contents

of licenses to drive’. Chapter II also contains provisions for

additions to the driving license, the licensing and regulation of

schools or establishments for imparting instruction in driving of

motor vehicles, the validity period of license, renewal, and

revocation. Additionally, it also contains provisions concerning

orders refusing or revoking driving licenses, driving licenses to

drive motor vehicles belonging to Central Government, power of

licensing authority to disqualify from holding a driving license or

revoke such license, the power of Court to disqualify, suspend

driving license in certain cases, the effect of the disqualification order, endorsement, and the maintenance of National and State

Registers of Driving licenses. Finally, it also contains provisions

relating to the power of Central and State Government to make

Rules.

22. The MV Rules contain the procedure concerning driving

licenses in Chapter II. It covers, inter alia, general provisions,

evidence as to the correctness of address and age, medical

certificate, educational qualifications, preliminary test, application

for a driving license, driving test, form of driving license, renewal,

driving schools and establishments, duration of license, duplicate

license as well as the training syllabus.

23. The MV Act and MV Rules work in tandem, like two wheels in

the same axle, to form a comprehensive legal framework governing motor vehicles in India. While the Act provides the backbone, the Rules provide specific provisions for implementation.

(III) Construing Section 2(21), Section 3 and Section 10

 To understand the divergent interpretations on the core issue

of whether a holder of a LMV license can operate a 'transport

vehicle’ weighing less than 7,500 kgs, it will be necessary to first

consider the relevant definition(s) contained in Section 2 of the MV Act. The definitions deserving scrutiny are noted below for ready reference. The definition of Section 2 interestingly begins with the clarificatory preface, ‘unless the context otherwise requires’:

2(10) “driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description.”

2(15) “gross vehicle 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;”

2(16) “heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the

unladen weight of either of which, exceeds 12,000 kilograms;”

2(17) “heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution

bus or omnibus the gross vehicle weight of any of which; or

a motor-car the unladen weight of which, exceeds 12,000

kilograms;”

2(21) “light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motorcar or tractor or road-roller the unladen weight of any of which,

does not exceed 7,500 kilograms;”

2(22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward;

2(23) “medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle;”

2(24) “medium passenger motor vehicle" means any public

service vehicle or private service vehicle, or educational

institution bus other than a motor-cycle, invalid carriage,

light motor vehicle or heavy passenger motor vehicle;” 2(25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward.

2(26) “motor-car" means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor-cycle or invalid carriage.

2(27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle.

2(28) “motor vehicle” or “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 or

a vehicle having less than four wheels fitted with engine capacity of not exceeding1 [twenty-five cubic centimetres];

2(29) “omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver.”

2(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;”

2(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;”

 The term ‘Transport Vehicle’ is defined in Section 2(47) of the

MV Act and each of the terms contained in the definition is

separately defined in Sections 2(35),2(14), 2(11), 2(33) of the MV

Act:

2(47) “transport vehicle" means a public service vehicle, a

goods carriage, an educational institution bus or a private

service vehicle

2(35) “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 maxi-cab, a motor-cab, contract

carriage, and stage carriage;”

2(14) “goods carriage" means 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;”

2(11) “educational institution bus" means an omnibus, which is owned by a college, school or other educational institution

and used solely for the purpose of transporting students or

staff of the educational institution in connection with any of

its activities;”

2(33) “private service vehicle” means a motor vehicle

constructed or adapted to carry more than six persons

excluding the driver and ordinarily used by or on behalf of

the owner of such vehicle for the purpose of carrying persons

for, or in connection with, his trade or business otherwise

than for hire or reward but does not include a motor vehicle

used for public purposes