Section 58 Motor Vehicles Act: Special provisions in regard to transport vehicles

Section 58 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 Central Government may, having regard to the number, nature and size of the tyres attached to the wheels of a transport vehicle (other than a motorcab), and its make and model and other relevant considerations, by notification in the Official Gazette, specify, in relation to each make and model of a transport vehicle, the [maximum gross vehicle weight] of such vehicle and the maximum safe axle weight of each axle of such vehicle.

(2) A registering authority, when registering a transport vehicle, other than a motorcab shall enter in the record of registration and shall also enter in the certificate of registration of the vehicle the following particulars, namely:

(a) the unladen weight of the vehicle;

(b) the number, nature and size of the tyres attached to each wheel;

(d) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided, and the owner of the vehicle shall have the same particulars exhibited in the prescribed manner on the vehicle.

(3) There shall not be entered in the certificate of registration of any such vehicle any gross vehicle weight or a registered axle weight of any of the axles different from that specified in the notification under sub-section (1) in relation to the make and model of such vehicle and to the number, nature and size of the tyres attached to its wheels: Provided that where it appears to the Central Government that heavier weights than those specified in the notification under sub-section (1) may be permitted in a particular locality for vehicles of a particular type, the Central Government may, by order in the Official Gazette direct that the provisions of this sub-section shall apply with such modifications as may be specified in the order. [* * *]

(5) In order that the gross vehicle weight entered in the certificate of registration of a vehicle may be revised in accordance with the provisions of sub-section (3), the registering authority may require the owner of transport vehicle in accordance with such procedure as may be prescribed to produce the certificate of registration within such time as may be specified by the registering authority.

Legal Commentary & Landmark Judgments: Section 58

Section 58 of the Motor Vehicles Act, 1988 prescribes mandatory statutory specifications for transport vehicles, empowering the Central Government to determine maximum gross vehicle weights and axle weights, and prohibiting registering authorities from registering transport vehicles whose technical parameters exceed certified limits.

Determination of Maximum Gross and Axle Weights: Under Section 58(1), the Central Government notifies the maximum gross vehicle weight (GVW) and maximum registered axle weight for each make and model of transport vehicle, having regard to the number, size, and ply rating of tires, braking efficiency, and road infrastructure capacity.
Registering Authority's Non-Discretionary Compliance: The registering authority cannot enter a gross vehicle weight in the certificate of registration exceeding the ceiling certified by the manufacturer or notified by the Central Government under Section 58(2), ensuring technical safety uniformity.
Prohibition of Unauthorized Technical Alterations: Any mechanical alteration, chassis extension, or axle addition that inflates carrying capacity or structural dimensions beyond Central prototype approvals violates Section 58 and exposes the vehicle to immediate registration suspension and statutory impoundment.

Key Landmark Precedents:

Paramjit Bhasin v. Union of India (2005) 12 SCC 324: The Supreme Court held that loading a transport vehicle beyond the maximum permissible gross vehicle weight entered under Section 58 poses severe hazards to public safety and road assets; State Governments have no legal authority to issue compounding notifications or tokens that permit overloaded vehicles to continue their journey without offloading excess freight.
All India Motor Transport Congress v. Union of India, 2018 SCC OnLine Del 10839: The Delhi High Court upheld the Central Government notifications revising axle load and safe gross vehicle weight norms for transport vehicles under Section 58, ruling that modern road infrastructure and automotive engineering justify statutory payload revisions based on technical assessments.

Courtroom Practice & Strategic Litigation Guidance:

In MACT litigation involving heavy commercial vehicles and overloading prosecutions under Section 113/194, cross-examine the prosecution or claimant on the weighbridge slip (Dharam Kanta) against the registered GVW specified under Section 58 in the RC. If defending an insurer, establish that severe overloading violating Section 58 was the proximate cause of brake failure or tyre burst, thereby securing pay-and-recover rights against the insured vehicle owner.

Section 58: Special provisions in regard to transport vehicles

Section 58 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 58