Section 114: Power to have vehicle weighed

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 114

Section 114 of the Motor Vehicles Act, 1988 empowers enforcement officers to divert suspected overloaded goods vehicles to a weighbridge within 10 km on the forward route or 20 km from destination, order mandatory off-loading of excess cargo at the driver's risk, and endorse the permit.

  • Reason to Believe Jurisdictional Threshold: The power to order weighment is conditioned upon the enforcement officer possessing reasonable grounds to believe that a goods vehicle or trailer is being operated in contravention of Section 113 weight limits.
  • Spatial Limits on Weighment Diversion: The officer may require the driver to convey the vehicle to a weighbridge located within 10 kilometres from any point on the forward route, or within 20 kilometres of the vehicle's destination.
  • Mandatory Written Off-Loading Order & Permit Endorsement: If overloading is verified, the officer must issue a written order directing the driver to off-load excess weight at his own risk; the vehicle cannot be moved until weight conforms to Section 113, and details must be endorsed on the goods carriage permit and communicated to the issuing RTA.
Key Landmark Precedents:
  • Paramjit Bhasin v. Union of India (2005) 12 SCC 324: The Supreme Court held that under Section 114, off-loading of excess weight is mandatory; an overloaded vehicle cannot be allowed to proceed merely upon paying an on-the-spot compounding fine, as continuing to drive an overloaded vehicle constitutes a continuing public hazard.
  • State of U.P. v. Ram Chandra Trivedi (1976) 4 SCC 52: The Supreme Court affirmed that administrative powers conferred on statutory officers must be exercised strictly within the territorial and procedural parameters laid down by the governing statute, such that diversion orders must comply with statutory distance limits.
Courtroom Practice & Strategic Litigation Guidance:

When challenging a seizure or penalty under Section 114, verify the exact geographical location of the weighbridge relative to the truck's forward route. If the diversion exceeded the 10 km / 20 km statutory boundary, challenge the enforcement action as ultra vires. For consigner clients, ensure warehouse contracts stipulate indemnity for off-loading storage costs incurred under Section 114 orders.