Section 138 Motor Vehicles Act: Power of State Government to make rules

Section 138 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) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 137.

[(1A) The State Government may, in the interest of road safety, make rules for the purposes of regulating the activities and access of non-mechanically propelled vehicles and pedestrians to public places and national highways: Provided that in the case of national highways, such rules shall be framed in consultation with the National Highways Authority of India.]

(2) Without prejudice to the generality of the foregoing power, such rules may provide for

(a) the removal and the safe custody of vehicles including their loads which have broken down or which have been left standing or have been abandoned on roads;

(b) the installation and use of weighing devices;

(d) the exemption from all or any of the provisions of this Chapter of fire Brigade vehicles, ambulances and other special classes or descriptions of vehicle, subject to such conditions as may be prescribed;

(e) the maintenance and management of parking places and stands and the fees, if any, which may be charged for their use;

(f) prohibiting the driving downhill of a motor vehicle with the gear disengaged either generally or in a specified place;

(g) prohibiting the taking hold of or mounting of a motor vehicle in motion;

(h) prohibiting the use of foot-paths or pavements by motor vehicles;

(i) generally, the prevention of danger, injury or annoyance to the public or any person, or of danger or injury to property or of obstruction to traffic; and

(j) any other matter which is to be, or may be, prescribed. Chapter IX Motor Vehicles Temporarily Leaving Or Visiting India

Legal Commentary & Landmark Judgments: Section 138

Section 138 of the Motor Vehicles Act, 1988 vests plenary rulemaking authority in State Governments over local traffic management, including the removal and custody of broken-down vehicles, installation of weighbridges, parking fees, downhill coasting prohibitions, and regulating pedestrian and non-motorized vehicle access.

Custody of Abandoned Vehicles & Breakdown Protocols: Authorizes State rules for the immediate towing, safe custody, and disposal of vehicles and loads that have broken down, been abandoned, or left standing on public highways.
Downhill Coasting and Footpath Prohibitions: Specifically empowers rules prohibiting the dangerous practice of driving downhill with the gear disengaged (neutral coasting), prohibiting the taking hold of moving vehicles, and banning motor vehicles from mounting or driving upon pedestrian footpaths.
Pedestrian & Non-Motorized Transport Regulation: Section 138(1A) enables State Governments, in consultation with NHAI on national highways, to frame rules regulating the movement, road access, and activities of non-mechanically propelled vehicles (bicycles, cycle rickshaws) and pedestrians.

Key Landmark Precedents:

Paramjit Bhasin v. Union of India (2005) 12 SCC 324: The Supreme Court affirmed that State rulemaking powers under Section 138 must strictly promote public safety and cannot be deployed through executive notifications to dilute parent statutory standards on vehicle overloading or safety.
Municipal Corporation of Delhi v. Gurnam Kaur (1989) 1 SCC 101: The Supreme Court held that State traffic management rules regulating parking lots and road usage under Section 138 must balance municipal commercial regulation with the overarching common law right of the public to safe and unobstructed passage on public highways.

Courtroom Practice & Strategic Litigation Guidance:

In hilly terrain or ghat section accident claims where a commercial truck lost control on a downward slope, investigate whether the driver was freewheeling in neutral gear to save fuel. Driving downhill with the gear disengaged violates rules framed under Section 138(2)(f), establishing gross operational recklessness and rebutting any defense of sudden brake fade.

Section 138: Power of State Government to make rules

Section 138 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 138