Section 84: General conditions attaching to all permits

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988

Legal Commentary & Landmark Judgments: Section 84

Section 84 of the Motor Vehicles Act, 1988 prescribes mandatory statutory conditions impliedly attached to every transport permit, including vehicle maintenance, compliance with speed limits, driver working hours, anti-smuggling prohibitions, and insurance validity.

  • Mandatory Roadworthiness and Fitness: The vehicle must be maintained at all times in a fit and roadworthy condition, possessing a valid certificate of fitness under Section 56.
  • Speed and Driver Working Hours Compliance: The vehicle must not be driven at a speed exceeding statutory limits, and driver working hours prescribed under Section 91 and labor enactments must be strictly enforced under Section 84(b).
  • Prohibition of Illicit Goods and Smuggling: The vehicle shall not be used for illicit conveyance of contraband, untaxed goods, or prohibited substances under any enactment.
  • Mandatory Insurance and Tax Payments: The vehicle must be covered by a valid certificate of third-party insurance under Chapter XI and all motor vehicle taxes must be paid up to date.
Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Challa Bharathamma (2004) 8 SCC 517: The Supreme Court held that adherence to statutory conditions under Section 84 is paramount; operating a vehicle in gross defiance of statutory conditions impairs the lawful existence of the permit.
  • United India Insurance Co. Ltd. v. Tilak Singh (2006) 4 SCC 404: The Supreme Court held that breach of fundamental statutory permit conditions impacts insurance indemnification and third-party liabilities under the MV Act.
Courtroom Practice & Strategic Litigation Guidance:

In MACT trials and regulatory audit proceedings, Section 84 conditions are non-negotiable. If defending an insured against police seizure or permit suspension under Section 86, demonstrate that mechanical fitness, driver logbooks, and tax receipts were up to date, proving absence of willful default under Section 84.