Sections 92, 93, 94, 96, 110, 110A and 110B of the Motor Vehicles Act
These provisions address transport licences and schemes, licensing of agents, canvassers and aggregators, rule-making for road transport, vehicle construction and component standards, statutory vehicle recalls, type approval and testing agencies.
Section 92 - Voidance of contracts restrictive of liability
Section 92 prevents contractual terms from defeating statutory liability in relation to a transport vehicle for which a permit or licence has been issued. The 2019 amendment replaced the narrower reference to a stage carriage or contract carriage and a permit with the broader expression covering a transport vehicle and a permit or licence.
Section 93 - Agent, canvasser or aggregator to obtain licence
Section 93 regulates licensing of persons acting as agents or canvassers in specified transport businesses and expressly brings an aggregator within the licensing framework.
Aggregator: section 2(1A) defines an aggregator as a digital intermediary or marketplace for a passenger to connect with a driver for transportation.
When issuing an aggregator licence, the State Government may follow guidelines issued by the Central Government. An aggregator must also comply with applicable information-technology law and rules.
Motor Vehicle Aggregator Guidelines, 2025
MoRTH issued the Motor Vehicle Aggregator Guidelines, 2025 on 1 July 2025. They provide an updated model framework for State licensing of aggregators under section 93, including eligibility, licensing, vehicles, drivers, passenger safety, fares, insurance, data and platform obligations. State implementation should be checked for the jurisdiction concerned.
Section 94 - Bar on jurisdiction of civil courts
Section 94 limits civil-court jurisdiction over questions relating to the grant of a permit or a licence issued under a statutory scheme and prevents injunctions against action taken by the duly constituted transport authorities in accordance with the Act.
Section 96 - State Government rule-making power
Section 96 empowers State Governments to make rules for carrying Chapter V into effect. The 2019 amendment expressly added rule-making concerning schemes under section 67(3), effective competition, passenger convenience and safety, competitive fares and prevention of overcrowding.
Section 110 - Central rules on construction, equipment and maintenance
Section 110 authorises the Central Government to prescribe standards and requirements concerning the construction, equipment and maintenance of motor vehicles and trailers. The 2019 amendment expressly included software within standards for components.
The amendment also permits rules to prescribe investigation procedure, officers empowered to investigate, hearing procedure and penalties in matters covered by section 110(2).
Under section 110(2A), an authorised investigator has specified civil-court powers, including summoning and enforcing attendance, examining persons on oath, requiring discovery and production of documents and receiving evidence on affidavit.
Section 110A - Recall of motor vehicles
Section 110A creates a statutory recall mechanism where a vehicle defect may cause harm to the environment, the driver, occupants or other road users.
The Central Government may direct recall of a type or variant when the statutory conditions are satisfied, including defect reports from the prescribed percentage of owners, a testing agency or another source.
If the defect lies in a component, recall may extend to all vehicles containing that component regardless of vehicle type or variant.
A manufacturer subject to recall must, as applicable, reimburse the buyer for the full cost subject to financing arrangements, or replace the defective vehicle with a compliant vehicle of similar or better specifications or repair it, and meet applicable fines and dues.
A manufacturer that independently notices a defect must inform the Central Government and initiate recall proceedings; section 110A provides the specified consequence regarding fine liability in that situation.
The Central Motor Vehicles Rules contain the detailed recall procedure, including the regulatory framework introduced to operationalise section 110A.
Section 110B - Type approval certificate and testing agencies
Section 110B establishes the statutory type-approval system for motor vehicles and specified trailers and related vehicles.
Subject to statutory exemptions, a covered vehicle cannot be sold, delivered, offered for sale or delivery, or used in a public place in India unless the required type-approval certificate has been issued.
The manufacturer or importer must submit the prototype to a testing agency for type approval. The Central Government makes rules for accreditation, registration and regulation of testing agencies.
Testing agencies may test production-line or otherwise obtained vehicles to verify conformity with Chapter VII and the applicable rules and regulations.
Where a vehicle holding a type-approval certificate is recalled under section 110A, section 110B(5) provides for cancellation of the accreditation and registration of the testing agency that granted the certificate.
Official resources
Motor Vehicles Act, 1988 - India Code
Motor Vehicle Aggregator Guidelines, 2025 - MoRTH