Sections 194, 194A, 194B, 194C, 194D, 194E and 194F of the Motor Vehicles Act
These provisions regulate vehicle overloading, excess passengers, seat belts and child restraints, motorcycle safety, protective headgear, passage for emergency vehicles, and improper use of horns or exhaust cut-outs.
Section 194 - Driving vehicle exceeding permissible weight
Section 194 deals with vehicles driven with weight exceeding the permissible limit and with loads extending beyond prescribed dimensional limits.
The amended section provides a fine of Rs. 20,000 plus Rs. 2,000 for each tonne of excess load. The vehicle is not to be allowed to move until the excess load is removed.
Improperly extending loadWhere a load extends laterally, to the front or rear, or in height beyond the permissible limit, section 194(1A) provides a fine of Rs. 20,000 together with off-loading charges, subject to the statutory exemption for a load permitted by the competent authority.
Refusal to submit to weighingThe 2019 amendment increased the fine under section 194(2) to Rs. 40,000.
Section 194A - Carriage of excess passengers
A person who drives, causes or allows a transport vehicle to carry more passengers than authorised by its registration certificate or applicable permit conditions commits the offence under section 194A.
Fine of Rs. 200 for each excess passenger. The vehicle cannot proceed until the excess passengers are off-loaded and alternative transport is arranged for them.
Section 194B - Safety belts and seating of children
Section 194B requires the driver to wear a safety belt and makes the driver responsible for passengers who are required to wear seat belts. It also protects children below fourteen years through the statutory restraint requirement.
Driving without wearing a safety belt, or carrying passengers not wearing seat belts, is punishable with a fine of Rs. 1,000, subject to any applicable State notification permitted by the section.
Children below fourteenDriving, causing or allowing a vehicle to be driven with a child below fourteen years who is not secured by a safety belt or child restraint system is punishable with a fine of Rs. 1,000.
Section 194C - Motorcycle driver and pillion-rider safety measures
Section 194C applies when a motorcycle is driven in contravention of section 128 or the rules or regulations made under it. Section 128 regulates the carrying of persons on motorcycles and empowers prescription of safety measures.
Fine of Rs. 1,000 and disqualification for holding a driving licence for three months.
Child motorcycle safety rulesRule 138(7) of the Central Motor Vehicles Rules prescribes additional measures for a child between nine months and four years carried as a pillion passenger. For a child below four years, a safety harness must attach the child to the driver. The rule also prescribes head protection and limits the motorcycle to 40 km/h while carrying a child up to four years.
Section 194D - Penalty for not wearing protective headgear
Section 194D applies where a motorcycle is driven in contravention of section 129 or rules or regulations made under it. Section 129 generally requires persons above four years driving or riding a motorcycle in a public place to wear prescribed protective headgear, subject to the statutory Sikh turban exemption and the separate rule-making provision for children below four years.
Fine of Rs. 1,000 and disqualification for holding a driving licence for three months.
Section 194E - Failure to allow free passage to emergency vehicles
A driver must draw to the side of the road when a fire service vehicle, ambulance or another emergency vehicle specified by the State Government approaches.
Imprisonment up to six months, or fine of Rs. 10,000, or both.
Section 194F - Use of horns and silence zones
Section 194F penalises needless or continuous horn use, horn use where a traffic sign prohibits it, and driving a vehicle that uses a cut-out allowing exhaust gases to escape other than through the silencer.
Fine of Rs. 1,000 for the first offence and Rs. 2,000 for a second or subsequent offence.
Motor Vehicles (Amendment) Act, 2019 - amendment text
Amendment of section 194 of Motor Vehicles Act
78. In section 194 of the principal Act,-
(i) in sub-section (1),-
(a) the word "minimum" shall be omitted;
(b) for the words "of two thousand rupees and an additional amount of one thousand rupees per tonne of excess load", the words "of twenty thousand rupees and an additional amount of two thousand rupees per tonne of excess load" shall be substituted;
(c) the following proviso shall be inserted, namely:-
"Provided that such motor vehicle shall not be allowed to move before such
excess load is removed or is caused or allowed to be removed by the person in
control of such motor vehicle.";
(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1A) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven when such motor vehicle is loaded in such a manner that the load or any part thereof or anything extends laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit shall be punishable with a fine of twenty thousand rupees, together with the liability to pay charges for off-loading of such load:
Provided that such motor vehicle shall not be allowed to move before such load is arranged in a manner such that there is no extension of the load laterally beyond the side of the body or to the front or to the rear or in height beyond the permissible limit:
Provided further that nothing in this sub-section shall apply when such motor vehicle has been given an exemption by the competent authority authorised in this behalf, by the State Government or the Central Government, allowing the carriage of a particular load.";
(iii) in sub-section (2), for the words, "which may extend to three thousand rupees", the words "of forty thousand rupees" shall be substituted.
Insertion of new sections 194A, 194B, 194C, 194D, 194E and 194F. Carriage of excess passengers
79. After section 194 of the principal Act, the following sections shall be inserted, namely:- "194A. Whoever drives a transport vehicle or causes or allows a transport vehicle to be driven while carrying more passengers than is authorised in the registration certificate of such transport vehicle or the permit conditions applicable to such transport vehicle shall be punishable with a fine of two hundred rupees per excess passenger: Provided that such transport vehicle shall not be allowed to move before the excess passengers are off-loaded and an alternative transport is arranged for such passengers.
Section 194B Use of safety belts and the seating of children
194B. (1) Whoever drives a motor vehicle without wearing a safety belt or carries passengers not wearing seat belts shall be punishable with a fine of one thousand rupees: Provided that the State Government, may by notification in the Official Gazette, exclude the application of this sub-section to transport vehicles to carry standing passengers or other specified classes of transport vehicles. (2) Whoever drives a motor vehicle or causes or allows a motor vehicle to be driven with a child who, not having attained the age of fourteen years, is not secured by a safety belt or a child restraint system shall be punishable with a fine of one thousand rupees.
Section 194C Penalty for violation of safety measures for motor cycle drivers and pillion riders. Penalty for not wearing protective headgear
194C. Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 128 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months. 194D. Whoever drives a motor cycle or causes or allows a motor cycle to be driven in contravention of the provisions of section 129 or the rules or regulations made thereunder shall be punishable with a fine of one thousand rupees and he shall be disqualified for holding licence for a period of three months.
Section 194E Failure to allow free passage to emergency vehicles
194E.Whoever while driving a motor vehicle fails to draw to the side of the road, on the approach of a fire service vehicle or of an ambulance or other emergency vehicle as may be specified by the State Government, shall be punishable with imprisonment for a term which may extend to six months, or with a fine of ten thousand rupees or with both
Section 194F Use of horns and silence zones
194F. Whoever-
(a) while driving a motor vehicle-
(i) sounds the horn needlessly or continuously or more than necessary to ensure safety, or
(ii) sounds the horn in an area with a traffic sign prohibiting the use of a horn, or
(b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.".
Official resources
India Code - official legislation portal
Motor Vehicles Act, 1988 - official consolidated text
Central Motor Vehicles (Second Amendment) Rules, 2022 - child motorcycle safety