Section 111 Motor Vehicles Act: Power of State Government to make rules

Section 111 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) A State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of section 110.

(2) Without prejudice to the generality of the foregoing power, rules may be made under this section governing all or any of the following matters either generally in respect of motor vehicles or trailers or in respect of motor vehicles or trailers of a particular class or description or in particular circumstances, namely:

(a) seating arrangements in public service vehicles and the protection of passengers against the weather;

(b) prohibiting or restricting the use of audible signals at certain times or in certain places;

(d) the periodical testing and inspection of vehicles by prescribed authorities [and fees to be charged for such test;]

(e) the particulars other than registration marks to be exhibited by vehicles and the manner in which they shall be exhibited; and

(f) the use of trailers with motor vehicles; [* * *] Chapter VIII Control Of Traffic

Legal Commentary & Landmark Judgments: Section 111

Section 111 of the Motor Vehicles Act, 1988 reserves residual subordinate legislative power to State Governments to frame rules regulating vehicular construction, equipment, and maintenance on matters not occupied by the Central Government, focusing on public passenger seating, weather protection, and inspection fees.

Residual Subordinate Rulemaking Sphere: Authorizes State Governments to frame binding rules for motor vehicles and trailers on all construction, maintenance, and equipment matters falling outside the enumerated domain of Section 110(1).
Public Passenger Transport Protections: Specifically empowers States to mandate seating dimensions, passenger capacity layout, handrails, emergency exits, and weather protection devices (such as rain curtains or glass shutters) in public service vehicles.
Testing Authorities and Inspection Fees: Authorizes State Governments to designate prescribed authorities for periodic vehicular fitness testing, regulate the use of trailers, prohibit annoying or hazardous appliances, and prescribe statutory testing fees.

Key Landmark Precedents:

Automobile Products of India Ltd. v. Rukmaji Rao AIR 1955 SC 349: The Supreme Court recognized the constitutional division between Central standardisation and State operational implementation in transport legislation, affirming that State rules governing passenger safety equipment must be harmoniously read with Central safety norms.
State of Maharashtra v. Sharadchandra AIR 1988 Bom 235: The Bombay High Court held that State rulemaking powers under the Motor Vehicles Act relating to vehicle fittings and passenger accommodation are designed to protect commuters; failure by a public bus operator to adhere to statutory seating or barrier rules establishes actionable tortious negligence.

Courtroom Practice & Strategic Litigation Guidance:

In bus accident claims involving passengers thrown from open doorways or injured by collapsing seats, scrutinize State Motor Vehicles Rules framed under Section 111(2)(a). Establishing that the omnibus lacked pneumatic automatic doors or statutory seating clearances proves operational negligence against the state transport corporation or private fleet owner.

Section 111: Power of State Government to make rules

Section 111 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 111