Sections 136A, 137, 138, 145 and 146 of the Motor Vehicles Act
These provisions cover technology-based road-safety enforcement, Central and State rule-making powers, regulation of pedestrians and non-mechanically propelled vehicles, definitions used in third-party insurance law and the compulsory insurance requirement for motor vehicles.
Section 136A - Electronic monitoring and enforcement of road safety
Section 136A requires State Governments to ensure electronic monitoring and enforcement of road safety on the classes of roads and in urban areas covered by the statutory and prescribed framework.
The Central Government is empowered to prescribe the manner of electronic monitoring and enforcement, including use of speed cameras, closed-circuit television cameras, speed guns, body wearable cameras and other technology.
Body wearable camera: section 136A explains this as a mobile audio and video capture device worn on the body or uniform of a person authorised by the State Government.
Rule 167A - Electronic enforcement devices
The Central Motor Vehicles (Seventeenth Amendment) Rules, 2021 inserted rule 167A. The rule recognises devices including speed cameras, CCTV cameras, speed guns, body wearable cameras, dashboard cameras, Automatic Number Plate Recognition systems and weigh-in-motion equipment, along with other technology specified by the State Government.
The rule requires electronic enforcement devices to be deployed at high-risk and high-density corridors on National Highways and State Highways and at critical junctions at least in major cities with more than one million population, subject to the detailed requirements of rule 167A.
Section 137 - Power of Central Government to make rules
Section 137 empowers the Central Government to make rules for carrying Chapter VIII of the Act into effect.
The 2019 amendment expressly added rule-making powers for standards of protective headgear and safety measures for children below four years under section 129, limits of urban cities for section 136A, and electronic monitoring and enforcement under section 136A.
Section 138 - Power of State Government to make rules
Section 138 empowers State Governments to make rules for carrying Chapter VIII into effect on matters assigned to them.
Section 138(1A), inserted by the 2019 Act, permits a State Government, in the interest of road safety, to regulate the activities and access of non-mechanically propelled vehicles and pedestrians to public places and National Highways.
For National Highways, such State rules are to be framed in consultation with the National Highways Authority of India.
Section 145 - Definitions for third-party motor insurance
Section 145 defines expressions used in Chapter XI, which deals with insurance of motor vehicles against third-party risks.
Authorised insurer: an insurer carrying on general insurance business in India with the required registration from the insurance regulator, and a Government insurance fund authorised to carry on general insurance business.
Certificate of insurance: a certificate issued by an authorised insurer under section 147 and including a complying cover note and, where applicable, certificates or copies issued in connection with the policy.
Grievous hurt: the Motor Vehicles Act text enacted in 2019 cross-refers to section 320 of the Indian Penal Code. Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 has replaced the IPC for the general criminal-law framework; section 116 of the BNS defines grievous hurt.
Hit and run motor accident: an accident arising from use of a motor vehicle or vehicles whose identity cannot be ascertained despite reasonable efforts.
Policy of insurance: includes the certificate of insurance.
Property: includes roads, bridges, culverts, causeways, trees, posts, milestones, passenger baggage and goods carried in a motor vehicle.
Reciprocating country: a country notified by the Central Government on the basis of reciprocity for purposes of the Act.
Third party: includes the Government, the driver and any other co-worker on a transport vehicle.
Section 146 - Necessity for insurance against third-party risk
Section 146 establishes the basic rule that a motor vehicle cannot be used, or caused or allowed to be used, in a public place unless a policy of insurance complying with Chapter XI is in force in relation to that use.
For a vehicle carrying or intended to carry dangerous or hazardous goods, the section additionally requires the insurance contemplated by the Public Liability Insurance Act, 1991.
A paid employee driving a vehicle without the required policy is not treated as contravening section 146(1) merely by driving it unless the employee knows or has reason to believe that the required policy is not in force.
The compulsory-insurance requirement does not apply to a vehicle owned by the Central Government or a State Government and used for purposes unconnected with a commercial enterprise.
The appropriate Government may exempt specified Government, local-authority or State Transport Undertaking vehicles where the statutory conditions are satisfied, including establishment and maintenance of the required fund.
Official resources
Motor Vehicles Act, 1988 - India Code
G.S.R. 575(E) - Electronic Monitoring and Enforcement of Road Safety
Bharatiya Nyaya Sanhita, 2023 - India Code