Sections 114, 116, 117, 129, 134A and 135 of the Motor Vehicles Act
These road-safety provisions cover vehicle weight checks, traffic signs, parking and halting places, protective headgear and child safety on motorcycles, legal protection for Good Samaritans, and Government schemes for accident investigation and public safety.
Section 114 - Power to have a vehicle weighed
Section 114 authorises specified officers to require a goods vehicle or trailer to be weighed when there is reason to believe that it is being used in contravention of the statutory weight limits.
The Motor Vehicles (Amendment) Act, 2019 widened section 114(1) so that, in addition to the officer specified by the provision, another person authorised by the State Government may exercise the relevant power.
Section 116 - Power to erect traffic signs
Section 116 governs placement, erection and removal of traffic signs for regulating motor vehicle traffic.
Section 116(1A), inserted by the 2019 Act, empowers the National Highways Authority of India or another agency authorised by the Central Government to cause or permit prescribed traffic signs to be placed, erected or removed on national highways.
The authority may also order removal of a sign or advertisement that obscures a traffic sign, resembles a traffic sign so as to mislead, or is likely to distract a driver. It may seek State assistance, which the State Government is required to provide for this purpose.
Section 117 - Parking places and halting stations
Section 117 concerns determination of places where motor vehicles may stand either indefinitely or for a specified period, and places at which public service vehicles may stop for longer than necessary to take up and set down passengers.
The 2019 amendment requires the State Government or authorised authority to give primacy to road-user safety and free flow of traffic when determining such places.
For this section, the National Highways Authority of India or another agency authorised by the Central Government may also determine such places.
Section 129 - Wearing of protective headgear
Section 129 requires every person above four years of age who drives, rides or is carried on a motorcycle of any class or description in a public place to wear protective headgear conforming to standards prescribed by the Central Government.
Protective headgear: the statutory explanation describes a helmet which, by its shape, material and construction, can reasonably be expected to provide protection from injury in an accident and which is securely fastened to the wearer's head using the straps or other fastenings provided.
Sikh exemption: section 129 does not apply to a Sikh person who, while driving or riding on a motorcycle in a public place, is wearing a turban.
Children below four: the Central Government is empowered to prescribe special safety measures. The Central Motor Vehicles Rules provide child-safety requirements, including a safety harness and protective helmet requirements and a maximum speed of 40 km/h for a motorcycle carrying a child up to four years, subject to the terms of the applicable rule.
Section 134A - Protection of Good Samaritans
Section 134A protects people who voluntarily assist victims of motor vehicle accidents and defines a Good Samaritan for the purposes of the Act.
Good Samaritan: a person who, in good faith, voluntarily and without expectation of reward or compensation provides emergency medical or non-medical care or assistance at the accident scene, or transports the victim to hospital.
A Good Samaritan is protected from civil or criminal action for injury to or death of the accident victim where the injury or death resulted from the Good Samaritan's negligence in acting or failing to act while rendering the emergency assistance described by the section.
The Central Motor Vehicles (Twelfth Amendment) Rules, 2020 inserted rules governing Good Samaritan rights, questioning, examination and related safeguards. A Good Samaritan who informs police of an accident or transports a victim to hospital is protected against unnecessary requirements and is to be permitted to leave immediately, subject to the detailed rules.
Section 135 - Schemes for accident investigation and road safety
Section 135 empowers the Central Government to make schemes dealing with investigation of motor vehicle accidents and specified road-safety measures.
The 2019 amendment expanded section 135(1) to include other amenities in the interests of public safety and convenience.
Section 135(3) authorises the Central Government, by notification in the Official Gazette, to make one or more schemes for in-depth studies into the causes and analysis of road accidents.
Official resources
India Code - Central legislation
Motor Vehicles (Amendment) Act, 2019 - MoRTH
Good Samaritan Rules - G.S.R. 594(E), 29 September 2020