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Section 117: Parking places and halting stations

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1988
Section 116 All 217 Sections of Motor Vehicles Act Section 118

Legal Commentary & Landmark Judgments: Section 117

Section 117 of the Motor Vehicles Act, 1988 regulates the statutory determination of parking places and public carriage halting stations by State Governments and NHAI in consultation with local authorities, giving overriding statutory primacy to road user safety and free traffic flow.

  • Consultative Determination with Local Authorities: Authorizes the State Government (and NHAI on National Highways) to designate parking places and vehicle stands only in formal consultation with the municipal or panchayat local authority having territorial jurisdiction.
  • Statutory Primacy to Safety and Traffic Flow: The 2019 amendment introduces a mandatory proviso commanding that the State Government or authorized agency 'shall give primacy to the safety of road users and the free flow of traffic' when determining halting stations and parking zones.
  • Regulation of Public Service Vehicle Halts: Specifically empowers authorities to prescribe designated locations where public service vehicles may stop for durations longer than necessary for the immediate boarding and alighting of passengers.
Key Landmark Precedents:
  • Municipal Corporation of Delhi v. Gurnam Kaur (1989) 1 SCC 101: The Supreme Court observed that regulatory authorities possess statutory powers under the Motor Vehicles Act to regulate public street usage, emphasizing that unregulated roadside parking stands cannot be permitted to impede pedestrian rights or smooth vehicular movement.
  • M.C. Mehta v. Union of India (2001) 3 SCC 756: The Supreme Court held that the unorganized parking of commercial vehicles and omnibuses on public thoroughfares creates severe public nuisance and traffic hazards; designated halting spaces under Section 117 must strictly serve commuter safety rather than private operator convenience.
Courtroom Practice & Strategic Litigation Guidance:

In municipal or public interest litigation against illegal bus stands and taxi ranks, verify whether a formal notification under Section 117 was issued after consultative concurrence with the municipal corporation. An informal or un-notified roadside halting station violating the 'safety and free flow' proviso can be restrained via writ of mandamus.

Section 116 All 217 Sections of Motor Vehicles Act Section 118