Transportation Laws

Common Questions on Transportation Laws

1. What is Transportation Law?
2. Which Laws Govern Transportation Law?

As per the provisions of the Indian Constitution, when it comes to matters associated with Motor Vehicles and other mechanically propelled vehicles, both the Union and the state government/s can legislate on the topic as this issue is dealt with under the Concurrent List.

What is Transportation Law?

Transportation Laws are the Laws which provides guidelines to free movement of Vehicles which includes Private and Public Passenger Vehicles. It also includes Air, Sea and Railway. Transportation Law also includes penal Actions and compensation which one has to suffer, pay and get if the guidelines are not met or followed.

Which Laws Govern Transportation Law?

The primary law governing transportation in India is the Motor Vehicles Act 1988. This legislation provides for different kind of regulations w.r.t transportation policies. It also gives specific necessities which have to be completed as per the various kinds of permit/registration.

As per the 7^th Schedule of the Indian Constitution, India has a list system according to which the jurisdiction of legislating on certain matters is enumerated. As per Entry 23 of List A to the Seventh Schedule, the subject of motor vehicles is regulated by the Central Government.

There is a Union Ministry of Road Transport; Highways. The transport wing of this ministry regulates issues related to road transport which is inclusive of motor vehicle legislation.

Some of the laws that are related to the topic are:

• The Carriage by Road Act 2007
• The Motor Vehicles Act 1988
• The National Highways Act 1956
• The National Highways Authority of India Act 1988
• The Control of National Highways (Land and Traffic) Act 2002
• The Multimodal Transportation of Goods Act 1993
• The Fatal Accidents Act 1855
• The Rent a Motor Cycle Scheme 1997

The Motor Vehicles Act is applicable to the whole of India. It talks about matters related to the maximum time for which a motor vehicle might be used. Section 59 of the Act gives the power to fix the age limit of a motor vehicle. Central government has the power to make rules as per Section 110, and Section 111 confers the power on State Governments to make certain rules.