Section 75: Scheme for renting of motorcabs

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 75

Section 75 of the Motor Vehicles Act, 1988 establishes the statutory framework empowering the Central Government to frame schemes for the licensing, operation, and regulation of rent-a-cab and self-drive motor vehicle businesses across India.

  • Central Government Scheme Formulation: Central Government may, by official notification, formulate the 'Rent a Cab Scheme' to govern entities engaged in renting motorcabs or motorcycles to tourists and customers for self-driving or chauffeured use.
  • Licensing and Minimum Fleet Requirements: An operator must obtain a statutory license from the State Transport Authority, maintain a prescribed minimum fleet of registered motorcabs, and maintain branch offices and qualified maintenance facilities.
  • Statutory Insurance and Operational Records: Licensees must ensure valid comprehensive insurance, verify hirers' driving licences, and maintain complete digital registers of hiring transactions for statutory and police inspection under Section 75(2).
Key Landmark Precedents:
  • Carzonrent (India) P. Ltd. v. Commissioner of Transport, 2011 SCC OnLine Del 3418: The Delhi High Court held that licensing under Section 75 Rent a Cab Scheme requires strict compliance with infrastructure and fleet norms, and licensing authorities cannot impose arbitrary local preconditions outside the Central Scheme.
  • Uber India Systems Pvt. Ltd. v. Competition Commission of India (2019) 8 SCC 697: The Supreme Court reviewed the modern operational modalities of radio taxi and rental transport frameworks under the MV Act, recognizing the regulatory transition towards centralized fleet management.
Courtroom Practice & Strategic Litigation Guidance:

When advising self-drive car rental startups, ensure full compliance with the Rent a Cab Scheme, 1989 framed under Section 75. Ensure that every vehicle in the rental fleet is registered with commercial black-on-yellow plates (or green-on-yellow for EVs), possesses commercial passenger insurance, and maintains digital driver licence verification logs to insulate the company from vicarious penal liability.