The traffic issues being
confronted in India is rising with the increase in the registration of motor
vehicles and in motor vehicle users. With this there is an alarming rate of
increase in the pollution levels, ie air pollution, noise pollution etc. So to
go in pace with this situation, the Parliament and State Legislatures has
enacted many statutes, and in some cases has included certain provisions relating
to this aspect into different statutes. In this project we will be analyzing
the Motor Vehicle legislations, rules, regulations etc in the perspective of
traffic issues generated on account of development. Those include the Motor
Vehicle Act 1988, Central Motor Vehicle Rules 1989, Rules of the Road
Regulation 1989, Kerala Motor Vehicle Rules 1989, The Environment (Protection)
Act 1986, The Air (Prevention and Control of Pollution) Act 1981. Then we also
look into some of the present policies and scenario related to this topic.
THE MOTOR VEHICLES ACT, 1988
CHAPTER VII deals with the ‘Construction, Equipment
and Maintenance of Motor Vehicles’.
In that ,
says about the general provision regarding construction and maintenance of
s.109 (1) explains that every motor
vehicle should be constructed and maintained in such a way so that it will be
under the effective control of the person driving the vehicle.
s.109 (2) explains that every motor
vehicle must have right hand steering control, unless it is equipped with a
mechanical or electrical signaling device of the prescribed nature.
s.109 (3) is of more important and
relevant in our topic of research. It explains that if the Central Government
is of the opinion that something is necessary and is of public interest, then
it may notify it as an order in the
Official Gazette. It can notify that any article or process used by a
manufacturer shall conform to such standard as prescribe in the gazette.
Section 110 actually
says about the power of Central Government to make rules regulating the
construction, equipment and maintenance of motor vehicles and trailers with
respect to matters such as :
(a) the width,
height, and overhang of vehicles and of the loads carried.
(b)the size, nature, maximum retail
price and condition of tyres, including embossing there the date of
manufacture, and the maximum load carrying capacity.