Registration of motor vehicles, Under Motor Vehicle Act, 1988

According to section 39 of Motor Vehicle Act, 1998, every person who owns a motor vehicle or drive any motor vehicle or even permit the vehicle to be driven either on public place or any other place, should be registered under this act with proper administered certification of registration which should be displayed in the prescribed manner.

In the case of a dealer there’s no need of registration if the motor vehicle is in his possession.

Section 40- Registration, where to be made

Under section 40 of the Act, in the state any registering authority in whose jurisdiction the owner of a motor vehicle has the residence or place of business can register his motor vehicle.

Registration, how to be made under section 41

For the registration, the owner or on behalf of the owner of the motor vehicle there should be fulfilment of the documents, particulars, fee and information within the period prescribed by the government of India. Even in the case of joint ownership of motor vehicle, registration will be made by one of them and such applicant will be deemed to be the owner of the motor vehicle according to the act.

The certificate of registration will be issues by the registering authority on the name of the owner and information, such as type of motor vehicle and a distinguishing mark (registration mark). It is the duty of the registration authority to enter the particulars of the certificate in a register in such a form and manner as prescribed by the central government.

According to section 41(7) the validity of the registration certificate of a motor vehicle (other than a transport vehicle) is for fifteen years from the date of issue. After the expiration of this period the owner or on behalf of the owner of the motor vehicle the registration certificate can be renewed and as per section 41(10) the renewed certificate of registration is valid for 5 years. In case if the owner fails to renew the certificate within the provided time, then there is an extra fee which shall not exceed hundred rupees.

The fee of registration and the extra fee (in case of frailer of renewal) is also a subject to state government so it may prescribe different amount. And in case of duplicate certificate registering authority in such form, containing such particulars and information along with such fee as may be prescribed by the Central Government.

Section 42- Special provision for registration of motor vehicles of diplomatic officers or consular officer

In case of issuing certificate of registration for motor vehicle of diplomatic officers and consular officers under government of India, according to section 42, the certificates of registration are to be sent to the owners of the vehicles and the special registration marks to be assigned to such vehicles.

The meaning of “Diplomatic officer” or “consular officer” is a person who is acknowledged by the Government of India.

Temporary registration (section 43)

If the registering authority issues a temporary registration as per section 43 of the Act, the validity of this registration is for one month and is non-renewal. But if in case the chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month, then the period may be extended by the authority.

According to section 43(3), temporary registration can also be issued under hire-purchase agreement, lease or hypothecation by the registration authority.

Section 44- Production of vehicle at the time of registration

According to section 44 of the motor vehicle Act, 1988, it is necessary to present the vehicle to the authority or the authority shall confirm itself that the particulars of the application are correct ant true before proceeding towards registration.

Refusal of the registration or renewal of the certificate of registration under section 45

If the registration authority of motor vehicle has reason to believe that either the vehicle is stolen, or there is any mechanical defect or the information provided in the form by the owner is not correct, or either not consent to this act or rule, then the authority would refuse for any type of certification. And in written, the copy reason of refusal will be provided to the owner.

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