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Section 43: Temporary registration

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1988
Section 42 All 217 Sections of Motor Vehicles Act Section 44

Legal Commentary & Landmark Judgments: Section 43

Section 43 of the Motor Vehicles Act, 1988 governs the issuance and temporal validity of temporary registration certificates, enabling motor vehicles to be lawfully operated in transit from dealer showrooms to the permanent registering authority.

  • Temporal Validity and Transit Purpose: Section 43(1) authorizes the registering authority or an authorized motor vehicle dealer to issue a temporary certificate of registration valid for a statutory period not exceeding one month (extendable up to six months for specialized chassis body-building).
  • Strict Non-Renewability and Bar on Continued Plying: Temporary registration is strictly an interim measure; continuing to drive the vehicle after expiry of the temporary certificate without obtaining permanent registration under Section 39 constitutes a penal offense.
  • Statutory Dealer-Point Empowerment: Following recent amendments, authorized automobile dealers are empowered as registering authorities to process temporary registrations and point-of-sale permanent registration before vehicle delivery.
Key Landmark Precedents:
  • Narinder Singh v. New India Assurance Co. Ltd. (2014) 9 SCC 324: The Supreme Court held that driving a motor vehicle without a valid registration (including driving after the expiry of a temporary registration granted under Section 43) constitutes a fundamental breach of statutory terms and a policy violation, disentitling the insured from claiming Own Damage (OD) compensation.
  • United India Insurance Co. Ltd. v. Sushil Kumar Godara (2021) 14 SCC 560: Affirmed Narinder Singh, ruling that where a vehicle was stolen after its temporary registration had expired and no permanent registration was obtained, the insurer is not liable to indemnify the insured for theft because the vehicle was being used in contravention of Sections 39 and 43.
Courtroom Practice & Strategic Litigation Guidance:

In Own Damage (OD) insurance claims involving vehicle theft or collision, immediately verify the exact date of expiry of the Section 43 temporary registration. If expired and no permanent registration application was pending, the insurer is legally entitled to repudiate the OD claim under Sushil Kumar Godara. However, in third-party claims, third-party rights are protected, and pay-and-recover principles apply.

Section 42 All 217 Sections of Motor Vehicles Act Section 44