Sections 26, 27, 28, 40, 41 and 43 under the Motor Vehicles (Amendment) Act, 2019
The Motor Vehicles (Amendment) Act, 2019 amended the Motor Vehicles Act, 1988 in relation to State Registers of Driving Licences, Central and State rule-making powers, the place and process of vehicle registration, dealer registration of new vehicles, and temporary registration.
The statutory text and subordinate legislation should be checked on India Code and the Ministry of Road Transport and Highways before acting on a procedural requirement.
Section 26 - Maintenance of State Registers of Driving Licences
Section 13 of the Motor Vehicles (Amendment) Act, 2019 substituted section 26 of the principal Act. The provision requires every State Government to maintain a State Register of Driving Licences in the form prescribed by the Central Government for driving licences issued and renewed by the State's licensing authorities.
The register includes: (a) names and addresses of driving licence holders; (b) licence numbers; (c) dates of issue or renewal; (d) dates of expiry; (e) classes and types of vehicles authorised to be driven; and (f) other particulars prescribed by the Central Government.
This State-level register operates within the wider statutory architecture that includes the National Register of Driving Licences under section 25A.
Section 27 - Power of Central Government to make rules
Section 27 is the Central Government's rule-making provision for Chapter II of the Motor Vehicles Act. Section 14 of the 2019 Amendment Act expanded the matters for which Central rules may be made.
The inserted matters include the form and manner for issue of learner's licences under section 8(6), identity verification under sections 8 and 11, curriculum and regulation of training establishments under section 12(6), conditions relating to licences covered by section 14(2), publication of information referred to in section 19(1A), the nature, syllabus and duration of driver refresher training under section 19(2B), and matters referred to in section 25A.
The amendment also omitted the words "sub-section (1) of" in clause (p), aligning the rule-making power with the substituted section 26.
Section 28 - Power of State Government to make rules
Section 28 authorises State Governments to make rules for carrying into effect Chapter II, except for matters assigned to Central rule-making under section 27.
Section 15 of the Motor Vehicles (Amendment) Act, 2019 omitted clause (j) of section 28(2). The change corresponds with the revised statutory treatment of the State Register of Driving Licences and the Central Government's prescribed framework under section 26.
Section 40 - Registration: where an application may be made
Section 40 forms part of Chapter IV dealing with registration of motor vehicles. Section 16 of the 2019 Amendment Act replaced the words "a registering authority" with "any registering authority in the State".
The amendment broadens the statutory reference to the registering authority within the State. The provision must be read with section 41, the Central Motor Vehicles Rules and the current electronic registration process.
Section 41 - Registration and certificate of registration
Section 41 governs the application for registration and the issue and validity of the certificate of registration. Section 17 of the 2019 Amendment Act made several changes to modernise the registration process.
Dealer application for a new vehicle: where a new motor vehicle is registered in the same State in which the dealer is situated, the amended provision places the registration application on the dealer.
Certificate of registration: section 41(3) was amended so that the certificate is issued in the name of the owner.
Registration mark before delivery: for a new motor vehicle covered by the dealer-registration proviso, the vehicle is not to be delivered to the owner until the registration mark is displayed in the form and manner prescribed by the Central Government.
Validity and renewal: the 2019 amendment modified section 41(7), (8) and (10), including the statutory basis for the Central Government to prescribe periods and different renewal periods for different types of motor vehicles. Sub-sections (11), (12) and (13) were omitted.
Section 43 - Temporary registration
Section 18 of the Motor Vehicles (Amendment) Act, 2019 substituted section 43. It permits the owner of a motor vehicle, notwithstanding section 40, to apply to any registering authority or other authority prescribed by the State Government for temporary registration.
The authority may issue a temporary certificate of registration and temporary registration mark in accordance with Central Government rules. The proviso also empowers the State Government to provide for registration of a motor vehicle plying temporarily within the State and the issue of a certificate and registration mark for one month in the prescribed manner.
Under the Central Motor Vehicles Rules, the electronic temporary-registration framework includes rules 53A, 53B and 53C. These address the application, electronic issue and temporary registration mark. Current rule requirements should therefore be checked rather than relying only on the bare wording of section 43.
Official legal and vehicle-registration resources
Motor Vehicles Act, 1988 - India Code
India Code - Acts, rules and notifications