By Samriddhi Thakar
Introduction
In India, every person has a right to drive the car and having a car of one’s own is a dream of every person. With the increasing number of vehicles on the road, one can say that it is not difficult to accomplish this dream. But this increasing number of vehicles is leading to an increasing number of accidents and fatalities.
Everyday many people are severely injured and some even lose their lives. To reduce the increasing number of accidents, to introduce new traffic rules and road safety measures, the New Motor Vehicle Act, 2019 was passed.
The purpose of the new amendments in the Act is to make road travel safe and promote safe driving amongst the young generation.[1] Earlier we were governed by the Motor Vehicle Act, 1988.
The rules regarding driving, registrations, obtaining a driving license, traffic regulations, insurance and penalties, etc. are specifically mentioned in this Act. This Act is applicable to whole of India. All the vehicles in India are governed by the same Act. Similarly, the registration of the vehicles and the suspension of registration certificate of the vehicle are done by the same Act.
When a person’s car registration is suspended it basically means that the person has no right to drive the car on the road until the registration is reinstated. It means neither you nor anyone else can drive the car.
But before understanding how a car’s registration can be suspended one should have a basic idea of the meaning of registration.
Registration of Vehicle
As mentioned earlier, all the vehicles in India are governed by the Motor Vehicle Act, 1988. It is mandatory for every person to register his/her vehicle before driving it in public places. After registering the vehicle a certificate of the same is issued to the owner which acts as proof of registration.
After getting the certificate the owner of the vehicle has full right to use the vehicle anywhere in India.
Need for Registration
Whenever a person purchases any vehicle, it is very important to get it registered. Every state requires its people to register a car to get the license plate and drive legally. Section 39 of the Motor Vehicle Act, 1988 lay down that no person should drive any motor vehicle or permit the vehicle to be driven in a public place unless the vehicle is registered in accordance with this Act and the certificate of registration of vehicle has not been suspended or cancelled.
What is a Certificate of Registration?
A certificate of registration is a certificate issued by a competent authority that states that a motor vehicle has been duly registered in accordance with the provisions.
After the process of registration of the vehicle is complete, the registration authority issues this certificate of registration which contains particulars and information in such a manner as prescribed by the Central Government.
Suspension of Registration
A suspension of the vehicle in simple terms means that a person has no right to drive the vehicle in public till the time registration is restored. Section 53 of the Motor Vehicle Act, 1988 provides ways in which a person’s registration can be suspended.
The section lays down the following ways in which the registration can be suspended:
- In case if the condition of the vehicle is such as to constitute a danger to the public.
- If it fails to comply with the requirements or rules of this Act.
- If the vehicle has been used for hire and reward without a valid permit.
As mentioned above if any person drives any vehicle which is mechanically defective or is in such a condition that would raise safety concerns in the public, then in such a case the registration will be suspended. Secondly, if the vehicle fails to comply with the rules which are given in the Act, then the registration will be suspended.
Lastly, if the vehicle is used for hire or reward without a valid permit the registration of the vehicle will be suspended. This can be seen in the case of B. Shridhara Kakkilaya Vs. Commissioner for Transport[2] where the Karnataka High Court held that the vehicle was used for conveying passengers from Bellary to Puttur for hire without a valid permit for that purpose.
Hence, the certificate of registration of the owner was suspended.
Recently it was held by the Supreme Court in case of State of Madhya Pradesh Vs. Centre for Environment Protection Research and Development & Others[3] that the vehicles that do not possess Pollution Under Control Certificate (PUCC) shall face immediate suspension or cancellation of registration certificate.
The Supreme Court also stressed multiple punishments that can be given out in the interest of the environment. This decision basically came on appeal that was filled by the Madhya Pradesh Government, which challenged the decision of the National Green Tribunal (NGT), Central Zone, Bhopal on April 21, 2015.
The NGT had ordered that vehicles without a valid PUC were to face suspension of the registration certificate and were not be given fuel.
Rules regarding Suspension of Registration
Section 53 of the Motor Vehicle Act, 1988 lays down certain rules regarding suspension of registration which are as follows:
- When an authority other than registering authority makes suspension of the vehicle, that authority has to intimate in writing the facts of the suspension and the reasons to the registering authority within whose jurisdiction the vehicle is at the time of the suspension.
- The owner of the motor vehicle, whose registration has been suspended, has to surrender the certificate of registration to the registering authority or the prescribed authority.
- A certificate of registration that is surrendered shall be returned to the owner when the order suspending the registration has been rescinded and not before that.
What happens when vehicle registration is suspended?
When your vehicle’s registration is suspended it means that neither you nor anyone can drive that vehicle till the time registration is reinstated. It simply means a ban on using that vehicle for a certain period of time. But this doesn’t mean you cannot drive another vehicle.
You have a right to use another vehicle because the registration of that particular vehicle is suspended and not the license of any person. So a person has a right to use another vehicle whose registration is not suspended. If a particular person drives a suspended vehicle in that case they may have to face fines and penalties.
Can one continue driving after their registration is suspended?
Yes. One can continue driving another vehicle as registration of a particular vehicle is suspended and not the license of any person. If for example your ABC car’s registration is suspended it means that you cannot drive that car, but you have the right to use another car. Having registration suspended doesn’t stop one from driving another registered vehicle.
Conclusion
Thus, from this, we can conclude that it is the responsibility of every person to stay vigilant and use the vehicles on the roads cautiously. If any of the above-mentioned situations occur, registration of the vehicle can be suspended.
But this doesn’t mean that one cannot drive another vehicle. He has the right to drive another vehicle but not the suspended one and suspension of registration doesn’t mean suspension of license, so one has every right to drive another vehicle.
In the light of increasing vehicles on the road, various rules and regulations have been imposed on the people for their own safety. According to some news reports on average 1 lakh lives are lost in road accidents.
Therefore, an improvised Motor Vehicle Act, 2019 was passed which made various amendments to the old act and included strict fines and penalties for various offenses, traffic violations, etc. the Act also provides for new rules relating to the fitness standard of vehicles, it has also included medical assistance to citizens in any case of road mishap, and compensation amount in case of injury or death has been increased.
Lastly, it is the duty of every person to drive cautiously and stay safe.
References
- Bajaj Finservmarket, available at: bajajfinservmarkets.in(last visited on 3 June 2021) ↑
- B. Shridhara Kakkilaya Vs. Commissioner for Transport, ILR 1974 KAR 598, 1974 ↑
- State of Madhya Pradesh Vs. Centre for Environment Protection Research and Development & Others, Civil Appeal Nos. 8932-8933 of 2015 ↑