Section 42 Motor Vehicles Act: Special provision for registration of motor vehicles of diplomatic officers, etc

Section 42 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) Where an application for registration of a motor vehicle is made under sub-section (1) of section 41 by or on behalf of any diplomatic officer or consular officer, then notwithstanding anything contained in sub-section (3) or sub-section (6) of that section, the registering authority shall register the vehicle in such manner and in accordance with such procedure as may be provided by rules made in this behalf by the Central Government under sub-section (3) and shall assign to the vehicle for display thereon a special registration mark in accordance with the provisions contained in those rules and shall issue a certificate (hereafter in this section referred to as the certificate of registration) that the vehicle has been registered under this section; and any vehicle so registered shall not, so long as it remains the property of any diplomatic officer or consular officer, require to be registered otherwise under this Act.

(2) If any vehicle registered under this section ceases to be the property of any diplomatic officer or consular officer, the certificate of registration issued under this section shall also cease to be effective, and the provisions of sections 39 and 40 shall thereupon apply.

(3) The Central Government may make rules for the registration of motor vehicles belonging to diplomatic officers and consular officers regarding the procedure to be followed by the registering authority for registering such vehicles, the form in which the certificates of registration of such vehicles are to be issued, the manner in which such certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles.

(4) For the purposes of this section, diplomatic officer or consular officer means any person who is recognised as such by the Central Government and if any question arises as to whether a person is or is not such an officer, the decision of the Central Government thereon shall be final. [43. Temporary registration. - Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government: Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.] [44. Production of vehicle at the time of registration. - (1) Subject to such terms and conditions as may be prescribed by the Central Government in this behalf, a motor vehicle sold by an authorised dealer shall not require production before a registering authority for the purposes of registration for the first time.

(2) Subject to such terms and conditions as may be prescribed by the State Government, a person in whose name a certificate of registration has been issued shall not be required to produce the vehicle registered or transferred before a registering authority.]

Legal Commentary & Landmark Judgments: Section 42

Section 42 of the Motor Vehicles Act, 1988 establishes a specialized registration framework for motor vehicles owned by diplomatic missions, consular officers, and United Nations representatives, balancing sovereign immunities with domestic vehicular traceability.

Diplomatic Registration Framework: Section 42(1) governs the registration of vehicles owned by diplomatic officers, consular officers, or international organizations privileged under international conventions and domestic statutes.
Distinctive Diplomatic Number Plates: Mandates the assignment of unique registration marks (such as 'CD' for Corps Diplomatique, 'CC' for Consular Corps, and 'UN' for United Nations agencies) displayed on specialized blue number plates.
Exemption from Standard Fees and State Levies: Vehicles registered under Section 42 are exempt from ordinary state registration fees and motor vehicle road taxes pursuant to Vienna Convention immunities.

Key Landmark Precedents:

Harbhajan Singh Dhalla v. Union of India (1986) 4 SCC 678: The Supreme Court examined diplomatic immunity, noting that while foreign missions enjoy jurisdictional immunity, domestic regulatory and compensatory mechanisms must be harmonized through the Ministry of External Affairs.
Union of India v. Sukumar Pyne AIR 1966 SC 1206: Highlighted the procedural application of special diplomatic and sovereign statutory provisions in domestic regulatory frameworks.

Courtroom Practice & Strategic Litigation Guidance:

In MACT claims involving collisions with diplomatic ('CD') vehicles, do not serve notice directly upon foreign embassy personnel without MEA clearance. Notice must be routed through the Ministry of External Affairs, and third-party motor insurance coverage (which remains mandatory under Section 146 even for diplomatic vehicles) must be invoked to secure compensation directly from the domestic insurer.

Section 42: Special provision for registration of motor vehicles of diplomatic officers, etc

Section 42 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 42