[(1) The hours of work of any person engaged for operating a transport vehicle shall be such as provided in the Motor Transport Workers Act, 1961 (27 of 1961)]
(2) A State Government may, by notification in the Official Gazette, grant such exemptions from the provisions of sub-section (1) as it thinks fit, to meet cases of emergency or of delays by reason of circumstances which could not be foreseen.
(3) A State Government or, if authorised in this behalf by the State Government by rules made under section 96, the State or a Regional Transport Authority may require persons employing any person whose work is subject to any of the provisions of sub-section (1) to fix beforehand the hours of work of such persons so as to conform to those provisions, and may provide for the recording of the hours so fixed.
(4) No person shall work or shall cause or allow any other person to work outside the hours fixed or recorded for the work of such persons under sub-section (3).
(5) A State Government may prescribe the circumstances under which and the period during which the driver of a vehicle although not engaged in work is required to remain on or near the vehicle may be deemed to be an interval for rest within the meaning of sub-section (1).
Legal Commentary & Landmark Judgments: Section 91
Section 91 of the Motor Vehicles Act, 1988 imposes mandatory statutory limits on the continuous and daily driving hours of transport vehicle drivers, commanding mandatory rest intervals and weekly caps to prevent driver fatigue and protect highway safety.
In heavy commercial transport accident trials and MACT claims alleging gross negligence, scrutinize the driver's logbook, FASTag toll timestamps, and GPS tracking records. If the employer compelled the driver to operate continuously for 12–14 hours in breach of Section 91, plead employer's direct culpability and vicarious liability for punitive damages under tort law.